Terms Used In Kansas Statutes 65-34,180
- CELR: means a certificate issued by the department that releases the purchaser from environmental liability for contamination existing at the time of issuance of the CELR on a property from actions taken by the bureau of environmental remediation under K. See Kansas Statutes 65-34,178
- Department: means the Kansas department of health and environment. See Kansas Statutes 65-3402
- Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
- Oversight: Committee review of the activities of a Federal agency or program.
- Property: means real property. See Kansas Statutes 65-34,178
- Purchaser: means any person who is acquiring property through purchase, foreclosure or default. See Kansas Statutes 65-34,178
- Release: means any spill, leak, emission, discharge, escape, leak or disposal of drycleaning solvent from a drycleaning facility into the soils or waters of the state. See Kansas Statutes 65-34,142
- Site: means all areas and media to which environmental contamination or pollution has been released, transported or migrated. See Kansas Statutes 65-34,178
(a) In addition to the findings required for a determination of eligibility by the department pursuant to K.S.A. 65-34,179, and amendments thereto, the department shall only grant a CELR upon the following conditions:
(1) The department determines that the purchaser has not caused or exacerbated and will not exacerbate the contamination on the property;
(2) the purchaser agrees to disclose the CELR to subsequent purchasers until the property can be used for unrestricted use;
(3) the purchaser agrees to reasonable access for future environmental investigation and remediation by the department or other party performing investigation and remediation under the oversight of the department; and
(4) the purchaser agrees to provide the department notification within 30 days of any transfer or sale of property that is subject to a CELR.
(b) Property shall not be eligible for a CELR if:
(1) The contamination on the property is subject to regulation under the nuclear energy development and radiation control act, K.S.A. 48-1601 et seq., and amendments thereto;
(2) the property is the source of the contamination and it is eligible for cleanup under the Kansas storage tank act, K.S.A. 65-34,100 et seq., or the Kansas drycleaner environmental response act, K.S.A. 65-34,141 et seq., and amendments thereto, unless the site has been enrolled into the appropriate cleanup program under such acts as applicable;
(3) the property is the source of the contamination and it is listed or proposed for listing on the national priorities list of superfund sites established under the comprehensive environmental response, compensation and liability act (CERCLA) (42 U.S.C.A. § 9601 et seq.);
(4) the purchaser has entered into or is the subject of one or more contracts, agreements or orders with the intended purpose of performing investigation or remediation of contamination at the property; or
(5) the purchaser has provided indemnification or release of environmental liability to any other party regarding contamination at the property.
(c) A CELR does not relieve the holder of requirements or duties of an applicable environmental use control agreement or risk management plan.