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Kansas Property Transfer: What you need to know

Governing Law and Regulations

Hazardous waste treatment, storage, and disposal facilities (TSDF): Kansas Statutes Annotated (KSA) 65-3431; Kansas Administrative Regulations (KAR) 28-31-8

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Solid waste: KSA 28-29-6

Restrictive covenants and easements: KAR 28-29-20

Polychlorinated biphenyl (PCB) facilities: KAR 28-55-3 and KAR 28-55-4

Environmental use controls: KAR 28-73-1 to 28-73-7

Regulatory Agency

Kansas Department of Health and Environment (KDHE) Bureau of Waste Management

See ADDRESSES & CONTACTS for addresses and telephone numbers.

See national section for basic information and federal regulations.

Comparison: State vs. Federal

Rules. The state generally follows the federal rules for property transfer. See the national section PROPERTY TRANSFER for additional guidance.

Kansas does not have a state property transfer law that requires KDHE to certify the condition of property before a real estate transfer may take place. However, Kansas does have rules that require TSDF owners and operators and owners and operators of solid waste facilities and disposal areas to disclose certain information and to file restrictive covenants. This information is available for public review.

Administration and enforcement. KDHE's Bureau of Waste Management administers and enforces the TSDF and solid waste transfer and closure requirements in Kansas.

State Requirements

TSDFs

KAR 28-31-8

Each offer or contract for the conveyance of any interest to real estate used as a TSDF must disclose all terms, conditions, and provisions for care and subsequent land uses that are imposed by regulation or the site permit. The conveyance must also contain provisions for the continued maintenance of waste containment and monitoring systems.

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State Requirements

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Kansas Property Transfer Resources

TypeTitle
Forms Well Disclosure Certificate

Property Transfer Products

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