Kan. Admin. Regs. § 28-68-5 - Application for ranking of contaminated drycleaning site
Any contaminated drycleaning site may be ranked by the
(a)
If the applicant is not the real property owner, the applicant shall provide
proof that the real property owner has been notified of the application.
(b) If the property is leased, and
the applicant is not the lessee, the applicant shall provide proof that the
lessee has been notified of the application.
(c) The application shall contain the
following information, as well as all other known information concerning
environmental contamination at the contaminated drycleaning site;
(1) The applicant shall provide an analysis
of one ground water sample which demonstrates that a release has occurred. The
sample shall be taken as follows:
(A) from a
water supply well;
(B) from a
monitoring well ;
(C) using
hydraulic push probe sampling equipment; or
(D) using some other sample collection device
approved by the department . Departmental approval for use of an alternate
sampling device shall be granted upon demonstration that the alternate sampling
device collects samples of quality equal to or greater than samples collected
as described in paragraphs (A) through (C).
(E) The sample shall be collected and
analyzed not more than one year prior to the day the application is received by
the department . The analysis shall be performed by a laboratory which is
certified for such analyses by the department . If the application is to
accompany a request for reimbursement, as set forth in K.A.R. 28-68-7, the
sample analysis indicating the highest level of contamination ever recorded at
the site shall be submitted.
(F)
With prior approval from the department , an analysis of a representative soil
sample may be substituted for the groundwater sample analysis.
(2) Each applicant shall submit,
if available, one of the following:
(A) a
geologic well log or logs from at least one monitoring or supply well; or
(B) hydrogeologic information from
the contaminated drycleaning site where the ground water sample or soil sample
was collected.
(3) The
applicant shall state the distance to the nearest known private domestic well,
public water supply well, surface water, or other receptor.
(4) The applicant shall provide a description
of the present use of the ground water in the area where the sample was
collected.
(d) Any
applicant may request that the department provide a written exemption from
submittal of certain information set forth in subsection (c). An exemption may
be granted by the department if the information:
(1) is not necessary for ranking; or
(2) is readily available to the
department .
(e) The
information set forth in subsection (c) shall be used by the department to rank
the contaminated drycleaning site in relation to other contaminated drycleaning
sites to aid in establishing priorities for fund expenditures as set forth in
K.A.R. 28-68-8.
(f) The
reasonable, direct costs incurred by the applicant to collect the information
required by subsection (c) only shall be credited to payment of the deductible
set forth in K.A.R. 28-68-6. On request by the department , the applicant shall
furnish invoices or other supporting information containing sufficient detail
for the department to determine that the costs were incurred to collect the
information and that the costs were paid.
(g) The completed application shall be
reviewed and a determination of eligibility shall be made by the department .
(h) A written notice of the
determination of eligibility shall be sent by the department to the applicant
as soon as a determination is made. If the site is determined ineligible for
the fund, the notice of the determination shall state the reason or reasons for
ineligibility.
Notes
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