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65-167. Sewage discharge; penalties for willful or negligent discharge of sewage without permit or in violation of terms of permit. Upon conviction, the penalty for the willful or negligent discharge of sewage into or from the sewer system of any municipality, township, county or legally constituted sewer district by the public authorities having, by law, charge thereof or by any person, company, corporation, institution, municipality or federal agency, into any of the waters of the state without a permit, as required by this act, or in violation of any term or condition of a permit issued by the secretary of health and environment, or in violation of any requirements made pursuant to K.S.A. 65-164, 65-165 or 65-166, and amendments thereto, shall be not less than $2,500 and not more than $25,000, and a further penalty of not more than $25,000 per day for each day the offense is maintained. The penalty for the discharge of sewage into or from any sewage system into any waters of the state without filing a report, in any case in which a report is required by this act to be filed shall be not less than $1,000 and not more than $10,000 per day for each day the offense is maintained.

History: L. 1907, ch. 382, § 7; L. 1909, ch. 226, § 3; R.S. 1923, 65-167; L. 1967, ch. 333, § 3; L. 1973, ch. 242, § 1; L. 1974, ch. 352, § 29; L. 1984, ch. 221, § 3; L. 1989, ch. 185, § 2; July 1.

Law Review and Bar Journal References:

"Regulation of Air and Water Quality in Kansas: A Critical Look at Legislative Ambiguity and Administrative Discretion," George Cameron Coggins, 21 K.L.R. 1, 14 (1972).

Attorney General's Opinions:

Definitions; "sewage" and "pollution"; citizen intervention in certain environmental proceedings. 91-68.

CASE ANNOTATIONS

1. Health authorities may invoke remedy of injunction to prevent anticipated health menace. Dougan v. Shawnee County Comm'rs, 141 Kan. 554, 560, 43 P.2d 223.


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