65-1,222. Definitions.
65-1,222
65-1,222. Definitions.As used in this act:
(a) "Department" means the Kansas department of health and environment.
(b) "Environmental use control" means an institutional or administrativecontrol, arestriction, prohibition or control of one or more uses of, or activities on, aspecific property, as requested bytheproperty owner at the time of issuance,toensure future protection of public health and the environment whenenvironmental contaminationwhich exceeds department standards for unrestricted use remains on the propertyfollowing theappropriate assessment and/or remedial activities as directed by the departmentpursuant to thesecretary's authority.For the purposes of this act, "environmental contamination" does not meananimal or process waste from a confined feeding facility as defined in K.S.A.65-171d, and amendments thereto, livestock operations or the application oflivestock waste for use as a plant nutrient.Any environmental use control created pursuant to thisact runs with theproperty and is binding on the owner and subsequent owners, lessees and otherusers of the land.
(c) "Owner" means any owner of record of property, and any person or entitywith written authorization from the owner to make decisions regarding thetransferof the subject property or placement ofencumbrances on thesubject property, other than by the exercise of eminent domain.
(d) "Person" means any individual, trust, firm, joint stock company, publicor privatecorporation, limited liability company or partnership; the federal governmentor any agency orinstrumentality thereof; any state, or any agency, instrumentality or politicalor taxing subdivisionthereof; or any interstate body.
(e) "Protective structure" means an engineered physical structureimplemented as part ofthe remedial action to control or respond to a release or threat of release ofenvironmentalcontamination. Protective structure includes capping, fencing, berming,diking, drainage structuresand other structures that may control migration or other releases ofenvironmental contamination.
(f) "Property" means real property.
(g) "Remedial activity" means any site cleanup, soil or groundwatermonitoring associatedwith a contaminated property, remedial action, corrective action, emergencyaction, removal actionor other action necessary or appropriate to respond to a release or threat ofrelease of environmentalcontamination.
(h) "Secretary" means the secretary of health and environment.
History: L. 2003, ch. 130, § 2; July 1.