Kansas Administrative Regulations
Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT
Article 68 - KANSAS DRYCLEANER ENVIRONMENTAL RESPONSE ACT
Section 28-68-7 - Reimbursement of corrective action costs
Universal Citation: KS Admin Regs 28-68-7
Current through Register Vol. 43, No. 39, September 26, 2024
(a) Reimbursement. Any applicant may request reimbursement from the fund for the applicant's corrective action costs, minus the deductible set forth in K.S.A. 1995 Supp. 65-34,148, subsection (i), for work performed at a contaminated drycleaning site which is determined to be eligible for the fund.
(1) Reimbursable costs
shall be limited to costs for corrective action approved by the department,
including direct costs incurred by the applicant. Each applicant shall
substantiate reimbursable costs with contractor and subcontractor invoices or
other reasonably reliable documentation.
(2) For each contaminated drycleaning site,
reimbursement for corrective action costs incurred prior to July 1, 1995, shall
be limited to $100,000.00, minus the applicable deductible.
(3) Reimbursement for corrective action costs
incurred on or after July 1, 1995, for any contaminated drycleaning site shall
be limited, in any year, to 10 percent of the fund's income for the previous
fiscal year. The applicable deductible shall be subtracted from the first-year
reimbursement.
(4) Each eligible
site shall receive priority for reimbursement according to the ranking of the
contaminated drycleaning sites set forth in K.A.R. 28-68-8, subsection (b).
(b) Application for reimbursement.
(1) If an application for
ranking has not been submitted previously to the department, the applicant
shall follow the application procedure set forth in K.A.R. 28-68-5.
(2) Each applicant shall submit a signed
request for reimbursement to the department on a form prepared by the
department.
(3) If the applicant
is not the real property owner, the applicant shall provide proof that the real
property owner has been notified of the request for reimbursement.
(4) If the property is leased, and the
applicant is not the lessee, the applicant shall provide proof that the lessee
has been notified of the request for reimbursement.
(5) Each request for reimbursement shall
contain:
(A) a copy of the notice of
eligibility from the department;
(B) the name and address of the entity or
entities to receive the reimbursement;
(C) a copy of all work plans generated to
perform the corrective action for which reimbursement is sought;
(D) a copy of all reports generated during
the corrective action;
(E) a copy
of the department approval documents for corrective action at the contaminated
drycleaning site; and
(F) a copy
of contractor and subcontractor invoices or other reasonably reliable
documentation for work performed prior to July 1, 1995, and approved by the
department.
(i) Each applicant shall provide
invoices or other reasonable reliable documentation with sufficient detail and
supporting information to document that the costs were incurred to perform work
discussed in the work plans, corrective action plan, or other work approved by
the department.
(ii) Each
applicant shall be required to submit to the department copies of cancelled
checks, if available, showing payment for the work.
(iii) If cancelled checks are not available,
each applicant shall be required to submit to the department an affidavit of
expenditures and supporting documentation showing that the costs were incurred
and paid to perform work approved by the department. The form for the affidavit
of expenditures shall be provided by the department.
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