reglab/housing_qa huggingface dataset:
KS Stat § 65-34,152 (2021)
2021 Kansas Statutes|Chapter 65 - Public Health|Article 34 - Solid And Hazardous Waste|65-34,152 Imposition of taxes and fees dependent on fund balance.

65-34,152. Imposition of taxes and fees dependent on fund balance. (a) Whenever on April 1 of any year the unobligated principal balance of the fund equals or exceeds $6,000,000, the taxes and fees imposed by K.S.A. 65-34,150 and 65-34,151, and amendments thereto, shall not be levied on or after the next July 1. Whenever on April 1 of any year thereafter the unobligated principal balance of the fund equals $4,000,000 or less, the taxes and fees imposed by K.S.A. 65-34,150 and 65-34,151, and amendments thereto, shall again be levied on and after the next July 1.(b) The director of accounts and reports, not later than April 5 of each year, shall notify the secretary of revenue of the amount of the unobligated balance of the fund on April 1 of such year. Upon receipt of the notice, the secretary of revenue shall notify taxpayers under K.S.A. 65-34,150 and 65-34,151, and amendments thereto, if the levy of taxes and fees under those sections will terminate or recommence on the following July 1.History: L. 1995, ch. 162, § 12; L. 1999, ch. 102, § 7; July 1.
KS Stat § 65-34,153 (2021)
2021 Kansas Statutes|Chapter 65 - Public Health|Article 34 - Solid And Hazardous Waste|65-34,153 Review of secretary's orders and decisions.

65-34,153. Review of secretary's orders and decisions. (a) Any person adversely affected by any order or decision of the director of the division of environment or the secretary under this act may, within 15 days of service of the order or decision, make a written request for 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 final action of the secretary pursuant to this act may obtain a review of the action in accordance with the Kansas judicial review act.History: L. 1995, ch. 162, § 13; L. 1999, ch. 102, § 8; L. 2010, ch. 17, § 156; July 1.
KS Stat § 65-34,154 (2021)
2021 Kansas Statutes|Chapter 65 - Public Health|Article 34 - Solid And Hazardous Waste|65-34,154 Annual report to legislature.

65-34,154. Annual report to legislature. On or before the first day of the regular legislative session each year, the secretary shall submit to the members of the standing committee on energy and natural resources of the senate and to the members of the standing committee on environment of the house of representatives a report regarding:(a) Receipts of the fund during the preceding calendar year and the sources of the receipts;(b) disbursements from the fund during the preceding calendar year and the purposes of the disbursements;(c) the extent of corrective action taken under this act during the preceding calendar year; and(d) the prioritization of sites for expenditures from the fund.History: L. 1995, ch. 162, § 14; L. 1998, ch. 182, § 25; May 21.
KS Stat § 65-34,155 (2021)
2021 Kansas Statutes|Chapter 65 - Public Health|Article 34 - Solid And Hazardous Waste|65-34,155 Severability.

65-34,155. Severability. If any provision of this act or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of this act which can be given effect without the invalid provision or application. To this end, the provisions of this act are severable.History: L. 1995, ch. 162, § 15; July 1.
KS Stat § 65-34,161 (2021)
2021 Kansas Statutes|Chapter 65 - Public Health|Article 34 - Solid And Hazardous Waste|65-34,161 Title and application.

65-34,161. Title and application. This act shall be known and may be cited as the voluntary cleanup and property redevelopment act and shall apply to real property where environmental cleanup may be needed.History: L. 1997, ch. 137, § 1; July 1.
KS Stat § 65-34,162 (2021)
2021 Kansas Statutes|Chapter 65 - Public Health|Article 34 - Solid And Hazardous Waste|65-34,162 Definitions.

65-34,162. Definitions. As used in this act:(a) "Contaminant" means such alteration of the physical, chemical or biological properties of any soils and waters of the state as will or is likely to create a nuisance or render such soils or waters potentially harmful, or injurious to public health, safety or welfare, or to the plant, animal or aquatic life of the state.(b) "Department" means the department of health and environment.(c) "Secretary" means the secretary of health and environment.History: L. 1997, ch. 137, § 2; July 1.
KS Stat § 65-34,163 (2021)
2021 Kansas Statutes|Chapter 65 - Public Health|Article 34 - Solid And Hazardous Waste|65-34,163 Rules and regulations.

65-34,163. Rules and regulations. The secretary may adopt rules and regulations necessary to define, administer and enforce the provisions of this act.History: L. 1997, ch. 137, § 3; July 1.
KS Stat § 65-34,164 (2021)
2021 Kansas Statutes|Chapter 65 - Public Health|Article 34 - Solid And Hazardous Waste|65-34,164 Voluntary application; application of other laws; eligible property.

65-34,164. Voluntary application; application of other laws; eligible property. (a) The program established in this act shall be voluntary and may be initiated by submission of an application to the department for properties where investigation and remediation may be necessary to protect human health or the environment based upon the current or proposed future use or redevelopment of the property.(b) Property which may be eligible for reimbursement from trust funds established in the Kansas storage tank act, K.S.A. 65-34,100 et seq., and amendments thereto, or the Kansas drycleaner environmental response act, K.S.A. 65-34,141 et seq., and amendments thereto, shall meet all of the requirements of the respective act.(c) The provisions of this act shall not apply to:(1) Property that is listed or proposed for listing on the national priorities list of superfund sites established under the comprehensive environmental response, compensation, and liability act (CERCLA), 42 U.S.C.A. 9601 et seq.;(2) property the contaminated portion of which is the subject of:(A) Enforcement action issued pursuant to city, county, state or federal environmental laws; or(B) environmental orders or agreements with city, county, state or federal governmental agencies;(3) a facility which has or should have a permit pursuant to the resource, conservation and recovery act (RCRA), 42 U.S.C.A. 6901 et seq., which contains a corrective action component;(4) oil and gas activities regulated by the state corporation commission;(5) property that presents an immediate and significant risk of harm to human health or the environment; or(6) property that the department determines to be a substantial threat to public or private drinking water wells.History: L. 1997, ch. 137, § 4; July 1.
KS Stat § 65-34,166 (2021)
2021 Kansas Statutes|Chapter 65 - Public Health|Article 34 - Solid And Hazardous Waste|65-34,166 Remedial action; determination whether required; plan.

65-34,166. Remedial action; determination whether required; plan. (a) The department shall review reports, including any environmental assessments and investigations submitted by the applicant, and make a determination as to any required actions. If the department determines that no remedial action is necessary, the department may issue a no further action determination pursuant to K.S.A. 65-34,169.(b) If the department determines that further investigation or remediation is required, the applicant shall submit to the department a voluntary cleanup plan that follows the scope of work prepared by the department for voluntary investigation or remediation and includes the actions necessary to address the contamination.History: L. 1997, ch. 137, § 6; July 1.
KS Stat § 65-34,167 (2021)
2021 Kansas Statutes|Chapter 65 - Public Health|Article 34 - Solid And Hazardous Waste|65-34,167 Same; alternatives; factors considered.

65-34,167. Same; alternatives; factors considered. Remedial alternatives shall be based on the actual risk to human health and the environment currently posed by contaminants, considering the following factors:(a) The present and proposed future uses of the property and surrounding properties;(b) the ability of the contaminants to move in a form and manner which would result in exposure to humans and the surrounding environment at levels which exceed applicable state standards and guidelines or which exceed acceptable contaminant concentrations as determined by a risk analysis that evaluates the property and surrounding properties as a whole; and(c) the potential risks associated with proposed cleanup alternatives and the reliability and economic and technical feasibility of such alternatives.History: L. 1997, ch. 137, § 7; L. 2015, ch. 29, § 2; July 1.
KS Stat § 65-34,169 (2021)
2021 Kansas Statutes|Chapter 65 - Public Health|Article 34 - Solid And Hazardous Waste|65-34,169 Determination no further action required; issuance; void, when.

65-34,169. Determination no further action required; issuance; void, when. (a) After an applicant completes the requirements of this act, the department may determine that no further remedial action is required. Within 60 days after such completion, unless the applicant and the department agree to an extension of the time for review, the department shall provide written notification that a no further action determination has been made.(b) The department may consider in issuing this determination that contamination or a release of contamination originates from a source on another property.(c) The issuance of a no further action determination by the department applies only to identified conditions on the property and is based upon applicable statutes and rules and regulations that exist as of the time of completion of the requirements.(d) The department may determine that the no further action determination, under this section is void if:(1) There is any evidence of fraudulent representation, false assurances, concealment or misrepresentation of the data in any document to be submitted to the department under this act;(2) the applicant agrees to perform any action approved by the department and fails to perform such action;(3) the applicant's willful and wanton conduct contributes to known environmental contamination; or(4) the applicant fails to complete the voluntary actions required in the voluntary cleanup plan.(e) If a no further action determination is not issued by the department, the department shall promptly provide the applicant with a written statement of the reasons for denial.History: L. 1997, ch. 137, § 9; L. 2015, ch. 29, § 4; July 1.
KS Stat § 65-34,171 (2021)
2021 Kansas Statutes|Chapter 65 - Public Health|Article 34 - Solid And Hazardous Waste|65-34,171 Application of other laws; EPA involvement.

65-34,171. Application of other laws; EPA involvement. (a) Nothing in this act shall absolve any person from obligations under any other law or rule and regulation, including any requirement to obtain permits or approvals for work performed under a voluntary cleanup plan.(b) If the federal environmental protection agency (EPA) indicates that it is investigating a property which is the subject of an approved voluntary cleanup plan, the department shall attempt to obtain agreement with the EPA that the property be addressed under the appropriate state program or, in the case of property being addressed through a voluntary cleanup plan, that no further federal action be taken with respect to the property at least until the voluntary cleanup plan is completely implemented.History: L. 1997, ch. 137, § 11; July 1.
KS Stat § 65-34,172 (2021)
2021 Kansas Statutes|Chapter 65 - Public Health|Article 34 - Solid And Hazardous Waste|65-34,172 Plan; enforcement; use of information as basis of other enforcement actions.

65-34,172. Plan; enforcement; use of information as basis of other enforcement actions. (a) Voluntary cleanup plans are not enforceable against an applicant unless the department can demonstrate that an applicant who initiated a voluntary cleanup under an approved plan has failed to fully implement that plan. In that case, the department may require further action if such action is authorized by other state statutes administered by the department or rules and regulations of the department.(b) Information provided by an applicant to support a voluntary cleanup plan shall not provide the department with an independent basis to seek penalties from the applicant pursuant to applicable statutes or rules and regulations. If, pursuant to other applicable statutes or rules and regulations, the department initiates an enforcement action against the applicant subsequent to the submission of a voluntary cleanup plan regarding the contamination addressed in the plan, the voluntary disclosure of the information in the plan shall be considered by the enforcing authority to mitigate penalties which could be assessed to the applicant.History: L. 1997, ch. 137, § 12; July 1.
KS Stat § 65-34,173 (2021)
2021 Kansas Statutes|Chapter 65 - Public Health|Article 34 - Solid And Hazardous Waste|65-34,173 Annual report.

65-34,173. Annual report. The department shall publish annually in the Kansas register a summary of the number of applicants, the general categories of those applicants and the number of cleanups completed pursuant to this act.History: L. 1997, ch. 137, § 13; July 1.
KS Stat § 65-34,174 (2021)
2021 Kansas Statutes|Chapter 65 - Public Health|Article 34 - Solid And Hazardous Waste|65-34,174 Severability.

65-34,174. Severability. If any provision 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. 1997, ch. 137, § 14; July 1.
KS Stat § 65-34,175 (2021)
2021 Kansas Statutes|Chapter 65 - Public Health|Article 34 - Solid And Hazardous Waste|65-34,175 Environmental stewardship fund; expenditures.

65-34,175. Environmental stewardship fund; expenditures. (a) There is hereby created in the state treasury the environmental stewardship fund. All moneys received pursuant to K.S.A. 65-34,117(b)(5), and amendments thereto, shall be deposited into the environmental stewardship fund.(b) Fund expenditures from the environmental stewardship fund shall be used by the secretary of the department of health and environment for:(1) The secretary of health and environment to take whatever emergency action necessary or appropriate in response to an environmental threat to public health or safety;(2) state-led programs to investigate, monitor, remediate and perform long-term care actions;(3) state matching funds and long-term care actions at federal remedial actions; and(4) the administrative, personnel and contractual service expenses incurred in undertaking the provisions of this section.(c) The secretary of the department of health and environment shall undertake cost recovery actions for expenditures from the environmental stewardship fund if a responsible party is identified.(d) The environmental stewardship fund shall be used for the purposes set forth in this act and for no other governmental purposes. Moneys in the environmental stewardship fund shall not be subject to the provisions of K.S.A. 75-3722, 75-3725a and 75-3726a, and amendments thereto.(e) All such expenditures from the environmental stewardship 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 of health and environment or the secretary's designee.History: L. 2015, ch. 26, § 1; July 1.
KS Stat § 65-34,177 (2021)
2021 Kansas Statutes|Chapter 65 - Public Health|Article 34 - Solid And Hazardous Waste|65-34,177 Contaminated property redevelopment act; citation of act.

65-34,177. Contaminated property redevelopment act; citation of act. The intent of this act is to provide a mechanism to allow real property with environmental contamination to be purchased without the purchaser becoming liable for cleanup costs. This act establishes the contaminated property redevelopment fund to help municipalities redevelop contaminated and potentially contaminated properties. This act shall be known and may be cited as the contaminated property redevelopment act.History: L. 2016, ch. 70, § 1; July 1.
KS Stat § 65-34,178 (2021)
2021 Kansas Statutes|Chapter 65 - Public Health|Article 34 - Solid And Hazardous Waste|65-34,178 Same; definitions.

65-34,178. Same; definitions. As used in this act:(a) "Certificate of environmental liability release" or "CELR" means a certificate issued by the department that releases the purchaser from environmental liability for contamination existing at the time of issuance of the CELR on a property from actions taken by the bureau of environmental remediation under K.S.A. 65-159, 65-161 through 65-171z, 65-3401 et seq., 65-3430 et seq. and 65-3452a et seq., and amendments thereto.(b) "Department" means the Kansas department of health and environment.(c) "Owner" means any owner of record of property or authorized representative.(d) "Person" means any individual, trust, firm, joint stock company, public or private corporation, limited liability company or partnership; the federal government or any agency or instrumentality thereof; any state, or any agency, instrumentality or political or taxing subdivision thereof; or any interstate body.(e) "Property" means real property.(f) "Purchaser" means any person who is acquiring property through purchase, foreclosure or default. For purposes of this act, "purchaser" does not include the federal government or a person who acquires property through gifts, bequests or inheritance.(g) "Secretary" means the secretary of health and environment.(h) "Site" means all areas and media to which environmental contamination or pollution has been released, transported or migrated.History: L. 2016, ch. 70, § 2; July 1.
KS Stat § 65-34,179 (2021)
2021 Kansas Statutes|Chapter 65 - Public Health|Article 34 - Solid And Hazardous Waste|65-34,179 Same; eligibility.

65-34,179. Same; eligibility. (a) A property shall be eligible for a CELR from the department if the purchaser submits a complete application to the department and the department finds that:(1) The property is contaminated, not including contamination resulting from radon, lead-based paint or asbestos;(2) the purchaser is not the party responsible for the contamination;(3) the property is:(A) Not currently owned by the purchaser;(B) currently owned by the purchaser and was acquired through seizure, condemnation, foreclosure or default; or(C) currently owned by the purchaser and the purchaser is the state of Kansas and any department or branch of state government, or any agency, authority, institution or other instrumentality thereof; or any county, township, city, school district or other political or taxing subdivision of the state, or any agency, authority, institution or other instrumentality thereof;(4) if the purchaser is a current owner, the purchaser could not have reasonably foreseen the threat of contamination and failed to take reasonable steps to prevent the contamination;(5) there is no direct or indirect familial relationship or any contractual, corporate or financial relationship between the purchaser and the owner or the party responsible for the contamination, other than that by which such purchaser's interest in the property was conveyed or financed; and(6) the property is not ineligible for a CELR pursuant to the provisions of K.S.A. 65-34,180, and amendments thereto, and the purchaser has met the conditions required by K.S.A. 65-34,180, and amendments thereto.(b) It shall be the sole responsibility of the purchaser to provide the needed documentation to the department for the department to make an eligibility determination. These documents shall include:(1) Phase I or Phase II environmental reports that are completed within industry standards;(2) environmental assessment reports that are completed within industry standards; or(3) other reports that will expedite the department's determination requested by the department.(c) In making eligibility determinations, the department shall have authority to consider such additional factors as deemed relevant by the department, including the current and potential future use of the property.(d) The department shall make a determination of eligibility or noneligibility within 15 business days of receiving the application and all required information.(e) Only property acquired after July 1, 2016, shall be eligible for a CELR.History: L. 2016, ch. 70, § 3; July 1.
KS Stat § 65-34,180 (2021)
2021 Kansas Statutes|Chapter 65 - Public Health|Article 34 - Solid And Hazardous Waste|65-34,180 Same; requirements by the department.

65-34,180. Same; requirements by the department. (a) In addition to the findings required for a determination of eligibility by the department pursuant to K.S.A. 65-34,179, and amendments thereto, the department shall only grant a CELR upon the following conditions:(1) The department determines that the purchaser has not caused or exacerbated and will not exacerbate the contamination on the property;(2) the purchaser agrees to disclose the CELR to subsequent purchasers until the property can be used for unrestricted use;(3) the purchaser agrees to reasonable access for future environmental investigation and remediation by the department or other party performing investigation and remediation under the oversight of the department; and(4) the purchaser agrees to provide the department notification within 30 days of any transfer or sale of property that is subject to a CELR.(b) Property shall not be eligible for a CELR if:(1) The contamination on the property is subject to regulation under the nuclear energy development and radiation control act, K.S.A. 48-1601 et seq., and amendments thereto;(2) the property is the source of the contamination and it is eligible for cleanup under the Kansas storage tank act, K.S.A. 65-34,100 et seq., or the Kansas drycleaner environmental response act, K.S.A. 65-34,141 et seq., and amendments thereto, unless the site has been enrolled into the appropriate cleanup program under such acts as applicable;(3) the property is the source of the contamination and it is listed or proposed for listing on the national priorities list of superfund sites established under the comprehensive environmental response, compensation and liability act (CERCLA) (42 U.S.C.A. § 9601 et seq.);(4) the purchaser has entered into or is the subject of one or more contracts, agreements or orders with the intended purpose of performing investigation or remediation of contamination at the property; or(5) the purchaser has provided indemnification or release of environmental liability to any other party regarding contamination at the property.(c) A CELR does not relieve the holder of requirements or duties of an applicable environmental use control agreement or risk management plan.History: L. 2016, ch. 70, § 4; July 1.
KS Stat § 65-34,181 (2021)
2021 Kansas Statutes|Chapter 65 - Public Health|Article 34 - Solid And Hazardous Waste|65-34,181 Same; fees.

65-34,181. Same; fees. The purchaser shall submit payment to the department of a fee with the CELR application. The fee for the CELR shall be determined by the department by rules and regulations, but shall not exceed $2,000 and shall be based on the size and complexity of the site and property as determined by the department. If a CELR is not issued by the department, a refund shall be issued to the purchaser less the amount expended by the department to review and process the application.History: L. 2016, ch. 70, § 5; July 1.