Kan. Admin. Regs. § 125-1-8

Current through Register Vol. 43, No. 49, December 5, 2024

Section 125-1-8 - Payment of corrective action costs

(a) The eligible person may be reimbursed by the board for the reasonable and necessary costs associated with the corrective action incurred by the eligible person if the board determines the following conditions are met:

(1) The eligible person has submitted all the necessary information to ascertain that the costs have been incurred by the eligible person.

(2) The corrective action was taken in accordance with an order or approved by the Kansas department of health and environment.

(3) There are no pending or final administrative, civil, or criminal court cases involving the applicant or the applicant's representative or agent and the contaminated site.

(b) If the corrective action was taken due to an emergency situation, the eligible person may be reimbursed by the board for the reasonable and necessary costs associated with the corrective action incurred by the eligible person if the board determines the following conditions are met:

(1) The eligible person has submitted all the necessary information to ascertain that the costs have been incurred by the eligible person.

(2) There are no pending or final administrative, civil, or criminal court cases involving the applicant or the applicant's representative or agent and the contaminated site.

(c) If the board determines that any portion of the applicant's reimbursement claim contains clearly ineligible costs, the application shall be returned to the applicant.

Kan. Admin. Regs. § 125-1-8

Authorized by and implementing K.S.A. 2000 Supp. 2-3710; effective, T-125-9-5-01, Sept. 5, 2001; effective Jan. 4, 2002.