65-1,227. Same; term; removal or expiration; modification; liability. - Kansas Statutes

65-1,227

Chapter 65.--PUBLIC HEALTH Article 1.--SECRETARY OF HEALTH AND ENVIRONMENT, ACTIVITIES

      65-1,227.   Same; term; removal or expiration;modification; liability.(a) An environmental use control may be granted eitherin perpetuity or for a termof years, as determined by the department. An environmental use control maynot be approved fora term of years unless provisions are included that ensures the protection ofhuman health and theenvironment beyond the expiration of the environmental use control. Uponexpiration of the termif contamination remains above department standards, as set forth in theapprovedenvironmental use control,the department can require additional action.

      (b)   An environmental use control runs with the land and is binding on allsuccessors ininterest to property until the environmental use control is removed upon thedepartment's approval or upon expiration of the term of the environmental usecontrol.

      (c)   An environmental use control shall be removed if the property ownerdemonstrates tothe department's satisfaction that the original risk to human health or theenvironment which created the need for the control is no longer present. Anowner must submit a request to the departmentforapproval to remove all or a portion of the environmental use controls from theproperty. Thedepartment shall review the request and provide the owner with the department'sdecision to approveor deny the request within 120 days after the department's receipt of therequest. If the departmentdenies the request, justification shall be provided to the owner with a writtenexplanation of thedenial, which may include that the applicant has not provided the documentationto demonstrate that therequest is protective of human health and the environment, as determined by thedepartment.

      (d)   If the department approves an owner's request to remove all or a portionof environmentaluse controls, the owner shall file the approval with the register of deeds inthe county where theproperty is located.

      (e)   An environmental use control may not be extinguished, limited or impairedthroughadverse possession, abandonment, waiver, lack of enforcement or other commonlaw principlesrelating to covenants or by the exercise of eminent domain.

      (f)   An environmental use control may be modified by mutual written agreementby theproperty owner and the department.

      (g)   The department shall not acquire any liability by virtue of approving anenvironmentaluse control or by approving removal of all or a portion of environmental usecontrols.

      History:   L. 2003, ch. 130, § 7; July 1.