Kan. Admin. Regs. § 125-1-6

Current through Register Vol. 43, No. 49, December 5, 2024

Section 125-1-6 - Eligible corrective action costs

An eligible person may be reimbursed by the board for any of the following corrective action costs if the board deems the cost necessary and reasonable:

(a) Costs for equipment owned by the eligible person and used during a corrective action for excavating, trucking, land spreading and other similar activities, if all of the following apply:

(1) The equipment is reasonably sized and designed to perform the corrective action;

(2) the hours or units of equipment use are reasonable and necessary for the task performed; and

(3) the equipment costs do not exceed reasonable rental costs for equivalent equipment, including any operator costs;

(b) any oversight costs that the eligible person has paid to the Kansas department of health and environment;

(c) costs for the land spreading of agricultural chemicals as approved by the Kansas department of agriculture, which shall be reimbursed at the custom rate as determined by the local farm service administration office, but not to exceed $.50 per cubic yard per acre;

(d) normal employee wages, salaries, expenses, or fringe benefit allocations for time that the eligible party's employees actually spend on a corrective action;

(e) the cost of qualified professional services needed for the effective planning and implementation of corrective action, including engineering, hydrogeologic, field technician, hazardous waste disposal, and general contractor services;

(f) costs related to the investigation and source identification, including collecting and analyzing soil samples and groundwater. These costs may include costs for soil boring, installation of monitoring wells, sample collection, sample analysis, and related activities;

(g) costs to excavate contaminated soils and other contaminated media, including backfilling and grading to restore the contours or drainage characteristics of land altered by the corrective action. This subsection shall not authorize the reimbursement of costs incurred for the removal of buildings or other fixtures, except paving materials that are necessarily removed in the course of excavation;

(h) costs to collect, handle, transport, treat, and dispose of contaminated soils, groundwater, and other contaminated materials;

(i) costs associated with an emergency response that was necessary to abate acute risks to human health, safety, and the environment;

(j) costs to plant or till land on which the eligible person land spreads soils or water when the tilling or planting is required by the Kansas department of agriculture or the Kansas department of health and environment;

(k) costs associated with a corrective action that is required by the Kansas department of health and environment; or

(l) any other costs that the board deems necessary or reasonable.

Kan. Admin. Regs. § 125-1-6

Authorized by and implementing K.S.A. 2-3710; effective, T-125-9-5-01, Sept. 5, 2001; effective Jan. 4, 2002; amended by Kansas Register Volume 35, No. 21; effective 6/10/2016