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65-34,147. Same; criteria for expenditures.

65-34,147

Chapter 65.--PUBLIC HEALTH
Article 34.--SOLID AND HAZARDOUS WASTE

      65-34,147.   Same; criteria for expenditures.It is the intent of the legislature that, to the maximum extentpossible, moneys in the fund be utilizedto address contamination resulting from releases of drycleaning solvents. Thedepartment is directed to administer the Kansas drycleaner environmentalresponse act under the following criteria:

      (a)   To the maximum extent possible, the department itself should deal withcontamination from drycleaning facilities utilizing moneys in thefund. The department should discourage other units ofgovernment, both federal and local, including the United States environmentalprotection agency, from becoming involved in contamination problems resultingfrom releases from drycleaning facilities.

      (b)   The department should make every reasonable effort to keep sites wheredrycleaningsolvents are involved off of the national priorities list, as defined in 40C.F.R. 300.5.

      (c)   The department should not seek out contaminateddrycleaning facility sites because of the existence of thefund or the other provisions of this act. The moneys are madeavailable for use as sites are discovered in the normal course of the businessof the agency.

      (d)   Careful consideration should be given to interim or early correctiveaction which may result in an overall reduction of risk to human health and theenvironment and in the reduction of total costs of corrective action at a site.Such interim or early corrective action should receive consideration by thedepartment as a high priority.

      (e)   The department, in its discretion, may use innovative technology toperform corrective action.

      History:   L. 1995, ch. 162, § 4; July 1.

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