65-3491.Hazardous waste management fund.(a) There is hereby created in the state treasury thehazardouswastemanagement fund.
(b) Subject to the provisions of subsection (c), moneys credited to thehazardous waste management fund may be expended for thefollowingpurposes:
(1) Technical reviews of applications for permits pursuant to K.S.A. 65-3430through 65-3460, and amendments thereto, including permit modifications andpermit renewals forhazardous waste facilities;
(2) evaluating options available for minimizing the generation of hazardouswastes;
(3) completing background investigations of applicants pursuant to subsection(c) ofK.S.A. 65-3437 and amendments thereto;
(4) completing site investigations pursuant to subsection (d) of K.S.A.65-3437 andamendments thereto;
(5) assuring that a permittee pursuant to K.S.A. 65-3430 through 65-3460, andamendments thereto, fulfills all permit conditions during the effective periodof the permit; and
(6) payment of the administrative, technical and legal costs incurred by thesecretary incarrying out the provisions of K.S.A. 65-3430 through 65-3460, and amendmentsthereto,including the cost of any additional employees or increased operating costs ofthe departmentattributable thereto.
(c) Moneys credited to the hazardous waste management fund from feesestablished pursuant to subsection (v)(1) of K.S.A. 65-3431 and amendmentsthereto shall be expended only to recover costs associated with the review andprocessing of the permit application for which the fee was paid.
(d) On or before the 10th of each month, the director of accounts andreports shalltransfer from the state general fund to the hazardous waste management fundinterest earningsbased on:
(1) The average daily balance of moneys in the hazardous waste managementfund forthe preceding month; and
(2) the net earnings rate for the pooled money investment portfolio for theprecedingmonth.
(e) All expenditures from the hazardous waste management fund shall be madein accordance with appropriation acts upon warrants of the director of accountsand reports issuedpursuant to vouchers approved by the secretary for the purposes set forth inthis section.
(f) The hazardous waste management fund shall be used for the purposes setforth in thissection and for no other governmental purposes. It is the intent of thelegislature that the fundshall remain intact and inviolate for the purposes set forth in this sectionand moneys in the fundshall not be subject to the provisions of K.S.A. 75-3722, 75-3725a and75-3726a, andamendments thereto.
(g) On the effective date of this act, the director of accounts and reportsshall transfer allmoneys in the hazardous waste perpetual care trust fund and the environmentalpermit fund,created pursuant to K.S.A. 65-3431 as it existed immediately before theeffective date of this act,to the hazardous waste management fund. On the effective date of this act, allliabilities of thehazardous waste perpetual care trust fund and the environmental permit fund areherebytransferred to and imposed upon the hazardous waste management fund. On theeffective date ofthis act, the hazardous waste perpetual care trust fund and the environmentalpermit fund arehereby abolished.
65-3491.Hazardous waste management fund.(a) There is hereby created in the state treasury thehazardouswastemanagement fund.
(b) Subject to the provisions of subsection (c), moneys credited to thehazardous waste management fund may be expended for thefollowingpurposes:
(1) Technical reviews of applications for permits pursuant to K.S.A. 65-3430through 65-3460, and amendments thereto, including permit modifications andpermit renewals forhazardous waste facilities;
(2) evaluating options available for minimizing the generation of hazardouswastes;
(3) completing background investigations of applicants pursuant to subsection(c) ofK.S.A. 65-3437 and amendments thereto;
(4) completing site investigations pursuant to subsection (d) of K.S.A.65-3437 andamendments thereto;
(5) assuring that a permittee pursuant to K.S.A. 65-3430 through 65-3460, andamendments thereto, fulfills all permit conditions during the effective periodof the permit; and
(6) payment of the administrative, technical and legal costs incurred by thesecretary incarrying out the provisions of K.S.A. 65-3430 through 65-3460, and amendmentsthereto,including the cost of any additional employees or increased operating costs ofthe departmentattributable thereto.
(c) Moneys credited to the hazardous waste management fund from feesestablished pursuant to subsection (v)(1) of K.S.A. 65-3431 and amendmentsthereto shall be expended only to recover costs associated with the review andprocessing of the permit application for which the fee was paid.
(d) On or before the 10th of each month, the director of accounts andreports shalltransfer from the state general fund to the hazardous waste management fundinterest earningsbased on:
(1) The average daily balance of moneys in the hazardous waste managementfund forthe preceding month; and
(2) the net earnings rate for the pooled money investment portfolio for theprecedingmonth.
(e) All expenditures from the hazardous waste management fund shall be madein accordance with appropriation acts upon warrants of the director of accountsand reports issuedpursuant to vouchers approved by the secretary for the purposes set forth inthis section.
(f) The hazardous waste management fund shall be used for the purposes setforth in thissection and for no other governmental purposes. It is the intent of thelegislature that the fundshall remain intact and inviolate for the purposes set forth in this sectionand moneys in the fundshall not be subject to the provisions of K.S.A. 75-3722, 75-3725a and75-3726a, andamendments thereto.
(g) On the effective date of this act, the director of accounts and reportsshall transfer allmoneys in the hazardous waste perpetual care trust fund and the environmentalpermit fund,created pursuant to K.S.A. 65-3431 as it existed immediately before theeffective date of this act,to the hazardous waste management fund. On the effective date of this act, allliabilities of thehazardous waste perpetual care trust fund and the environmental permit fund areherebytransferred to and imposed upon the hazardous waste management fund. On theeffective date ofthis act, the hazardous waste perpetual care trust fund and the environmentalpermit fund arehereby abolished.
65-3491.Hazardous waste management fund.(a) There is hereby created in the state treasury thehazardouswastemanagement fund.
(b) Subject to the provisions of subsection (c), moneys credited to thehazardous waste management fund may be expended for thefollowingpurposes:
(1) Technical reviews of applications for permits pursuant to K.S.A. 65-3430through 65-3460, and amendments thereto, including permit modifications andpermit renewals forhazardous waste facilities;
(2) evaluating options available for minimizing the generation of hazardouswastes;
(3) completing background investigations of applicants pursuant to subsection(c) ofK.S.A. 65-3437 and amendments thereto;
(4) completing site investigations pursuant to subsection (d) of K.S.A.65-3437 andamendments thereto;
(5) assuring that a permittee pursuant to K.S.A. 65-3430 through 65-3460, andamendments thereto, fulfills all permit conditions during the effective periodof the permit; and
(6) payment of the administrative, technical and legal costs incurred by thesecretary incarrying out the provisions of K.S.A. 65-3430 through 65-3460, and amendmentsthereto,including the cost of any additional employees or increased operating costs ofthe departmentattributable thereto.
(c) Moneys credited to the hazardous waste management fund from feesestablished pursuant to subsection (v)(1) of K.S.A. 65-3431 and amendmentsthereto shall be expended only to recover costs associated with the review andprocessing of the permit application for which the fee was paid.
(d) On or before the 10th of each month, the director of accounts andreports shalltransfer from the state general fund to the hazardous waste management fundinterest earningsbased on:
(1) The average daily balance of moneys in the hazardous waste managementfund forthe preceding month; and
(2) the net earnings rate for the pooled money investment portfolio for theprecedingmonth.
(e) All expenditures from the hazardous waste management fund shall be madein accordance with appropriation acts upon warrants of the director of accountsand reports issuedpursuant to vouchers approved by the secretary for the purposes set forth inthis section.
(f) The hazardous waste management fund shall be used for the purposes setforth in thissection and for no other governmental purposes. It is the intent of thelegislature that the fundshall remain intact and inviolate for the purposes set forth in this sectionand moneys in the fundshall not be subject to the provisions of K.S.A. 75-3722, 75-3725a and75-3726a, andamendments thereto.
(g) On the effective date of this act, the director of accounts and reportsshall transfer allmoneys in the hazardous waste perpetual care trust fund and the environmentalpermit fund,created pursuant to K.S.A. 65-3431 as it existed immediately before theeffective date of this act,to the hazardous waste management fund. On the effective date of this act, allliabilities of thehazardous waste perpetual care trust fund and the environmental permit fund areherebytransferred to and imposed upon the hazardous waste management fund. On theeffective date ofthis act, the hazardous waste perpetual care trust fund and the environmentalpermit fund arehereby abolished.
