65-170d.
Public water supply systems; pollution violations; penalties; procedure; hearings.
(a) Any person who violates: (1) Any term or condition of any sewage discharge permit issued pursuant to K.S.A. 65-165, and amendments thereto; (2) any effluent standard or limitation or any water quality standard or other rule or regulation promulgated pursuant to K.S.A. 65-171d, and amendments thereto; (3) any filing requirement made pursuant to K.S.A. 65-164 or 65-166, and amendments thereto; (4) any reporting, inspection or monitoring requirement made pursuant to this act or K.S.A. 65-166, and amendments thereto; or (5) any lawful order or requirement of the secretary of health and environment shall incur, in addition to any other penalty provided by law, a civil penalty in an amount of up to $10,000 for every such violation. In the case of a continuing violation, every day such violation continues shall, for the purpose of this act, be deemed a separate violation.
(b) The director of the division of environment, upon a finding that a person has violated any provision of subsection (a), may impose a penalty within the limits provided in this section, which penalty shall constitute an actual and substantial economic deterrent to the violation for which it is assessed.
(c) No such penalty shall be imposed except upon the written order of the director of the division of environment to such person stating the violation, the penalty to be imposed and the right of such person to appeal to the secretary of health and environment. Any such person may, within 15 days after service of the order make written request to the secretary of health and environment for a hearing thereon. The secretary of health and environment shall hear such person or persons in accordance with the provisions of the Kansas administrative procedure act within 30 days after receipt of such request.
(d) Any action of the secretary pursuant to this section is subject to review in accordance with the Kansas judicial review act.
History:
L. 1973, ch. 244, § 4; L. 1974, ch. 352, § 33; L. 1986, ch. 318, § 86; L. 1988, ch. 356, § 180; L. 2010, ch. 17, § 112; July 1.
Notes of Decisions
Hayes Sight & Sound, Inc. v. Oneok, Inc., 136 P.3d 428 (Kan. 2006).
“There is an unsigned and incomplete (missing page 2) consent order between KDHE and ONEOK in the record on appeal, with a signed and complete copy appended to appellees’ brief at Tab B, noting that K.S.A. 65-170d provides for fines up to $10,000 per day for violations of duly…”
Hill v. Kansas Dept. of Labor, 248 P.3d 1287 (Kan. 2011).
“16a-6-108(3)(b) (allowing, among other possible sanctions, "a civil penalty up to a maximum of $5,000 for each violation" of the uniform consumer credit code); K.S.A. 65-170d(a)(5) (allowing the director of the division of environment to impose "a civil penalty in an amount of…”
Taylor v. Dep't of Health & Env't, 634 P.2d 1075 (Kan. 1981).
· cites it 3× “*284 On March 31, 1976, the Department of Health and Environment issued an order assessing a civil penalty of $3,500 pursuant to K.S.A. 1975 Supp. 65-170d against Stanley Taylor, d/b/a Crop Clinic for improper application of pesticides which caused water pollution in violation…”
— K.S.A. § 65-170d(a)(2) — 1 case
Taylor v. Dep't of Health & Env't, 634 P.2d 1075 (Kan. 1981).
“*284 On March 31, 1976, the Department of Health and Environment issued an order assessing a civil penalty of $3,500 pursuant to K.S.A. 1975 Supp. 65-170d against Stanley Taylor, d/b/a Crop Clinic for improper application of pesticides which caused water pollution in violation…”
— K.S.A. § 65-170d(a)(5) — 1 case
Hill v. Kansas Dept. of Labor, 248 P.3d 1287 (Kan. 2011).
“16a-6-108(3)(b) (allowing, among other possible sanctions, "a civil penalty up to a maximum of $5,000 for each violation" of the uniform consumer credit code); K.S.A. 65-170d(a)(5) (allowing the director of the division of environment to impose "a civil penalty in an amount of…”
— K.S.A. § 65-170d(d) — 1 case
Taylor v. Dep't of Health & Env't, 634 P.2d 1075 (Kan. 1981).
“*284 On March 31, 1976, the Department of Health and Environment issued an order assessing a civil penalty of $3,500 pursuant to K.S.A. 1975 Supp. 65-170d against Stanley Taylor, d/b/a Crop Clinic for improper application of pesticides which caused water pollution in violation…”
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