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As Amended by Senate Committee
{As Amended by House Committee of the Whole}
Session of 2025
HOUSE BILL No. 2340
By Committee on Commerce, Labor and Economic Development
Requested by Stephen Duerst on behalf of Astra Enterprise Park
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AN ACT 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;
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(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 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 used for 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
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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
nonresidential levels or the property has been remediated to meet
residential levels as provided by law {.} It is the intent of the legislature
that this provision {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.
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.
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