65-34,100. Kansas storage tank act; statement of legislative findings. The legislature finds that: (a) Protection of the environment of this state promotes the health and general welfare of the citizens of this state; and (b) the state’s responsibility to promote the public health and welfare requires a comprehensive approach to protect the environment by preventing […]
65-34,101. Same; citation of act. K.S.A. 65-34,101 through 65-34,124 shall be known and may be cited as the Kansas storage tank act. History: L. 1989, ch. 186, § 2; May 18.
65-34,102. Definitions. As used in the Kansas storage tank act: (a) “Aboveground storage tank” means: (1) Any storage tank in which greater than 90% of the tank volume, including volume of the piping, is not below the surface of the ground; or (2) any storage tank situated in an underground area, such as a basement, […]
65-34,103. Exceptions to application of act. Except as provided in K.S.A. 65-34,119, and amendments thereto, the Kansas storage tank act shall not apply to: (a) Farm or residential tanks of 1,100 gallons or less capacity used for storing motor fuel for noncommercial purposes; (b) tanks used for storing heating oil for consumptive use on a […]
65-34,104. Same; notification to department of tank’s existence; form. (a) Each owner of a storage tank shall notify the department of the tank’s existence, including age, size, type, location, associated equipment and uses. (b) In addition and to the extent known, each owner of an underground storage tank which has not been removed, but was […]
65-34,105. Rules and regulations. (a) The secretary is authorized and directed to adopt rules and regulations necessary to administer and enforce the provisions of this act. Any rules and regulations so adopted shall be reasonably necessary to preserve, protect and maintain the waters and other natural resources of this state, and reasonably necessary to provide […]
65-34,106. Permit to construct, install, modify or operate storage tank. (a) No person shall construct, install, modify or operate a storage tank unless a permit or other approval is obtained from the secretary. Applications for permits shall include proof that the required performance standards will be met and applications for underground storage tank permits shall […]
65-34,107. Same; evidence of financial responsibility required; limitation of liability. (a) Each owner or operator of an underground storage tank shall provide evidence of financial responsibility. (b) If the owner or operator is in bankruptcy, reorganization or arrangement pursuant to the federal bankruptcy law, or if jurisdiction in any state or federal court cannot be […]
65-34,108. Enforcement of act; duties of owner or operator; records, reports, documents, other information. (a) For the purposes of developing or assisting in the development of any rule and regulation, conducting any study or enforcing the provisions of this act: (1) It shall be the duty of any owner or operator of a storage tank, […]
65-34,109. Unlawful acts; penalties. (a) It shall be unlawful for any owner or operator of a storage tank to deposit, store or dispense, or permit any person to deposit, store or dispense, any regulated substance into such storage tank which does not comply with the provisions of this act, the rules and regulations promulgated hereunder, […]
65-34,110. Same; licensure of tank installers and contractors; duties of secretary; examinations; inspections; unlawful acts, penalties; qualifications for licensure; reciprocal agreements; validity of license. (a) It shall be unlawful for any person to practice, or hold oneself out as authorized to practice, as an underground storage tank installer or underground storage tank contractor or use […]
65-34,111. Same; denial, suspension or revocation of license, when. The secretary may deny any license applied for, or suspend or revoke any license issued, pursuant to K.S.A. 65-34,110 if the secretary finds, after notice and the opportunity for a hearing conducted in accordance with the provisions of the Kansas administrative procedure act, that the applicant […]
65-34,112. Same; agreements between secretary and local governments or agencies thereof to act as secretary’s agent to carry out provisions of act. The secretary and the governing body of any city, county or other political subdivision may enter into agreements authorizing the local fire department, building inspection department, health department, department of environmental control or […]
65-34,113. Civil penalties and remedies for violations. (a) Any person who violates any provisions of K.S.A. 65-34,109 or 65-34,110, and amendments thereto, shall incur, in addition to any other penalty provided by law, a civil penalty in an amount of up to $10,000 for every such violation, and in case of a continuing violation, every […]
65-34,114. Underground petroleum storage tank release trust fund. (a) There is hereby established as a segregated fund in the state treasury the underground petroleum storage tank release trust fund, which shall be a continuation of the petroleum storage tank release trust fund. The underground fund shall be administered by the secretary. Revenue from the following […]
65-34,115. Liability for costs of corrective action. Except as otherwise provided in this act, an owner or operator of a petroleum storage tank, or both, shall be liable for all costs of corrective action taken in response to a release from such petroleum storage tank. Eligibility to participate in the underground fund may be submitted […]
65-34,117. Environmental assurance fee; disposition of proceeds. (a) There is hereby established on and after July 1, 1992, an environmental assurance fee of $.01 on each gallon of petroleum product, other than aviation fuel, manufactured in or imported into this state. The environmental assurance fee shall be paid by the manufacturer, importer or distributor first […]
65-34,118. Corrective action; duties of owners and operators; duties of secretary; consent agreement, contents. (a) Whenever the secretary has reason to believe that there is or has been a release into the environment from a petroleum storage tank and has reason to believe that such release poses a danger to human health or the environment, […]
65-34,119. Reimbursement from aboveground and underground funds for corrective actions; conditions. (a) (1) Subject to the provisions of subsection (b), an owner or operator is entitled to reimbursement of reasonable costs of corrective action taken in response to a release from a petroleum storage tank if: (A) The owner or operator is not the United […]
65-34,119a. Retroactive reimbursement from underground fund. (a) An owner or operator shall be entitled to reimbursement from the underground fund for the costs of corrective action taken on or after April 1, 1990, in response to a release from an underground petroleum storage tank which was discovered on or after December 22, 1988, to the […]
