Kansas Statutes 65-34,183. Same; department remedies for providing fraudulent information
Terms Used In Kansas Statutes 65-34,183
- CELR: means a certificate issued by the department that releases the purchaser from environmental liability for contamination existing at the time of issuance of the CELR on a property from actions taken by the bureau of environmental remediation under Kan. See Kansas Statutes 65-34,178
- Contract: A legal written agreement that becomes binding when signed.
- Department: means the department of health and environment. See Kansas Statutes 65-3402
- Owner: means any person who owns or leases, or has owned or leased, a drycleaning facility and who is or has been responsible for the operation of drycleaning operations at such drycleaning facility. See Kansas Statutes 65-34,142
- Property: means real property. See Kansas Statutes 65-34,178
- Purchaser: means any person who is acquiring property through purchase, foreclosure or default. See Kansas Statutes 65-34,178
- 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
(a) If the department determines that fraudulent information was provided by the purchaser to the department for the purpose of obtaining a CELR, the secretary may take such actions as necessary to protect human health or the environment and may take actions including, but not limited to:
(1) Issuing an order directing the purchaser to take any emergency action necessary to protect human health and the environment;
(2) issuing an order revoking the CELR;
(3) issuing an order that will require the purchaser to implement a cleanup of the site to a standard that will allow for unrestricted use; or
(4) assessing an administrative penalty of up to $500 per day starting from the date of the application to the date the department determined false information was provided by the purchaser.
(b) Failure by a CELR recipient to grant reasonable access as required by this act or failure to otherwise comply with this act shall result in revocation of the CELR by the department.
(c) If an owner who has received a CELR exacerbates the contamination or interferes with a department-approved remedy on the property, the department shall revoke the CELR.
(d) If an owner who has received a CELR acquires liability for the contamination through contract, law or other mechanism, the CELR shall be null and void.