65-3430. Hazardous wastes; definitions.
65-3430
65-3430. Hazardous wastes; definitions.As used in K.S.A. 65-3430 to 65-3447, andamendments thereto:
(a) "Department" means the Kansas department of health and environment.
(b) "Disposal" means the discharge, deposit, injection, dumping,spilling,leaking or placing of any hazardous waste into or on any land or water sothat such hazardous waste or any constituent thereof may enter the environmentor be emitted into the air or discharged into any waters, includinggroundwater.
(c) "Facility" means all contiguous land, structures and otherappurtenancesand improvements on the land utilized for the purpose of treating,storingor disposing of hazardous waste. A facility may consist of several treatment,storage or disposal operational units.
(d) "Generator" means any person, by site, whose act or processproduceshazardous wasteor whose act first causes a hazardous waste to become subject to regulation.
(e) (1) "Hazardous waste" means any waste or combination ofwastes which,becauseof its quantity, concentration or physical, chemical, biological orinfectious characteristics or as otherwise determined by the secretary: (A)Causes or significantlycontributes to an increase in mortality or an increasein seriousirreversible or incapacitating reversible illness; or (B)poses a substantialpresent or potential hazard to human health or the environment whenimproperly treated, stored, transported or disposed of or otherwise managed.
(2) Hazardous waste shall notinclude: (A) Household waste; (B)agricultural waste returned to the soilas fertilizer; (C) mining waste and overburden from theextraction,beneficiation and processing of ores and minerals, if returned to the minesite; (D) drilling fluids, produced waters and other wastesassociated withthe exploration, development and production of crude oil, natural gas orgeothermal energy; (E) fly ash, bottom ash, slag and flue gasemissioncontrol wastes generated primarily from the combustion of coal or otherfossil fuels; (F) cement kiln dust; or (G)materials listed in 40CFR 261.4, as in effect on July 1, 1983, or any later version as establishedin rules and regulations adopted by the secretary.
(f) "Hazardous waste facility" means a facility or partofa facility: (1) At which hazardouswaste is treated; (2) at which hazardous waste is stored;or (3) at which hazardouswaste is disposed and will remain afterclosure. "Hazardous waste facility"includes a hazardous waste injection well.
(g) "Hazardous waste management" means the systematiccontrol ofthe collection, source separation, storage, transportation,processing, treatment, recoveryand disposal of hazardous waste.
(h) "Hazardous waste transfer facility" means any hazardous wastetransportation-related facility, other than the location of generation or offinal treatment or disposal, that, during the course of transportation, servesas an area for the accumulation, consolidation, distribution or transfer ofhazardous waste shipments, including loading docks, parking areas, rail spursand other similar areas where shipments of hazardous waste are held during thenormal course of transportation. "Hazardous waste transfer facility" does notinclude hazardous waste facilities or permitted householdhazardouswaste facilities.
(i) "Manifest" means the form prescribed by the secretaryto beused foridentifying the quantity, composition, origin, routing and destinationof hazardous waste during its transportation from the point of generationto the point of disposal, treatment or storage.
(j) "Modification" means the expansion or enlargement ofa facility beyondthe boundaries established by an existing permit or any material or substantialalteration or addition to an existingpermitted facility which would justify the application of permit conditionsthat would be materially or substantially different from the conditionsof the existing permit or are absent from the existing permit.
(k) "Monitoring" means all procedures used to (1)systematicallyinspectand collect samples or require information and copy records or data onthe operational parameters of a facility, generator or a transporter;or (2) to systematically collect and analyze data on the quality of theair, groundwater, surface water or soil on or in the vicinity of a hazardouswaste generator, transporter or facility.
(l) "Off-site facility" means a facility where treatment,storage ordisposal activities are conducted by a person other than the hazardouswaste generator.
(m) "On-site facility" means a facility which is solelyownedandoperated by the generator exclusively forthe treatment, storage or disposal of wastes which have been generated onthe contiguous property and includes the same or geographicallycontiguous property which may be divided by public or private right-of-way,provided the entrance and exit between the properties is at a crossroadsintersection and access is by crossing and not going along the right-of-wayor noncontiguous properties owned by the same person but connected by aright-of-way which the person controls and to which the public does not haveaccess.
(n) "Permit" means the document issued to a person by thesecretary whichallows such person to construct and operate a hazardous waste facility in thestate.
(o) "Person" means an individual, trust, firm, joint stockcompany,federal agency, corporation,including a government corporation, partnership, state, municipality,commission, political subdivision of a state or any interstate body.
(p) "Secretary" means the secretary of the department ofhealth and environment.
(q) "Storage" means the holding ofhazardous waste for a temporary period at the end ofwhich the hazardous waste is treated, disposed of or stored elsewhere.
(r) "Transporter" means any person who is engaged in theoff-sitetransportation of hazardous waste by air, rail, land, highway or water.
(s) "Treatment" means any method, technique or process,including neutralization, designed to changethe physical, chemical or biological character orcomposition of anyhazardous waste so as to neutralize such waste or so as to recover energyor material resources from the waste, to rendersuch waste nonhazardous; less hazardous; saferto transport, store ordispose of; amenable for recoveryor storage; or reduced in volume.
(t) "Waste" means any garbage, refuse, sludge or otherdiscardedmaterialwhich is abandoned or committed to treatment, storage or disposal, includingsolid, liquid, semisolid or contained gaseous materials resulting fromindustrial, commercial, mining, community and agriculturalactivities. Waste does not include solid or dissolved materialsin domestic sewage or irrigation return flows orsolid or dissolved materialsor industrial discharges which are point sources subject to permits underK.S.A. 65-165, and amendments thereto.
(u) "Acutely hazardous waste" means a commercial chemicalproduct ormanufacturing chemical intermediate having a generic name listed in 40 CFR261.33(e), as in effect on July 1, 1984, or any later version as establishedin rules and regulations adopted by the secretary; or an off-specificationcommercialchemical product or manufacturing chemical intermediate which, if eithermet specifications, would have a generic name listed in 40 CFR 261.33(e),as in effect on July 1, 1984, or any later version as established in rulesand regulations adopted by the secretary.
(v) "Underground injection" means the subsurfaceemplacement offluidsthrough a well for which a permit has been issued by the secretary.
(w) "Land treatment" means the practice of applyinghazardouswasteonto or incorporating hazardous waste into the soil surface so that itdegrades or decomposes and renders the waste nonhazardous.
(x) "Above ground storage" means the placement ofcontainerizedhazardous waste into an above ground structure for a temporary period priorto the reuse or ultimate treatment or disposal of such waste.
(y) "Closure plan" means a written document whichidentifies theprocedures by which the owner or operator of a hazardous wastefacility will close such facility so as to control, minimize or eliminate,to the extent necessary to prevent a threat to human health and theenvironment, post-closure escape of hazardous waste, hazardous wasteconstituents, leachate, contaminated rainfall or waste decompositionproducts to the ground, groundwater, surface waters or to the atmosphere.
(z) "Post-closure plan" means the written document whichidentifiesthe procedures by which the owner or operator of a hazardous wastefacility shall provide, for a minimum of 30 years, forgroundwater protection, site security and maintenance of cover and leachatecollection systems.
History: L. 1981, ch. 251, § 1; L. 1984, ch. 240, § 1;L. 1985, ch. 218, § 1;L. 1992, ch. 192, § 4;L. 1999, ch. 129, § 1;L. 2000, ch. 103, § 6; July 1.