Kan. Admin. Regs. § 28-74-4 - Risk management plan agreement
(a)
Pursuant to K.S.A. 2015 Supp.
65-34,176 and amendments thereto,
a risk management plan agreement shall be required for each site.
(b) Upon approval of a risk management plan,
a risk management plan agreement shall be issued by the secretary and shall
include the following information:
(1) A
description of site conditions and specification of any monitoring, inspection,
or maintenance requirements proposed by the participant and approved by the
secretary;
(2) a description of the
area within the site to which the risk management plan applies;
(3) authorization for agents of the
department to have access to the site as necessary to monitor and inspect all
risk management plan activities, as required by the act;
(4) identification of the one-time payment to
reimburse the department for all direct and indirect costs incurred by the
department in implementing and administering the risk management plan required
by K.S.A. 2015 Supp.
65-34,176, and amendments
thereto;
(5) a description of the
specific terms and conditions that shall be applied as part of the risk
management plan for the area within the site to which the risk management plan
applies; and
(6) a description of
the enforcement provisions authorized by K.S.A. 2015 Supp.
65-34,176, and amendments
thereto.
(c) The risk
management plan agreement shall be effective with the signature of the
secretary.
(d) Any participant may
request a transfer of the obligations specified in the risk management plan
agreement to another person. The following requirements for each transfer shall
be met:
(1) Each participant requesting a
transfer shall provide written notice to the department indicating that both
the participant and the transferee agree to the transfer.
(2) A review of site conditions and
consideration of the transferee's capacity to implement the risk management
plan shall be factors in the secretary's determination of approving the
transfer.
(3) The automatic
transfer of risk management plan agreement obligations shall be prohibited. The
participant and the transferee shall comply with the risk management plan
agreement until an amendment conveying the responsibilities from the
participant to the transferee has been executed.
(e) A long-term care agreement as required by
K.S.A. 65-1,226, and amendments thereto, may replace
a risk management plan agreement for a site where environmental use controls
are established in conjunction with a risk management plan if the long-term
care agreement meets the requirements of the risk management plan.
(f) If site conditions change or new
information that could warrant additional action becomes available, a risk
management plan agreement shall not absolve any party of environmental
liability associated with the site under state and federal law.
Notes
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