65-5301. Definitions. As used in this act: (a) “Asbestos project” means an activity undertaken to remove or encapsulate friable asbestos containing materials. (b) “Business entity” means a partnership, firm, association, corporation, sole proprietorship or other business concern. (c) “License” means an authorization issued by the secretary permitting a business entity to engage in an asbestos […]
65-5302. Asbestos projects; license required; exemptions. (a) Except as otherwise provided in this act, no business entity shall engage in an asbestos project unless the entity holds a license issued by the secretary for that purpose. (b) The provisions of this act do not apply to a business entity which uses its own employees in […]
65-5303. Administration of act; duties of secretary; license fees; inspections; rules and regulations. The secretary shall administer the provisions of this act. In administering the provisions of this act, the secretary shall: (a) Prescribe fees for the issuance and renewal of licenses. The fees shall be based upon the amount of revenue determined by the […]
65-5304. Licensure of business entities; qualifications; requirements. In order to qualify for a license, a business entity shall: (a) Ensure that each employee or agent of the business entity who will come into contact with asbestos or who will engage in an asbestos project is trained in accordance with all applicable asbestos training provisions required […]
65-5305. Same; application; form; requirements; fee. (a) To apply for a license, a business entity shall submit an application to the secretary in the form required by the secretary and shall pay the fee prescribed by the secretary. (b) The application shall include: (1) The name and address of the business entity; (2) a description […]
65-5306. Same; term; renewal. (a) A license expires one year from its effective date unless it is renewed for a one-year term as provided in this section. (b) Not less than one month before a license expires, the secretary shall send to the licensee, at the last known address of the licensee, a renewal notice […]
65-5307. Records of asbestos projects required, contents; notification of secretary. (a) Every licensee shall keep a record of each asbestos project it performs and shall make the record available to the secretary at any reasonable time. Records required by this section shall be kept for not less than three years. The record shall include: (1) […]
65-5309. Schedule of fees; disposition of moneys. (a) The secretary shall establish by rules and regulations a reasonable schedule of fees for licensure and for project evaluations under this act. The fee schedule shall be established on the basis of determination by the secretary of the amount of revenue required for administration of the provisions […]
65-5310. Denial, suspension or revocation of license; notice and hearing; appeals; temporary suspension. (a) The secretary may deny, suspend or revoke any license issued under this act if the secretary finds, after notice and hearing conducted in accordance with the provisions of the Kansas administrative procedure act, that the applicant for license or licensee, whichever […]
65-5311. Waiver of license requirement, when; alternative requirements. (a) In an emergency that results from a sudden, unexpected event that is not a planned renovation or demolition, the secretary may waive the requirement for a license. (b) The secretary may approve, on a case-by-case basis, an alternative to a required public health protection procedure for […]
65-5312. State agencies and political subdivisions; bid acceptance requirements; compliance with act. (a) No state agency or political or taxing subdivision of the state shall accept a bid in connection with any asbestos project from a business entity which does not hold a license at the time the bid is submitted. (b) No state agency […]
65-5313. Violations; criminal penalties. (a) Any individual person or business entity who willfully violates any provision of this act or any rules and regulations adopted under this act is guilty: (1) For a first offense, of a class C misdemeanor; and (2) for a second offense, of a class B misdemeanor. History: L. 1985, ch. […]
65-5314. Same; civil penalties; appeal and review; disposition of moneys recovered. (a) Any business entity which violates any provision of this act or any rules and regulations adopted under this act, in addition to any other penalty provided by law, may incur a civil penalty imposed under subsection (b) in an amount not to exceed […]
65-5315. Injunctions. Notwithstanding the existence or pursuit of any other remedy, the secretary may maintain, in the manner provided by the Kansas judicial review act, an action in the name of the state of Kansas for injunction or other process against any business entity to restrain or prevent any violation of the provisions of this […]
65-5316. Asbestos remediation fund established; disposition of moneys collected pursuant to the act. (a) There is hereby established in the state treasury the asbestos remediation fund. (1) The secretary of health and environment shall remit to the state treasurer, in accordance with the provisions of K.S.A. 75-4215, and amendments thereto, all moneys collected or received […]
