Kan. Admin. Regs. § 28-74-3 - Risk management plan
(a) Each risk
management plan shall include the following:
(1) Demonstration that all of the following
conditions have been met:
(A) The extent of
the environmental contamination has been determined;
(B) the source reduction has been completed,
if necessary;
(C) the contaminant
concentration trends are not dependent on the continued operation and
maintenance of active remediation systems;
(D) the associated groundwater contaminant
plume is stable or shrinking, if applicable;
(E) imminent future exposure is not likely;
and
(F) all current complete
exposure pathways have been addressed;
(2) any site-specific requirements for
monitoring, inspection, or maintenance;
(3) a process for completing routine
verification of and notices to property owners and occupants;
(4) a description of the specific terms and
conditions that shall be in effect for the duration of the risk management
plan; and
(5) a process for
redefining the area within the site to which the risk management plan
applies.
(b) Upon review
of each draft risk management plan, a notification shall be issued to the
applicant, either approving the draft risk management plan or noting
deficiencies in the draft risk management plan and describing the modifications
necessary to address the deficiencies. The applicant may then submit a revised
draft risk management plan for the secretary's approval.
(c) If the secretary and the applicant are
unable to agree on an appropriate risk management plan, notification that the
application is void shall be provided by the department to the applicant. An
invoice for the costs incurred by the department to process the application
package and review the draft risk management plan shall be included in the
notification.
(d) Each risk
management plan shall be implemented upon the effective date of the risk
management plan agreement.
Notes
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