Kan. Admin. Regs. § 82-3-603a - Spill notification to landowner or representative; penalty

(a) Notification required. Each operator shall make good faith efforts to notify the landowner or the landowner's representative of any spill or escape that is required to be reported to the conservation division under K.A.R. 82-3-603(b)(1) or

(b)(2). This notification to the landowner or landowner's representative shall meet the requirements of subsection (b) and shall be made no later than five business days following the discovery or knowledge of the spill or escape.

(b) Required information. Each notification shall include the following information:

(1) The operator's name;

(2) the lease name and approximate spill location;

(3) the time and date the spill or escape occurred;

(4) a description of the escaped materials, including each type and amount; and

(5) the methods being used to clean up the spill.

(c) "Discovery and knowledge" defined. For the purpose of this regulation, the point of "discovery and knowledge" shall mean the point at which the operator knew or reasonably should have known of the spill or escape.

(d) Record of notification and retention of records. Each operator shall keep accurate records of each notification made to a landowner or a landowner's representative regarding spills or escapes required under subsection (a). These records may include correspondence, electronic mail, telephone records, and field notes. The operator shall keep these records for at least three years. The records shall be made available to the conservation division upon request.

(e) Penalty for failure to notify. Failure to comply with subsection (a) shall be punishable by a $250 penalty for the first violation, a $500 penalty for the second violation, and a $1,000 penalty for each subsequent violation.

Notes

Kan. Admin. Regs. § 82-3-603a

Authorized by K.S.A. 55-152 and K.S.A. 2006 Supp. 55-186; implementing K.S.A. 55-164, K.S.A. 2006 Supp. 55-186, K.S.A. 74-623; effective Oct. 26, 2007.