Attorney General Opinion No. 1987-130
Author | : Robert T. Stephan |
Publisher | : |
Total Pages | : |
Release | : 1987 |
ISBN-10 | : OCLC:832714127 |
ISBN-13 | : |
Rating | : 4/5 (27 Downloads) |
Download or read book Attorney General Opinion No. 1987-130 written by Robert T. Stephan and published by . This book was released on 1987 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Although a permit term or condition is not considered a "provision of the act" under K.S.A. 65-171t, and thus an action may not be brought pursuant to that section, injunctive relief may be sought through the broad powers granted to the secretary under K.S.A. 65-101. K.S.A. 65-170b grants broad authority to KDHE representatives to make inspections of records relating to a permitted facility to determine compliance with statutory and regulatory provisions relating to water pollution or public water supply. K.S.A. 65-171b does not provide for an override of the thirty day notice period provided by K.S.A. 65-165, but the same result may be achieved through injunctive relief. K.S.A. 60-224(b)(2) provides for permissive intervention when an applicant has a claim or defense with a question of law or of fact in common with the main action. "Sewage," as defined by K.S.A. 1986 Supp. 65-164 would include wastes with elevated temperatures, as long as they are "from domestic, manufacturing or other forms of industry." Cited herein: K.S.A. 60-224(b)(2); K.S.A. 65-101; K.S.A. 1986 Supp. 65-164; K.S.A. 65-165; 65-170b; 65-171b; K.S.A. 1986 Supp. 65-171d; K.S.A. 65-171t.