Unlawful acts; penalties

65-34,144. Unlawful acts; penalties. (a) It shall be unlawful for any person to: (1) Operate a drycleaning facility in violation of this act, rules and regulations adopted pursuant to this act or orders of the secretary pursuant to this act; (2) prevent or hinder a properly identified officer or employee of the department or other authorized agent of the secretary from entering, inspecting, sampling or responding to a release as authorized by this act; (3) knowingly make any false material statement or representation in any record, report or other document filed, maintained or used for the purpose of compliance with this act; (4) knowingly destroy, alter or conceal any record required to be maintained by this act or rules and regulations adopted under this act; (5) willfully allow a release or knowingly fail to make an immediate response to a release in accordance with this act and rules and regulations pursuant to this act. (b) The director of the division of environment, upon a finding that a person has violated a provision of subsection (a), may impose on such person an administrative penalty in an amount not to exceed $500 for every violation. (c) In assessing an administrative penalty under this section, the director of the division of environment shall consider, when applicable, the following factors: (1) The extent to which the violation presents a hazard to human health; (2) the extent to which the violation has or may have an adverse effect on the environment; (3) the amount of the reasonable costs incurred by the state in detection and investigation of the violation; and (4) the economic savings realized by the person in not complying with the provision for which a violation is charged. History: L. 1995, ch. 162, § 5; L. 1999, ch. 102, § 1; July 1. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archived School Finance Documents USEFUL LINKS Session Laws Kansas Administrative Regulations OTHER LEGISLATIVE SITES Kansas Legislature Administrative Services Division of Post Audit Research Department Contact Us PDF Help www.ksrevisor.gov 2026