55-527. Limitation of MTBE in motor vehicle fuel; contingent on EPA waiver.
55-527
55-527. Limitation of MTBE in motor vehicle fuel;contingent on EPA waiver.(a) As used in this section,terms have the meanings provided by K.S.A.79-3401, and amendments thereto.
(b) Subject to the provisions of subsection (h), on and after July 1, 2004,no person shall sell or deliver to anydistributor within Kansas or import into Kansas for sale in this state anymotor-vehicle fuel containing methyl tertiary-butyl ether (MTBE) in quantitiesgreater than 0.5% by volume.
(c) On and after July 1, 2003, the distributor shall beprovided, at the time of delivery of motor-vehicle fuel, on an invoice, bill oflading, shipping paper or other documentation, a declaration of the MTBEcontent, by volume percent, in the motor-vehicle fuel delivered.
(d) Determination of the volume percentage of MTBE in motor-vehicle fuelshall be by one or more test methods approved by the secretary of agriculture.
(e) In no event shall the provisions of this section be interpreted toauthorizequantities of MTBE in motor-vehicle fuels to exceed those specifiedin any applicable Kansas or federal statute.
(f) The secretary of health and environment or the director of the divisionofenvironment, upon a finding that a person knowingly and willfully has violatedthis section, may imposea penalty not toexceed $10,000 which shall constitute an actual and substantial economicdeterrent to theviolation for which it is assessed. In the case of a continuing violation,every day such violationcontinues shall be deemed a separate violation. No such penalty shall beimposed except afternotice of violation and opportunity for hearing upon the written order of thesecretary or thedirector of the division of environment issued to the person who committed theviolation. Theorder shall state the violation, the penalty to be imposed and the right torequest a hearingthereon. The request for hearing shall be in writing, directed to the secretaryand filed with thesecretary within 15 days after service of the order. The hearings shall beconducted in accordancewith the Kansas administrative procedure act.
(g) Nothing in this section shall be construed to abridge, limit or otherwiseimpair theright of any person to damages or other relief on account of injury to personsor property and tomaintain any action or other appropriate proceeding therefor.
(h) The provisions of this section shall not take effect until the UnitedStates environmental protection agency grants a waiver allowing the state ofKansas to control or prohibit the use of MTBE in motor-vehicle fuels. Thesecretary of health and environment shall apply for such waiver in a timelymanner in order to obtain such waiver prior to July 1, 2004.
History: L. 2001, ch. 137, § 1; July 1.