65-3424k. Abatement and enforcement actions by secretary. (a) The secretary may undertake appropriate abatement action and may enter into contracts for the abatement of illegal waste tires accumulations or illegally managed waste tires utilizing funds from the waste tire management fund.
(b) Any authorized representative of the secretary may enter, at reasonable times and upon written notice, onto any property or premises where an accumulation of waste tires is located to conduct: (1) An inspection and site assessment to determine whether the accumulation creates a nuisance or risk to public health and safety or to the environment; or (2) interim measures to minimize risk to public health and safety or to the environment.
(c) Whenever the secretary has reason to believe that an accumulation of waste tires creates a nuisance or risk to public health and safety or to the environment or is in violation of rules and regulations adopted by the secretary or conditions of a permit issued by the secretary, the secretary may require the person or persons responsible for the accumulation to carry out abatement activities. Such abatement activities shall be performed in accordance with a plan approved by the secretary. The secretary shall give notice, by letter, to the property owner and responsible parties that the waste tires constitute a nuisance or risk to public health or the environment, and that the waste tire accumulation must be abated within a specified period. The secretary may undertake abatement action utilizing funds from the waste tire management fund if the responsible parties fail to take the required action within the time period specified in the notice.
(d) The department and its representatives are authorized to enter private property to perform abatement activities if the responsible party fails to perform required clean-up work, but no entry shall be made without the property owner's consent except upon notice and hearing in accordance with the Kansas administrative procedure act.
(e) All costs incurred by the secretary in the abatement of illegal waste tires accumulations or illegally managed waste tires or in performing interim measures, including administrative and legal expenses, are recoverable from a responsible party or parties and may be recovered in a civil action in district court brought by the secretary. Any abatement costs recovered under 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 waste tire management fund. An action to recover abatement or interim measures costs may be commenced at any stage of an abatement.
(f) In performing or entering contracts for abatement actions under this section, the secretary shall give preference to actions that recycle waste tires or burn waste tires for energy recovery. Direct abatement expenditures may include landfilling when waste tires are contaminated or when feasible in-state markets cannot be identified.
(g) Permits granted by the secretary pursuant to K.S.A. 65-3424b, and amendments thereto, shall not be transferable and may be revoked or suspended whenever the secretary determines that the permit holder is operating in violation of this act or rules and regulations adopted pursuant to the act; is creating or threatens to create a hazard to persons, property or the environment; or is creating or threatens to create a public nuisance. The secretary may also revoke, suspend or refuse to issue a permit when the secretary determines that past or continuing violations of the provisions of K.S.A. 65-3409, and amendments thereto, have been committed by the applicant or permit holder.
(h) Neither the state of Kansas nor the waste tire management fund shall be liable to any owner, operator or responsible party for the loss of business, damages or taking of property associated with any abatement or enforcement action taken pursuant to this section.
(i) The secretary shall enter into contracts with one or more associations of tire retailers to: (1) Assist in disseminating information to all tire retailers on the requirements of solid waste laws and rules and regulations relating to waste tires; (2) establish a point of contact for persons requesting information on solid waste laws and rules and regulations relating to waste tires; (3) assist in planning and implementing conferences, workshops, and other requested training events for persons involved in the generation, transportation, processing, or disposal of waste tires; and (4) assemble and analyze data on waste tire management by tire retailers in Kansas.
History: L. 1994, ch. 283, § 8; L. 1996, ch. 173, § 9; L. 2001, ch. 126, § 6; L. 2001, ch. 167, § 5; L. 2003, ch. 130, § 20; July 1.
Structure Kansas Statutes
Article 34 - Solid And Hazardous Waste
65-3407a Special land use permit for operation of solid waste disposal area void, when.
65-3407b Application of subsection (i)(2) of 65-3407 and 65-3407a.
65-3407c Exemptions from permit requirement; rules and regulations; reports.
65-3408 Compliance with act by state institutions and agencies; permits; contracts.
65-3409 Unlawful acts; penalties.
65-3410a Cities; counties; solid waste plan restrictions.
65-3410b Solid waste report; secretary of health and environment; certain legislative committees.
65-3411 Orders to prevent pollution or hazard.
65-3412 Hearings in accordance with Kansas administrative procedure act; judicial review.
65-3413 Designation of local agency to act as agent of secretary.
65-3414 Enforcement by county or district attorney.
65-3415a Solid waste management fund.
65-3415b Solid waste tonnage fees.
65-3415e Fees on disposal at private disposal areas.
65-3417 Solid waste plans and programs; considerations; judicial review of secretary's actions.
65-3419 Violations of act; penalties; procedure; injunctions.
65-3421 Resource recovery facilities provided by cities or counties; contracts.
65-3424a Restrictions on disposal.
65-3424b Permits and standards.
65-3424d Tax on new tire sales.
65-3424e Same; failure to pay tax; penalties.
65-3424g Waste tire management fund.
65-3424h Same; rules and regulations.
65-3424i Tire retailers; requirements.
65-3424k Abatement and enforcement actions by secretary.
65-3424l Vehicle tire disposal; hearings and review of orders and decisions of secretary.
65-3425 Plastic bottles and containers; labeling requirements; violations; penalties.
65-3426 Solid waste grants advisory committee.
65-3427 Limitation on number of employees for solid waste management.
65-3428 Plastic bulk merchandise container sales; definitions; requirements.
65-3430 Hazardous wastes; definitions.
65-3431 Duties and functions of secretary; standards; permits; fees.
65-3433 Permit, construction or modification of facility; duties of secretary.
65-3435 Same; conditions precedent to approval of application.
65-3437 Same; application for permits, contents; duties of secretary.
65-3438 Same; secretary's decision on permit application; time period, extensions.
65-3439 Same; terms and conditions; revocation or suspension; appeals.
65-3440 Permit, revocation or suspension, hearing; judicial review.
65-3441 Unlawful acts; penalties.
65-3442 Same; vesting of title to hazardous waste; liability for cleanup costs.
65-3443 Prevention or removal of hazard or pollution.
65-3444 Violations of act; penalties.
65-3445 Protection from hazards; orders and injunctions; judicial review.
65-3446 Administrative penalties; procedure; hearing; judicial review.
65-3447 Administrative penalties; trade secrets; duties of secretary; disclosure of information.
65-3450 Same; intervention of interested parties in civil actions.
65-3451 Same; time schedule for regulation of generators by secretary.
65-3452a Definition of hazardous substances.
65-3453 Authority of secretary concerning clean-up activities.
65-3454a Environmental response fund created; receipts and expenditures; subaccounts.
65-3455 Responsibility for payment of clean-up costs; actions to recover costs.
65-3456a Review of secretary's actions or decisions.
65-3457a Existing law regarding oil and gas pollution not affected.
65-3458 Burial prohibited; exceptions; procedure.
65-3491 Hazardous waste management fund.
65-34,100 Kansas storage tank act; statement of legislative findings.
65-34,101 Same; citation of act.
65-34,103 Exceptions to application of act.
65-34,104 Same; notification to department of tank's existence; form.
65-34,105 Rules and regulations.
65-34,106 Permit to construct, install, modify or operate storage tank.
65-34,107 Same; evidence of financial responsibility required; limitation of liability.
65-34,109 Unlawful acts; penalties.
65-34,111 Same; denial, suspension or revocation of license, when.
65-34,113 Civil penalties and remedies for violations.
65-34,114 Underground petroleum storage tank release trust fund.
65-34,115 Liability for costs of corrective action.
65-34,117 Environmental assurance fee; disposition of proceeds.
65-34,119 Reimbursement from aboveground and underground funds for corrective actions; conditions.
65-34,119a Retroactive reimbursement from underground fund.
65-34,120 Liability of state and its officers and employees limited; fund liability limits.
65-34,121 Annual report to governor and legislature.
65-34,122 Same; appeals from orders or decisions of secretary, procedure.
65-34,123 Abolishment of the underground fund and the aboveground fund.
65-34,124 Same; effective date of K.S.A. 65-34,114 through 65-34,123.
65-34,126 Third party liability insurance plan.
65-34,128 Storage tank fee fund.
65-34,129 Aboveground petroleum storage tank release trust fund.
65-34,130 Retroactive reimbursement from aboveground fund.
65-34,131 UST redevelopment fund; expenditures.
65-34,132 UST redevelopment fund; reimbursement.
65-34,133 UST redevelopment fund compensation advisory board.
65-34,134 Abolishment of UST redevelopment fund and compensation advisory board.
65-34,135 Underground storage tank operators, training program; requirements.
65-34,137 Non-fuel flammable or combustible liquid aboveground storage tank system fund.
65-34,138 Underground storage tank systems; secondary containment.
65-34,139 Underground storage tank systems; reimbursement for replacement.
65-34,141 Kansas drycleaner environmental response act; citation of act.
65-34,143 Rules and regulations.
65-34,144 Unlawful acts; penalties.
65-34,145 Registration; fee; posting.
65-34,146 Trust fund; establishment; credits; expenditures.
65-34,147 Same; criteria for expenditures.
65-34,149 Liability limitations.
65-34,150 Environmental surcharge, gross receipts tax; disposition of proceeds.
65-34,151 Fee on purchase or acquisition of drycleaning solvent; disposition of proceeds.
65-34,152 Imposition of taxes and fees dependent on fund balance.
65-34,153 Review of secretary's orders and decisions.
65-34,154 Annual report to legislature.
65-34,161 Title and application.
65-34,163 Rules and regulations.
65-34,164 Voluntary application; application of other laws; eligible property.
65-34,166 Remedial action; determination whether required; plan.
65-34,167 Same; alternatives; factors considered.
65-34,169 Determination no further action required; issuance; void, when.
65-34,171 Application of other laws; EPA involvement.
65-34,172 Plan; enforcement; use of information as basis of other enforcement actions.
65-34,175 Environmental stewardship fund; expenditures.
65-34,176 Risk management program act; risk management fund, expenditures; rules and regulations.
65-34,177 Contaminated property redevelopment act; citation of act.
65-34,180 Same; requirements by the department.
65-34,182 Same; modification of CELR.
65-34,183 Same; department remedies for providing fraudulent information.
65-34,184 Same; contaminated property redevelopment fund.