65-34,109. Unlawful acts; penalties.
65-34,109
65-34,109. Unlawful acts; penalties.(a) It shall be unlawful for any owner or operator of a storage tank todeposit, store ordispense, or permit any person todeposit, store or dispense, any regulated substance into suchstorage tankwhich does not comply with the provisions of this act, the rules andregulations promulgated hereunder, or any order of the secretary.
(b) It shall be unlawful for any person to:
(1) Construct, install, modify or operate astorage tankwithout any requiredpermit or other written approval from the secretaryor otherwisebe in violation of the rules and regulations, standards or orders of thesecretary;
(2) prevent or hinder a properly identified officer oremployee of thedepartment or other authorized agent of the secretary from entering,inspecting or sampling at a facility on which a storage tank is located orfrom copying records concerning such storage tank as authorized by this act;
(3) knowingly make any false material statement orrepresentation in anyapplication, record, report, permit or other document filed, maintained orused for purposes of compliance with this act;
(4) knowingly destroy, alter or conceal any record requiredto bemaintained by this act or rules and regulations promulgated hereunder;
(5) knowingly allow a release, knowingly fail to report arelease or knowingly fail to take corrective action in response to a release ofa regulated substance in violation of this act or rules and regulationspromulgated hereunder; or
(6) deposit, store or dispense any regulated substance into any storage tankwhich does not comply with the provisions of this act, or the rules andregulations promulgated hereunder, after written notice by certified mail hasbeen supplied by the secretary that such storage tanks do not comply with theprovisions of the act or such rules and regulations.
(c) Any person who violates any provision of subsection (a)or (b) shall be guilty of a class A misdemeanor and, uponconviction thereof, shall be punished as provided by law.
History: L. 1989, ch. 186, § 10;L. 1992, ch. 311, § 7;L. 2003, ch. 12, § 1; July 1.