Current through Register Vol. 43, No. 52, December 26, 2024
(a) Permitted
soild waste disposal areas. Each owner of a solid waste disposal area that is
required to have a permit and where wastes will remain at the solid waste
disposal area after closure may be required by the secretary to execute a
restrictive covenant or easement, or both. The restrictive covenant with the
register of deeds' stamp or the easement, or both, shall be submitted to the
department before the permit is issued.
(b) Solid waste disposal areas without a
permit. Each owner of a solid waste disposal area approved by the secretary
under K.S.A. 65-3407c, and amendments
thereto, may be required by the secretary to execute a restricitive covenant.
(c) Restrictive covenant. If
required, the owner shall execute and file with the county register of deeds a
restrictive covenant to run with the land that fulfills the following
requirements:
(1) Covers all areas that have
been or will be used for waste disposal;
(2) specifies the location of the solid waste
disposal area. Acceptable methods to determine the location shall include the
following:
(A) Obtaining a legal description
by measuring from the property boundaries;
(B) obtaining a legal description by
measuring from a permanent survey marker or benchmark; and
(C) obtaining the latitude and longitude,
accurate to within five meters, using a global positioning system;
(3) specifies the uses that may be
made of the solid waste disposal area after closure;
(4) requires that use of the property after
closure be conducted in a manner that preserves the integrity of waste
containment systems designed, installed, and used during operation of the solid
waste disposal areas, or installed or used during the postclosure maintenance
period;
(5) requires the owner or
tenant to preserve and protect all permanent survey markers and benchmarks
installed at the solid waste disposal area;
(6) requires the owner or tenant to preserve
and protect all environmental monitoring stations installed at the solid waste
disposal area;
(7) requires
subsequent property owners or tenants to consult with the department during
planning of any improvement to the site and to receive approval from the
department before commencing any of the following:
(A) Excavation or construction of permanent
structures;
(B) construction of
drainage ditches;
(C) alteration
of contours;
(D) removal of waste
materials stored on the site;
(E)
changes in vegetation grown on areas used for waste disposal;
(F) production, use, or sale of food chain
crops grown on land used for waste disposal; or
(G) removal of security fencing, signs, or
other devices installed or used to restrict public access to waste storage or
solid waste disposal areas; and
(8) provides terms whereby modifications to
the restrictive covenant or other land uses may be initiated or proposed by
property owners.
(d)
Easement. If required, the owner shall execute an easement allowing the
secretary, or the secretary's designee, to enter the premises to perform any of
the following:
(1) Complete items of work
specified in the site closure plan;
(2) perform any item of work necessary to
maintain or monitor the area during the postclosure period; or
(3) sample, repair, or reconstruct
environmental monitoring stations constructed as part of the site operating or
postclosure requirements.
(e) Conveyance of easement, title, or other
interest to real estate. Each offer or contract for the conveyance of easement,
title, or other interest to real estate used for the long-term storage or
disposal of solid waste shall contain a complete disclosure of all terms,
conditions, and provisions for long-term care and subsequent land uses that are
imposed by these solid waste regulations or the solid waste disposal area
permit. The conveyance of title, easement, or other interest in the property
shall not be consummated without adequate and complete provisions for the
continued maintenance of waste containment and monitoring systems.
(f) Permanence. All covenants, easements, and
other documents related to this regulation shall be permanent, unless
extinguished by agreement between the property owner and the secretary.
(g) Fees. All document-recording
fees shall be paid by the property owner.
(h) Federal government applicants and owners.
(1) For federal government applicants and
owners, the term "restrictive covenant" shall be replaced with "notice of
restrictions" throughout this regulation.
(2) The restrictions shall be recorded in the
base master plans or similar documents.
(3) If property that is owned by the federal
government and that has a notice of restrictions filed according to this
regulation is transferred to an entity other than the federal government, at
the time of transfer the owner shall file a restrictive covenant that meets the
requirements of this regulation.
