55-164. Administrative penalties; procedure; costs and attorney fees; disposition of moneys. (a) In addition to any other penalty provided by law, the commission, upon finding that an operator or contractor has violated the provisions of this act or any rule and regulation or order of the commission, may impose a penalty not to exceed $10,000, which shall constitute an actual and substantial economic deterrent to the violation for which the penalty is assessed. In the case of a continuing violation, every day such violation continues shall be deemed a separate violation.
(b) No penalty shall be imposed pursuant to this section except upon the written order of the commission to the person who committed the violation. The order shall state the violation, the penalty imposed and the right to appeal to the order issuing agency. Any such person, within 30 days after service of such order, may make written request to the commission for a hearing thereon. The commission shall conduct a hearing in accordance with the provisions of the Kansas administrative procedure act within 30 days after receipt of such request.
(c) Any person aggrieved by any order issued pursuant to this section may appeal therefrom in accordance with the provisions of the Kansas judicial review act.
(d) The commission may order an operator or contractor to pay any costs and reasonable attorney fees incurred by the commission in imposing and collecting any penalty pursuant to this section and may collect interest on any portion of such penalty, costs and attorney fees which remains unpaid more than 30 days after imposition, at the rate provided by K.S.A. 16-204, and amendments thereto, for interest on judgments.
(e) All moneys received from penalties imposed and costs and attorney fees assessed pursuant to this section shall be remitted to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the conservation fee fund.
History: L. 1982, ch. 228, § 25; L. 1986, ch. 201, § 16; L. 1988, ch. 356, § 164; L. 1995, ch. 95, § 2; L. 2000, ch. 14, § 1; L. 2001, ch. 5, § 191; L. 2010, ch. 17, § 97; July 1.
Structure Kansas Statutes
Article 1 - Oil And Gas Wells; Regulatory Provisions
55-101 Natural gas for residents of platted land outside city; laying and maintenance of pipes.
55-112 Transportation of gas; standards for.
55-114 Penalty for violation of 55-112.
55-153 Advisory committee on regulation of oil and gas activities.
55-154 Certification of compliance with statutes and rules and regulations.
55-156 Protection of water prior to abandoning of well; penalty for noncompliance.
55-158 Submission of bond logs and surveys; penalties.
55-159 Notification of commission prior to setting surface casing or plugging; inspections; penalty.
55-160 Notification of commission prior to reentering plugged well; inspections.
55-161 Investigation of abandoned wells; integrity tests; costs.
55-164 Administrative penalties; procedure; costs and attorney fees; disposition of moneys.
55-165 Maintenance of information on wells.
55-169 Kansas surface owner notice act; citation.
55-169b Same; authorization for rules and regulations.
55-171 Permit required for the storage or disposal of salt water, oil or refuse in surface ponds.
55-172 Salt water, oil or refuse from wells; prevention of escape.
55-173 Notice prior to abandonment and plugging of wells; notification of surface owner.
55-174 Penalty for failure to notify of intent to drill.
55-175 Appointment of agents by the commission.
55-176 Commission's costs assessed against operators and agents; disposition of moneys.
55-177 Removal of structures and abutments from lands after abandoning wells; exception.
55-178 Abandoned wells; complaint concerning pollution or water loss; commission investigation.
55-179 Same; responsibility for remedial actions; hearings; orders; plugging.
55-181 Administration and enforcement of rules, regulations and orders.
55-182 Agents of commission; right of ingress and egress; restoration of premises.
55-186 Spill notification requirements.
55-192 Abandoned oil and gas well fund established; well plugging assurance fund abolished.
55-193 Abandoned oil and gas well fund; certain transfers thereto.
55-1,102 Filing of rates and other information required; use of information; disclosure.
55-1,103 Limitations on manner of offering services and facilities.
55-1,104 Commission review of fees, terms, practices; complaint; procedure.
55-1,105 Rules and regulations.
55-1,106 Exemptions from rate averaging or pricing systems.
55-1,107 Issuance of more than one certificate of convenience and necessity; exit fees prohibited.
55-1,108 Contractual obligations, when amended.
55-1,109 Notice of lack of capacity to serve required.
55-1,111 Commission review of exit tap on gathering system, access, service, abandonment; procedure.
55-1,117 Same; department of health and environment regulation of other underground storage.
55-1,117a Same; department of health and environment regulation of underground crude oil storage.
55-1,119 Same; penalties for violations of rules and regulations.
55-1,120 Same; salt solution mining wells; abandonment, legal responsibility for.
55-1,122 Same; representatives of secretary; right of ingress and egress.