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 9  AN ACT concerning levees and fills; relating to maintenance and con-
10    struction; providing penalties for certain violations of law relating
11    thereto.
12
13  Be it enacted by the Legislature of the State of Kansas:
14    Section 1.  (a) Any person, corporation, drainage or levee district,
15  county, city or township that violates K.S.A. 24-126, and amendments
16  thereto, or any rule and regulation adopted thereunder, in addition to
17  any other penalty provided by law, may incur a civil penalty imposed
18  under subsection (b) in the amount fixed by rules and regulations of the
19  chief engineer of the division of water resources of the Kansas department
20  of agriculture in an amount not less than $100 nor more than $5,000 for
21  each violation. In the case of a continuing violation, every day that any
22  such violation continues after notice of the original violation is served
23  upon the violator personally or restricted mail by the chief engineer, or
24  a duly authorized representative of the chief engineer, after giving the
25  violator a reasonable deadline to cure the violation, shall be deemed to
26  be a separate violation. In determining the amount of the civil penalty,
27  the chief engineer shall take into consideration all relevant circumstances,
28  including, but not limited to, the extent of harm caused by the violation,
29  the nature and persistence of the violation, the length of time over which
30  the violation occurs and any corrective actions taken.
31    (b)  The chief engineer, or a duly authorized representative of the
32  chief engineer, upon finding that any person, corporation, drainage or
33  levee district, county, city or township has violated any provision of K.S.A.
34  24-126, and amendments thereto, or any rule and regulation adopted
35  thereunder, may impose a civil penalty as provided by this act upon such
36  person or entity.
37    (c)  No civil penalty shall be imposed pursuant to this section except
38  on written order of the chief engineer, or a duly authorized representative
39  of the chief engineer, to the person or entity who committed the violation,
40  or to the person or entity whose agent committed the violation. Such
41  order shall state the violation, the penalty to be imposed and the right of
42  such person to appeal to the chief engineer. Any such person or entity,
43  within 20 days after notification, may make written request to the chief
HB 2434
                                     

 1  engineer for a hearing in accordance with the provisions of the Kansas
 2  administrative procedure act. The chief engineer shall affirm, reverse or
 3  modify the order and shall specify the reasons therefore.
 4    (d)  Any person or entity aggrieved by an order of the chief engineer
 5  pursuant to this section may appeal such order to the district court in the
 6  manner provided by the act for judicial review and civil enforcement of
 7  agency actions.
 8    (e)  The chief engineer shall remit moneys collected from civil pen-
 9  alties recovered pursuant to this section to the state treasurer, who shall
10  deposit the entire amount in the state treasury and credit it to the water
11  structures fee fund, which is hereby created in the state treasury. All
12  expenditures from the fund shall be made in accordance with appropri-
13  ation acts upon warrants of the director of accounts and reports issued
14  pursuant to vouchers approved by the chief engineer, or a duly authorized
15  representative of the chief engineer.
16    Sec. 2.  This act shall take effect and be in force from and after its
17  publication in the statute book.