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Taylor v. Department of Health & Env't

Citation: 12 ELR 20588
No. No. 52231, 634 P.2d 1075/230 Kan. 283, (Kan., 10/23/1981)

The court affirms the reversal of an administratively assessed civil penalty on the ground that Kansas statutes pertaining to water supply and sewage do not apply to stream pollution and damage to aquatic life caused by the aerial application of pesticides. The statute invoked by the state applies only to the discharge of sewage, defined as waste products, directly into state waters. Aerial chemical spraying is not a waste product within the meaning of the statute and is regulated pursuant to the Kansas Pesticide Use Law. Therefore, the court concludes, the Department of Health and Environment has no jurisdiction over appellee because the action should have been brought pursuant to the Resticide Use Law.

Counsel for Appellant
Janet A. Chubb; Robert T. Stephan, Attorney General
Judicial Center, Topeka KS 66612
(502) 296-2215

Counsel for Appellee
No appearance by appellee.

HOLMES, J., not participating.