65-3444. Violations of act; penalties.
65-3444
65-3444. Violations of act; penalties.(a) A person who violates any provisions of this act, shall incur, in additionto any other penalty provided by law, a civil penalty in an amount not toexceed$25,000 for every such violation and, in the case of a continuing violation,every day such violation continues shall be deemed a separate violation.
(b) In assessing the civil penalty under this section, the district courtshall consider, when applicable, the following factors:
(1) The extent to which the violation presents a substantial hazard tothe health of individuals;
(2) the extent to which the violation has or may have an adverse effectupon the environment to be determined by the court according to the toxicity,degradability and dispersal characteristics of thehazardous waste disposed ofor the potential for such damage if no hazardous wastehas been disposed, thesensitivity of the receiving environment and the degree to which the disposaldegrades existing environmental quality or the potential for such degradationif no disposal has occurred;
(3) the amount of the reasonable costs incurred by the state in detection,investigation and attempted correction of the violation;
(4) the economic savings realized by the person in not complying withthe provision for which a violation is charged including, but not limitedto, that sum which a person would be required to expend for the planning,acquisition, siting, construction, installation and operation of facilitiesnecessary to comply with the provision violated;
(5) the quantity of the hazardous wastedisposed of, if any, ina manner which constitutes a violation; and
(6) the amount which would constitute an actual and substantial economicdeterrent to the violation for which it is assessed.
(c) A civil action under this section may be commencedin the name ofthe state by the secretary or the county or district attorney ofthe county in which the violation is alleged to have occurred, or at therequestof the secretary, by the attorney general.
(d) Any sum assessed under this section shall be deposited as orderedby the district court judge: (1) In the state general fund;(2) in thehazardous waste management fund created by K.S.A. 65-3491and amendments thereto; or(3) part in the state general fund and the balance in the hazardous wastemanagement fund. Moneys deposited in the hazardous waste managementfund under thissubsection (d) shall be to reimburse such fund, to the extent practicableas determined by the district court judge, for expenditures from such fund,if any, in the matter which gave rise to the civil action.
History: L. 1981, ch. 251, § 16; L. 1981, ch. 239, § 1; L. 1984,ch. 240, § 12;L. 1999, ch. 44, § 2; July 1.