Kansas Statutes Annotated
Updated Through the 2013 Legislative Session
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SOLID AND HAZARDOUS WASTE
Kansas essential fuels supply trust fund; allowable
expenses; application; reimbursement.
SEE "2012 ENROLLED BILLS"
SENATE BILL 406 FOR DETAILED STATUTE CHANGES
EFFECTIVE JULY 1, 2012
65-34,132. Kansas essential fuels supply trust fund; allowable expenses; application; reimbursement. (a) The secretary may provide for the reimbursement to eligible owners of aboveground storage tanks or bulk plants in accordance with the provisions of this section and subject to the availability of moneys in the Kansas essential fuels supply trust fund. An aboveground storage tank or bulk plant shall be eligible for reimbursement under this section, if such aboveground storage tank or bulk plant is used for the storage of petroleum products for resale.
(b) The secretary may reimburse the owner of an aboveground storage tank facility or bulk plant for upgrade expenses or permanent closure expenses, in the amount specified in subsection (c), if all of the following criteria are met:
(1) The aboveground storage tank facility was registered with the department on or after November 22, 1993;
(2) the aboveground storage tank contains petroleum products;
(3) application is made on or before January 1, 2011, on a form provided by the department;
(4) upgrade expenses must be incurred after August 1, 2001, and not later than July 1, 2009. Upgrade expenses are limited to reasonable and necessary to the installation or improvement of equipment or systems required for compliance with 40 CFR 112. Such expenses shall include, but are not limited to, installation or upgrade of the following:
(A) Secondary containment;
(B) integrity testing;
(C) corrosion protection;
(D) loss prevention;
(E) engineering costs;
(G) drainage; and
(H) removal of noncompliant tanks;
(5) expenses for permanent closure activities, must be incurred after August 1, 2001, and not later than July 1, 2009. Only expenses for activities reasonable and necessary to permanently close an aboveground storage tank facility are eligible for reimbursement. Reasonable and necessary activities eligible for reimbursement include, but are not limited to, the following:
(A) Removal of the tank and piping system;
(B) removal of tank support and confinement systems;
(C) removal of security systems;
(D) cleaning of tanks; and
(E) disposal of waste petroleum and other waste material including concrete.
(c) Applications for reimbursement must be made on forms supplied by the department. Applications for reimbursement must include documentation of the facility upgrade or permanent closure activities and expense. Proof of payment of all expenses for which reimbursement is requested must be provided. The department will review those expenses based on current industry costs and provide reimbursement of reasonable and necessary costs. The department shall reimburse an applicant for 90% of the approved cost of the facility upgrade or permanent closure not to exceed $25,000 per facility. Disputes regarding application approval, reimbursements rates or reimbursement amounts will be referred to the Kansas essential fuel supply trust fund compensation advisory board.
(d) If the owner of an aboveground storage tank facility contracts with another individual or business entity to perform the upgrade or permanent closure activities, the expenses may be submitted to the department for reimbursement under this section. The department may deny any claim for reimbursement that fails to provide adequate proof of payment in full to the contracting party. The owner may obtain prior approval from the department of the activities to be performed and the expenses to be incurred.
(e) Owners of aboveground storage tanks or bulk plant may enter into an agreement with the department to perform upgrades or permanent closures after the deadline and receive reimbursement if they comply with the following criteria:
(1) The owner has signed a contract with a vendor to perform the work prior to the deadline; and
(2) the vendor indicates that they are unable to perform the work before the deadline.
(f) The secretary may adopt such rules and regulations deemed necessary to carry out the provisions of this section.
(g) The provisions of this section shall be part of and supplemental to the Kansas storage tank act.
History: L. 2006, ch. 50, § 2;L. 2007, ch. 34, § 4;L. 2007, ch. 180, § 16; July 1.
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