Kan. Admin. Regs. § 28-73-6 - Duration of environmental use controls
(a) Each
environmental use control shall remain in effect in perpetuity, unless the
secretary approves, in writing, the removal of an environmental use control or,
by its own terms, the environmental use control agreement expires.
(b) Any applicant may submit with the
application a written request for approval of a provision in the environmental
use control agreement specifying the number of years the environmental use
control is to remain in effect. The request shall be reviewed by the secretary,
and the applicant shall be notified by the secretary of the secretary's
approval or denial of the request.
(c) If an approved environmental use control
agreement will expire after a stated term of years or the owner seeks to
terminate an environmental use control agreement, the owner shall submit a
detailed work plan to the secretary that outlines the proposed methods of
sampling and evaluating the residual contaminant levels on the eligible
property. The owner shall submit the work plan before the expiration or
termination of the environmental use control agreement. After consideration and
approval of the work plan by the secretary, all of the following shall occur:
(1) The owner shall execute the approved work
plan.
(2) The owner shall document
and submit the results of the sampling to the secretary in a report and include
recommendations for future actions to protect public health and safety and the
environment at the eligible property.
(3) Following the secretary's review of the
report and recommendations for future actions, the report and recommendations
shall be approved, approved with conditions, or disapproved by the secretary.
Notes
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