Long-Term Stewardship and
Information Management Unit
Maggie Weiser, Unit Manager
Phone: (785) 291-3807 Fax: (785)-296-7030 or (785)-296-1686
1000 SW Jackson, Suite 410
Topeka, KS 66612-1367
The Long-Term Stewardship and Information Management Unit provides oversight of Environmental Use Controls through the Environmental Use Control (EUC) Program, implements the Risk Management Program, maintains the Identified Sites List and other Bureau databases, and supports remedial work through researching site background information. This unit is also responsible for reviewing and processing Certificate of Liability Release (CELR) applications.
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 2016 Managing Environmental Risk for Property Redevelopment Workshop 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.
- Environmental Use Controls - BER Interactive Map
- Environmental Use Controls - Fact Sheet (.pdf)
- Application Package Form (.pdf)
- Environmental Use Controls Owner Inspection Form (.pdf)
- Procedures for Demonstrating Financial Assurance at Property with Environmental Use Controls (.pdf)
- Evaluation of Existing Institutional Controls Report, 2005 (.pdf)
- Environmental Use Control Regulations (.pdf)
- Environmental Use Control Statutes (.pdf)
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. Regulations to implement the program have been proposed and are available for public review and comment.
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.