The Kansas Dry Cleaning Trust Fund was established
in 1995 to provide funding for implementation of the Kansas Drycleaner
Environmental Response Act. The Dry Cleaning Facility Release Trust
Fund is administered by KDHE's Kansas Dry Cleaning Program as a
state-led corrective action program. Corrective action is conducted
through a team effort with a KDHE project manager serving as the
lead for the project and the environmental consultant providing
technical expertise and field work. Money in the Dry Cleaning Facility
Release Trust Fund is expended for direct costs for administration
and enforcement of Kansas Drycleaner Environmental Response Act
and corrective action at sites contaminated by dry cleaning facilities
operating as a retail dry cleaning operation.
FUNDING SOURCES
Environmental Surcharge on Gross Receipts: A 2.5% surcharge shall
be charged on the gross receipts for dry cleaning and laundering
services at a dry cleaner business. Owner/Operators must collect
and pay this surcharge to the Kansas Department of Revenue
with the appropriate form.
Solvent Fee: A solvent fee is imposed
on the purchase or aquisition of dry cleaning solvent by any owner
of a dry cleaning facility. The solvent fee is collected by the
solvent distributor and paid to the Kansas Department of Revenue
with the appropriate Department of Revenue form. Solvent distributors
cannot sell solvent to a dry cleaning facility unless they obtain
the current registration number of the facility. The solvent fee
is $5.50 per gallon. See below for the appropriate solvent factor
(solvent fee multiplied by solvent factor equal applicable fee).
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Perchloroethylene (PCE, Perc): 1:00 = $5.50
per gallon
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Other chlorinated dry cleaning solvents:
1.00 = $5.50 per gallon
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Non-chlorinated dry cleaning solvents: 0.10
= $0.55 per gallon (Includes, but is not limited to petroleum
and silicone-based solvents)
Registration Fees: Annual facility registration
fees are paid by the owners of each separate dry cleaning facility.
Registration fees are submitted with an annual registration form
and paid directly to the Dry Cleaning Facility Release Trust Fund.
Interest From Dry Cleaning Trust Fund Account:
Any interest derived from the Dry Cleaning Facility Release
Trust Fund shall be returned to the Dry Cleaning Facility Release
Trust Fund.
Penalties: Any penalties recovered by the
state under the provisions of DERA shall be returned to the Dry Cleaning
Facility Release Trust Fund.
Other Sources: Any gifts, grants, reimbursements,
or appropriations form any source intended to be used for the purposes
of DERA.
FUND EXPENDITURES
Based on the priority ranking of
the accepted trust fund sites an annual budget not to exceed 10% of the Fund
annual income may be applied to a site. KDHE makes every effort to keep dry cleaning
sites off the federal National Priorities List (NPL) and discourage other units
of government, both local and federal, from becoming involved in contamination
issues at contaminated dry cleaning sites. Careful consideration is given to
effectively and efficiently utilize the Fund, therefore, innovative technologies
are encouraged to perform corrective action.
Examples of Dry Cleaning Facility Release Trust
Fund expenditures include:
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Investigation and assessment of a release
from a dry cleaning facility,
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Necessary and appropriate emergency action
to treat, restore, or replace drinking water supplies impacted
by a dry cleaning facility release,
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Remediation of releases for a dry cleaning
facility,
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Operation and maintenance of corrective
action,
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Monitoring of releases from dry cleaning
facilities,
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Payment of reasonable cost incurred by
KDHE in providing field and laboratory services,
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Reasonable costs of restoring property,
as nearly as practical, to the conditions that existed prior
to corrective action activities,
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Removal and proper disposal of waste generated
by the release of a solvent,
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Payment of costs of corrective action conducted
by KDHE or other entities, but approved by KDHE. This reimbursement
is limited to $100,000 per site.
Site Funding Limits
The Dry Cleaning Facility Release Trust Fund shall not be liable for payment
of costs in excess of $5,000,000 for corrective action at any contaminated
dry cleaning site.
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