65-34,130. Retroactive reimbursement from aboveground fund.
65-34,130
65-34,130. Retroactive reimbursement from aboveground fund.(a) An owner or operator shall be entitled to reimbursement from theaboveground fund for the costs of corrective action taken before July 1, 1992,in response to a release from an aboveground petroleum storage tank which wasdiscovered on or after December 22, 1988, and for which written approval of anycorrective action taken prior to July 1, 1992, has been granted by thesecretary, subject to the following:
(1) Such owner or operator shall be entitled to reimbursement pursuantto this section only to the extent that such owner or operator would beentitled to reimbursement if the release had been discovered on or afterthe effective date of this act, including application of all applicabledeductibles and conditions of reimbursement imposed by K.S.A. 65-34,119 andamendments thereto;
(2) such owner or operator shall be entitled to reimbursement pursuant tothissection only if the owner or operator submits to the secretary proof,acceptable to the secretary, that such owner or operatoris not engaged in production orrefining of petroleum products;
(3) the aggregate of all reimbursement paid pursuant to this sectionshall not exceed $3,200,000;
(4) the aggregate of all reimbursement paid to an owner or operatorpursuant to this section shall not exceed $100,000, after allapplicable deductibles; and
(5) any claim for reimbursement pursuant to this section must besubmitted to the secretary not later than December 31, 1992;
(b) If the aggregate of all reimbursement to which owners and operatorswould be otherwise entitled pursuant to this section exceeds $3,200,000,reimbursement shall be paid from the aboveground fund as follows:
(1) Any owner or operator who owns or operates not more than 12aboveground petroleum storage tanks and whose aggregate claims forreimbursement pursuant to this section do not exceed $20,000, beforeapplicable deductibles, shall receive full payment of the reimbursement towhich such owner or operator is entitled unless the aggregate of allreimbursement to which all such owners and operators are entitled exceeds$3,200,000. In that case, such owners and operatorsshall be paid on a pro rata basis and no payments shall be paid to otherowners or operators.
(2) If the aggregate of all reimbursement paid pursuant to subsection(b)(1) is less than $3,200,000, owners and operators other than thosedescribed in subsection (b)(1) shall receive full payment of thereimbursement to which they are entitled unless the aggregate of allreimbursement to which all such owners and operators are entitled, whenadded to the amount paid pursuant to subsection (b)(1),exceeds $3,200,000. In that case, such owners and operators shall be paidon a pro rata basis.
(c) All reimbursement payable pursuant to this section shall be paid bythe secretary prior to May 1, 1993.
(d) Subject to the provisions of K.S.A. 65-34,119 and amendments thereto, anowner or operator shall be entitledto reimbursement from the aboveground fund for the costs of corrective actiontaken on or after July 1, 1992, in response to a release froman aboveground petroleum storage tank which was discovered on or after December22, 1988, if such owner or operator is entitled to reimbursement undersubsection (a) for correctiveaction taken before July 1, 1992, with respect to suchrelease.
(e) Thissection shall be part of and supplemental to the Kansas storage tank act.
History: L. 1992, ch. 311, § 16; July 1.