Session of 2000
SENATE BILL No. 469 By Senator Corbin 1-24

9 AN ACT prohibiting sales of certain motor-vehicle fuel and proving pen-
10 alties for violations.
11
12 Be it enacted by the Legislature of the State of Kansas:
13 Section 1. (a) No person shall sell or offer for sale in Kansas any
14 motor-vehicle fuel, as defined in K.S.A. 79-3401, and amendments
15 thereto, containing methyl tertiary-butyl ether (MBTE).
16 (b) The secretary of health and environment or the director of the
17 division of environment, upon a finding that a person has violated this
18 section, may impose a penalty not to exceed $10,000 which shall consti-
19 tute an actual and substantial economic deterrent to the violation for
20 which it is assessed. In the case of a continuing violation, every day such
21 violation continues shall be deemed a separate violation. No such penalty
22 shall be imposed except after notice of violation and opportunity for hear-
23 ing upon the written order of the secretary or the director of the division
24 of environment issued to the person who committed the violation. The
25 order shall state the violation, the penalty to be imposed and the right to
26 request a hearing thereon. The request for hearing shall be in writing,
27 directed to the secretary and filed with the secretary within 15 days after
28 service of the order. The hearings shall be conducted in accordance with
29 the Kansas administrative procedure act.
30 (c) Nothing in this section shall be construed to abridge, limit or
31 otherwise impair the right of any person to damages or other relief on
32 account of injury to persons or property and to maintain any action or
33 other appropriate proceeding therefor.
34 Sec. 2. This act shall take effect and be in force from and after its
35 publication in the statute book.