2-3302


Chapter 2.--AGRICULTURE


Article 33.--CHEMIGATION SAFETY

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

     
(a)   "Chemigation" means any process whereby pesticides, fertilizers
or other chemicals or animal wastes are added to irrigation water applied to
land or crops, or both, through
an 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 shall
include, 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 reduce
hazard to the environment in cases of malfunction of the equipment during
chemigation and includes but is not limited to interlock, waterline check
valve, chemical line closure device, vacuum relief device and automatic
low pressure drain.

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

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

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

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

     
(j)   "Point of diversion" means:

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

     
(2)   the location of the headgate or intake in the case of a direct
diversion 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 swine
waste defined by the secretary that in the secretary's discretion best protects
the environment, including consideration of the crops or soil to which swine
waste may be applied and the economic impact associated with any application of
swine waste.

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

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