65-34,114. Underground petroleum storage tank release trust fund.
65-34,114
65-34,114. Underground petroleum storage tank release trustfund.(a) There is hereby established as a segregated fund in thestate treasury the underground petroleum storage tank release trust fund, whichshall be a continuation of the petroleum storage tank releasetrust fund. The underground fund shall beadministered by the secretary. Revenue from the following sources shall bedeposited in the state treasury and credited to the underground fund:
(1) The applicable proceeds of the environmental assurance fee imposedby this act;
(2) any moneys recovered by the state under the provisions of this actrelating to underground storage tanks,including administrative expenses, civil penalties and moneys paid under anagreement, stipulation or settlement;
(3) interest attributable to investment of moneys in the undergroundfund;
(4) moneys received by the secretary in the form of gifts, grants,reimbursements or appropriations from any source intended to be used forthe purposes of the underground fund, but excluding federal grants andcooperativeagreements; and
(5) amounts transferred to the underground fund by the plan adoptedpursuant toK.S.A. 65-34,126 and amendments thereto, asprovided by K.S.A.65-34,126 and amendments thereto.
(b) The underground fund shall be administered so as to assist ownersand operatorsof underground petroleum storage tanks in providing evidence of financialresponsibilityfor corrective action required by a release from any such tank. Moneysdeposited in the underground fund may be expended for the purpose ofreimbursing ownersand operators and such others as provided by this act for the costs ofcorrective action andfortransfers to the plan adopted pursuant toK.S.A. 65-34,126 and amendments thereto, asprovided by K.S.A.65-34,126 and amendments thereto subject to the conditionsand limitations prescribed by this act, but moneys in the underground fundshall nototherwise be used for compensating third parties for bodily injury or propertydamagecaused by a release from an underground petroleum storage tank, other thanpropertydamage included in a corrective action plan approved by the secretary. Inaddition, moneys credited to the underground fund maybe expended for thefollowing purposes:
(1) To permit the secretary to take whatever emergency action isnecessary or appropriate to assure that the public health or safety is notthreatened whenever there is a release or potential release from anunderground petroleum storagetank;
(2) to permit the secretary to take corrective action where the releaseor potential release presents an actual or potential threat to human healthor the environment,if the owner or operator has not been identified or is unable or unwillingto perform corrective action, including but not limited to providing foralternative water supplies;
(3) payment of the state's share of the federal leaking undergroundstorage tank trust fund cleanup costs, as required by the resourceconservation and recovery act, 42 U.S.C. § 6991b(h)(7)(B);
(4) payment of the administrative, technical and legal costs incurred bythe secretary in carrying out the provisions ofK.S.A.65-34,114 through 65-34,124, and amendments thereto, with respect tounderground storage tanks, including thecost of any additional employees or increasedgeneral operating costs of the department attributable thereto, which costsshall not be payable from any moneys other than those credited to theunderground fund;
(5) reimbursement of persons as authorized by subsection (g) of K.S.A.65-34,119 and amendments thereto;
(6) payment of refunds as authorized by subsection (h) of K.S.A.65-34,119 and amendments thereto; and
(7) payment of the administrative, technical and legal costs incurred by thesecretary in carrying out the provisions of K.S.A. 65-34,104 through 65-34,113,and amendments thereto, with respect to underground storage tanks, providingadditional enforcement, reporting and operator training required by the energypolicy act of 2005, including the cost of any additional employees, contractingor increased general operating costs of the department attributable thereto,which costs shall not be payable from any moneys other than those credited tothe underground fund.
(c) The underground fund shallbe used for thepurposes set forth in this act and for no other governmental purposes. Itis the intent of the legislature that the underground fund shall remainintact andinviolate for the purposes set forth in this act, and moneys in theunderground fundshall not be subject to the provisions of K.S.A. 75-3722, 75-3725a and75-3726a, andamendments thereto.
(d) Neither the state of Kansas nor the underground fund shall be liable toan owner or operatorfor theloss ofbusiness, damages or taking of property associated with any corrective orenforcement action taken pursuant to this act.
(e) On or before the 10th ofeach month, the director of accounts and reportsshall transfer from the state general fund to the underground fund interest earningsbased on:
(1) The averagedaily balance of moneys in theunderground fund for the preceding month; and
(2) the net earnings rate of the pooledmoney investment portfolio for the preceding month.
(f) All expenditures from the underground fund shall be made inaccordance withappropriation acts upon warrants of the director of accounts and reportsissued pursuant to vouchers approved by the secretary for the purposes setforth in this section.
History: L. 1989, ch. 186, § 15;L. 1990, ch. 229, § 1;L. 1992, ch. 305, § 3;L. 1996, ch. 253, § 18;L. 2007, ch. 34, § 3; July 1.