AGO 1989-026.

• Case Date: February 27, 1989
• Court: Kansas

Kansas Attorney General Opinions 1989. AGO 1989-026. February 27, 1989ATTORNEY GENERAL OPINION NO. 89-26Stanley C. Grant, Ph.D. Secretary Department of Health and Environment Forbes Field Topeka, Kansas 66620-0001 Re: Public Health--Secretary of Health and Environment, Activities; Water Supply and Sewage--Prevention of Water Pollution; Financial Responsibility for Underground Petroleum Storage Tanks Synopsis: Guaranty and suretyship agreements are enforceable obligations in this state for purposes of establishing financial responsibility of owners and operators of storage tanks containing petroleum. Cited herein: K.S.A.1988 Supp. 65-171(d)(f)(1); 40 C.F.R. §§ 280.93, 280.96, 280.98. * * * Dear Secretary Grant: As Secretary of the Kansas Department of Health and Environment, you have requested our opinion regarding financial responsibility requirements applicable to owners and operators of underground storage tanks containing petroleum. Specifically, you ask whether guarantees and surety bonds are enforceable obligations in this state. This question arises out of your enforcement powers regarding underground storage tanks, pursuant to K.S.A.1988 Supp. 65-171d(f)(1). The financial responsibility requirements of underground storage tank owners and operators are satisfied by the use of a surety bond or guaranty if such agreements comply with federal requirements. 40 C.F.R. § 280.93. We have examined the prescribed recitations which must appear in the agreement. See 40 C.F.R. § 280.98(b) (Surety bonds) and 40 C.F.R. § 280.96(c)...