55-1,122. Same; representatives of secretary; right of ingress and egress.
55-1,122
55-1,122. Same; representatives of secretary; rightof ingress and egress.(a) In performing investigations or administrative functionsrelating tosurface and subsurface water pollution, soil pollution and public health orsafety, the secretary or the secretary's duly authorized representatives mayenter any propertyor facility which is subject to the provisions of K.S.A. 55-1,117or 55-1,120, and amendments thereto, for the purpose of observing,monitoring,collectingsamples,examining records and facilities to determine compliance or noncompliance withstate laws andrules and regulations relating to water pollution, soil pollution or publichealth or safety.
(b) The representatives of the secretary shall have the right of ingress andegress uponany lands to cleanup pollution, over which the secretary has jurisdictionpursuant to K.S.A. 55-1,117 through 55-1,119,and amendmentsthereto, or to plug any well as authorized by K.S.A. 55-1,120, andamendmentsthereto. Suchrepresentatives shall have the power tooccupy such land ifnecessary to investigate and cleanup such pollution or to investigate and plugsuch well. Any representative entering uponany land toconduct such clean-up or well-plugging shall not be liable for any damagesnecessarilyresulting therefrom,except damages to growing crops, livestock or improvements on the land. Uponcompletion of activities on such land, such representative shall restore thepremises to the original contour and condition as nearly as practicable.
History: L. 2001, ch. 191, § 14; July 1.