65-3018. Administrative fines. (a) The secretary or the director of the division of environment, upon a finding that a person has violated any provision of K.S.A. 65-3025 and amendments thereto, may impose a penalty not to exceed $10,000 which shall constitute an actual and substantial economic deterrent to the violation for which it 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 after notice of violation and opportunity for hearing upon the written order of the secretary or the director of the division of environment issued to the person who committed the violation. The order shall state the violation, the penalty to be imposed and the right to request a hearing thereon. The request for hearing shall be in writing, directed to the secretary and filed with the secretary within 15 days after service of the order. Hearings under this section shall be conducted in accordance with the Kansas administrative procedure act.
(c) Nothing in this act shall be construed to abridge, limit or otherwise impair the right of any person to damages or other relief on account of injury to persons or property and to maintain any action or other appropriate proceeding therefor.
History: L. 1967, ch. 347, § 18; L. 1970, ch. 261, § 18; L. 1974, ch. 352, § 150; L. 1993, ch. 13, § 14; Mar. 25.
Structure Kansas Statutes
Article 30 - Air Quality Control
65-3003 Responsibility of secretary; administration.
65-3005 Powers of the secretary.
65-3006 Same; publication and enforcement of regulations; employment of personnel; services.
65-3007 Air contaminant sources; classification; monitoring; reporting.
65-3008 Approvals and permits for emission stationary sources.
65-3008a Same; public comment and hearing; review.
65-3008b Same; suspension, revocation, denial, modification, issuance.
65-3010 Emission control requirements.
65-3011 Enforcement; procedure.
65-3012 Action to protect health or environment; judicial review procedures.
65-3015 Records and information open; trade secret exception.
65-3016 Local air quality conservation programs.
65-3017 Motor vehicle pollution.
65-3019 Application of act; limitations.
65-3021 Power generation facility; impact upon air quality; definitions.
65-3023 Same; fees; disposition of moneys; power generating facility fee fund created.
65-3027 Small business assistance program; compliance advisory panel.
65-3028 Rules and regulations continued in effect.
65-3029 Duties of secretary; approval of prevention of significant deterioration permit.