65-1,226. Same; funding requirements; categories of property.
65-1,226
65-1,226. Same; funding requirements; categories ofproperty.(a) Funding needs may be satisfied by departmentappropriationsforpropertywhere adequate funding is supplied by federal grants, designated fee funds orother funding sources.
(b) Any funding requirements for an application pursuant to this act, willbe based on a one time payment for the property, made by the originalapplicant.
(c) Funding requirements for other properties will be determined individuallyand be basedon the size of the propertyto which the environmental use control applies, toxicity and mobility of thecontaminantsto which the environmental usecontrol applies,frequency of site inspectionsand the anticipated inspection costs, as determined by the department.
(1) Category 1 property includes property withthe following characteristics: The property is notgreater than five acres in size, the residual contamination is characterized bylowtoxicity and mobility,there is minimal anticipated maintenance of protective structures andtheanticipated inspection frequency is once every five years. Category 1properties would have aone-time payment by the applicant notto exceed $2,000 to fund the life of the environmental use control.
(2) Category 2 property includes property withthe following characteristics: The property maycover areas larger than five acres in size, the residual contamination ischaracterizedby moderate toxicity andmobility, there is limited anticipated maintenance of protective structures andmore complicated and/orcostly inspections are anticipated, with an inspection frequency of not morethan once per year. Category2 property wouldhave a one-time payment by the applicant not to exceed $10,000 to fund the lifeof the environmentaluse control.
(3) Category 3 property includes property withsome or all of the followingcharacteristics: The property may cover a large acreage, the residualcontaminationis characterized by higher toxicityor mobility, complicated maintenance or monitoring of protectivestructures is requiredand frequent or complicated site inspections are anticipated, which may be morefrequent than once per year.The inspection costof category 3 properties is also dependent on the future uses of the propertyand themaintenance of protective structures by the property owner. For this reason,long term careagreements between the department and the applicant will be required forcategory 3 properties.These long term care agreements will include a provision to reimburse thedepartment for costsincurred to perform the long term care at the property.
(d) The secretary shall remit to the state treasurer, in accordance withK.S.A. 75-4215, andamendments thereto, all moneys received from fees and long term carereimbursement agreementspursuant to this section. Upon receipt of the remittance, the statetreasurer shall deposit the entireamount in the state treasury and credit it to the environmental use controlfund.
History: L. 2003, ch. 130, § 6; July 1.