65-3424k. Abatement and enforcement actions by secretary.
65-3424k
65-3424k. Abatement and enforcement actions bysecretary.(a) The secretary may undertake appropriateabatement action and may enter into contracts for the abatement ofillegal waste tiresaccumulations or illegally managed waste tires utilizing funds from thewaste tire management fund.
(b) Any authorized representative of the secretary may enter, at reasonabletimes and upon written notice, onto any property or premises where anaccumulation of waste tires is located to conduct: (1) An inspection and siteassessment to determine whether the accumulation creates a nuisance or risk topublic health and safety or to the environment; or (2) interim measures tominimize risk to public health and safety or to the environment.
(c) Whenever the secretary has reason to believe that an accumulation ofwaste tires creates a nuisance or risk to public health and safety or to theenvironment or is in violation of rules and regulations adopted by thesecretary or conditions of a permit issued by the secretary, the secretary mayrequire the person or persons responsible for the accumulation to carry outabatement activities. Such abatement activities shall be performed inaccordance with a plan approved by the secretary. The secretary shall givenotice, by letter, to the property owner and responsible parties that thewaste 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 wastetire management fund if the responsible parties fail to take the requiredaction within the time period specified in the notice.
(d) The department and its representatives are authorized to enterprivate property to perform abatement activities if the responsible party failsto perform required clean-up work, but no entry shall be made without theproperty owner's consent except upon notice and hearing in accordance with theKansas administrative procedure act.
(e) All costs incurred by the secretary in theabatement of illegal waste tiresaccumulations or illegally managed waste tires or in performing interimmeasures, including administrative and legal expenses, are recoverable from aresponsible party or parties and may be recovered in a civil action in districtcourt brought by the secretary. Any abatement costsrecovered under this section shall be remittedto the state treasurer in accordance with the provisions of K.S.A. 75-4215, andamendments thereto. Upon receipt of each such remittance, the state treasurershall deposit the entire amount in the state treasury to the credit of thewaste tire management fund. An action to recover abatement or interim measurescosts may be commenced at any stage of an abatement.
(f) In performing or entering contracts for abatementactions under this section, the secretary shall give preference to actions thatrecycle waste tires or burn waste tires for energy recovery. Direct abatementexpenditures may include landfilling when waste tires are contaminated or whenfeasible 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 revokedor suspended whenever the secretary determines that the permit holder isoperating in violation of this act or rules and regulations adopted pursuant tothe act; is creating or threatens to create a hazard to persons, property orthe environment; or is creating or threatens to create a public nuisance. Thesecretary may also revoke, suspend or refuse to issue a permit when thesecretary determines that past or continuing violations of the provisions ofK.S.A. 65-3409, and amendments thereto, have been committed by the applicant orpermit holder.
(h) Neither the state of Kansas nor the waste tiremanagement fund shall be liable to any owner, operator or responsible party forthe loss of business, damages or taking of property associated with anyabatement or enforcement action taken pursuant to this section.
(i) The secretary shall enter into contracts with one ormore associations of tire retailers to: (1) Assist in disseminating informationto all tire retailers on the requirements of solid waste laws and rules andregulations relating to waste tires; (2) establish a point of contact forpersons requesting information on solid waste laws and rules and regulationsrelating to waste tires; (3) assist in planning and implementing conferences,workshops, and other requested training events for persons involved in thegeneration, 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.