65-3445. Protection from hazards; orders and injunctions; judicial review.
65-3445
65-3445. Protection from hazards;orders and injunctions; judicial review.(a) Notwithstanding any other provision of this act, uponreceipt of information that the storage, transportation, treatment or disposalof any hazardous waste may present a substantial hazard to the health ofpersons or to the environment or for a threatened or actual violation ofthis act or any rules or regulations adopted pursuant thereto orany orders issued pursuant thereto or any permit conditions requiredthereby, the secretary may take such action as maybe necessary to protect the health of persons or the environment. The actionthe secretary may take shall include, but not be limited to:
(1) Issuing an order directing the owner, generator, transporter oroperator of thehazardous wastefacility or site, or the custodian of the waste, which constitutes the hazard,to take such steps as are necessary to prevent the act or eliminate thepractice which constitutes the hazard. The action may include, with respectto a facility or site, permanent or temporary cessation of operation.
(2) Commencing an action to enjoin acts or practices specified in subsection(a)(1) or requesting that the attorney general or appropriatedistrict or county attorney commence an action to enjoin those acts orpractices.Upon a showing by the secretary that a person has engaged in those actsor practices, a permanent or temporary injunction, restraining order orother order may be granted by any court of competent jurisdiction. An actionfor injunction under this subsection (a)(2)shall have precedenceover other cases in respect to order of trial.
(3) Applying to the district court in the county in which an order ofthe secretary under subsection (a)(1) will take effect,in whole or in part, for an order of that court directing compliance withthe order of the secretary. Failure to obey the court order shall be punishableas contempt of the court issuing the order. The application under thissubsection (a)(3) for a court order shall have precedence over othercases in respect to order of trial.
(b) In any civil action brought pursuant to this section in which a temporaryrestraining order, preliminary injunction or permanent injunction is sought,it shall not be necessary to allege or prove at any stage of the proceedingthat irreparable damage will occur should the temporary restraining order,preliminary injunction or permanent injunction not be issued or that theremedy at law is inadequate, and the temporary restraining order, preliminaryinjunction or permanent injunction shall issue without such allegationsand without such proof.
(c) Any order of the secretary pursuant to subsection(a)(1) is subject tohearing and review in accordance with K.S.A. 65-3440 and amendments thereto.
History: L. 1981, ch. 251, § 17; L. 1984, ch. 240, § 13;L. 1986, ch. 318, § 104;L. 1988, ch. 356, § 208;L. 2000, ch. 103, § 11; July 1.