643.600. Compact entered into.
Compact entered into.
643.600. The Kansas-Missouri Air Quality Compact is hereby entered intoand enacted into law with the state of Kansas, in the form substantially asfollows:
KANSAS-MISSOURI AIR QUALITY
COMPACT
ARTICLE I. SHORT TITLE
1.1. This act shall be known and may be cited as the Kansas-Missouri AirQuality Compact.
ARTICLE II. DEFINITIONS
2.1. "Signatory state" shall mean a state party to this compact.
2.2. "Air pollution" shall mean the presence in the ambient air of oneor more air contaminants in quantities, of characteristics and of a durationwhich directly and proximately cause or contribute to injury to human, animalor plant life or health or to property or which unreasonably interfere withthe enjoyment of life or use of property.
2.3. "Air contaminant" shall mean any particulate matter or any gas orvapor or any combination thereof.
2.4. "Air contaminant source" shall mean any and all sources of emissionof air contaminants whether privately or publicly owned or operated.
2.5. "Person" shall mean any individual, partnership, copartnership,firm, company, public or private corporation, association, joint stockcompany, trust, estate, political subdivision, or any governmental agency,board, department or bureau, or any other legal entity whatever which isrecognized by law as the subject of rights and duties.
ARTICLE III. PURPOSES
3.1. Ambient air is not confined by the common boundary between Kansasand Missouri and is affected with a local, state and regional interest. Theplanning, conservation, and control of the quality of ambient air are publicpurposes of the respective signatory states.
The air resources of the area subject to the jurisdiction of thecommission are common to Kansas and Missouri, and the uses of these resourcesare interdependent. A single agency is therefore essential for effective andeconomical direction, supervision and coordination of efforts and programs offederal, state and local governments and of private enterprise.
The signatory states recognize that the discharge into the ambient air ofair contaminants so as to cause or contribute to air pollution is contrary topublic policy; that air contaminants originating in one state may contributeto the degradation of air quality in the other; and that such degradation maypresent a hazard to the health, welfare and enjoyment of life and property ofthe people of both states. It is the purpose of the signatory states, byachieving uniform application of air pollution control regulations, tomaintain purity of the common air resources, to protect the health, generalwelfare and physical property of the people, and to foster maximum employmentand full industrial development of the state. Each state, and the commissionhereinafter created, shall seek the accomplishment of these objectives throughthe prevention, abatement and control of air pollution by all practical andeconomically feasible methods.
ARTICLE IV. COMMISSION
4.1. Commission created. There is hereby created the Kansas-MissouriAir Quality Commission, herein called "the commission", with the powers andduties set forth herein, and such additional powers as may be conferred uponit by subsequent action of the respective legislatures of the signatorystates. The commission shall be a body corporate, with succession for theduration of this compact, as an agency and instrumentality of the governmentsof the respective signatory states. The commission shall have jurisdictionhereunder with respect to air contaminant sources located in the districtcomprising the following counties of Missouri and Kansas: Cass, Clay, Jacksonand Platte of Missouri; and Johnson, Leavenworth and Wyandotte of Kansas. Thecommission shall have the power to cooperate with federal, state and localagencies with respect to air pollution control matters which affect the airquality standards within the jurisdiction of the commission.
4.2. Membership. The commission shall consist of eleven members, onecommissioner representing the appropriate federal agency having jurisdictionof air pollution matters, five commissioners from Kansas and five fromMissouri, each of whom shall be a resident of such state, and at least threecommissioners from each state shall be residents of the region subject to thejurisdiction of the commission hereunder. The commissioners from each stateshall be qualified, chosen and appointed by each state in the manner and forthe terms as provided by the laws of the respective states. Vacancies on thecommission shall be filled for the unexpired term in the same manner asappointments to full terms.
4.3. Voting. Each commissioner representing a signatory state shall beentitled to a vote, but the commissioner representing the federal governmentshall vote only as hereinafter provided. All final actions of the commissionshall be taken at meetings at which a majority of the members of thecommission are present in person. All final actions of the commission shallrequire a favorable majority vote of the commissioners present. If anunresolved tie vote shall result on any matter properly before the commission,then the commissioner representing the federal government may cast thedeciding vote on such matter if present at the meeting, and such vote, ifcast, shall decide the matter.
4.4. Compensation. Members of the commission representing the signatorystates may receive a per diem allowance as determined and paid by thelegislatures of the respective signatory states. Members of the commissionshall be reimbursed by the commission for necessary and actual expensesincurred in and incident to the performance of their duties.
4.5. Capacity. The commission shall have all corporate powers essentialto the declared objects and purposes of the commission, and it may sue and besued, enter into contracts and shall have a seal. The commission shalldesignate a resident agent in each signatory state to accept any service ofprocess made upon the commission, and the names of such agents shall be filedwith the secretary of state of each signatory state. The commission mayretain counsel to represent it in any action at law brought by or against thecommission.
4.6. Officers. The commission shall elect annually, from among itsmembers, a chairman and vice chairman. The commission shall appoint anexecutive director who shall serve at the pleasure of the commission, whoshall act as secretary, and who, together with such other commission personnelas the commission may determine, shall be bonded in such amount or amounts asthe commission may require.
4.7. Personnel. Irrespective of the civil service, personnel or othermerit systems laws of any of the signatory states, the commission shall fixthe compensation of such personnel as may be necessary for the performance ofthe commission's functions. The executive director shall appoint, remove, anddischarge the other officers and employees under such rules and regulations asthe commission may prescribe.
4.8. Retirement. The commission may establish and maintain,independently or in conjunction with any one or more of the signatory states,a suitable retirement system for its employees. Employees of the commissionshall be eligible for Social Security coverage in respect to old age andsurvivors insurance, provided that the commission takes such steps as may benecessary pursuant to federal law to participate in such program of insuranceas a governmental agency or unit. The commission may establish and maintainor participate in such additional programs of employee benefits as may beappropriate.
4.9. Assistance. The commission may borrow, accept, or contract for theservices of personnel and other services or materials from any state, theUnited States or any subdivision or agency of either, from any interstateagency, or from any institution, person, firm or corporation.
4.10. Donations. The commission may accept for any of its purposes andfunctions under this compact any and all donations, and grants of money,equipment, supplies, materials, and services conditional or otherwise, fromthe United States, or any agency thereof, from any state or any subdivision oragency thereof, or interstate agency, or from any institution, person, firm orcorporation, and may receive, utilize and dispose of the same. The identityof any donor, the amount and character of any assistance, and the conditions,if any, attached thereto shall be set forth in the annual report of thecommission.
4.11. Facilities. The commission may establish and maintain suchfacilities as may be necessary for the transacting of its business. Thecommission may acquire, hold, insure, and convey real and personal propertyand any interest therein.
4.12. Bylaws. The commission shall adopt, amend, and rescind bylaws andprocedural rules for the conduct of its business.
4.13. Reports. The commission annually shall make to the chiefexecutive, officials and legislative bodies of the signatory states, and tothe public, a report on its programs, operations and finances. The commissionmay issue such additional public reports as it may deem desirable.
4.14. Information. The commission shall have the authority to collectand disseminate information.
4.15. Public records. All actions of the commission shall be taken atpublic meetings, at which the vote of each commissioner is recorded, andminutes of the commission shall be a public report open to inspection at itsoffices during regular hours except those portions of any hearing or minuteswhich concern confidential information as provided for under Article VIII ofthis compact.
ARTICLE V. POWERS AND DUTIES OF COMMISSION
5.1. General powers. Except as otherwise specifically provided in thiscompact, the commission shall have power to
(a) Adopt, amend and repeal rules and regulations implementing andconsistent with this compact.
(b) Hold hearings relating to any aspect of or matter in theadministration of this compact, and in connection therewith, compel theattendance of witnesses and the production of evidence.
(c) Issue such orders as may be necessary to effectuate the purposes ofthis compact and enforce the same by all appropriate administrative andjudicial proceedings.
(d) Require access to records relating to emissions which cause orcontribute to air pollution.
(e) Secure necessary scientific, technical, administrative andoperational services, including laboratory facilities, by contract orotherwise.
(f) Prepare and develop a comprehensive plan or plans for theprevention, abatement and control of air pollution.
(g) Encourage voluntary cooperation by persons and affected groups toachieve the purposes of this compact.
(h) Encourage state and local units of government to handle airpollution problems on a cooperative basis, and provide technical andconsultative assistance therefor.
(i) Encourage and conduct studies, investigations and research relatingto air contamination and air pollution and their causes, effects, prevention,abatement and control.
(j) Determine by means of field studies and sampling the degree of aircontamination and air pollution in any place.
(k) Make a continuing study of the effects of the emission of aircontaminants from motor vehicles on the quality of the outdoor atmosphere andmake recommendations to appropriate public and private bodies with respectthereto.
(l) After hearing, establish ambient air quality standards for theentire area subject to the commission's jurisdiction or for any part thereof.
(m) Collect and disseminate information and conduct educational andtraining programs relating to air contamination and air pollution.
(n) Advise, consult, contract and cooperate with other agencies of thestate, local governments, industries, other states, interstate or interlocalagencies, and the federal government, and with interested persons or groups.
(o) Consult, upon request, with any person proposing to construct,install, or otherwise acquire an air contaminant source or device or systemfor the control thereof, concerning the efficacy of such device or system, orthe air pollution problem which may be related to the source, device orsystem. Nothing in any such consultation shall be construed to relieve anyperson from compliance with this compact, rules or regulations in forcepursuant thereto, or any other provision of law.
5.2. Classification and reporting. The commission may, by rule orregulation, classify air contaminant sources which may cause or contribute toair pollution, according to levels and types of emissions and othercharacteristics which relate to air pollution, and require reporting for anysuch class or classes. Classifications made pursuant to this subsection maybe for application to the entire area subject to the commission'sjurisdiction, or to any designated portion thereof, and may be made withspecial reference to effects on health, economic and land use factors, andphysical effects of property; provided, that all such classification shall bemade in accordance with the purposes of this compact, as set forth in ArticleIII hereof. Any person operating or responsible for the operation of an aircontaminant source of any class for which the rules and regulations of thecommission require reporting shall make reports containing information as maybe required concerning location, size and height of contaminant outlets,processes employed, fuels used and the nature and time periods or duration ofemissions, and such other information as is relevant to air pollution andavailable or reasonably capable of being assembled.
5.3. New installations.
(a) The commission may require that notice be given to it prior to theundertaking of the construction, installation or establishment of particulartypes or classes of new air contaminant sources specified in its rules andregulations.
(b) The commission may require the submission of plans, specificationsand such other information as it deems necessary in order to determine thecumulative effect of such air contaminant source on the air quality standardswithin the area of its jurisdiction.
(c) For the purposes of this compact, addition to or enlargement orreplacement of an air contaminant source, or any major alteration therein,shall be construed as construction, installation or establishment of a new aircontaminant source.
(d) The absence or failure to issue a rule, regulation or order pursuantto this section shall not relieve any person from compliance with any emissionstandards or with any other provision of law.
5.4. Inspections. Any duly authorized officer, employee, orrepresentative of the commission may enter and inspect any property, premiseor place on or at which an air contaminant source is located at any reasonabletime for the purpose of ascertaining the state of compliance with this compactand rules and regulations in force pursuant thereto. A suitably restrictedsearch warrant, upon a showing of probable cause in writing and upon oath, maybe issued by a court specified in section 6.6(a) of this compact to any suchofficer, employee, or representative for the purpose of enabling him to makesuch inspections. No person shall refuse entry or access to any authorizedrepresentative of the commission who requests entry for purposes ofinspection, and who presents appropriate credentials; nor shall any personobstruct, hamper or interfere with any such inspection. If requested, theowner or operator of the premises shall receive a report setting forth allfacts found which relate to compliance status.
5.5. Emission standards.
(a) After hearing in accordance with section 6.3 of this compact, thecommission may, by rule or regulation, establish emission standards for anyarea within the commission's jurisdiction, consistent with the purposes ofthis compact as provided in Article III hereof. Such emission standards maybe for the entire area subject to the commission's jurisdiction, or may varyfrom area to area dependent upon land use and other varying local conditions,as may be appropriate to facilitate accomplishment of the purposes of thiscompact.
(b) Nothing in this compact shall be construed to authorize thecommission to require by rule, regulation or otherwise the kind or compositionof materials or fuels, the type, manufacturer or nature of control devices orother equipment or processes to be used or employed by the owner or operatorof any new or existing air contaminant source. Nothing in this compact shallbe construed as limiting the power of the commission to establish generalvariances from required emission standards, as provided in subsection (f) ofsection 5.7 of this compact.
5.6. Enforcement.
(a) Whenever the executive director has reason to believe that aviolation of any provision of this compact, or rule or regulation adoptedpursuant thereto, has occurred, he may cause written notice to be served uponthe alleged violator or violators and upon the state air pollution controlagency of the state in which the alleged source is located. The notice shallspecify the provision of this compact or rule or regulation alleged to beviolated, and the facts alleged to constitute a violation thereof, and mayinclude an order that necessary corrective action be taken within a reasonabletime. Any such order shall become final unless, no later than ten days afterthe date the notice and order are served, the person or persons named thereinrequest in writing a hearing before the commission. Upon such request, thecommission shall hold a hearing in accordance with the provisions of section6.4 of this compact. In lieu of an order, the executive director may requirethat the alleged violator or violators appear before the commission for ahearing, at a time and place specified in the notice, and answer the chargescomplained of.
(b) If, after a hearing held pursuant to subsection (a) of this section,the commission finds that a violation or violations have occurred, it mayaffirm or modify the order of the executive director previously issued, orissue an appropriate order or orders for the prevention, abatement or controlof the emissions involved or for the taking of such other corrective action asmay be appropriate or it may retain jurisdiction, but defer final action topermit the state air pollution control agency to effect a satisfactory remedy. If, after hearing on an order contained in a notice, the commission findsthat no violation has occurred or is occurring, it shall rescind the order.Any order issued as part of a notice or after hearing may prescribe the dateor dates by which the violation or violations shall cease and may prescribetimetables for necessary action in preventing, abating or controlling theemissions.
(c) Nothing in this compact shall prevent the commission from makingefforts to obtain voluntary compliance through warning, conference or anyother appropriate means.
5.7. Variances.
(a) Any person who owns or is in control of any air contaminant sourcemay apply to the commission for a variance from rules or regulations by filingan application with the executive director. The executive director shallpromptly investigate the application and make a recommendation to thecommission as to the disposition thereof. If the recommendation is againstthe granting of a variance, a public hearing shall be held, if requested bythe applicant, in accordance with the provisions of section 6.4 of thiscompact. If the recommendation is for the granting of the variance, thecommission may do so without a public hearing, except that, at the writtenrequest of any person aggrieved by the emissions resulting from the grantingof the variance, a public hearing shall be held. In any hearing under thissection, however, the burden of proof shall be on the person petitioning for avariance. After a hearing, the commission may grant a variance if it findsthat:
1. The emissions occurring or proposed to occur do not endanger humanhealth or safety; or
2. Compliance with the rules or regulations from which variance issought would produce serious hardship without equal or greater benefits to thepublic; or
3. Such variance should be granted to effectuate the purposes of thiscompact as set out in Article III hereof.
(b) No variance shall be granted pursuant to this section until thecommission has considered the relative interests of the applicant, otherowners of property likely to be affected by the emissions, and the generalpublic.
(c) Any variance or renewal thereof shall be granted within therequirements of subsection (a) and for time periods and under conditions thatshall be specified by the commission in its order granting such variance.
(d) Any variance granted pursuant to this section may be renewed, onapplication, on terms and conditions and for periods which would beappropriate on initial granting of a variance. If complaint is made to thecommission on account of the variance, no renewal thereof shall be granted,unless following public hearing on the complaint on due notice the commissionfinds that renewal is justified. Any application for renewal shall be made atleast sixty days prior to the expiration of the variance.
(e) Nothing in this section and no variance or renewal granted pursuanthereto shall be construed to prevent or limit the application of the emergencyprovisions and procedures of this compact.
(f) Notwithstanding any provision of this section to the contrary, thecommission may, after a hearing in accordance with the provisions of section6.3 of this compact, establish by rule or regulation variances from requiredemission standards which are uniformly applicable to specific types of aircontaminant sources or to particular geographic areas within the commission'sjurisdiction.
5.8. Emergency.
(a) Any other provisions of this compact notwithstanding, the commissionmay adopt rules or regulations authorizing the executive director to orderpersons causing or contributing to air pollution to reduce or discontinueimmediately the emission of air contaminants when he finds that a generalizedor specific condition of air pollution exists in any area subject to thejurisdiction of this commission and that in his opinion such condition createsan emergency requiring immediate action to protect human health or safety insuch area.
(b) Upon issuance of any such order the commission shall fix a time andplace for a hearing to be held before the commission not later thanforty-eight hours after the issuance of the order to investigate and determinethe factors causing or contributing to the emergency conditions. All personswhose interests are prejudiced or affected in any manner by any such ordershall have the right to appear in person or by counsel at the hearing and topresent evidence relevant to the subject of the hearings. Within twenty-fourhours after completion of the hearing, the commission shall affirm, modify orset aside the order or make such other orders as the commission deemsappropriate under the circumstances in accordance and consistent with theevidence adduced and shall notify all persons appearing in person or bycounsel of its determination in writing by certified or registered mail.
(c) Nothing in this section shall be construed to limit any power of thePresident of the United States or the governor of either signatory state, orany other officer of either state, or the United States, to act in the eventof an emergency.
ARTICLE VI. HEARING AND REVIEW
6.1. Public hearings. All hearings held by the commission shall be opento the public. All testimony taken before the commission shall be under oathand recorded in a written transcript. The transcript so recorded shall bemade available to any member of the public or to any participant in suchhearing upon payment of reasonable charges therefor as fixed by thecommission.
6.2. Powers of hearing officer. All hearings shall be had before one ormore members of the commission, or before an officer or employee of thecommission expressly designated thereby to act as a hearing officer. Anyperson conducting the hearing, and the executive director, may issue in thename of the commission notices of hearings and subpoenas requiring attendanceand testimony of witnesses and production of evidence relevant to any matterinvolved in such, and administer oaths and affirmations and examine witnesses.
6.3. Rules and regulations. The commission shall not adopt any rules orregulations, other than those relating to its internal organization, unlessand until it has held a public hearing thereon, at which any person shall beentitled to appear and offer testimony with or without counsel. Notice ofsaid hearing shall be published in a newspaper of general circulation in eachcounty within the jurisdiction of the commission at least thirty days prior tosuch hearing, and shall be mailed to the air pollution control agencies of thesignatory states. All rules and regulations so adopted by the commissionshall be filed in the manner provided for by law for filing administrativerules in each of the signatory states and such rules and regulations shall notbecome effective until ten days after such filing.
6.4. Adversary hearings.
(a) At any hearing on an order directed to a specific person or persons,or a specific source of air contaminants, or on application for variance orrenewal or revocation thereof, those persons, or the owner or operator of suchsource, or the applicant, shall be entitled to be a party to the proceedings,and the air pollution control agencies of the signatory states shall also beentitled to be parties. Any party shall be entitled to at least twenty daysnotice of such hearing by registered mail, and such notice shall also bepublished in a newspaper of general circulation in the county in which thealleged air contaminant source is located, and sent by ordinary mail to anyperson who has in writing requested notice. Any party shall be entitled toappear in person or by representative, with or without counsel, and make oralor written argument, offer testimony, cross-examine witnesses, or take anycombination of such actions with respect to any matter in issue including thevalidity under this compact of any commission order, rule, regulation orstandard as it may affect such party. Any person aggrieved by the emissionsfrom the alleged air contaminant source shall be entitled to appear and totestify with respect to the matter in controversy, subject to suchrestrictions and procedures as the commission may establish, but shall not bea party to such proceeding.
(b) In any adversary proceeding each party shall be entitled to presentoral arguments or written briefs at or after the hearing, which shall be heardor read by each commissioner who renders or joins in rendering the order ofthe commission.
(c) In each adversary proceeding each commissioner who renders or joinsin rendering the order of the commission shall, prior to taking final actionthereon, either hear all the evidence, read the full record including all theevidence, or personally consider the portions of the record cited or referredto in the arguments or briefs. The parties to such adversary proceeding mayby written stipulation or by oral stipulation in the record at the hearingwaive compliance with the provisions of this subsection.
(d) Every order by the commission in an adversary proceeding shall be inwriting and shall include or be accompanied by findings of fact andconclusions of law. The findings of fact shall be stated separately from theconclusions of law and shall include a concise statement of the findings onwhich the commission bases its order.
6.5. Refusal to obey subpoena. In case of refusal to obey a subpoenaissued in the name of the commission, any United States district court,district court of Kansas or circuit court of Missouri having jurisdiction mayissue, upon the application of the person conducting the hearing, an orderrequiring attendance or production of evidence as the case may require. Anyfailure to obey an order may be punished by the court as contempt thereof.Subpoenas shall be served as provided by the law of the state in which theyare served.
6.6. Judicial enforcement and review.
(a) It shall be the duty of any person to comply with any final orderissued against him by the commission in accordance with section 5.6 of thiscompact. In a signatory state, any court of general jurisdiction in anycounty in which the alleged air contaminant source is located, or any UnitedStates district court for the district in which the alleged air contaminantsource is located, shall entertain and determine any action or proceedingbrought by the commission to enforce an abatement order against the owner oroperator of such air contaminant source. In any action to enforce or reviewsuch an order, the court may affirm, modify or reverse the order and may issueits decree enforcing the order as affirmed or modified.
(b) Any party to a hearing held under this compact who is aggrieved byany order made by the commission shall be entitled to a judicial reviewthereof. Such review may be had by filing a verified petition in any of theappropriate courts designated in subsection (a) of this section setting outsuch order and alleging specifically wherein said order is:
1. Arbitrary, capricious, an abuse of discretion or otherwise not inaccordance with law.
2. Contrary to constitutional right, power, privilege or immunity.
3. In excess of authority or jurisdiction conferred by this compact orstatutes in implementation hereof.
4. Without observance of procedure required by law.
5. Unsupported by substantial evidence. The petition for review shall be filed within thirty days after receipt ofwritten notice that such order has been issued. Written notice of the filingof such petition for review and a copy of said petition shall be personallyserved upon the commission. Within fifteen days after filing the petition,the petitioner shall secure from the commission a certified copy of thetranscript of any hearing or hearings held in connection with the issuance ofthe order, the review of which is sought, and file the same with the clerk ofthe court in which the proceeding for review is pending. An extension of timein which to file such transcript may be granted by the court for good causeshown. Inability to obtain the transcript within the specified time shall begood cause. Failure to file the transcript within fifteen days, or to securean extension of time therefor, shall be cause for the dismissal of thepetition. Where more than one party may be aggrieved by the order only oneproceeding for review may be had, and the court in which a petition for reviewis first properly filed shall have jurisdiction.
(c) The filing of a petition for review hereunder shall stay thecommission's order unless the court upon motion by any party shall determineotherwise.
(d) No review of a commission order shall be had except in accordancewith the provisions of this compact.
ARTICLE VII. FINANCE
7.1. Appropriations. The commission shall submit to the governor ordesignated officer or officers of each party state a budget of its estimatedexpenditures for such period as may be required by the laws of that state forpresentation to the legislature thereof, specifying the amount or amounts tobe appropriated by each of the party states. Aside from such support as maybe available to the commission from other sources, the cost of operating andmaintaining the commission shall be borne equally by the party states. Thecommission shall not incur any obligations prior to the allotment of fundsadequate to meet the same by the party states or the setting aside of suchfunds from other sources.
7.2. Expenses. The expenses and any other costs for each member of thecommission shall be met by the commission in accordance with such standardsand procedures as it may establish under its bylaws.
7.3. Accounts. The commission shall keep accurate accounts of allreceipts and disbursements. The receipts and disbursements of the commissionshall be subject to an annual independent audit. However, all receipts anddisbursements of funds handled by the commission shall be audited yearly by acertified or licensed public accountant and the report of the audit shall beincluded in and become a part of the annual report of the commission. Theaccounts of the commission shall be open at any reasonable time for inspectionby duly constituted officers of the signatory parties and by any personsauthorized by the commission.
ARTICLE VIII. CONFIDENTIALITY
8.1. No information relating to secret processes or trade secretsaffecting methods of manufacture shall be disclosed to the public, if sorequested by the owner or operator thereof, and all such information shall bekept confidential. At any public hearing any such confidential informationshall, if requested by respondent, be received in camera and kept under seal.
ARTICLE IX. VIOLATIONS
9.1. Any violation of any rule or regulation, duly adopted under thiscompact, except pursuant to a variance, may be enjoined by the commission uponinstitution of a civil action in any court of competent jurisdiction forinjunctive relief to prevent any further violation and, in the case of anywillful violation, the court may assess a penalty of not to exceed onethousand dollars per day for each day or part thereof the violation continues,and any such penalty shall be paid into the general revenue fund of the statewhere imposed.
9.2. No liabilities shall be imposed upon any person pursuant to thiscompact for violations of any provision thereof, or any rule or regulationadopted thereunder, caused by an act of God, war, strike, riot, catastrophe orother cause beyond the control of such person.
9.3. Any willful disclosure of confidential information to any personother than one entitled to information under this compact shall be deemed tobe a misdemeanor subject to the laws of the party state in which suchviolation shall have occurred.
ARTICLE X. COMPACT NOT LIMITING
10.1. Powers of states. Nothing in this compact shall be construed tolimit the powers of either signatory state or any of their subdivisions toenact and enforce laws or ordinances for the prevention, abatement or controlof air pollution, provided that such laws, ordinances, or enforcementactivities meet the minimum provisions of this compact, or any standard, ruleor regulation promulgated hereunder, or to prevent or restrict eithersignatory state or any subdivision thereof in requiring or prescribingmeasures of air pollution prevention, abatement or control in addition tothose which may be required by either signatory state or the commission actingpursuant to this compact.
10.2. Powers of United States. Nothing in this compact shall beconstrued to relinquish the functions, powers and duties of the Congress ofthe United States with respect to the control, abatement or prevention of airpollution.
ARTICLE XI. CONSTRUCTION
11.1. Construction and severability. It is the legislative intent thatthe provisions of this compact be reasonably and liberally construed. Theprovisions of this compact shall be severable and if any phrase, clause,sentence or provision of this compact is declared to be contrary to theconstitution of either state or of the United States, or the applicabilitythereof to any government, agency, person or circumstance is held invalid, thevalidity of the remainder of this compact and the applicability thereof to anygovernment, agency, person or circumstance shall not be affected thereby.
11.2. Agency cooperation. The several departments, agencies andofficers of the signatory parties are authorized to cooperate with thecommission. Within existing statutory authorizations, any such department,agency or officer may make contract with, lend, or otherwise furnish thecommission with such items and services as are contemplated by any provisionof the compact.
11.3. Effect of compact on rights of certain persons. Persons otherthan either of the signatory states or the commission shall not acquireactionable rights by virtue of this compact. A determination by the executivedirector or the commission that air pollution or air contamination exists orthat any standard, rule or regulation has been violated, whether or not aproceeding or action is brought by the state or the commission, shall notcreate by reason thereof any presumption of law or finding of fact which shallinure to or be for the benefit of any person other than the state or thecommission.
ARTICLE XII. EFFECTIVE DATE AND TERMINATION
12.1. Effective date; repeal. This compact shall take effect and be inforce when it has been enacted into law by the states of Missouri and Kansasand is approved by the Congress of the United States. The compact shallcontinue in force until expressly repealed by either party state, but no suchrepeal shall take effect until ninety days after the effective date of thestatute repealing this compact, provided that if expressly repealed by bothparty states, such repeal shall take effect immediately as provided in suchenactments.
ARTICLE XIII. AMENDMENTS
13.1. The right to alter, amend or repeal this compact is expresslyreserved by the signatory states.
(L. 1967 p. 297 § 1)*Transferred 1986; formerly 203.600