65-3453. Authority of secretary concerning clean-up activities.
65-3453
65-3453. Authority of secretary concerning clean-up activities.(a) The secretary shall have the power to: (1) Determine that theclean up of a site is necessary to protect the public health or the environment;
(2) expend and authorize the expenditureof moneys from theenvironmental response fund;
(3) issue clean-up orders to personsresponsible for the health or environmental hazard created by thehazardous substance;
(4) recover moneys from persons responsiblefor the health or environmental hazard created by the hazardous substance;
(5) assign personnel and equipment necessaryto carry out the purpose of this act;
(6) enter into contracts or agreements with any person or companyto conduct the necessary clean-up operations.
(b) Any authorized officer, employee or agent of the department or anyperson under contract with the department may enter onto any property orpremises, at reasonable times and upon written notice to the owner or occupant, togather data, conduct investigations, or take remedial action where thesecretary determines that such action is necessary to protect the publichealth or environment:
(1) If consent is not granted by the person in control of asite or suspected site regarding any request made by anyemployee or agent of the secretary under the provisions of this section,the secretary may issue an order directing compliance with the request. The order may be issued after such notice and opportunity for consultationas is reasonably appropriate under the circumstances;
(2) The secretary may ask the attorney general to commence a civilaction to compel compliance with a request or order referred toin paragraph (1). Where there is a reasonable basis to believe there may bepollution, the court shall take the following actions:
(A) In the case of interference with entry or investigation, the courtshall enjoin such interference or direct compliance with orders to prohibitinterference with entry or investigation unless under circumstances of thecase the demand for entry or investigation is arbitrary and capricious, anabuse of discretion, or otherwise not in accordance with law;
(B) In the case of information or document requests or orders, the courtshall enjoin interference with such information or document requests ororders or direct compliance with the requests or orders to provide suchinformation or documents unless under the circumstances of the case thedemand for information or documents is arbitrary and capricious, an abuseof discretion, or otherwise not in accordance with law;
(3) All orders issued hereunder shall be subject to the provisions ofK.S.A. 65-3456a and amendments thereto.
(c) The secretary is hereby authorized to adopt any rules andregulations necessary to carry out the provisions of this act.
History: L. 1984, ch. 219, § 2;L. 1988, ch. 256, § 3; July 1.