reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 65 - Public Health › Article 34 - Solid And Hazardous Waste › 65-3455 Responsibility for payment of clean-up costs; actions to recover costs.

65-3455.
Responsibility for payment of clean-up costs; actions to recover costs.
Any person responsible for the discharge, abandonment or disposal of hazardous substances which the secretary determines is necessary to be cleaned up pursuant to K.S.A. 65-3453 and amendments thereto shall be responsible for the payment of the costs of investigation to determine whether remedial action is necessary at the site. If remedial action is required to protect the public health and environment, the costs of that remedial action shall be borne by the responsible party. If the secretary incurs costs or expends funds for such activities, the responsible person shall be notified of such costs and expenditures and shall make repayment of all costs incurred for response to the site in accordance with K.S.A. 65-3454a and amendments thereto. If the responsible person fails to pay for such costs, such payment or repayment shall be recoverable in an action brought by the secretary in the district court of Shawnee county. Any money recovered under this section shall be deposited in the environmental response fund.
History:
L. 1984, ch. 219, § 4; L. 1988, ch. 256, § 4; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 34 - Solid And Hazardous Waste › 65-3456a Review of secretary's actions or decisions.

65-3456a.
Review of secretary's actions or decisions.
(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. 1988, ch. 256, § 5; L. 2010, ch. 17, § 150; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 34 - Solid And Hazardous Waste › 65-3457a Existing law regarding oil and gas pollution not affected.

65-3457a.
Existing law regarding oil and gas pollution not affected.
Nothing in this act shall be construed to affect any existing laws concerning activities relating to the protection of surface water and groundwater from oil and gas activities.
History:
L. 1988, ch. 256, § 6; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 34 - Solid And Hazardous Waste › 65-3458 Burial prohibited; exceptions; procedure.

65-3458. Burial prohibited; exceptions; procedure.
(a) The underground burial of hazardous waste produced by persons generating quantities of such waste greater than those specified in K.S.A. 65-3451, and amendments thereto, is prohibited except as provided by order of the secretary of health and environment issued pursuant to this act. Such prohibition shall not be construed as prohibiting (1) mound landfill, (2) aboveground storage, (3) land treatment, (4) underground injection of hazardous waste or (5) on-site disposal or consolidation of solid and hazardous wastes, including soils, sediments and debris, if the wastes are generated as the result of a clean-up, approved by the secretary, at the site, which may include adjacent or nearby property under separate ownership that is part of the approved clean-up. Any existing hazardous waste facility which utilizes underground burial shall cease such practice and, with the approval of the secretary, shall implement closure and postclosure plans for all units of the facility in which hazardous wastes have been disposed of underground.
(b) (1) The secretary shall decide whether or not an exception to the prohibition against underground burial of hazardous waste shall be granted for a particular hazardous waste. No decision to grant an exception shall be rendered unless it is demonstrated to the secretary that, except for underground burial, no economically reasonable or technologically feasible methodology exists for the disposal of a particular hazardous waste. The procedures for obtaining an exception to the prohibition against underground burial of hazardous waste shall include a public hearing conducted in accordance with the provisions of the Kansas administrative procedure act and such other procedures as are established and prescribed by rules and regulations adopted by the secretary. Such rules and regulations shall include requirements for the form and contents of a petition desiring an exception.
(2) Within 90 days after submission of a petition desiring an exception, and if the secretary decides to grant an exception to the prohibition against underground burial of hazardous waste, the secretary of health and environment shall issue an order so providing. Any action by the secretary pursuant to this section is subject to review in accordance with the Kansas judicial review act.
History:
L. 1985, ch. 219, § 1; L. 1986, ch. 318, § 107; L. 1988, ch. 356, § 211; L. 2000, ch. 103, § 12; L. 2010, ch. 17, § 151; L. 2014, ch. 26, § 1; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 34 - Solid And Hazardous Waste › 65-3460 Voluntary local hazardous waste programs; duties of the secretary; rules and regulations; reports.

65-3460.
Voluntary local hazardous waste programs; duties of the secretary; rules and regulations; reports.
(a) In order to (1) provide for the safe disposal of small quantities of hazardous waste in the possession of homeowners, householders, farmers and exempt small quantity hazardous waste generators in amounts not exceeding the amount prescribed in K.S.A. 65-3451 and amendments thereto; (2) educate the public about the dangers posed by hazardous waste; and (3) encourage local units of government to develop local hazardous waste collection programs either individually or jointly, the secretary of health and environment may coordinate voluntary hazardous waste collection programs to ensure the safe collection and disposal of such waste.
(b) The secretary of health and environment may adopt rules and regulations for conducting both hazardous temporary and permanent waste collection programs. The secretary shall supervise the program and ensure that the local unit of government contracts with a bonded waste handling company approved by the secretary for implementation of the program.
(c) The secretary of health and environment may receive moneys for use as grants to help defray the expense of operating hazardous waste collection programs. Any money received to defray the cost of the programs shall be deposited in the state treasury and credited to the hazardous waste collection fund, which is hereby created. Costs and expenses arising from the implementation of this section shall be paid from such fund.
(d) Not later than the first day of each legislative session, the secretary of health and environment shall submit to the speaker of the house of representatives and the president of the senate a report on hazardous waste collection programs carried out under this section during the preceding calendar year.
History:
L. 1989, ch. 199, § 1; L. 1995, ch. 221, § 7; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 34 - Solid And Hazardous Waste › 65-3471 Definitions.

65-3471.
Definitions.
When used in this act, the following words and phrases shall have the following meanings:
(a) "Discharge" means and includes leakage, seepage or other release.
(b) "Hazardous materials" means a substance or material which has been determined by the secretary of the United States department of transportation to be capable of posing an unreasonable risk to health, safety and property when transported in commerce and which has been so designated.
(c) "Person" means and includes any individual, partnership, corporation, association or other entity.
History:
L. 1984, ch. 220, § 1; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 34 - Solid And Hazardous Waste › 65-3472 Immunity; exceptions.

65-3472.
Immunity; exceptions.
(a) Any person who renders assistance or advice concerning an emergency or accident involving threatened discharge of hazardous materials or the cleanup thereof shall not be liable for any civil damages for any acts or omissions at the scene of the emergency or accident in mitigating or attempting to mitigate the actual or threatened discharge of hazardous materials or cleanup thereof.
(b) The immunity provided in subsection (a) shall not apply to any person (1) whose act or omission caused in whole or in part such actual or threatening discharge and who would otherwise be liable therefor; or (2) who receives compensation other than reimbursement for out-of-pocket expenses for services in rendering such assistance or advice.
(c) Nothing in this section shall be construed to limit or otherwise affect the liability of any person for damages resulting from such person's gross negligence or from such person's reckless, wanton or intentional misconduct.
History:
L. 1984, ch. 220, § 2; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 34 - Solid And Hazardous Waste › 65-34,100 Kansas storage tank act; statement of legislative findings.

65-34,100.
Kansas storage tank act; statement of legislative findings.
The legislature finds that:
(a) Protection of the environment of this state promotes the health and general welfare of the citizens of this state; and
(b) the state's responsibility to promote the public health and welfare requires a comprehensive approach to protect the environment by preventing and remedying the pollution of the state's natural resources and providing funding of the management, conservation and development of those resources.
History:
L. 1989, ch. 186, § 1; May 18.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 34 - Solid And Hazardous Waste › 65-34,101 Same; citation of act.

65-34,101.
Same; citation of act.
K.S.A. 65-34,101 through 65-34,124 shall be known and may be cited as the Kansas storage tank act.
History:
L. 1989, ch. 186, § 2; May 18.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 34 - Solid And Hazardous Waste › 65-34,103 Exceptions to application of act.

65-34,103. Exceptions to application of act.
Except as provided in K.S.A. 65-34,119, and amendments thereto, the Kansas storage tank act shall not apply to:
(a) Farm or residential tanks of 1,100 gallons or less capacity used for storing motor fuel for noncommercial purposes;
(b) tanks used for storing heating oil for consumptive use on a single family residential premise where stored;
(c) a pipeline facility, including gathering lines, regulated under:
(1) U.S.C. 49 chapters 601 and 603 and which is determined by the secretary of transportation to be connected to a pipeline, or to be operated or intended to be capable of operating at pipeline pressure, or as an integral part of a pipeline; or
(2) state laws relating to intrastate pipelines comparable to the provisions of law referred to in subsection (c)(1);
(d) surface impoundments, pits, ponds, septic tanks or lagoons;
(e) storm water or waste water collection systems;
(f) flow-through process tanks;
(g) liquid traps, storage tanks or associated gathering lines directly related to oil or gas production and gathering operations;
(h) aboveground storage tanks of agricultural materials regulated by the Kansas department of agriculture;
(i) aboveground storage tanks located at a petroleum refining facility;
(j) pipeline terminals;
(k) aboveground tanks of less than 660 gallons capacity;
(l) storage tanks associated with oil and natural gas production; and
(m) electrical equipment which has as part of its design a storage tank containing one or more regulated substances.
History:
L. 1989, ch. 186, § 4; L. 1992, ch. 311, § 2; L. 2004, ch. 101, § 104; L. 2013, ch. 18, § 3; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 34 - Solid And Hazardous Waste › 65-34,104 Same; notification to department of tank's existence; form.

65-34,104.
Same; notification to department of tank's existence; form.
(a) Each owner of a storage tank shall notify the department of the tank's existence, including age, size, type, location, associated equipment and uses.
(b) In addition and to the extent known, each owner of an underground storage tank which has not been removed, but was taken out of service after January 1, 1974, and prior to May 8, 1986, shall notify the department of the date the tank was taken out of operation, the age of the tank on the date taken out of operation, the capacity, type and location of the tank, and the type and quantity of substances stored in the tank on the date taken out of operation.
(c) Notice shall be made on an approved form provided by the department.
History:
L. 1989, ch. 186, § 5; May 18.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 34 - Solid And Hazardous Waste › 65-34,106 Permit to construct, install, modify or operate storage tank.

65-34,106.
Permit to construct, install, modify or operate storage tank.
(a) No person shall construct, install, modify or operate a storage tank unless a permit or other approval is obtained from the secretary. Applications for permits shall include proof that the required performance standards will be met and applications for underground storage tank permits shall include evidence of financial responsibility. For purposes of administering this section, any underground storage tank registered with the department on May 18, 1989, and any aboveground storage tank registered with the department on July 1, 1992, shall be deemed to be a permitted storage tank so long as the owner or operator shall comply with all applicable provisions of this act.
(b) Permits may be transferred upon acceptance of the permit obligations by the person who is to assume the ownership or operational responsibility of the storage tank from the previous owner or operator. The department shall furnish a transfer of permit form providing for acceptance of the permit obligations. A transfer of permit form shall be submitted to the department not less than seven days prior to the transfer of ownership or operational responsibility of the storage tank.
(c) The secretary may deny, suspend or revoke any permit issued or authorized pursuant to this act if the secretary finds, after notice and the opportunity for a hearing conducted in accordance with the Kansas administrative procedure act, that the person has:
(1) Fraudulently or deceptively obtained or attempted to obtain a storage tank permit;
(2) failed at any time to maintain a storage tank in accordance with the requirements of this act or any rule and regulation promulgated hereunder;
(3) failed at any time to comply with the requirements of this act or any rule and regulation promulgated hereunder; or
(4) failed at any time to make any retrofit or improvement to a storage tank which is required by this act or any rule and regulation promulgated hereunder.
(d) Any person aggrieved by an order of the secretary may appeal the order in accordance with provisions of the Kansas judicial review act.
History:
L. 1989, ch. 186, § 7; L. 1992, ch. 311, § 5; L. 2010, ch. 17, § 153; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 34 - Solid And Hazardous Waste › 65-34,107 Same; evidence of financial responsibility required; limitation of liability.

65-34,107.
Same; evidence of financial responsibility required; limitation of liability.
(a) Each owner or operator of an underground storage tank shall provide evidence of financial responsibility.
(b) If the owner or operator is in bankruptcy, reorganization or arrangement pursuant to the federal bankruptcy law, or if jurisdiction in any state or federal court cannot be obtained over an owner or operator likely to be solvent at the time of judgment, any claim arising from conduct for which evidence of financial responsibility must be provided under this act may be asserted directly against the guarantor providing the evidence of financial responsibility. In the case of action pursuant to this subsection, the guarantor is entitled to invoke all rights and defenses which would have been available to the owner or operator if any action had been brought against the owner or operator by the claimant and which would have been available to the guarantor if any action had been brought against the guarantor by the owner or operator.
(c) The total liability of a guarantor shall be limited to the aggregate amount which the guarantor has provided as evidence of financial responsibility to the owner or operator under this section. This subsection does not limit any other state or federal statutory, contractual or common law liability of a guarantor to its owner or operator, including, but limited to, the liability of the guarantor for bad faith in negotiating or in failing to negotiate the settlement of any claim. This subsection does not diminish the liability of any person under section 107 or 111 of the comprehensive environmental response, compensation and liability act of 1980, or other applicable law.
History:
L. 1989, ch. 186, § 8; May 18.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 34 - Solid And Hazardous Waste › 65-34,108 Enforcement of act; duties of owner or operator; records, reports, documents, other information.

65-34,108.
Enforcement of act; duties of owner or operator; records, reports, documents, other information.
(a) For the purposes of developing or assisting in the development of any rule and regulation, conducting any study or enforcing the provisions of this act:
(1) It shall be the duty of any owner or operator of a storage tank, upon the request of any duly authorized representative of the secretary made at any reasonable time, to furnish information relating to the storage tank, including tank equipment and contents, to conduct monitoring or testing, to permit such authorized representative to have access to and to copy all records relating to such tank.
(2) Any authorized representative of the secretary is authorized to enter at reasonable times any establishment or place where a storage tank is located, to inspect and obtain samples from any person of any regulated substance contained in such storage tank, and to conduct or require the owner or operator to conduct monitoring or testing of such storage tank, associated equipment, tank contents or surrounding soils, air, surface water or groundwater.
(b) Each inspection shall be commenced and completed with reasonable promptness.
(c) Any records, reports, documents or information obtained from any person under this act shall be available to the public except as provided in this section.
(d) Any person submitting any records, reports, documents or information required by this act, may, upon a showing satisfactory to the secretary, claim any portion of such record, report, document or information confidential as a trade secret. The department shall establish procedures to insure that trade secrets are utilized by the secretary or any authorized representative of the secretary only in connection with the responsibilities of the department pursuant to this act. Trade secrets shall not be otherwise used or disseminated by the secretary or any representative of the secretary without the consent of the person furnishing the information.
(e) Notwithstanding any limitation contained in this section, all information reported to, or otherwise obtained by the department under this act, shall be made available to the administrator of the United States environmental protection agency, or an authorized representative of the administrator, upon written request. In submitting any trade secrets to such administrator or the authorized representative of such administrator, the secretary shall submit the claim of confidentiality to the administrator or authorized representative of the administrator.
History:
L. 1989, ch. 186, § 9; L. 1992, ch. 311, § 6; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 34 - Solid And Hazardous Waste › 65-34,109 Unlawful acts; penalties.

65-34,109.
Unlawful acts; penalties.
(a) It shall be unlawful for any owner or operator of a storage tank to deposit, store or dispense, or permit any person to deposit, store or dispense, any regulated substance into such storage tank which does not comply with the provisions of this act, the rules and regulations promulgated hereunder, or any order of the secretary.
(b) It shall be unlawful for any person to:
(1) Construct, install, modify or operate a storage tank without any required permit or other written approval from the secretary or otherwise be in violation of the rules and regulations, standards or orders of the secretary;
(2) prevent or hinder a properly identified officer or employee of the department or other authorized agent of the secretary from entering, inspecting or sampling at a facility on which a storage tank is located or from copying records concerning such storage tank as authorized by this act;
(3) knowingly make any false material statement or representation in any application, record, report, permit or other document filed, maintained or used for purposes of compliance with this act;
(4) knowingly destroy, alter or conceal any record required to be maintained by this act or rules and regulations promulgated hereunder;
(5) knowingly allow a release, knowingly fail to report a release or knowingly fail to take corrective action in response to a release of a regulated substance in violation of this act or rules and regulations promulgated hereunder; or
(6) deposit, store or dispense any regulated substance into any storage tank which does not comply with the provisions of this act, or the rules and regulations promulgated hereunder, after written notice by certified mail has been supplied by the secretary that such storage tanks do not comply with the provisions of the act or such rules and regulations.
(c) Any person who violates any provision of subsection (a) or (b) shall be guilty of a class A misdemeanor and, upon conviction thereof, shall be punished as provided by law.
History:
L. 1989, ch. 186, § 10; L. 1992, ch. 311, § 7; L. 2003, ch. 12, § 1; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 34 - Solid And Hazardous Waste › 65-34,111 Same; denial, suspension or revocation of license, when.

65-34,111.
Same; denial, suspension or revocation of license, when.
The secretary may deny any license applied for, or suspend or revoke any license issued, pursuant to K.S.A. 65-34,110 if the secretary finds, after notice and the opportunity for a hearing conducted in accordance with the provisions of the Kansas administrative procedure act, that the applicant or licensee, whichever is applicable, has:
(a) Fraudulently or deceptively obtained or attempted to obtain a license;
(b) failed at any time to meet the qualifications for a license or to comply with any provision or requirement of this act or of any rule and regulation adopted thereunder; or
(c) failed to comply with local requirements of any jurisdiction within which the licensee has installed, repaired or removed an underground storage tank.
History:
L. 1989, ch. 186, § 12; May 18.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 34 - Solid And Hazardous Waste › 65-34,112 Same; agreements between secretary and local governments or agencies thereof to act as secretary's agent to carry out provisions of act.

65-34,112.
Same; agreements between secretary and local governments or agencies thereof to act as secretary's agent to carry out provisions of act.
The secretary and the governing body of any city, county or other political subdivision may enter into agreements authorizing the local fire department, building inspection department, health department, department of environmental control or other municipal, county or local governmental agency, to act as the secretary's agent to carry out the provisions of this act under such terms and conditions as the secretary shall prescribe.
History:
L. 1989, ch. 186, § 13; May 18.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 34 - Solid And Hazardous Waste › 65-34,115 Liability for costs of corrective action.

65-34,115.
Liability for costs of corrective action.
Except as otherwise provided in this act, an owner or operator of a petroleum storage tank, or both, shall be liable for all costs of corrective action taken in response to a release from such petroleum storage tank. Eligibility to participate in the underground fund may be submitted as evidence of financial responsibility required of owners and operators of underground petroleum storage tanks.
History:
L. 1989, ch. 186, § 16; L. 1992, ch. 311, § 11; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 34 - Solid And Hazardous Waste › 65-34,119a Retroactive reimbursement from underground fund.

65-34,119a.
Retroactive reimbursement from underground fund.
(a) An owner or operator shall be entitled to reimbursement from the underground fund for the costs of corrective action taken on or after April 1, 1990, in response to a release from an underground petroleum storage tank which was discovered on or after December 22, 1988, to the extent that such owner or operator would be entitled to reimbursement if the release had been discovered on or after April 1, 1990, including application of all applicable deductibles and conditions of reimbursement imposed by K.S.A. 65-34,119 and amendments thereto.
(b) This section shall be part of and supplemental to the Kansas storage tank act.
History:
L. 1990, ch. 229, § 4; L. 1992, ch. 311, § 17; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 34 - Solid And Hazardous Waste › 65-34,120 Liability of state and its officers and employees limited; fund liability limits.

65-34,120. Liability of state and its officers and employees limited; fund liability limits.
(a) Nothing in this act shall establish or create any liability or responsibility on the part of the secretary, the department or its agents or employees or the state of Kansas to pay any corrective action costs from any source other than the respective fund created by this act.
(b) In no event shall the underground fund be liable for the payment of corrective action costs in an amount in excess of the following, less any applicable deductible amounts of the owner or operator:
(1) For costs incurred in response to any one release from an underground petroleum storage tank, $2,000,000;
(2) for an owner or operator of 100 or fewer underground petroleum storage tanks, an annual aggregate of $1,000,000; and
(3) for an owner or operator of more than 100 underground petroleum storage tanks, an annual aggregate of $2,000,000.
(c) In no event shall the aboveground fund be liable for the payment of corrective action costs in an amount in excess of the following, less the deductible amounts of the owner or operator:
(1) For costs incurred in response to any one release from an aboveground petroleum storage tank, $2,000,000;
(2) for an owner or operator of 100 or fewer aboveground petroleum storage tanks, an annual aggregate of $1,000,000; and
(3) for an owner or operator of more than 100 aboveground petroleum storage tanks, an annual aggregate of $2,000,000.
(d) This act is intended to assist an owner or operator only to the extent provided for in this act, and it is in no way intended to relieve the owner or operator of any liability that cannot be satisfied by the provisions of this act.
(e) Neither the secretary nor the state of Kansas shall have any liability or responsibility to make any payments for corrective action if the respective fund created herein is insufficient to do so. In the event the respective fund is insufficient to make the payments at the time the claim is filed, such claims shall be paid in the order of filing at such time as moneys are paid into the respective fund.
(f) No common-law liability, and no statutory liability that is provided in a statute other than in this act, for damages resulting from a release from a petroleum storage tank is affected by this act. The authority, power and remedies provided in this act are in addition to any authority, power or remedy provided in any statute other than a section of this act or provided at common law.
(g) If a person conducts a corrective action activity in response to a release from a petroleum storage tank, whether or not the person files a claim against the respective fund under this act, the claim and corrective action activity conducted are not evidence of liability or an admission of liability for any potential or actual environmental pollution or third-party claim.
History:
L. 1989, ch. 186, § 21; L. 1990, ch. 229, § 6; L. 1992, ch. 311, § 18; L. 1996, ch. 125, § 2; L. 2021, ch. 3, § 4; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 34 - Solid And Hazardous Waste › 65-34,121 Annual report to governor and legislature.

65-34,121.
Annual report to governor and legislature.
On or before the first day of the regular session of the legislature in each year, the secretary shall prepare and submit a report to the governor and to the chairperson, vice-chairperson and ranking minority member of the standing committees on energy and natural resources of the house of representatives and the senate regarding the receipts and disbursements from the underground fund and the aboveground fund during the preceding fiscal year, indicating the extent of the corrective action taken under this act.
History:
L. 1989, ch. 186, § 22; L. 1992, ch. 311, § 19; L. 1996, ch. 125, § 3; July 1.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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; April 24.
2023 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.
2023 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.
2023 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.
2023 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.