2-3702.   Definitions.As used in K.S.A. 2-3701 through 2-3714, and amendments thereto:

      (a)   "Agricultural or specialty chemical" means any pesticide, fertilizer,plant amendmentor soil amendment but does not include nitrate and related nitrogen from anatural source.

      (b)   "Board" means the Kansas agricultural remediation board created byK.S.A. 2-3709, andamendmentsthereto.

      (c)   "Corrective action" means action in response to release of anagricultural or specialtychemical that poses a threat to human health or the environment.

      (d)   "Eligible corrective action costs" means reasonable and necessary costsof correctiveaction, as determined in accordance with rules and regulations adopted by theboard.

      (e)   "Eligible lending institution" means:

      (1)   A bank, as defined in K.S.A.75-4201, andamendments thereto, that agrees to participate in the remediation linkeddeposit program and iseligible to be a depository of state funds; or

      (2)   an institution of the farm credit system organized under the federalfarm credit act of 1971 (12 U.S.C. 2001), as amended, that agrees toparticipatein the remediation linked deposit programand providessecurities acceptable to the pooled money investment board pursuant to article42of chapter 75 of the Kansas Statutes Annotated, and amendments thereto.

      (f)   "Eligible person" means:

      (1)   A responsible party or an owner of real property, but does not includethe state, anystate agency, any political subdivision of the state, the federal government orany agency of thefederal government; or

      (2)   a person who: (A) Is involved in a transaction relating to real property;(B) is not aresponsible party or owner of the real property; and (C) voluntarily takescorrective action on theproperty in response to a request or order for corrective action from thedepartment of health andenvironment.

      (g)   "Fund" means the Kansas agricultural remediation fund established byK.S.A. 2-3711, andamendments thereto.

      (h)   "Linked deposit" means an investment account placed by the director ofinvestmentsunder the provisions of article 42 of chapter 75 of the Kansas StatutesAnnotated with an eligiblelending institution for the purpose of the remediation linked deposit loanprogram.

      (i)   "Release" means any spill, leak, emission, discharge, escape or disposalof anagricultural or specialty chemical into the soils or waters of the state.

      (j)   "Remediation linked deposit loan package" means the forms provided by thestatetreasurer for the purpose of applying for a remediation linked deposit.

      (k)   "Remediation linked deposit loan program" means the program provided forbyK.S.A. 2-3703 through 2-3707, and amendments thereto.

      (l)   "Remediation reimbursement program" means the program provided for byK.S.A. 2-3709 through 2-3713, and amendments thereto.

      (m)   "Site" means all land and water areas, including air space, and allplants, animals,structures, buildings, contrivances and machinery, whether fixed or mobile,including anythingused for transportation, within a one-half mile radius of a release.

      History:   L. 2000, ch. 82, § 2; July 1.