65-34,102. Definitions.
65-34,102
65-34,102. Definitions.As used in the Kansasstorage tank act:
(a) "Aboveground storage tank" means:
(1) Any storage tank in which greaterthan 90% of the tank volume, including volume of the piping, is not belowthe surface of the ground; or
(2) any storage tank situated in an underground area, such as a basement,cellar, mine working, drift, shaft or tunnel, if the storage tank is situatedupon or above the surface of the floor.
(b) "Aboveground fund" means the aboveground petroleum storage tankrelease trust fund.
(c) "Department" means the Kansas department of health andenvironment.
(d) "Facility" means all contiguous land, structures and otherappurtenances and improvements on the land used in connection with one ormore storage tanks.
(e) "Federal act" means the solid waste disposal act, 42 U.S.C.sections3152 et seq., as amended, particularly by the hazardous and solid wasteamendments of 1984, P.L. 98-616, 42 U.S.C. sections 6991 et seq., asamended by P.L. 99-499, 1986, and rules and regulations adopted pursuant tosuch federal laws and in effect on the effective date of this act.
(f) "Financial responsibility" means insurance, guarantee,surety bond,letter of credit, qualification as a self-insurer or any other methodsatisfactory to the secretary to provide for taking corrective action,including cleanup and restoration of any damage to the land, air or watersof the state, and compensating third parties for cleanup, bodily injury orproperty damage resulting from a sudden or nonsudden release of a regulatedsubstance arising from the construction, relining, ownership or operationof an underground storage tank and in the amount specified in the federalact.
(g) "Guarantor" means any person, other than an owner oroperator, whoprovides evidence of financial responsibility for an owner oroperator.
(h) "Operator" means any person in control of or havingresponsibilityfor the daily operation of a storage tank, but such term shall not includea person whose only responsibility regarding such storage tank is fillingsuch tank with a regulated substance and who does not dispense or havecontrol of the dispensing of regulated substances from the storagetank.
(i) "Own" means to hold title to or possess an interest in astoragetank or the regulated substance in a storage tank.
(j) (1) "Owner" means any person who: (A) Is or was the owner ofany underground storage tankwhich was in use on November 8, 1984, or brought into use subsequent tothat date; (B) in the case ofan underground storage tankin use prior to November 8, 1984, owned such tank immediately prior to thediscontinuation of its use; (C) is or was the owner of any abovegroundstorage tank which was in use on July 1, 1992, or brought into use subsequentto that date; or (D) in the case of an aboveground storage tank in use prior toJuly 1, 1992, owned such tank immediately prior to the discontinuation of itsuse.
(2) Owner does not include: (A) A person whoholds an interest in a petroleum storage tank solely for financialsecurity, unless through foreclosure or other related actions the holder ofa security interest has taken possession of the storage tank; and (B) any cityor county which obtains a storage tank or regulatedsubstanceas a result of tax foreclosure proceedings.
(k) "Person" means an individual, trust, firm, joint venture,consortium, joint-stock company, corporation, partnership, association,state, interstate body, municipality, commission, political subdivision orany agency, board, department or bureau of this state or of any other stateor of the United States government.
(l) "Petroleum" means petroleum, including crude oil or anyfractionthereof, which is liquid at standard conditions of temperature andpressure (60 degrees Fahrenheit and 14.7 pound per square inch absolute),including but not limited to, gasoline, gasohol, diesel fuel, fuel oils,kerosene and biofuels.
(m) "Petroleum product" means petroleum other than crude oil.
(n) "Petroleum storage tank" means any storage tank used tocontain anaccumulation of petroleum.
(o) "Regulated substance" means petroleum or anyelement, compound, mixture, solution or substance defined insection 101(14) of the Comprehensive Environmental Response, Compensationand Liability Act of 1980 of the United States as in effect on January 1,1989, but not if regulated as a hazardous waste under the ResourceConservation and Recovery Act of 1976 (42 U.S.C. Secs. 6921 through 6939b),as in effect on January 1, 1989.
(p) "Release" means any spilling, leaking, emitting, discharging,escaping, leaching or disposing from a storage tank into groundwater,surface water or soils.
(q) "Removal" means the process of removing or disposing of astoragetank, no longer in service, and also shall mean the process of abandoningsuch tank, in place.
(r) "Repair" means modification or correction of a storage tankthroughsuch means as relining, replacement of piping, valves, fillpipes, vents andliquid level monitoring systems, and the maintenance and inspection of theefficacy of cathodic protection devices, but the term does not include theprocess of conducting a tightness test to establish the integrity of atank.
(s) "Secretary" means the secretary of health and environment.
(t) "Storage tank" means any one or combination of tanks used tocontainan accumulation of regulated substances, the associated piping andancillary equipment and the containment system.
(u) "Tank" means a stationary device designed to contain anaccumulationof substances and constructed of non-earthen materials such as concrete,steel or plastic, that provide structural support.
(v) "Terminal" means a bulk storage facility for storingpetroleumsupplied by pipeline or marine vessel.
(w) "Trade secret" has the same meaning as provided in K.S.A. 60-3320 andamendmentsthereto.
(x) "Underground storage tank" means any storage tank in which10% ormore of the tank volume, including volume of the piping, is below thesurface of the ground. Underground storage tank does not include anystorage tank situated in an underground area, such as a basement, cellar, mineworking, drift, shaft or tunnel, if the storage tank is situated upon or abovethe surface of the floor.
(y) "Underground storage tank contractor" or "contractor" meansabusiness which holds itself out as being qualified to install, repair orremove underground storage tanks.
(z) "Underground fund" means the underground petroleum storagetankrelease trust fund.
(aa) "Underground storage tank installer" or "installer" meansanindividual who has an ownership interest or exercises a management orsupervisory position with an underground storage tank contractor. The termshall include the crew chief, expediter, engineer, supervisor, leadman orforeman in charge of a tank installation project.
(bb) "Bulk plant" means an aboveground storage tank facility, not locatedat a pipeline terminal or located on a federal facility, with a storagecapacity of 1,320gallons ormore, but less than 1,000,000 gallons, used to dispense petroleum to tankertrucks for transportation and sale at another location;
(cc) "fuels supply fund" means the Kansas essential fuels supply trustfund.
History: L. 1989, ch. 186, § 3;L. 1992, ch. 311, § 1;L. 1996, ch. 125, § 1;L. 2005, ch. 67, § 9;L. 2006, ch. 50, § 5; July 1.