2-3708.   Purpose; amount of reimbursement,limits.(a) There is hereby established the remediationreimbursement program. Theprogram shall be for the purpose of providing reimbursement to eligible personsfor the costs ofcorrective action approved by the department of health and environment or takenin accordancewith requests or orders issued by the department of health andenvironment.

      (b)   The amount of reimbursement that an eligible person may receivefrom the fund shallbe limited as follows:

      (1)   Except as provided in paragraph (2), for an eligible person whohas paid all applicable assessments imposedpursuant to K.S.A. 2-3713, and amendments thereto, reimbursement persite shallnot exceed an amount equal to: (A) 90%of total eligible corrective action costs greater than $1,000 and less than orequal to $100,000; plus(B) 80% of total eligible corrective action costs greater than $100,000 andless 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 pursuantto rules and regulations, unless the property has been sold or leased andboth 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 boardpursuant to rules and regulations.

      (2)   For an eligible person who is not required to pay or has not paidany assessment imposedpursuant toK.S.A. 2-3713, and amendments thereto, or for a pesticide dealerwho has paid the annual $5 assessment pursuant to subsection (a)(4) of K.S.A.2-3713, and amendments thereto, reimbursement persite shall not exceedan amount equalto 100% of total eligible corrective action costs greater than $1,000 and lessthan or equal to$10,000.

      History:   L. 2000, ch. 82, § 8; L. 2001, ch. 47, § 2;L. 2008, ch. 6, § 1; July 1.