65-3480. Regulation of PCB disposal facilities; definitions.
65-3480
65-3480. Regulation of PCB disposal facilities; definitions.When used in this act:
(a) "Department" means the Kansas department of health and environment;
(b) "disposal" means the discharge, deposit, injection, dumping,spilling,leaking or placing of any PCB into or on any water or land sothat such substance or any constituent thereof may enter the environmentor be emitted into the air or discharged into any waters, includinggroundwater;
(c) "facility" means all land, structures and otherappurtenancesand improvements on the land utilized for the purpose of treating, storingor disposing of PCB. A facility may consist of several treatment,storage or disposal operational units;
(d) "generator" means any person, by site, whose act or processproducesPCBor whose act first causes PCB to become subject to regulation;
(e) "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;
(f) "off-site facility" means a facility where treatment,storage ordisposal activities are conducted by a person other than the PCBgenerator;
(g) "on-site facility" means a facility which is owned andoperated by the generator forthe treatment, storage or disposal of PCB which have been generated onthe property on which such facility is located and which may be divided bypublic 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;
(h) "permit" means the document issued to a person by thesecretary whichallows such person to construct and operate a PCB treatment,storage or disposal facility in the state;
(i) "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;
(j) "polychlorinated biphenyls" or "PCB" means any chemicalsubstancethat is limited to the biphenyl molecule which has been chlorinated tovarying degrees or any combination of any chemical substance which containsthe biphenyl molecule at concentrations as established by the secretary;
(k) "PCB disposal facility" means any off-site facility used totreat, store ordispose of PCB, including any such facility which handles or stores PCBunder contract prior to disposal;
(l) "secretary" means the secretary of the department ofhealth and environment;
(m) "storage" means the holding ofPCB except for a temporary period at the end ofwhich such substance is treated or disposed of elsewhere;
(n) "transporter" means any person who is engaged in theoff-sitetransportation of PCB by air, rail, land, highway, pipeline or water;
(o) "treatment" means any method, technique or process,including incineration or neutralization, designed to changethe physical, chemical or biological character orcomposition of anyPCB so as to neutralize such substance or so as to recover energyor material resources from the PCB, to rendersuch substance nontoxic or less toxic, safer to transport, store ordispose of, amenable for recovery, amenable for storage or reduced in volume.
History: L. 1986, ch. 226, § 1;L. 1992, ch. 192, § 8; July 1.