2-3302.   Definitions.As used in the Kansas chemigation safety law:

      (a)   "Chemigation" means any process whereby pesticides, fertilizersor other chemicals or animal wastes are added to irrigation water applied toland or crops, or both, throughan irrigation distribution system.

      (b)   "Board" means the secretary of agriculture.

      (c)   "Secretary" means the secretary of agriculture.

      (d)   "Operating chemigation equipment" for the purposes of this act shallinclude, but not be limited to:

      (1)   Preparing solution and filling the chemical supply container;

      (2)   calibrating of injection equipment;

      (3)   starting and stopping equipment when injection of chemicals is involved; and

      (4)   supervision of the chemigation equipment to assure its safe operation.

      (e)   "Anti-pollution devices" means mechanical equipment used to reducehazard to the environment in cases of malfunction of the equipment duringchemigation and includes but is not limited to interlock, waterline checkvalve, chemical line closure device, vacuum relief device and automaticlow pressure drain.

      (f)   "Supervision" means the attention given to the chemigating systemduring its operation when chemicals are being applied.

      (g)   "Direct supervision" means supervision withability to change the procedures.

      (h)   "Irrigation distribution system" means any device or combination ofdevices having a hose, pipe or other conduit which connects directly to anysource of ground or surface water, through which water or a mixture of waterand chemicals is drawn and applied to land. The term does not include anyhandheld hose sprayer or other similar device which is constructed so thatan interruption in water flow automatically prevents any backflow to thewater source. For the purpose of this act it does not include greenhouseirrigation or residence yards. Animal waste lagoons are not to beconsidered water sources.

      (i)   "Calibration device" means equipment of sufficient accuracy to determinethe rate of chemical application.

      (j)   "Point of diversion" means:

      (1)   The point where the longitudinal axis of the dam crosses thecenter line of the stream in the case of a reservoir; or

      (2)   the location of the headgate or intake in the case of a directdiversion from a river, stream or other watercourse; or

      (3)   the location of a well in the case of groundwater diversion.

      (k)   "Agronomic application rates" means the method and amount of swinewaste defined by the secretary that in the secretary's discretion best protectsthe environment, including consideration of the crops or soil to which swinewaste may be applied and the economic impact associated with any application ofswine waste.

      (l)   "Chemicals" shall include nutrients or the chemical composition ofanimal waste.

      History:   L. 1985, ch. 5, § 2;L. 1989, ch. 7, § 1;L. 1998, ch. 143, § 23; May 7.