65-34,164. Voluntary application; application of other laws; eligible property.
65-34,164
65-34,164. Voluntary application; application ofother laws; eligibleproperty.(a) The program established in this act shall be voluntary and may be initiatedby submission of an application to the department for properties whereinvestigation and remediation may be necessary to protect human health or theenvironment based upon the current or proposed future use or redevelopment ofthe property.
(b) Property which may be eligible for reimbursement from trust fundsestablished in the Kansas storage tank act, K.S.A. 65-34,100 et seq., andamendments thereto, orthe Kansas drycleaner environmental response act, K.S.A. 65-34,141et seq., and amendments thereto, shall meet all of the requirements of therespective act.
(c) The provisions of this act shall not apply to:
(1) Property that is listed or proposed for listing on the nationalpriorities list of superfund sites established under the comprehensiveenvironmental response, compensation, and liability act (CERCLA), 42 U.S.C.A.9601 et seq.;
(2) property the contaminated portion of which is the subject of:
(A) Enforcement action issued pursuant to city, county, state or federalenvironmental laws; or
(B) environmental orders or agreements with city, county, state or federalgovernmental agencies;
(3) a facility which has or should have a permit pursuant to theresource, conservation and recovery act (RCRA), 42 U.S.C.A. 6901 etseq., which contains a corrective action component;
(4) oil and gas activities regulated by the state corporationcommission;
(5) property that presents an immediate and significant risk of harm tohuman health or the environment; or
(6) property that the department determines to be a substantial threat topublic or private drinking water wells.
History: L. 1997, ch. 137, § 4; July 1.