Article 57.--EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW
65-5708.Orders to comply with certain requirements; enforcement;civil penalties; action by health care professional to obtain information;disposition of moneys from civil penalties.(a) The secretary of health and environment, the adjutant general or theattorney general may order a facility owner or operator to comply with therequirements of section 302(c) or 303(d) of the federal act, as adopted byK.S.A. 65-5707, and amendments thereto. The secretary of health andenvironment, the adjutant general or attorney general may bring an action toenforce the order in the district court of the judicial district where thefacility is located by a civil penalty of not more than $25,000 for each daythe violation or failure to comply continues.
(b) For a violation of the requirements of section 304 of the federalact, as adopted by K.S.A. 65-5707, and amendments thereto:
(1) The secretary of health and environment, the adjutant general or theattorney general, upon notice and opportunity for hearing, may assess acivil penalty of not more than $25,000 per violation.
(2) The secretary of health and environment, the adjutant general or theattorney general may bring an action against a facility owner or operatorin the district court of the judicial district where the facility islocated for a civil penalty of: (A) Not more than $25,000 per day for eachday the violation continues, for the first violation; and (B) not more than$75,000 per day for each day the violation continues, for the second or asubsequent violation.
(c) For a violation of the requirements of section 312 or 313 of the federalact, as adopted by K.S.A. 65-5707, and amendments thereto, or fordenial of the accesses provided for in K.S.A. 65-5711, and amendmentsthereto:
(1) The secretary of health and environment, the adjutant general or theattorney general, upon notice and opportunity for hearing, may assess a civilpenalty of not more than $25,000 per violation.
(2) The secretary of health and environment, the adjutant general or theattorney general may bring an action against a facility owner or operatorin the district court of the judicial district where the facility islocated for a civil penalty of not more than $25,000 per day for each daythe violation continues.
(d) For a violation of section 311 or 323(b) of the federal act, asadopted by K.S.A. 65-5707, and amendments thereto:
(1) The secretary of health and environment, the adjutant general or theattorney general, upon notice and opportunity for hearing, may assess acivil penalty of not more than $10,000 per violation.
(2) The secretary of health and environment, the adjutant general or theattorney general may bring an action against a facility owner or operatorin the district court of the judicial district where the facility islocated for a civil penalty of not more than $10,000 per day for each daythe violation continues.
(e) The secretary of health and environment may impose a late fee at therate of 10% per annum on any outstanding fee (including late fee) owed thedepartment under K.S.A. 65-5704, and amendments thereto, or rulesandregulations promulgated thereunder. The late fee shall be imposed on the firstof each month following the date a fee was due. Payment made prior to the nextsucceeding month shall satisfy the requirements of this section.
(f) Any health care professional entitled to information pursuant to section323 of the federal act, as adopted by K.S.A. 65-5707, and amendmentsthereto, may bring an action in the district court to require a facility owneror operator to provide such information.
(g) Except as provided by subsection (h), any civil penalty recoveredpursuant to this section shall be remitted to the state treasurerinaccordance with the provisions of K.S.A. 75-4215, and amendments thereto. Uponreceipt of each such remittance, the state treasurershalldeposit the entire amount in the state treasury to thecredit of thestate general fund.
(h) At the request of the secretary of health and environment, theadjutant general or the attorney general, a county or district attorney maybring an action for a civil penalty as provided by this section, in whichcase 1/2 of any penalty recovered in such action shall be paid to thecounty treasurer for deposit in the county treasury and credit to thecounty general fund. The remainder shall be remitted to the state treasurerfor disposition as provided by subsection (g).
History: L. 1987, ch. 231, § 8; L. 1991, ch. 202, § 4;L. 2001, ch. 5, § 264; July 1.
Article 57.--EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW
65-5708.Orders to comply with certain requirements; enforcement;civil penalties; action by health care professional to obtain information;disposition of moneys from civil penalties.(a) The secretary of health and environment, the adjutant general or theattorney general may order a facility owner or operator to comply with therequirements of section 302(c) or 303(d) of the federal act, as adopted byK.S.A. 65-5707, and amendments thereto. The secretary of health andenvironment, the adjutant general or attorney general may bring an action toenforce the order in the district court of the judicial district where thefacility is located by a civil penalty of not more than $25,000 for each daythe violation or failure to comply continues.
(b) For a violation of the requirements of section 304 of the federalact, as adopted by K.S.A. 65-5707, and amendments thereto:
(1) The secretary of health and environment, the adjutant general or theattorney general, upon notice and opportunity for hearing, may assess acivil penalty of not more than $25,000 per violation.
(2) The secretary of health and environment, the adjutant general or theattorney general may bring an action against a facility owner or operatorin the district court of the judicial district where the facility islocated for a civil penalty of: (A) Not more than $25,000 per day for eachday the violation continues, for the first violation; and (B) not more than$75,000 per day for each day the violation continues, for the second or asubsequent violation.
(c) For a violation of the requirements of section 312 or 313 of the federalact, as adopted by K.S.A. 65-5707, and amendments thereto, or fordenial of the accesses provided for in K.S.A. 65-5711, and amendmentsthereto:
(1) The secretary of health and environment, the adjutant general or theattorney general, upon notice and opportunity for hearing, may assess a civilpenalty of not more than $25,000 per violation.
(2) The secretary of health and environment, the adjutant general or theattorney general may bring an action against a facility owner or operatorin the district court of the judicial district where the facility islocated for a civil penalty of not more than $25,000 per day for each daythe violation continues.
(d) For a violation of section 311 or 323(b) of the federal act, asadopted by K.S.A. 65-5707, and amendments thereto:
(1) The secretary of health and environment, the adjutant general or theattorney general, upon notice and opportunity for hearing, may assess acivil penalty of not more than $10,000 per violation.
(2) The secretary of health and environment, the adjutant general or theattorney general may bring an action against a facility owner or operatorin the district court of the judicial district where the facility islocated for a civil penalty of not more than $10,000 per day for each daythe violation continues.
(e) The secretary of health and environment may impose a late fee at therate of 10% per annum on any outstanding fee (including late fee) owed thedepartment under K.S.A. 65-5704, and amendments thereto, or rulesandregulations promulgated thereunder. The late fee shall be imposed on the firstof each month following the date a fee was due. Payment made prior to the nextsucceeding month shall satisfy the requirements of this section.
(f) Any health care professional entitled to information pursuant to section323 of the federal act, as adopted by K.S.A. 65-5707, and amendmentsthereto, may bring an action in the district court to require a facility owneror operator to provide such information.
(g) Except as provided by subsection (h), any civil penalty recoveredpursuant to this section shall be remitted to the state treasurerinaccordance with the provisions of K.S.A. 75-4215, and amendments thereto. Uponreceipt of each such remittance, the state treasurershalldeposit the entire amount in the state treasury to thecredit of thestate general fund.
(h) At the request of the secretary of health and environment, theadjutant general or the attorney general, a county or district attorney maybring an action for a civil penalty as provided by this section, in whichcase 1/2 of any penalty recovered in such action shall be paid to thecounty treasurer for deposit in the county treasury and credit to thecounty general fund. The remainder shall be remitted to the state treasurerfor disposition as provided by subsection (g).
History: L. 1987, ch. 231, § 8; L. 1991, ch. 202, § 4;L. 2001, ch. 5, § 264; July 1.
Article 57.--EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW
65-5708.Orders to comply with certain requirements; enforcement;civil penalties; action by health care professional to obtain information;disposition of moneys from civil penalties.(a) The secretary of health and environment, the adjutant general or theattorney general may order a facility owner or operator to comply with therequirements of section 302(c) or 303(d) of the federal act, as adopted byK.S.A. 65-5707, and amendments thereto. The secretary of health andenvironment, the adjutant general or attorney general may bring an action toenforce the order in the district court of the judicial district where thefacility is located by a civil penalty of not more than $25,000 for each daythe violation or failure to comply continues.
(b) For a violation of the requirements of section 304 of the federalact, as adopted by K.S.A. 65-5707, and amendments thereto:
(1) The secretary of health and environment, the adjutant general or theattorney general, upon notice and opportunity for hearing, may assess acivil penalty of not more than $25,000 per violation.
(2) The secretary of health and environment, the adjutant general or theattorney general may bring an action against a facility owner or operatorin the district court of the judicial district where the facility islocated for a civil penalty of: (A) Not more than $25,000 per day for eachday the violation continues, for the first violation; and (B) not more than$75,000 per day for each day the violation continues, for the second or asubsequent violation.
(c) For a violation of the requirements of section 312 or 313 of the federalact, as adopted by K.S.A. 65-5707, and amendments thereto, or fordenial of the accesses provided for in K.S.A. 65-5711, and amendmentsthereto:
(1) The secretary of health and environment, the adjutant general or theattorney general, upon notice and opportunity for hearing, may assess a civilpenalty of not more than $25,000 per violation.
(2) The secretary of health and environment, the adjutant general or theattorney general may bring an action against a facility owner or operatorin the district court of the judicial district where the facility islocated for a civil penalty of not more than $25,000 per day for each daythe violation continues.
(d) For a violation of section 311 or 323(b) of the federal act, asadopted by K.S.A. 65-5707, and amendments thereto:
(1) The secretary of health and environment, the adjutant general or theattorney general, upon notice and opportunity for hearing, may assess acivil penalty of not more than $10,000 per violation.
(2) The secretary of health and environment, the adjutant general or theattorney general may bring an action against a facility owner or operatorin the district court of the judicial district where the facility islocated for a civil penalty of not more than $10,000 per day for each daythe violation continues.
(e) The secretary of health and environment may impose a late fee at therate of 10% per annum on any outstanding fee (including late fee) owed thedepartment under K.S.A. 65-5704, and amendments thereto, or rulesandregulations promulgated thereunder. The late fee shall be imposed on the firstof each month following the date a fee was due. Payment made prior to the nextsucceeding month shall satisfy the requirements of this section.
(f) Any health care professional entitled to information pursuant to section323 of the federal act, as adopted by K.S.A. 65-5707, and amendmentsthereto, may bring an action in the district court to require a facility owneror operator to provide such information.
(g) Except as provided by subsection (h), any civil penalty recoveredpursuant to this section shall be remitted to the state treasurerinaccordance with the provisions of K.S.A. 75-4215, and amendments thereto. Uponreceipt of each such remittance, the state treasurershalldeposit the entire amount in the state treasury to thecredit of thestate general fund.
(h) At the request of the secretary of health and environment, theadjutant general or the attorney general, a county or district attorney maybring an action for a civil penalty as provided by this section, in whichcase 1/2 of any penalty recovered in such action shall be paid to thecounty treasurer for deposit in the county treasury and credit to thecounty general fund. The remainder shall be remitted to the state treasurerfor disposition as provided by subsection (g).
History: L. 1987, ch. 231, § 8; L. 1991, ch. 202, § 4;L. 2001, ch. 5, § 264; July 1.
