2-3713


Chapter 2.--AGRICULTURE


Article 37.--ENVIRONMENTAL REMEDIATION

     
2-3713.   Same; amounts.
(a) Subject to the provisions of K.S.A. 2-3712, and amendments
thereto, there is
hereby imposed environmental assessments as follows:

     
(1)   An annual assessment of $100 to be paid by each custom blender required
to be licensed
pursuant to K.S.A. 2-1201a, and amendments thereto. Such assessment shall be
paid to the secretary
of agriculture by the custom blender at the time and in the manner provided by
law for payment of
the custom blender's license fee.

     
(2)   An annual assessment of $20 for each commercial fertilizer required to be
registered
pursuant to K.S.A. 2-1202, and amendments thereto. Such assessment shall be
paid to the secretary of agriculture by the applicant for registration at the
time and in the manner provided by law for
payment of the registration fee for the commercial fertilizer.

     
(3)   An annual assessment of $60 for each agricultural chemical required to be
registered
pursuant to K.S.A. 2-2204, and amendments thereto, other than an agricultural
chemical classified as
an antimicrobial
pesticide,
as defined by 7 U.S.C. §136(mm).
Such assessment shall be
paid to the secretary
of agriculture by the applicant for registration at the time and in the manner
provided by law for
payment of the registration fee for the agricultural chemical.

     
(4)   An annual assessment to be paid by each pesticide dealer
required
to be registered
pursuant to K.S.A. 2-2469, and amendments thereto. If the annual sales of
pesticides from the previous year by a pesticide dealer from a business
location are less than $2,500, the annual assessment shall be $5. If the annual
sales of pesticides from the previous year by a pesticide dealer from a
business location are equal to or greater than $2,500, the annual assessment
shall be $80. Such assessment shall be
paid to the secretary
of agriculture by the pesticide dealer at the time and in the manner provided
by law for payment of
the dealer's registration fee.

     
(5)   An annual assessment of $.0005 per bushel of storage capacity of each
public warehouse
required to be licensed pursuant to K.S.A. 34-228, and amendments thereto, or
pursuant to the
federal warehouse act. Such assessment shall be paid to the secretary of agriculture by the applicant
for licensure at the time and in the manner provided by law for payment of the warehouse license
fee.

     
(6)   An annual assessment of $.0005 per bushel of storage capacity of each
public warehouse
in this state that is licensed pursuant to the United States warehouse act.
Such assessment shall be
paid to the secretary of agriculture by the licensee on or before August 31 of
each year.

     
(7)   An annual assessment of $1,000 to be paid by the responsible party for
a site that has been sold or leased but where the seller or lessor still
retains responsibility for cleaning up the site. Such assessment shall be paid
to the secretary of agriculture by the responsible party on or before September
30 of each year.

     
(b)   The secretary of agriculture shall remit to the state treasurer all
moneys collected by the
secretary from assessments paid pursuant to this section. The state treasurer
shall deposit the entire
amount of the remittance in the state treasury and credit it to the fund.

     
(c)   The secretary of agriculture shall adopt rules and regulations
establishing procedures for payment and collection of all environmental
assessments.

     
(d)   The secretary of agriculture shall have the authority to reimburse or
refund a person if an error occurred in the payment of an assessment.

     
(e)   For a remediated site to be eligible for reimbursement under
subsection (b)(1) of K.S.A. 2-3708, and amendments thereto, all applicable
environmental assessments must be paid for such site.

     
History:   L. 2000, ch. 82, § 13; L. 2001, ch. 47, § 1;
L. 2008, ch. 6, § 2; July 1.