Article 1.--SECRETARY OF HEALTH AND ENVIRONMENT, ACTIVITIES
65-1,224.Environmental use control; application;requirements; approval or disapproval.(a) An owner of property, with departmental approval, mayrestrictthe use of theowner's property to mitigate the risk posed to human health and the environmentby imposing on theproperty an appropriate environmental use control.
(b) (1) If the owner elects to voluntarily restrict useof or activities on the owner's property, theowner or the owner's authorized representative shall makeapplication to the department for approval of an environmental use control.Such application shallbe made on forms provided by the department and shall be completed andsubmitted to thedepartment by the owner or the owner's authorized representative.
(2) Department approval of an application shall be subject to theapplication'scontaining the following components: Appropriate restrictions to protect publichealth and the environment from known contamination which exceeds departmentstandards for unrestricted residential use;access to thesubject property; an inspection schedule that is appropriate to monitorconditions at the subjectproperty; and the availability of funds to administer the provisions of thisact related to the subject property.
(3) The department may require the applicant to provide financial assurancefor category3 property as described in subsection (c)(3) ofK.S.A. 2009 Supp.65-1,226, andamendmentsthereto, based on the potential for long term maintenance cost ofprotective structures and the potential for release or migration ofenvironmental contamination fromthe property. The applicant shall provide the financial assurance by one ormore methods satisfactoryto the department, including, but not limited to, environmental insurance,guarantee, performanceor other surety bond, letter of credit, qualification as a self-insurer orother demonstration offinancial capability. The demonstration of financial capability must beadequate to provide remedieswhich are protective of human health and the environment should the proposedremedial activity fail.
(4) The application shall include an accurate legal description or survey ofthe portion of theproperty where an environmental use control is proposed.
(c) The department shall review the application. If the application isdisapproved by thedepartment, the applicant may modify the application in a manner necessary toobtain departmentapproval and resubmit the application for the department's approval. If theapplication is approvedby the department, the department shall provide the applicant a writtenapproval.
(d) An environmental use control pursuant to this act may be approved bythe departmentas part of the remedial activity for the propertywhenresidualcontamination which exceedsdepartment standards for unrestricted residential use on the subject property.
Article 1.--SECRETARY OF HEALTH AND ENVIRONMENT, ACTIVITIES
65-1,224.Environmental use control; application;requirements; approval or disapproval.(a) An owner of property, with departmental approval, mayrestrictthe use of theowner's property to mitigate the risk posed to human health and the environmentby imposing on theproperty an appropriate environmental use control.
(b) (1) If the owner elects to voluntarily restrict useof or activities on the owner's property, theowner or the owner's authorized representative shall makeapplication to the department for approval of an environmental use control.Such application shallbe made on forms provided by the department and shall be completed andsubmitted to thedepartment by the owner or the owner's authorized representative.
(2) Department approval of an application shall be subject to theapplication'scontaining the following components: Appropriate restrictions to protect publichealth and the environment from known contamination which exceeds departmentstandards for unrestricted residential use;access to thesubject property; an inspection schedule that is appropriate to monitorconditions at the subjectproperty; and the availability of funds to administer the provisions of thisact related to the subject property.
(3) The department may require the applicant to provide financial assurancefor category3 property as described in subsection (c)(3) ofK.S.A. 2009 Supp.65-1,226, andamendmentsthereto, based on the potential for long term maintenance cost ofprotective structures and the potential for release or migration ofenvironmental contamination fromthe property. The applicant shall provide the financial assurance by one ormore methods satisfactoryto the department, including, but not limited to, environmental insurance,guarantee, performanceor other surety bond, letter of credit, qualification as a self-insurer orother demonstration offinancial capability. The demonstration of financial capability must beadequate to provide remedieswhich are protective of human health and the environment should the proposedremedial activity fail.
(4) The application shall include an accurate legal description or survey ofthe portion of theproperty where an environmental use control is proposed.
(c) The department shall review the application. If the application isdisapproved by thedepartment, the applicant may modify the application in a manner necessary toobtain departmentapproval and resubmit the application for the department's approval. If theapplication is approvedby the department, the department shall provide the applicant a writtenapproval.
(d) An environmental use control pursuant to this act may be approved bythe departmentas part of the remedial activity for the propertywhenresidualcontamination which exceedsdepartment standards for unrestricted residential use on the subject property.
Article 1.--SECRETARY OF HEALTH AND ENVIRONMENT, ACTIVITIES
65-1,224.Environmental use control; application;requirements; approval or disapproval.(a) An owner of property, with departmental approval, mayrestrictthe use of theowner's property to mitigate the risk posed to human health and the environmentby imposing on theproperty an appropriate environmental use control.
(b) (1) If the owner elects to voluntarily restrict useof or activities on the owner's property, theowner or the owner's authorized representative shall makeapplication to the department for approval of an environmental use control.Such application shallbe made on forms provided by the department and shall be completed andsubmitted to thedepartment by the owner or the owner's authorized representative.
(2) Department approval of an application shall be subject to theapplication'scontaining the following components: Appropriate restrictions to protect publichealth and the environment from known contamination which exceeds departmentstandards for unrestricted residential use;access to thesubject property; an inspection schedule that is appropriate to monitorconditions at the subjectproperty; and the availability of funds to administer the provisions of thisact related to the subject property.
(3) The department may require the applicant to provide financial assurancefor category3 property as described in subsection (c)(3) ofK.S.A. 2009 Supp.65-1,226, andamendmentsthereto, based on the potential for long term maintenance cost ofprotective structures and the potential for release or migration ofenvironmental contamination fromthe property. The applicant shall provide the financial assurance by one ormore methods satisfactoryto the department, including, but not limited to, environmental insurance,guarantee, performanceor other surety bond, letter of credit, qualification as a self-insurer orother demonstration offinancial capability. The demonstration of financial capability must beadequate to provide remedieswhich are protective of human health and the environment should the proposedremedial activity fail.
(4) The application shall include an accurate legal description or survey ofthe portion of theproperty where an environmental use control is proposed.
(c) The department shall review the application. If the application isdisapproved by thedepartment, the applicant may modify the application in a manner necessary toobtain departmentapproval and resubmit the application for the department's approval. If theapplication is approvedby the department, the department shall provide the applicant a writtenapproval.
(d) An environmental use control pursuant to this act may be approved bythe departmentas part of the remedial activity for the propertywhenresidualcontamination which exceedsdepartment standards for unrestricted residential use on the subject property.
