Environmental Use Controls

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The Environmental Use Control Act became state law on July 1, 2003 with regulations becoming effective on April 7, 2006.

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.

Environmental Use Control Regulations Amended to Expand the Program

Previously a contaminated property defined as a "hazardous waste facility" by K.S.A. 65-3430(f) was not eligible for participation in the EUC Program. KDHE has amended the definition of "eligible property" in K.A.R. 28-73-1(c) to remove the language which prevents these hazardous waste facilities from participating in the EUC Program. The new regulation went into effect January 30, 2009.

This amendment provides the owners of dozens of contaminated properties more flexibility in addressing the contamination, including expedited remediation of contaminated properties, less expense to the property owners, and increased protection of human health and the environment through the use of voluntary land use restrictions.

KDHE announced the proposed regulation change in the October 2, 2008, Kansas Register. That action began a 60 day public comment period. KDHE received no written or oral comments from the public.

• Environmental Use Controls - Fact Sheet (177.7KB) (.pdf)
• Application Package (181.1KB) (.pdf)
• Application Package Form (258 KB) (.pdf form file)
• Environmental Use Control Regulations (8.04MB) (.pdf)
• Procedures for Demonstrating Financial Assurance at Property with Environmental Use Controls (114.5KB) (.pdf)
• Evaluation of Existing Institutional Controls Report (2.58MB) (.pdf)