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HOUSE BILL No. 2169
AN A CT concerning hazardous materials; relating to responsibility for costs associated
with application of commercial pesticides; providing an exemption from remediation
costs or other liability for owners of certain property located in Johnson county;
amending K.S.A. 65-3453 and 65-3455 and repealing the existing sections.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 65-3453 is hereby amended to read as follows:
65-3453. (a) The secretary shall have the power to:
(1) Determine that the clean up of a site is necessary to protect the
public health or the environment;
(2) expend and authorize the expenditure of moneys from the
environmental response fund;
(3) issue clean-up orders to persons responsible for the health or
environmental hazard created by the hazardous substance;
(4) recover moneys from persons responsible for the health or
environmental hazard created by the hazardous substance;
(5) assign personnel and equipment necessary to carry out the
purpose of this act;
(6) enter into contracts or agreements with any person or company
to conduct the necessary clean-up operations.
(b) Any authorized officer, employee or agent of the department or
any person under contract with the department may enter onto any
property or premises, at reasonable times and upon written notice to the
owner or occupant, to gather data, conduct investigations, or take
remedial action where the secretary determines that such action is
necessary to protect the public health or environment:
(1) If consent is not granted by the person in control of a site or
suspected site regarding any request made by any employee or agent of
the secretary under the provisions of this section, the secretary may
issue an order directing compliance with the request. The order may be
issued after such notice and opportunity for consultation as is
reasonably appropriate under the circumstances;
(2) The secretary may ask the attorney general to commence a
civil action to compel compliance with a request or order referred to in
paragraph (1). Where there is a reasonable basis to believe there may be
pollution, the court shall take the following actions:
(A) In the case of interference with entry or investigation, the
court shall enjoin such interference or direct compliance with orders to
prohibit interference with entry or investigation unless under
circumstances of the case the demand for entry or investigation is
arbitrary and capricious, an abuse of discretion, or otherwise not in
accordance with law;
(B) In the case of information or document requests or orders, the
court shall enjoin interference with such information or document
requests or orders or direct compliance with the requests or orders to
provide such information or documents unless under the circumstances
of the case the demand for information or documents is arbitrary and
capricious, an abuse of discretion, or otherwise not in accordance with
law;
(3) All orders issued hereunder shall be subject to the provisions
of K.S.A. 65-3456a and amendments thereto.
(c) The secretary is hereby authorized to adopt any rules and
regulations necessary to carry out the provisions of this act.
(d) Notwithstanding any other provisions of this act or Kansas
law, no state agency or subdivision thereof shall issue cleanup orders,
seek recovery of money, promulgate regulations or guidance , fail to
timely grant approvals for any permit under any state program,
including issuance of a no further action approval or resource
conservation and recovery act permit modification, or otherwise
require any person owning or possessing any interest in property
HOUSE BILL No. 2169—page 2
previously owned by the United States army that is located in Johnson
county, to be subject to or responsible for any nonresidential property
restrictions on use of such land or the costs of investigation, removal or
remediation of soil, groundwater or surface water where legally
registered pesticidal commercial chemical products were applied at or
near structures on land to control pests by the United States army at
such property prior to 2005. The provisions of this subsection shall
only be applicable to any such person if the property owned by such
person is nonresidential. Any such person owning such nonresidential
property shall be responsible for the costs of investigation, removal or
remediation of soil, groundwater or surface water of contamination as
provided by law, including, but not limited to, contamination by legally
registered pesticidal commercial chemical products, if such person
converts such property to residential property or such property is
constructed as a day care facility. Any person owning such
nonresidential property shall include in any deed transferring such
property a notice of the potential presence of legally registered
pesticidal commercial chemical products on such property that may
need to be remediated, as determined by the Kansas department of
health and environment, if the property is ever used for residential
purposes, and such notice shall run with the land and remain
permanently on all future deeds until the property is confirmed not to
contain pesticidal products at concentrations exceeding residential
levels or the property has been remediated to meet residential levels as
provided by law. It is the intent of the legislature that the provisions of
this subsection shall be applied retroactively.
Sec. 2. K.S.A. 65-3455 is hereby amended to read as follows: 65-
3455. Except as provided by K.S.A. 65-3453(d), and amendments
thereto, any person responsible for the discharge, abandonment or
disposal of hazardous substances which the secretary determines is
necessary to be cleaned up pursuant to K.S.A. 65-3453 and
amendments thereto shall be responsible for the payment of the costs of
investigation to determine whether remedial action is necessary at the
site. If remedial action is required to protect the public health and
environment, the costs of that remedial action shall be borne by the
responsible party. If the secretary incurs costs or expends funds for
such activities, the responsible person shall be notified of such costs
and expenditures and shall make repayment of all costs incurred for
response to the site in accordance with K.S.A. 65-3454a and
amendments thereto. If the responsible person fails to pay for such
costs, such payment or repayment shall be recoverable in an action
brought by the secretary in the district court of Shawnee county. Any
money recovered under this section shall be deposited in the
environmental response fund.
HOUSE BILL No. 2169—page 3
Sec. 3. K.S.A. 65-3453 and 65-3455 are hereby repealed.
Sec. 4. This act shall take effect and be in force from and after its
publication in the statute book.
I hereby certify that the above BILL originated in the HOUSE, and was
adopted by that body
HOUSE adopted
Conference Committee Report
Speaker of the House.
Chief Clerk of the House.
Passed the SENATE
as amended
SENATE adopted
Conference Committee Report
President of the Senate.
Secretary of the Senate.
APPROVED
Governor.