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Kansas Drycleaning Facility Release Trust Fund

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The Kansas Drycleaning Trust Fund was established in 1995 to provide funding for implementation of the Kansas Drycleaner Environmental Response Act. The Drycleaning Facility Release Trust Fund is administered by KDHE's Kansas Drycleaning 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 Drycleaning 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 drycleaning facilities operating as a retail drycleaning operation.

FUNDING SOURCES
Environmental Surcharge on Gross Receipts: A 2.5% surcharge shall be charged on the gross receipts for drycleaning and laundering services at a drycleaner 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 drycleaning solvent by any owner of a drycleaning 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 drycleaning 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).

• Perchloroethylene (PCE, Perc): 1:00 = $5.50 per gallon

• Other chlorinated drycleaning solvents: 1.00 = $5.50 per gallon

• Non-chlorinated drycleaning 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 drycleaning facility. Registration fees are submitted with an annual registration form and paid directly to the Drycleaning Facility Release Trust Fund.

Interest From Drycleaning Trust Fund Account:
Any interest derived from the Drycleaning Facility Release Trust Fund shall be returned to the Drycleaning Facility Release Trust Fund.

Penalties: Any penalties recovered by the state under the provisions of DERA shall be returned to the Drycleaning 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 drycleaning 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 drycleaning sites. Careful consideration is given to effectively and efficiently utilize the Fund, therefore, innovative technologies are encouraged to perform corrective action.

Examples of Drycleaning Facility Release Trust Fund expenditures include:

• Investigation and assessment of a release from a drycleaning facility,

• Necessary and appropriate emergency action to treat, restore, or replace drinking water supplies impacted by a drycleaning facility release,

• Remediation of releases for a drycleaning facility,

• Operation and maintenance of corrective action,

• Monitoring of releases from drycleaning facilities,

• Payment of reasonable cost incurred by KDHE in providing field and laboratory services,

• Reasonable costs of restoring property, as nearly as practical, to the conditions that existed prior to corrective action activities,

• Removal and proper disposal of waste generated by the release of a solvent,

• 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 Drycleaning Facility Release Trust Fund shall not be liable for payment of costs in excess of $5,000,000 for corrective action at any contaminated drycleaning site.

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