reglab/housing_qa huggingface dataset:
KS Stat § 65-34,122 (2021)
2021 Kansas Statutes|Chapter 65 - Public Health|Article 34 - Solid And Hazardous Waste|65-34,122 Same; appeals from orders or decisions of secretary, procedure.

65-34,122. Same; appeals from orders or decisions of secretary, procedure. (a) Any person adversely affected by any order or decision of the secretary may, within 15 days of service of the order or decision, request in writing a hearing. Hearings under this section shall be conducted in accordance with the provisions of the Kansas administrative procedure act.(b) Any person adversely affected by any action of the secretary pursuant to this act may obtain review of such action in accordance with the Kansas judicial review act.History: L. 1989, ch. 186, § 23; L. 2010, ch. 17, § 155; July 1.
KS Stat § 65-34,123 (2021)
2021 Kansas Statutes|Chapter 65 - Public Health|Article 34 - Solid And Hazardous Waste|65-34,123 Abolishment of the underground fund and the aboveground fund.

65-34,123. Abolishment of the underground fund and the aboveground fund. The underground fund and the aboveground fund shall be and are hereby abolished on July 1, 2034.History: L. 1989, ch. 186, § 24; L. 1992, ch. 311, § 20; L. 1993, ch. 56, § 1; L. 1996, ch. 125, § 4; L. 2001, ch. 143, § 1; L. 2012, ch. 22, § 4; L. 2021, ch. 3, § 5; July 1.
KS Stat § 65-34,124 (2021)
2021 Kansas Statutes|Chapter 65 - Public Health|Article 34 - Solid And Hazardous Waste|65-34,124 Same; effective date of K.S.A. 65-34,114 through 65-34,123.

65-34,124. Same; effective date of K.S.A. 65-34,114 through 65-34,123. The provisions of K.S.A. 65-34,114 through 65-34,123 shall take effect and be in force on and after April 1, 1990.History: L. 1989, ch. 186, § 25; May 18.
KS Stat § 65-34,125 (2021)
2021 Kansas Statutes|Chapter 65 - Public Health|Article 34 - Solid And Hazardous Waste|65-34,125 Severability.

65-34,125. Severability. If any provisions of this act or the application thereof to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of this act which can be given effect without the invalid provisions or application. To this end the provisions of this act are severable.History: L. 1989, ch. 186, § 36; May 18.
KS Stat § 65-34,127 (2021)
2021 Kansas Statutes|Chapter 65 - Public Health|Article 34 - Solid And Hazardous Waste|65-34,127 Severability.

65-34,127. Severability. If any provisions of this act or the application thereof to any person or circumstances is held invalid the invalidity does not affect other provisions or applications of this act which can be given effect without the invalid provisions or application and to this end the provisions of this act are severable.History: L. 1990, ch. 229, § 7; May 17.
KS Stat § 65-34,128 (2021)
2021 Kansas Statutes|Chapter 65 - Public Health|Article 34 - Solid And Hazardous Waste|65-34,128 Storage tank fee fund.

65-34,128. Storage tank fee fund. (a) There is hereby established as a segregated fund in the state treasury the storage tank fee fund. Revenue from the following sources shall be deposited in the state treasury and credited to the fund:(1) Moneys collected from fees for registration of storage tanks, issuance of storage tank permits, approval of plans for new storage tank installations and conducting of storage tank inspections;(2) any moneys received by the secretary in the form of gifts, grants, reimbursements or appropriations from any source intended to be used for the purposes of the fund; and(3) interest attributable to investment of moneys in the fund.(b) Moneys in the storage tank fee fund shall be expended only for:(1) Enforcement of storage tank performance standards and registration requirements;(2) programs intended to prevent releases from storage tanks; and(3) administration of the provisions of the Kansas storage tank act.(c) On or before the 10th of each month, the director of accounts and reports shall transfer from the state general fund to the storage tank fee fund interest earnings based on:(1) The average daily balance of moneys in the storage tank fee fund for the preceding month; and(2) the net earnings rate of the pooled money investment portfolio for the preceding month.(d) All expenditures from the storage tank fee fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the secretary for the purposes set forth in this section.(e) This section shall be a part of and supplemental to the Kansas storage tank act.History: L. 1992, ch. 311, § 4; L. 1992, ch. 305, § 2; L. 1996, ch. 253, § 19; L. 2021, ch. 3, § 6; July 1.
KS Stat § 65-34,131 (2021)
2021 Kansas Statutes|Chapter 65 - Public Health|Article 34 - Solid And Hazardous Waste|65-34,131 UST redevelopment fund; expenditures.

65-34,131. UST redevelopment fund; expenditures. (a) There is hereby established as a segregated fund in the state treasury the Kansas essential fuels supply trust fund. The Kansas essential fuels supply trust fund is hereby redesignated as the UST redevelopment fund. The UST redevelopment fund shall be administered by the secretary. Revenue from the following sources shall be deposited in the state treasury and credited to the UST redevelopment fund:(1) The applicable proceeds of the environmental assurance fee imposed by K.S.A. 65-34,117, and amendments thereto; and(2) interest attributable to investment of moneys in the UST redevelopment fund.(b) The funds credited to the UST redevelopment fund may be expended to:(1) Reimburse an eligible property owner in accordance with the provisions of K.S.A. 65-34,132, and amendments thereto, for allowable expenses for permanent closure of an abandoned underground storage tank;(2) permit the secretary to conduct activities to permanently close an abandoned underground storage tank, if the underground storage tank owner or operator has not been identified or is unable or unwilling to perform permanent closure of the underground storage tank;(3) reimburse an eligible owner of an underground storage tank in accordance with the provisions of K.S.A. 65-34,139, and amendments thereto, for allowable expenses for replacement and installation of all components of a single-wall underground storage tank system with a secondary containment system that complies with K.S.A. 65-34,138, and amendments thereto; or(4) pay the administrative technical and legal costs incurred by the secretary in carrying out the provisions of this section and K.S.A. 65-34,132, and amendments thereto, including the cost of any additional employees or increased general operating costs of the department attributable thereto, which costs shall not be payable from any moneys other than those credited to the UST redevelopment fund.(c) On or before the 10th of each month, the director of accounts and reports shall transfer from the state general fund to the above UST redevelopment fund interest earnings based on:(1) The average daily balance of moneys in the UST redevelopment fund for the preceding month; and(2) the net earnings rate of the pooled money investment portfolio for the preceding month.(d) All expenditures from the above UST redevelopment fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the secretary for the purposes set forth in this section.(e) This section shall be part of and supplemental to the Kansas storage tank act.History: L. 2006, ch. 50, § 1; L. 2012, ch. 22, § 5; L. 2015, ch. 26, § 5; July 1.
KS Stat § 65-34,133 (2021)
2021 Kansas Statutes|Chapter 65 - Public Health|Article 34 - Solid And Hazardous Waste|65-34,133 UST redevelopment fund compensation advisory board.

65-34,133. UST redevelopment fund compensation advisory board. (a) There is hereby established the UST redevelopment fund compensation advisory board composed of five members, including the state fire marshal or the state fire marshal's designee, the director of the division of environment of the department or designee, two representatives from the petroleum industry, at least one of which shall be a petroleum marketer and one representative from the petroleum equipment installation industry. The governor shall appoint the appointive members of the board, and the members so appointed shall serve for terms of the duration of [the] UST redevelopment fund. The governor also shall designate a member of the board as its chair, to serve in such capacity at the pleasure of the governor. The secretary shall provide staff to support the activities of the board.(b) Appointed members of the board attending meetings of such board, or attending a subcommittee meeting thereof, when authorized by such board, shall receive the amounts provided in subsection (e) of K.S.A. 75-3223, and amendments thereto.(c) The board shall provide advice and counsel and make recommendations to the secretary regarding disputes over the disbursement of moneys from the UST redevelopment fund.History: L. 2006, ch. 50, § 3; L. 2012, ch. 22, § 7; July 1.
KS Stat § 65-34,134 (2021)
2021 Kansas Statutes|Chapter 65 - Public Health|Article 34 - Solid And Hazardous Waste|65-34,134 Abolishment of UST redevelopment fund and compensation advisory board.

65-34,134. Abolishment of UST redevelopment fund and compensation advisory board. The UST redevelopment fund compensation advisory board and the UST redevelopment fund shall be and are hereby abolished on July 1, 2032. At the time of such abolishment, remaining funds shall be deposited in the underground fund.History: L. 2006, ch. 50, § 4; L. 2007, ch. 34, § 5; L. 2012, ch. 22, § 8; L. 2021, ch. 3, § 7; July 1.
KS Stat § 65-34,135 (2021)
2021 Kansas Statutes|Chapter 65 - Public Health|Article 34 - Solid And Hazardous Waste|65-34,135 Underground storage tank operators, training program; requirements.

65-34,135. Underground storage tank operators, training program; requirements. (a) Operators of underground storage tanks must complete a training program commensurate with their responsibility for the operation of underground storage tanks. The training program shall be approved by the department and will encompass three levels of training:(1) Persons having primary responsibility for on-site operation and maintenance of underground storage tank systems;(2) persons having daily on-site responsibility for the operation and maintenance of underground storage tank systems;(3) daily, on-site employees having primary responsibility for addressing emergencies presented by a spill or release from an underground storage tank system.(b) Storage tank operators must demonstrate that they have completed the training required by the department in order to obtain an annual permit for the operation of underground storage tanks.(c) Operators of underground storage tanks must repeat the applicable training if the tank for which they have primary daily on-site management responsibilities is determined to be out of compliance with a requirement or a standard of the department.(d) This section shall be part of and supplemental to the Kansas storage tank act.History: L. 2007, ch. 34, § 1; July 1.
KS Stat § 65-34,137 (2021)
2021 Kansas Statutes|Chapter 65 - Public Health|Article 34 - Solid And Hazardous Waste|65-34,137 Non-fuel flammable or combustible liquid aboveground storage tank system fund.

65-34,137. Non-fuel flammable or combustible liquid aboveground storage tank system fund. (a) There is hereby established as a segregated fund in the state treasury the non-fuel flammable or combustible liquid aboveground storage tank system fund. Revenue from the fines assessed pursuant to K.S.A. 65-34,136, and amendments thereto, shall be deposited in the state treasury and credited to the fund.(b) Moneys in the non-fuel flammable or combustible liquid aboveground storage tank system fund shall be expended only for administration and enforcement of the provisions of K.S.A. 65-34,136, and amendments thereto.(c) All expenditures from the non-fuel flammable or combustible liquid aboveground storage tank system fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the state fire marshal.(d) This section shall be part of and supplemental to the Kansas storage tank act.History: L. 2008, ch. 89, § 2; Apr. 24.
KS Stat § 65-34,138 (2021)
2021 Kansas Statutes|Chapter 65 - Public Health|Article 34 - Solid And Hazardous Waste|65-34,138 Underground storage tank systems; secondary containment.

65-34,138. Underground storage tank systems; secondary containment. (a) Each underground storage tank, or piping connected to any such tank, installed or replaced on and after July 1, 2013, shall be secondarily contained and monitored for leaks. (1) All secondary containment systems shall: (A) Be designed, constructed and installed to contain regulated substances released from the tank system until they are detected and removed;(B) prevent the release of regulated substances to the environment at any time during the operational life of the underground storage tank system; and(C) be checked for evidence of a release using interstitial monitoring.(2) Any installation or replacement of secondarily contained piping shall include installation of containment of the submersible pump, but the requirement for secondary containment shall not apply to safe suction piping or repairs to an underground storage tank, piping or dispenser that are meant to restore a tank, pipe or dispenser to operating condition.(b) The provisions of this section shall apply: (1) For a new underground storage tank system, to all underground storage tanks and connected pipes comprising the system, including systems comprised of multiple storage tanks or connected piping;(2) for the replacement of an existing underground storage tank or existing piping connected to an underground storage tank system, to the specific underground storage tank or piping being replaced and not to other underground storage tanks and connected pipes comprising such system;(3) to any new motor fuel dispenser system installed after June 30, 2013. Such system shall include under-dispenser spill containment. The containment must be: (A) Liquid tight on its sides, bottom and at any penetrations;(B) compatible with the substance conveyed by the piping; and(C) designed to allow for visual inspection and access to the components in the containment or to be monitored for a release of regulated substances from dispenser and piping.History: L. 2013, ch. 18, § 1; July 1.
KS Stat § 65-34,141 (2021)
2021 Kansas Statutes|Chapter 65 - Public Health|Article 34 - Solid And Hazardous Waste|65-34,141 Kansas drycleaner environmental response act; citation of act.

65-34,141. Kansas drycleaner environmental response act; citation of act. This act shall be known and may be cited as the Kansas drycleaner environmental response act.History: L. 1995, ch. 162, § 1; July 1.
KS Stat § 65-34,144 (2021)
2021 Kansas Statutes|Chapter 65 - Public Health|Article 34 - Solid And Hazardous Waste|65-34,144 Unlawful acts; penalties.

65-34,144. Unlawful acts; penalties. (a) It shall be unlawful for any person to:(1) Operate a drycleaning facility in violation of this act, rules and regulations adopted pursuant to this act or orders of the secretary pursuant to this act;(2) prevent or hinder a properly identified officer or employee of the department or other authorized agent of the secretary from entering, inspecting, sampling or responding to a release as authorized by this act;(3) knowingly make any false material statement or representation in any record, report or other document filed, maintained or used for the purpose of compliance with this act;(4) knowingly destroy, alter or conceal any record required to be maintained by this act or rules and regulations adopted under this act;(5) willfully allow a release or knowingly fail to make an immediate response to a release in accordance with this act and rules and regulations pursuant to this act.(b) The director of the division of environment, upon a finding that a person has violated a provision of subsection (a), may impose on such person an administrative penalty in an amount not to exceed $500 for every violation.(c) In assessing an administrative penalty under this section, the director of the division of environment shall consider, when applicable, the following factors:(1) The extent to which the violation presents a hazard to human health;(2) the extent to which the violation has or may have an adverse effect on the environment;(3) the amount of the reasonable costs incurred by the state in detection and investigation of the violation; and(4) the economic savings realized by the person in not complying with the provision for which a violation is charged.History: L. 1995, ch. 162, § 5; L. 1999, ch. 102, § 1; July 1.
KS Stat § 65-34,145 (2021)
2021 Kansas Statutes|Chapter 65 - Public Health|Article 34 - Solid And Hazardous Waste|65-34,145 Registration; fee; posting.

65-34,145. Registration; fee; posting. (a) Each owner of an operating drycleaning facility shall register annually with the department on a form provided by the department. The registration shall be accompanied by a fee of $100 for each operating drycleaning facility owned by the owner. The secretary shall remit the fees paid pursuant to this section to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the fund.(b) The owner of a drycleaning facility shall post the owner's registration number, in a manner prescribed by the secretary, in the public area of each operating drycleaning facility owned by the owner.History: L. 1995, ch. 162, § 6; L. 1999, ch. 102, § 3; L. 2001, ch. 5, § 250; July 1.
KS Stat § 65-34,146 (2021)
2021 Kansas Statutes|Chapter 65 - Public Health|Article 34 - Solid And Hazardous Waste|65-34,146 Trust fund; establishment; credits; expenditures.

65-34,146. Trust fund; establishment; credits; expenditures. (a) There is hereby established in the state treasury the drycleaning facility release trust fund. The fund shall be administered by the secretary. Moneys from the following sources shall be remitted to the state treasurer, in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the fund:(1) Any proceeds from the taxes and fees imposed by this act;(2) any interest attributable to investment of moneys in the drycleaning facility release trust fund;(3) moneys recovered by the state under the provisions of this act, including any moneys paid under an agreement with the secretary or as civil penalties; and(4) moneys received by the secretary in the form of gifts, grants, reimbursements or appropriations from any source intended to be used for the purposes of this act.(b) Moneys in the fund may be expended for only the following purposes and for no other governmental purpose:(1) The direct costs of administration and enforcement of this act; and(2) the costs of corrective action as provided in K.S.A. 65-34,148, and amendments thereto.(c) It is the intent of the legislature that the fund shall remain intact and inviolate for the purposes set forth in this act, and moneys in the fund shall not be subject to the provisions of K.S.A. 75-3722, 75-3725a and 75-3726a, and amendments thereto.(d) On or before the 10th day of each month, the director of accounts and reports shall transfer from the state general fund to the drycleaning facility release trust fund interest earnings based on: (1) The average daily balance of moneys in the drycleaning facility release trust fund for the preceding month; and (2) the net earnings rate for the pooled money investment portfolio for the preceding month.(e) All expenditures from the drycleaning facility release trust fund shall be made in accordance with appropriation acts upon warrants of the director of the accounts and reports issued pursuant to vouchers approved by the secretary for the purposes set forth in this section.History: L. 1995, ch. 162, § 7; L. 1998, ch. 123, § 2; L. 1999, ch. 102, § 2; L. 2001, ch. 5, § 251; July 1.
KS Stat § 65-34,147 (2021)
2021 Kansas Statutes|Chapter 65 - Public Health|Article 34 - Solid And Hazardous Waste|65-34,147 Same; criteria for expenditures.

65-34,147. Same; criteria for expenditures. It is the intent of the legislature that, to the maximum extent possible, moneys in the fund be utilized to address contamination resulting from releases of drycleaning solvents. The department is directed to administer the Kansas drycleaner environmental response act under the following criteria:(a) To the maximum extent possible, the department itself should deal with contamination from drycleaning facilities utilizing moneys in the fund. The department should discourage other units of government, both federal and local, including the United States environmental protection agency, from becoming involved in contamination problems resulting from releases from drycleaning facilities.(b) The department should make every reasonable effort to keep sites where drycleaning solvents are involved off of the national priorities list, as defined in 40 C.F.R. 300.5.(c) The department should not seek out contaminated drycleaning facility sites because of the existence of the fund or the other provisions of this act. The moneys are made available for use as sites are discovered in the normal course of the business of the agency.(d) Careful consideration should be given to interim or early corrective action which may result in an overall reduction of risk to human health and the environment and in the reduction of total costs of corrective action at a site. Such interim or early corrective action should receive consideration by the department as a high priority.(e) The department, in its discretion, may use innovative technology to perform corrective action.History: L. 1995, ch. 162, § 4; July 1.
KS Stat § 65-34,149 (2021)
2021 Kansas Statutes|Chapter 65 - Public Health|Article 34 - Solid And Hazardous Waste|65-34,149 Liability limitations.

65-34,149. Liability limitations. (a) The state of Kansas, the fund, the secretary or the department or agents or employees thereof, shall not be liable for loss of business, damages or taking of property associated with any corrective action taken pursuant to this act.(b) Nothing in this act shall establish or create any liability or responsibility on the part of the secretary, the department or the state of Kansas, or agents or employees thereof, to pay any corrective action costs from any source other than the fund or to take corrective action if the moneys in the fund are insufficient to do so.(c) To the extent that an owner or other person is eligible, under the provisions of this act, to have corrective action costs paid by the fund, no administrative or judicial claim may be made under state law against any such owner or other person by or on behalf of a state or local government or by any person to compel corrective action or seek recovery of the costs of corrective action which result from the release of drycleaning solvents from a drycleaning facility.(d) Moneys in the fund shall not be used for compensating third parties for bodily injury or property damage caused by a release from a drycleaning facility, other than property damage included in the corrective action plan approved by the secretary.History: L. 1995, ch. 162, § 8; July 1.