Kansas Statutes 65-3455. Responsibility for payment of clean-up costs; actions to recover costs
Terms Used In Kansas Statutes 65-3455
- Discharge: means and includes leakage, seepage or other release. See Kansas Statutes 65-3471
- Disposal: means the discharge, deposit, injection, dumping, spilling, leaking or placing of any solid waste into or on any land or water so that such solid waste or any constituent thereof may enter the environment or be emitted into the air or discharged into any water. See Kansas Statutes 65-3402
- Fund: means the drycleaning facility release trust fund. See Kansas Statutes 65-34,142
- Person: means individual, partnership, firm, trust, company, association, corporation, individual or individuals having controlling or majority interest in a corporation, institution, political subdivision, state agency or federal department or agency. See Kansas Statutes 65-3402
- Secretary: means the secretary of health and environment. See Kansas Statutes 65-3402
- Site: means all areas and media to which environmental contamination or pollution has been released, transported or migrated. See Kansas Statutes 65-34,178
Any person responsible for the discharge, abandonment or disposal of hazardous substances which the secretary determines is necessary to be cleaned up pursuant to Kan. Stat. Ann. §§ 65-3453 and amendments thereto shall be responsible for the payment of the costs of investigation to determine whether remedial action is necessary at the site. If remedial action is required to protect the public health and environment, the costs of that remedial action shall be borne by the responsible party. If the secretary incurs costs or expends funds for such activities, the responsible person shall be notified of such costs and expenditures and shall make repayment of all costs incurred for response to the site in accordance with Kan. Stat. Ann. §§ 65-3454a and amendments thereto. If the responsible person fails to pay for such costs, such payment or repayment shall be recoverable in an action brought by the secretary in the district court of Shawnee county. Any money recovered under this section shall be deposited in the environmental response fund.