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 for the prompt investigation and cleanup of sites contaminated by a release from a storage tank. In addition, any rules and regulations or portions thereof that pertain to underground storage tanks or the owners and operators thereof shall be adopted for the purpose of enabling the secretary and the department to implement the federal act, and such rules and regulations so adopted shall be consistent with the federal act. Consistent with these purposes, the secretary shall adopt rules and regulations:
(1) Establishing performance standards for underground storage tanks first brought into use on or after May 18, 1989. The performance standards for new underground storage tanks shall include, but are not limited to, design, construction, installation, release detection and product compatibility standards;
(2) establishing performance standards for aboveground storage tanks brought into use after May 18, 1989. The performance standards shall not exceed those performance standards adopted by the administrator of the U.S. environmental protection agency and for new aboveground storage tanks shall include, but are not limited to, design, construction, installation, release detection and product compatibility standards;
(3) establishing performance standards for the inground repair of underground storage tanks. The performance standards shall include, but are not limited to, specifying under what circumstances an underground storage tank may be repaired and specifying design, construction, installation, release detection, product compatibility standards and warranty;
(4) establishing performance standards for maintaining spill and overfill equipment, leak detection systems and comparable systems or methods designed to prevent or identify releases. In addition, the secretary shall establish standards for maintaining records and reporting leak detection monitoring, inventory control and tank testing or comparable systems;
(5) establishing requirements for reporting a release and for reporting and taking corrective action in response to a release;
(6) establishing requirements for maintaining evidence of financial responsibility to be met by owners and operators of underground storage tanks;
(7) establishing requirements for the closure of storage tanks including the removal and disposal of storage tanks and regulated substance residues contained therein to prevent future releases of regulated substances into the environment;
(8) for the approval of tank tightness testing methods, including determination of the qualifications of persons performing or offering to perform such testing;
(9) establishing site selection and cleanup criteria regarding corrective actions related to a release. Such criteria shall address the following: The physical and chemical characteristics of the released substance, including toxicity, persistence and potential for migration; the hydrogeologic characteristics of the release site and the surrounding land; the proximity, quality and current and future uses of groundwater; an exposure assessment; the proximity, quality and current and future use of surface water; and the level of the released substance allowed to remain on the facility following cleanup;
(10) prescribing fees for the following with regard to storage tanks: Registration, issuance of permits, approval of plans for new installations and conducting of inspections. The fees shall be established in such amounts that revenue from such fees does not exceed the amount of revenue required for the purposes provided by K.S.A. 65-34,128(b). All fees collected pursuant to this subsection shall be deposited in the storage tank fee fund;
(11) for determining the qualifications, adequacy of performance and financial responsibility of persons desiring to be licensed as underground storage tank installers or contractors. In adopting rules and regulations, the secretary may specify classes of specialized activities, such as the installation of corrosion protection devices or inground relining of underground storage tanks, and may require persons wishing to engage in such activities to demonstrate additional qualifications to perform these services;
(12) prescribing fees for the issuance of licenses to underground storage tank installers and contractors. The fees shall be established in such amounts that revenue from such fees does not exceed the amount of revenue determined by the secretary to be required for administration of the provisions of K.S.A. 65-34,110 and amendments thereto; and
(13) adopting schedules requiring the retrofitting of underground storage tanks in existence on May 18, 1989, and aboveground storage tanks in existence on July 1, 1992, and for the retirement from service of underground storage tanks placed in service prior to May 18, 1989, and aboveground storage tanks placed in service prior to July 1, 1992. Such schedules shall be based on the age and location of the storage tank and the type of substance stored. Such retrofitting shall include secondary containment, corrosion protection, linings, leak detection equipment and spill and overfill equipment.
(b) In adopting rules and regulations under this section, the secretary shall take notice of rules and regulations pertaining to fire prevention and safety adopted by the state fire marshal pursuant to K.S.A. 31-133(a)(1), and amendments thereto.
(c) Nothing in this section shall interfere with the right of a city or county having authority to adopt a building or fire code from imposing requirements more stringent than those adopted by the secretary pursuant to subsections (a)(1), (2), (3), (7) and (13), or affect the exercise of powers by cities, counties and townships regarding the location of storage tanks and the visual compatibility of aboveground storage tanks with surrounding property.
History: L. 1989, ch. 186, § 6; L. 1992, ch. 305, § 1; L. 2021, ch. 3, § 1; July 1.
Structure Kansas Statutes
Article 34 - Solid And Hazardous Waste
65-3407a Special land use permit for operation of solid waste disposal area void, when.
65-3407b Application of subsection (i)(2) of 65-3407 and 65-3407a.
65-3407c Exemptions from permit requirement; rules and regulations; reports.
65-3408 Compliance with act by state institutions and agencies; permits; contracts.
65-3409 Unlawful acts; penalties.
65-3410a Cities; counties; solid waste plan restrictions.
65-3410b Solid waste report; secretary of health and environment; certain legislative committees.
65-3411 Orders to prevent pollution or hazard.
65-3412 Hearings in accordance with Kansas administrative procedure act; judicial review.
65-3413 Designation of local agency to act as agent of secretary.
65-3414 Enforcement by county or district attorney.
65-3415a Solid waste management fund.
65-3415b Solid waste tonnage fees.
65-3415e Fees on disposal at private disposal areas.
65-3417 Solid waste plans and programs; considerations; judicial review of secretary's actions.
65-3419 Violations of act; penalties; procedure; injunctions.
65-3421 Resource recovery facilities provided by cities or counties; contracts.
65-3424a Restrictions on disposal.
65-3424b Permits and standards.
65-3424d Tax on new tire sales.
65-3424e Same; failure to pay tax; penalties.
65-3424g Waste tire management fund.
65-3424h Same; rules and regulations.
65-3424i Tire retailers; requirements.
65-3424k Abatement and enforcement actions by secretary.
65-3424l Vehicle tire disposal; hearings and review of orders and decisions of secretary.
65-3425 Plastic bottles and containers; labeling requirements; violations; penalties.
65-3426 Solid waste grants advisory committee.
65-3427 Limitation on number of employees for solid waste management.
65-3428 Plastic bulk merchandise container sales; definitions; requirements.
65-3430 Hazardous wastes; definitions.
65-3431 Duties and functions of secretary; standards; permits; fees.
65-3433 Permit, construction or modification of facility; duties of secretary.
65-3435 Same; conditions precedent to approval of application.
65-3437 Same; application for permits, contents; duties of secretary.
65-3438 Same; secretary's decision on permit application; time period, extensions.
65-3439 Same; terms and conditions; revocation or suspension; appeals.
65-3440 Permit, revocation or suspension, hearing; judicial review.
65-3441 Unlawful acts; penalties.
65-3442 Same; vesting of title to hazardous waste; liability for cleanup costs.
65-3443 Prevention or removal of hazard or pollution.
65-3444 Violations of act; penalties.
65-3445 Protection from hazards; orders and injunctions; judicial review.
65-3446 Administrative penalties; procedure; hearing; judicial review.
65-3447 Administrative penalties; trade secrets; duties of secretary; disclosure of information.
65-3450 Same; intervention of interested parties in civil actions.
65-3451 Same; time schedule for regulation of generators by secretary.
65-3452a Definition of hazardous substances.
65-3453 Authority of secretary concerning clean-up activities.
65-3454a Environmental response fund created; receipts and expenditures; subaccounts.
65-3455 Responsibility for payment of clean-up costs; actions to recover costs.
65-3456a Review of secretary's actions or decisions.
65-3457a Existing law regarding oil and gas pollution not affected.
65-3458 Burial prohibited; exceptions; procedure.
65-3491 Hazardous waste management fund.
65-34,100 Kansas storage tank act; statement of legislative findings.
65-34,101 Same; citation of act.
65-34,103 Exceptions to application of act.
65-34,104 Same; notification to department of tank's existence; form.
65-34,105 Rules and regulations.
65-34,106 Permit to construct, install, modify or operate storage tank.
65-34,107 Same; evidence of financial responsibility required; limitation of liability.
65-34,109 Unlawful acts; penalties.
65-34,111 Same; denial, suspension or revocation of license, when.
65-34,113 Civil penalties and remedies for violations.
65-34,114 Underground petroleum storage tank release trust fund.
65-34,115 Liability for costs of corrective action.
65-34,117 Environmental assurance fee; disposition of proceeds.
65-34,119 Reimbursement from aboveground and underground funds for corrective actions; conditions.
65-34,119a Retroactive reimbursement from underground fund.
65-34,120 Liability of state and its officers and employees limited; fund liability limits.
65-34,121 Annual report to governor and legislature.
65-34,122 Same; appeals from orders or decisions of secretary, procedure.
65-34,123 Abolishment of the underground fund and the aboveground fund.
65-34,124 Same; effective date of K.S.A. 65-34,114 through 65-34,123.
65-34,126 Third party liability insurance plan.
65-34,128 Storage tank fee fund.
65-34,129 Aboveground petroleum storage tank release trust fund.
65-34,130 Retroactive reimbursement from aboveground fund.
65-34,131 UST redevelopment fund; expenditures.
65-34,132 UST redevelopment fund; reimbursement.
65-34,133 UST redevelopment fund compensation advisory board.
65-34,134 Abolishment of UST redevelopment fund and compensation advisory board.
65-34,135 Underground storage tank operators, training program; requirements.
65-34,137 Non-fuel flammable or combustible liquid aboveground storage tank system fund.
65-34,138 Underground storage tank systems; secondary containment.
65-34,139 Underground storage tank systems; reimbursement for replacement.
65-34,141 Kansas drycleaner environmental response act; citation of act.
65-34,143 Rules and regulations.
65-34,144 Unlawful acts; penalties.
65-34,145 Registration; fee; posting.
65-34,146 Trust fund; establishment; credits; expenditures.
65-34,147 Same; criteria for expenditures.
65-34,149 Liability limitations.
65-34,150 Environmental surcharge, gross receipts tax; disposition of proceeds.
65-34,151 Fee on purchase or acquisition of drycleaning solvent; disposition of proceeds.
65-34,152 Imposition of taxes and fees dependent on fund balance.
65-34,153 Review of secretary's orders and decisions.
65-34,154 Annual report to legislature.
65-34,161 Title and application.
65-34,163 Rules and regulations.
65-34,164 Voluntary application; application of other laws; eligible property.
65-34,166 Remedial action; determination whether required; plan.
65-34,167 Same; alternatives; factors considered.
65-34,169 Determination no further action required; issuance; void, when.
65-34,171 Application of other laws; EPA involvement.
65-34,172 Plan; enforcement; use of information as basis of other enforcement actions.
65-34,175 Environmental stewardship fund; expenditures.
65-34,176 Risk management program act; risk management fund, expenditures; rules and regulations.
65-34,177 Contaminated property redevelopment act; citation of act.
65-34,180 Same; requirements by the department.
65-34,182 Same; modification of CELR.
65-34,183 Same; department remedies for providing fraudulent information.
65-34,184 Same; contaminated property redevelopment fund.