65-34,129. Aboveground petroleum storage tank release trust fund.
65-34,129
65-34,129. Aboveground petroleum storage tank release trust fund.(a) There is hereby established as a segregated fund in the state treasury theaboveground petroleum storage tank release trust fund, to beadministered by the secretary. Revenue from the following sources shall bedeposited in the state treasury and credited to the aboveground fund:
(1) The applicable proceeds of the environmental assurance fee imposed bythis act;
(2) any moneys recovered by the state under the provisions of this actrelating to aboveground storage tanks, including administrative expenses, civilpenalties and moneys paid under an agreement, stipulation or settlement;
(3) interest attributable to investment of moneys in the aboveground fund;and
(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 aboveground fund, but excluding federal grants andcooperative agreements.
(b) Moneys deposited in the aboveground fund may be expended for the purposeof reimbursing owners and operators and such others as provided by this act forthe costs of corrective action subject to the conditions and limitationsprescribed by this act, but moneys in the aboveground fund shall not otherwisebe used for compensating third parties for bodily injury or propertydamage caused by a release from an aboveground petroleum storage tank, otherthan propertydamage included in a corrective action plan approved by the secretary. Inaddition, moneys credited to the aboveground fund may be 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 anaboveground 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 administrative, technical and legal costs incurred bythe secretary in carrying out the provisions of K.S.A. 65-34,114 through65-34,124, and amendments thereto, with respect to aboveground storage tanks,including the cost of any additional employees or increased general operatingcosts of the department attributable thereto, which costsshall not be payable from any moneys other than those credited to theaboveground fund; and
(4) reimbursement of persons as authorized by subsection (g) of K.S.A.65-34,119 and amendments thereto.
(c) The aboveground fund shall be used for thepurposes set forth in this act and for no other governmental purposes. Itis the intent of the legislature that the aboveground fund shall remain intactand inviolate for the purposes set forth in this act, and moneys in theaboveground fund shall not be subject to the provisions of K.S.A. 75-3722,75-3725a and 75-3726a, and amendments thereto.
(d) Neither the state of Kansas nor the abovegroundfund shall be liable to an owner or operator for the loss ofbusiness, damages or taking of property associated with any corrective orenforcement action taken pursuant to this act.
(e) On or before the 10th of each month, the director of accounts and reportsshall transfer from the state general fund to the aboveground fund interest earningsbased on:
(1) The averagedaily balance of moneys in the aboveground fund for the preceding month; and
(2) the net earnings rate of the pooled money investment portfoliofor the preceding month.
(f) All expenditures from the aboveground fund shall be made in accordancewith appropriation acts upon warrants of the director of accounts and reportsissued pursuant to vouchers approved by the secretary for the purposes setforth in this section.
(g) This section shall be part of and supplemental to the Kansas storagetank act.
History: L. 1992, ch. 311, § 10;L. 1992, ch. 305, § 4;L. 1996, ch. 253, § 20; May 23.