65-171u. Liability for damages to environment; recovery by attorney general, when; disposition of damages recovered.
65-171u
65-171u. Liability for damages to environment; recovery byattorney general, when; disposition of damages recovered.As used in this act, "person" means any individual, company,corporation, institution, municipality, township, county, federal agencyor legally constituted sewer district. Any person who violates any ofthe provisions of K.S.A. 65-161 to 65-171, inclusive, or anyduty imposed therein or who violates an order or other determination ofthe secretary of health and environment or authorized representatives ofsuch secretary made pursuant to the provisions of such sections,including the stipulations of conditions of a permit to dischargesewage, and, in the course thereof, causes the death of, or injury to,fish, animals, vegetation or other resources of the state whethernatural or structural, or otherwise causes a reduction in the quality ofthe waters of the state below the standards set by the secretary ofhealth and environment, thereby damaging the same, shall be liable topay the state damages in an amount equal to the sum of money necessaryto restock such waters, replenish or replace such resources andotherwise restore the stream, lake or other water source to itscondition prior to the injury, as such condition is determined by thedivision of environment of the department of health and environment.Such damages shall not include damages to private rights or persons ordamages to such person. If the person responsible for damage toresources fails to promptly submit payment for damages to resources ofthe state when notified in reasonable detail, then such damages shall berecoverable in an action brought by the attorney general on behalf ofthe people of the state of Kansas in the district court of the county inwhich such damages occurred. If damages occurred in more than one countythe attorney general may bring action in any of the counties where thedamages occurred. Any money so recovered by the attorney general shallbe transferred to the agency of the state having jurisdiction over theresource damaged and for which said moneys were recovered, asappropriate. The agency receiving such money shall utilize the same onactivities or projects to remedy the resources damaged. No action shallbe authorized under this section against any person operating incompliance with the conditions of a waste discharge permit issuedpursuant to K.S.A. 65-165.
History: L. 1979, ch. 269, § 1; July 1.