Kansas Dry Cleaning Facility Release Trust Fund
The Kansas Dry Cleaning Facility Release Trust Fund was established in 1995 to provide funding to implement the Kansas Drycleaner Environmental Response Act (DERA) (PDF). 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 an environmental consultant providing technical expertise and fieldwork. Money in the Dry Cleaning Facility Release Trust Fund is expended for direct costs for administration and enforcement of the Kansas Drycleaner Environmental Response Act and corrective action at sites contaminated by retail dry cleaning operations.
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 acquisition 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).
- Perchloroethylene (PCE, Perc): 1 = $5.50 per gallon
- Other chlorinated dry cleaning solvents: 1 = $5.50 per gallon
- 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 through the Kansas Environmental Information Management System 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.
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 drycleaning 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:
- Investigation and assessment of a release from a dry cleaning facility
- Necessary and appropriate emergency action to treat, restore, or replace drinking water supplies impacted by a dry cleaning facility release
- Remediation of releases for a dry cleaning facility
- Operation and maintenance of corrective action
- Monitoring of releases from dry cleaning facilities
- Reasonable costs incurred by KDHE in providing field and laboratory services
- Reasonable costs of restoring the 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 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.