65-170e. Public water supply systems, water pollution, sewage discharge; action by attorney general; intervention in actions by persons having an identifiable interest.
65-170e
65-170e. Public water supply systems, water pollution, sewagedischarge; action by attorney general; intervention in actions by personshaving an identifiable interest.(a) The attorney general, upon the request of the secretary of health andenvironment, may bring an action in the name of the state of Kansas in thedistrict court of the county in which any person who violates any of theprovisions of this act may do business, to recover penalties or damages asprovided by this act.
(b) Any person having an identifiable interest which is affected shallhave the right to intervene in any civil actions brought under this sectionor K.S.A. 65-171b, and amendments thereto,or in administrative actions subsequent to the issuance of anadministrative order by the agency pursuant to K.S.A. 65-164, 65-170d or65-171d and amendments thereto or article 6 of chapter 77 of the KansasStatutes Annotated to enforce theprovisions of the national pollutant discharge elimination system programas approved by the administrator of the United States environmentalprotection agency pursuant to sections 318, 402 and 405 of the clean wateract, as in effect on January 1, 1989,which seek:
(1) Restraint of persons from engaging in unauthorized activity whichis endangering or causing damage to public health or the environment;
(2) injunction of threatened or continuing violations of this act,rules and regulations promulgated thereunder and permit conditions;
(3) assessment of civil penalties for violations of this act, rules andregulations promulgated thereunder, permit conditions or orders of thedirector of environment or secretary of health and environment.
History: L. 1973, ch. 244, § 5; L. 1974, ch. 352, § 34;L. 1989, ch. 185, § 3;L. 1990, ch. 340, § 3; July 1.