65-3424. Definitions.
65-3424
65-3424. Definitions.As used in K.S.A. 65-3424 through 65-3424i, and amendments thereto, unless thecontext otherwise requires:
(a) Terms have the meaning provided by K.S.A. 65-3402, and amendmentsthereto.
(b) "Abatement" means the processing or removing to an approved storagesite of waste tires which are creating a danger or nuisance.
(c) "Beneficial use" means the use or storage of wastetires in a way that:
(1) Creates an on-site economic benefitto the owner of the tires, including,but not limited to, bumpers for boat docks or boats, playground equipment, silocovers, traffic control, feed bunks, water tanks, windbreaks constructed ofbaled tires or in a manner consistent with rules and regulations of thesecretary, erosion control on the face of an earthen dam and stabilization ofsoil or sand blow-outs caused by wind; and
(2) as determined by the secretary, causes noadverse impacts to human health or the environment and complies with allapplicable zoning requirements.
(d) "Contaminated waste tire" means a tire which, as determined in accordancewith rules and regulations adopted by the secretary, is recovered in a projectto abate a waste tire accumulation and is so coated by or filled with dirt,mud, sludge or other natural substances as to render the tire substantiallyunsuitable for processing.
(e) "Illegal waste tire accumulation" means any waste tire pile containingmorethan 50 waste tires except the following:
(1) A waste tire accumulation on the premises of a facility which has beenissued a permit by the secretary pursuant to K.S.A. 65-3407 or 65-3424b, andamendments thereto, and managed in accordancewith the conditions of such permit; or
(2) a waste tire accumulation which is exempt from the waste tire collectioncenter permit requirement pursuant to K.S.A. 65-3424b, and amendmentsthereto.
(f) "Mobile waste tire processor" means a person who processes waste tiresat other than a fixed site.
(g) "Process" means: (1) Cut or otherwise alter whole waste tiresso that they are no longer whole; or (2) bale for disposal or beneficial use.
(h) "Store" or "storage" means the placing of waste tires in a manner thatdoes not constitute disposal of the waste tires. Storage includes thebeneficial use of waste tires as silo covers and such other beneficial uses asthe secretary determines do not create health or environmental risks.
(i) "Tire" means a continuous solid or pneumatic rubber covering used toencircle the wheel of a vehicle or aircraft, or an innertube of such acovering.
(j) "Tire retailer" means a person in the business of selling new or usedreplacement tires at retail.
(k) "Used tire" means a tire that: (1) Has been removed from a wheelfollowing a period of use or remains on a wheel removed from a vehicle oraircraft following a period of use; and (2) has been determined to have valuein accordance with rules and regulations established pursuant to subsection(e)(7) of K.S.A. 65-3424b, and amendments thereto.
(l) "Vehicle" has the meaning provided by K.S.A. 8-1485 andamendments thereto and includes implements of husbandry, as defined by K.S.A.8-1427 and amendments thereto.
(m) "Waste tire" means a whole tire that: (1) Has been removed from a wheelfollowing a period of use or remains on a wheel removed from a vehicle oraircraft following a period of use; and (2) is no longer suitable for itsoriginal intended purpose because of wear, damage or defect.
(n) "Waste tire collection center" means a site where used or wastetires are collected from the public or from customers of a business priorto being offered for recycling or disposal.
(o) "Waste tire processing facility" means a fixed site where equipment isused to process waste tires.
History: L. 1990, ch. 319, § 1;L. 1991, ch. 197, § 1;L. 1996, ch. 173, § 1;L. 2000, ch. 103, § 1;L. 2001, ch. 126, § 1;L. 2003, ch. 130, § 16; July 1.