55-162. Finding reasonable cause to believe that person has violated act or rules and regulations; hearing; procedure; order; immediate remedial action; reconsideration and judicial review; investigat
55-162
55-162. Finding reasonable cause to believe that person has violated actor rules and regulations; hearing; procedure; order; immediate remedial action;reconsideration and judicial review; investigations; sealing of well; removalof seal, penalty.(a) Whenever the commission, frominvestigation or upon written complaint filed with thecommission, finds reasonable cause to believe that aperson has violated any provision of this act or any rules and regulationsadopted pursuant to this act, the commission shall cause such person tocome before it at a hearing held in accordance with the provisions of theKansas administrativeprocedure act. After such hearing, if the commission finds that such personviolated any provisions of this act or the rules and regulations adoptedpursuant to this act, the commission shall take any appropriateaction necessary to prevent pollution and protect water quality. Suchaction may include, but not be limited to:
(1) Order the person to take such action necessary to remedy the violation;
(2) order the well or the lease to be shut down until the violation iscorrected;
(3) order the person to pay any costs and reasonable attorney feesincurred by the commission in any action pursuant to this section and in anyaction to enforce an order entered by the commission pursuant to this sectionand to pay interest on any portion of such costs and attorney fees whichremains unpaid more than 30 days after imposition, at the rate provided byK.S.A. 16-204 and amendments thereto and for interest on judgments;
(4) order any combination of such orders enumerated inparagraphs (1), (2) and (3); or
(5) if the commission finds that a person has not complied withan orderissued under paragraph (1), (2), (3) or (4), the commissionmay orderthe suspension orrevocation of any license issued pursuant to this act to such person.
(b) If it appears to the commission that damage mayresult if immediate remedial action is not taken, the commission, on the basisof emergency adjudicativeproceedings, shall make such orders as provided in subsection (a), ormay authorize its agents to enter upon the landwhere the well is located and take such remedial action necessary pendingthe giving of notice and hearing in accordancewith the provisions of the Kansas administrative procedure act.
(c) Proceedings for reconsideration and judicialreview of any order shall be conductedin the manner provided for the conduct of reconsideration and reviewproceedings under K.S.A. 55-606, and amendmentsthereto.
(d) Agents of the commission shall investigate anywritten or oral complaint within 72 hours of receipt thereof, not includingSundays and legal holidays, except that if such investigation isimpracticable within such time frame, the agent shall communicate the sameto the person making the complaint and make alternative arrangements forsuch investigation.
(e) Whenever a person is in violation of subsection (a) or subsection (b)agents of the commission may enter upon the lease or any other leases under thecontrol of such operator and seal any well operated by the offending party. Removal of the seal without commission approval will constitute a severitylevel 9, nonperson felony.
History: L. 1982, ch. 228, § 15;L. 1986, ch. 201, § 15;L. 1988, ch. 356, § 163; L. 1995, ch. 95, § 1;L. 1995, ch. 204, § 11;L. 1996, ch. 104, § 1; July 1.