65-3442. Same; vesting of title to hazardous waste; liability for cleanup costs.
65-3442
65-3442. Same; vesting of title to hazardous waste; liability for cleanup costs.(a) Title to hazardous waste transported, stored, treated or disposedof in accordancewith the provisions of this act and the rules and regulations and standardsadopted thereunder, shall vest with the owner of the hazardouswaste management facility in which the waste is located, unless specificcontractual arrangements are otherwise provided withthe generator or contractor. Hazardouswaste disposed of in ways other than in accordance with the provisions ofthis act remain the property of the generator and the generator is liablefor removal of the waste, restoration of the area in which the wastes weredisposed and the disposal of the waste in accordance with this act.
(b) A generator who transfers hazardous waste to a hazardouswaste transporter for transport to an approved hazardous waste facilityshall be relieved of liability for cleanup or disposal for such waste, exceptas otherwise provided in this act. This subsection shall not operate torelieve any contractual obligation owing to the operator of the approvedhazardous waste facility or to the transporter by the generator.
(c) If a generator utilizes or arranges for unapproved transportation,storage, disposal or treatment, thegenerator and any person aidingor abetting the generator shall be liable for all costs resulting from cleanup,disposal or treatment of the waste.
(d) The duties, responsibilities and liabilities of this section shallapply to both intrastate and interstate shipments of hazardous waste bya generator located in the state of Kansas.
History: L. 1981, ch. 251, § 14; L. 1984, ch. 240, § 10; July 1.