Long-Term Stewardship and

Brownfields Unit



Andrea Schiller, Unit Manager
Phone: (785) 296-0489    Fax: (785) 559-4262 or (785) 559-4259
Email: Andrea.Schiller@ks.gov

1000 SW Jackson, Suite 410
        Topeka, KS 66612-1367



The Long-Term Stewardship and Brownfields Unit provides oversight of Environmental Use Controls through the Environmental Use Control (EUC) Program, implements the Risk Management and Kansas Brownfields Programs, and supports remedial work through researching site background information. This unit is also responsible for reviewing and processing Certificate of Liability Release (CELR) applications.

Kansas Brownfields Program

The Kansas Brownfields Program provides funding and technical assistance in assessing properties that may be or are perceived to be contaminated. The program works with local units of government, land clearance authorities, regional councils, redevelopment agencies, tribal organizations, not-for-profit organizations, and other quasi-governmental agencies across the state to identify and assess these properties in order to clear them for redevelopment. The Brownfields Program is funded through a federal Environmental Protection Agency grant.

Environmental Liability Release Program

The Contaminated Property Redevelopment Act, signed into law on May 9, 2016, authorizes KDHE to issue a Certificate of Liability Release (CELR) to certain prospective purchasers of contaminated properties. CELRs may only be issued for properties acquired after July 1, 2016.

KDHE began accepting applications July 1, 2016. An application form is included as Appendix B in the guidance document linked below.

Please note, the applicant's property must be contaminated to be eligible for this program. KDHE will not issue a CELR if the applicant is unable to demonstrate the existence of contamination on the property.

More information about the Environmental Liability Release Program plan is available at the Managing Environmental Risk for Property Redevelopment Workshops webpage.

Environmental Use Control Program

Environmental Use Controls are more commonly known as institutional controls, which are legal controls intended to restrict or prohibit human activities and property use in such a way as to prevent or reduce exposures to contamination. Some examples of environmental use controls include: preventing disturbance of soil caps, covers, berms, etc.; prohibiting the drilling of water wells for domestic or other purposes; restricting and providing notification during utility excavation of an area; restricting use of a property for residential purposes; and restricting access to the property.

The Environmental Use Control Act became state law on July 1, 2003, with regulations becoming effective on April 7, 2006. The regulations were amended January 30, 2009, to expand the program by redefining "eligible property" in K.A.R. 28-73-1(c) to include properties defined as "hazardous waste facilities" by K.S.A. 65-3430(f). This amendment provides more flexibility in addressing contaminated properties, including expedited remediation, less expense to the property owners, and increased protection of human health and the environment through the use of voluntary land use restrictions.

Risk Management Program

The Risk Management Program Act, K.S.A. 2015 Supp. 65-34,176, was passed as House Bill 2193 during the 2015 Kansas legislative session and became effective July 1, 2015. The purpose of the Act is to provide a voluntary mechanism that will establish appropriate measures for the long-term care and management of low-risk, low-priority sites that are not able to meet requirements for unrestricted site closure or no further action following appropriate assessment and/or remedial activities. The regulations to implementing the program are available below.

KDHE began accepting applications for the Risk Management Program beginning June 1, 2016. To complete an application and for additional information about the program, please reference the items below.