Kan. Admin. Regs. § 28-73-3 - Environmental use control agreements
(a) If the
secretary approves an application for environmental use controls, an
environmental use control agreement for the eligible property shall be issued
by the secretary in a standardized format that contains all of the following
components, as applicable to that eligible property:
(1) A description of the control,
restriction, prohibition, or limitation that constitutes each of the
environmental use controls proposed by the applicant in the application package
and approved by the secretary;
(2)
a legal description of the eligible property;
(3) authorization for the department and the
department's contractors to have access to the eligible property as required by
the act;
(4) a statement of the
funding requirements established by the secretary as specified in the act or,
for category 3 property, a reference incorporating the long-term care agreement
required by
K.S.A. 65-1,226 and amendments thereto and K.A.R.
28-73-4 ;
(5) for category 3
property, a statement indicating whether financial assurance is required, as
specified in
K.S.A. 65-1,224, and amendments thereto, K.A.R.
28-73-1, and K.A.R. 28-73-5 ;
(6)
the length of time during which the environmental use control agreement is to
be in effect;
(7) a description of
any monitoring, inspection, or maintenance requirements;
(8) a description of the specific terms and
conditions that are to be applied as part of the environmental use controls for
the eligible property;
(9) a
description of the enforcement provisions that are authorized by
K.S.A. 65-1,229, and amendments thereto;
(10) a list of any local, state, or federal
government restrictions, prohibitions, or zoning requirements that pertain to
the eligible property;
(11) an
acknowledgment of the environmental use control agreement that is to be
endorsed with the seal of the register of deeds in and for the county where the
eligible property is located, pursuant to
K.S.A. 19-1206, and amendments thereto; and
(12) a description of any other
requirements established for the eligible property by the secretary to ensure
the protection of public health and safety and the environment.
(b) Upon approval of an
application, the following documents shall be sent to the applicant by the
secretary:
(1) A letter approving the
application; and
(2) the
environmental use control agreement with the notarized signature of the
secretary.
(c) In order
for the environmental use control agreement to be effective, upon receipt of
the agreement the applicant shall return to the secretary the environmental use
control agreement with the notarized signature of the applicant and the seal of
the register of deeds indicating that the agreement has been recorded as
required by
K.S.A. 65-1,225, and amendments thereto. The
applicant shall submit with the agreement any payment necessary to fulfill the
funding requirements established by the environmental use control agreement.
(d) The recorded copy of the
environmental use control agreement shall be tracked by the department as
specified in
K.S.A. 65-1,230, and amendments thereto.
Notes
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