Long-term Stewardship & Brownfields Unit
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.
All programs under Long-Term Stewardship & Brownfields are currently accepting applications through the Kansas Environmental Information Management System.
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 (PDF), 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.
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.
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 the 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 Guidance Document (PDF)
- Environmental Use Controls Owner Inspection Form (PDF)
- Procedures for Demonstrating Financial Assurance at Property with Environmental Use Controls (PDF)
- 2005 Evaluation of Existing Institutional Controls Report (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. 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.