2-3708. Purpose; amount of reimbursement, limits.
2-3708
2-3708. Purpose; amount of reimbursement,
limits.
(a) There is hereby established the remediation
reimbursement program. The
program shall be for the purpose of providing reimbursement to eligible persons
for the costs of
corrective action approved by the department of health and environment or taken
in accordance
with requests or orders issued by the department of health and
environment.
(b) The amount of reimbursement that an eligible person may receive
from the fund shall
be limited as follows:
(1) Except as provided in paragraph (2), for an eligible person who
has paid all applicable assessments imposed
pursuant to K.S.A. 2-3713, and amendments thereto, reimbursement per
site shall
not exceed an amount equal to: (A) 90%
of total eligible corrective action costs greater than $1,000 and less than or
equal to $100,000; plus
(B) 80% of total eligible corrective action costs greater than $100,000 and
less than or equal to
$200,000. The total amount reimbursed for any one site shall not exceed
$200,000 within a 5 year period or as otherwise set forth by the board pursuant
to rules and regulations, unless the property has been sold or leased and
both the buyer and seller or lessee and lessor are responsible for remediation,
in which case the total amount reimbursed for any such site shall not exceed
$400,000 within a five year period or as otherwise set forth by the board
pursuant to rules and regulations.
(2) For an eligible person who is not required to pay or has not paid
any assessment imposed
pursuant to
K.S.A. 2-3713, and amendments thereto, or for a pesticide dealer
who has paid the annual $5 assessment pursuant to subsection (a)(4) of K.S.A.
2-3713, and amendments thereto, reimbursement per
site shall not exceed
an amount equal
to 100% of total eligible corrective action costs greater than $1,000 and less
than or equal to
$10,000.
History: L. 2000, ch. 82, § 8; L. 2001, ch. 47, § 2;
L. 2008, ch. 6, § 1; July 1.