Session of 2000
HOUSE BILL No. 2859
By Committee on Environment
2-3
10 AN ACT
prohibiting sales of certain motor-vehicle fuel and providing
11 penalties for
violations.
12
13 Be it enacted by the Legislature of the
State of Kansas:
14 Section
1. (a) No person shall sell or offer for sale in Kansas
any
15 motor-vehicle fuel, as defined in K.S.A.
79-3401, and amendments
16 thereto, containing methyl tertiary-butyl
ether (MTBE).
17 (b) The secretary
of health and environment or the director of the
18 division of environment, upon a finding
that a person has violated this
19 section, may impose a penalty not to exceed
$10,000 which shall consti-
20 tute an actual and substantial economic
deterrent to the violation for
21 which it is assessed. In the case of a
continuing violation, every day such
22 violation continues shall be deemed a
separate violation. No such penalty
23 shall be imposed except after notice of
violation and opportunity for hear-
24 ing upon the written order of the secretary
or the director of the division
25 of environment issued to the person who
committed the violation. The
26 order shall state the violation, the
penalty to be imposed and the right to
27 request a hearing thereon. The request for
hearing shall be in writing,
28 directed to the secretary and filed with
the secretary within 15 days after
29 service of the order. The hearings shall be
conducted in accordance with
30 the Kansas administrative procedure
act.
31 (c) Nothing in
this section shall be construed to abridge, limit or
32 otherwise impair the right of any person to
damages or other relief on
33 account of injury to persons or property
and to maintain any action or
34 other appropriate proceeding therefor.
35 Sec. 2. This act shall
take effect and be in force from and after its
36 publication in the statute book.