65-34,142. Definitions.
65-34,142
65-34,142. Definitions.As used in this act:
(a) "Chlorinated drycleaning solvent" means any drycleaning solvent whichcontains a compound which has a molecular structure containing the elementchlorine.
(b) "Corrective action" means those activities described in subsection(a) of K.S.A. 65-34,148.
(c) "Corrective action plan" means a plan approved by the secretary toperform corrective action at a drycleaning facility.
(d) "Department" means the department of health and environment.
(e) "Drycleaning facility" means a commercial establishment that operates,or has operated in the past, in whole or in part for the purpose of cleaninggarments or other fabrics utilizing a process that involves any useof drycleaning solvents. Drycleaning facility includes allcontiguous land, structures and other appurtenances and improvements on theland used in connection with a drycleaning facility but doesnot includeprisons or governmental entities.
(f) "Drycleaning solvent" means any and all nonaqueous solvents used or tobeused in the cleaning of garments and other fabrics at a drycleaning facilityand includes but is not limited to perchloroethylene, also known astetrachloroethylene, and petroleum-based solvents, and theproducts into which such solvents degrade.
(g) "Drycleaning unit" means a machine or device which utilizes drycleaningsolvents to clean garments and other fabrics and includes any associated pipingand ancillary equipment and any containment system.
(h) "Fund" means the drycleaning facility release trust fund.
(i) "Immediate response to a release" means containment and control of aknown releasein excess of a reportable quantity and notification to the department within 48hours of any known release in excess of a reportable quantity.
(j) "Owner" means any person who ownsor leases, or has owned or leased, a drycleaning facility and who is or hasbeen responsible for the operation of drycleaning operations at suchdrycleaning facility.
(k) "Person" means an individual, trust, firm, joint venture, consortium,joint-stock company, corporation, partnership, association or limited liabilitycompany. Person does not include any governmental organization.
(l) "Release" means any spill, leak, emission, discharge, escape, leak ordisposal of drycleaning solvent from a drycleaning facility into thesoils or waters of the state.
(m) "Reportable quantity" means a known release of a chlorinated drycleaningsolvent in excess of one quart over a 24-hour period or a known release of anonchlorinated drycleaning solvent in excess of one gallon over a 24-hourperiod.
(n) "Retailer" means any business that: (1) Is registered for purposes ofthe Kansas retailers sales tax act and provides drycleaning, or drycleaning andlaundry, servicesto final consumers; or (2) has provided a drycleaning, or drycleaning andlaundry, facility witha resale exemption certificate and is responsible for charging and collectingretailers' sales tax from final consumers of drycleaning or laundry services.
(o) "Secretary" means the secretary of health and environment.
History: L. 1995, ch. 162, § 2; July 1.