65-34,105. Rules and regulations.
65-34,105
65-34,105. Rules and regulations.(a) The secretary is authorized and directed to adopt rulesand regulations necessary to administer and enforce the provisions of thisact. Any rules and regulations so adopted shall be reasonably necessary topreserve, protect and maintain the waters and other natural resources ofthis state, and reasonably necessary to provide for the promptinvestigation and cleanup of sites contaminated by a release from a storagetank. In addition, any rules and regulations or portions thereof whichpertain to underground storage tanks or the owners and operators thereofshall be adopted for the purpose of enabling the secretary and thedepartment to implement the federal act, and such rules and regulations soadopted shall be consistent with the federal act. Consistent with thesepurposes, the secretary shall adopt rules and regulations:
(1) Establishing performance standards forunderground storage tanks first brought into use on or after May 18, 1989. Theperformance standards for newunderground storagetanks shall include, but are not limited to, design, construction,installation, release detection and product compatibility standards;
(2) establishing performance standards foraboveground storage tanks brought into use after May 18, 1989. The performancestandards shall not exceedthose performance standards adopted by the administrator of the U.S.environmental protection agency and for new abovegroundstorage tanksshall include, but are not limited to, design, construction, installation,release detection and product compatibility standards;
(3) establishing performance standards forthe inground repair of underground storage tanks. The performancestandards shall include, but are not limited to, specifying under whatcircumstances an underground storage tank may be repaired and specifyingdesign, construction, installation, release detection, productcompatibility standards and warranty;
(4) establishing performance standards formaintaining spill and overfill equipment, leak detection systems andcomparable systems or methods designed to prevent or identify releases. Inaddition, the secretary shall establish standards for maintaining recordsand reporting leak detection monitoring, inventory control and tank testingor comparable systems;
(5) establishing requirements for reportinga release and for reporting and taking corrective action in response to a release;
(6) establishing requirements formaintaining evidence of financial responsibility to be met by owners andoperators of underground storage tanks;
(7) establishing requirements for theclosure of storage tanks including the removal and disposal of storage tanksand regulated substance residues containedtherein to prevent future releases of regulated substances into theenvironment;
(8) for the approval of tank tightnesstesting methods, including determination of the qualifications of personsperforming or offering to perform such testing;
(9) establishing site selection and cleanupcriteria regarding corrective actions related to a release,which criteria addressthe following: The physical and chemical characteristics of the releasedsubstance, including toxicity, persistence and potential for migration; thehydrogeologic characteristics of the release site and the surrounding land;the proximity, quality and current and future uses of groundwater; anexposure assessment; the proximity, quality and current and future use ofsurface water; and the level of the released substance allowed to remain onthe facility following cleanup;
(10) prescribing fees for thefollowing with regard to storage tanks:Registration,issuance of permits, approval of plans for newinstallations and conducting of inspections. The fees shall be established insuch amounts that revenue from such feesdoes not exceed the amount of revenue required for the purposes provided bysubsection (b) of K.S.A. 65-34,128. All fees for underground storage tanksshall be deposited in the state general fund and all fees for abovegroundstorage tanks shall be deposited in the storage tank fee fund;
(11) for determining the qualifications, adequacyof performance and financial responsibility of persons desiring to belicensed as underground storage tank installers or contractors. Inadopting rules and regulations, the secretary may specify classes ofspecialized activities, such as the installation of corrosion protectiondevices or inground relining of underground storage tanks, and may requirepersons wishing to engage in such activities to demonstrate additionalqualifications to perform these services;
(12) prescribing fees for the issuance of licensesto underground storage tank installers and contractors. The fees shall beestablished in such amounts that revenue from such fees does notexceed the amount of revenue determined by the secretary to be required foradministration of the provisions of K.S.A. 65-34,110and amendments thereto; and
(13) adopting schedules requiring the retrofitting of undergroundstorage tanks in existence on May 18, 1989, and abovegroundstorage tanks in existence on July 1, 1992, and for the retirement fromservice of underground storage tanks placed in service prior to May 18, 1989,and aboveground storage tanks placed in service prior to July 1, 1992.Such schedules shall be based on the age andlocation of the storage tank and the type of substance stored. Suchretrofitting shall include secondary containment, corrosion protection,linings, leak detection equipment and spill and overfill equipment.
(b) In adopting rules and regulations under this section, the secretaryshall take notice of rules and regulations pertaining to fire preventionand safety adopted by the state fire marshal pursuant to subsection (a)(1)of K.S.A. 31-133, and amendments thereto.
(c) Nothing in this section shall interfere with the right of a city orcounty having authority to adopt a building or fire code from imposingrequirements more stringent than those adopted by the secretary pursuant tosubsections (a)(1), (2), (3), (7) and (13), oraffect the exercise of powers by cities, counties and townships regardingthe location of storage tanks and the visual compatibility of abovegroundstorage tanks with surrounding property.
History: L. 1989, ch. 186, § 6;L. 1992, ch. 305, § 1; July 1.