Kansas Administrative Regulations › Agency 125 - KANSAS AGRICULTURAL REMEDIATION BOARD › Article 1 - KANSAS AGRICULTURE REMEDIATION REIMBURSEMENT PROGRAM › Section 125-1-7 - Eligible corrective action costs; exclusions

Current through Register Vol. 43, No. 28, July 11, 2024
Eligible corrective action costs shall not include the
				following:
(a) Costs that are not
			 eligible for reimbursement as specified in the board's regulations;
(b) indirect costs charged by a contractor,
			 unless those costs are allocated in the contract according to a reasonable cost
			 allocation formula that the contractor uses for other similar
			 contracts;
(c) an eligible person's
			 indirect costs;
(d) the cost for
			 the time that the eligible person or any officer of the eligible person spends
			 planning or implementing a corrective action. Reimbursement of normal employee
			 wages, salaries, expenses, or fringe benefit allocation for time that any
			 employee, other than officers, spends implementing a corrective action may be
			 allowed by the board;
(e) costs to
			 construct, repair, replace, improve, relocate, or demolish any building or
			 fixture, unless the cost is required or approved by the secretary of health and
			 environment and is a part of a corrective action;
(f) loss or decrease of property
			 values;
(g) loss or decrease of
			 revenue or income;
(h) attorney
			 fees or other legal costs;
(i)
			 costs for relocating residents or business operations;
(j) costs of aesthetic or other improvements
			 that are not essential to a corrective action, except for restorative grading
			 and filling costs;
(k) costs that
			 are reimbursed from another source. If after being reimbursed by the board for
			 any cost, an eligible person is reimbursed for the same cost from another
			 source, the eligible person shall promptly notify the board and repay to the
			 board any duplicative reimbursement;
(l) the cost of replacing the released
			 agricultural chemicals;
(m)
			 liability claims or judgments;
(n)
			 costs incurred by any federal, state, or local governmental entity;
(o) costs for a contractor's services that
			 exceed the contractor's bid price for those services, except for those costs
			 that have increased due to services approved or required by the secretary of
			 health and environment;
(p) costs
			 not supported by a cancelled check or other conclusive proof of payment by the
			 eligible person who is applying for reimbursement of those costs;
(q) costs to investigate or repair
			 environmental contamination involving substances that are not agricultural
			 chemicals. If a corrective action involving agricultural chemicals is combined
			 with the investigation or repair of environmental contamination involving
			 substances that are not agricultural chemicals, a portion of the combined
			 project costs may be reimbursed by the board based on the information submitted
			 to the board. if, for any combined project, an eligible person also submits a
			 reimbursement claim to another governmental agency, the cost allocation shall
			 reflect that submission so that this can be taken into account by the board
			 when determining eligibility of the costs;
(r) costs to analyze environmental substances
			 that are not agricultural chemicals, except that costs for the analysis of
			 environmental parameters may be reimbursed by the board if that analysis is
			 needed for the design or implementation of a corrective action;
(s) costs to analyze environmental samples
			 for agricultural chemicals that are not reasonably suspected of having been
			 released at the discharge site;
(t)
			 costs to prepare an application for reimbursement, to contest a decision by the
			 board, or to consult with the board or administrator regarding the
			 application;
(u) expense charges
			 for meals, lodging, travel, mileage, or other personal expenses;
(v) supplementary charges for expedited
			 services, including expedited laboratory analysis, mail service, and parcel
			 delivery service, unless required by the secretary of health and
			 environment;
(w) contractor charges
			 that are not based on services provided by the contractor and are not
			 documented;
(x) interest expenses
			 or other financing costs;
(y) costs
			 for the rental or use of land on which the eligible person land spreads soil,
			 water, or other material as approved by the secretary of agriculture or the
			 secretary of health and environment;
(z) costs for subcontractor service charges
			 or markups;
(aa) costs for
			 environmental audits, assessments, evaluations, or appraisals, unless ordered
			 or requested by the secretary of health and environment;
(bb) any civil or criminal penalty assessed
			 by a federal, state, county, or other governmental entity; and
(cc) any cost of a corrective action that
			 causes the total amount of reimbursement for the site to exceed $200,000. The
			 maximum amount of reimbursement to any one site shall not exceed $200,000,
			 regardless of the period of time within which the reimbursement was received.
			 However, if the property has been sold or leased and both the buyer and the
			 seller, or both the lessee and the lessor, are responsible for remediation of
			 an agricultural or specialty chemical released at the site, then the total
			 amount of reimbursement for the costs of the corrective actions at the site
			 shall not exceed $400,000, regardless of the period of time within which the
			 reimbursement was received.