2-3702. Definitions.
2-3702
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 amendment
or soil amendment but does not include nitrate and related nitrogen from a
natural source.
(b) "Board" means the Kansas agricultural remediation board created by
K.S.A. 2-3709, and
amendments
thereto.
(c) "Corrective action" means action in response to release of an
agricultural or specialty
chemical that poses a threat to human health or the environment.
(d) "Eligible corrective action costs" means reasonable and necessary costs
of corrective
action, as determined in accordance with rules and regulations adopted by the
board.
(e) "Eligible lending institution" means:
(1) A bank, as defined in K.S.A.
75-4201, and
amendments thereto, that agrees to participate in the remediation linked
deposit program and is
eligible to be a depository of state funds; or
(2) an institution of the farm credit system organized under the federal
farm credit act of 1971 (12 U.S.C. 2001), as amended, that agrees to
participate
in the remediation linked deposit program
and provides
securities acceptable to the pooled money investment board pursuant to article
42
of 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 include
the state, any
state agency, any political subdivision of the state, the federal government or
any agency of the
federal government; or
(2) a person who: (A) Is involved in a transaction relating to real property;
(B) is not a
responsible party or owner of the real property; and (C) voluntarily takes
corrective action on the
property in response to a request or order for corrective action from the
department of health and
environment.
(g) "Fund" means the Kansas agricultural remediation fund established by
K.S.A. 2-3711, and
amendments thereto.
(h) "Linked deposit" means an investment account placed by the director of
investments
under the provisions of article 42 of chapter 75 of the Kansas Statutes
Annotated with an eligible
lending institution for the purpose of the remediation linked deposit loan
program.
(i) "Release" means any spill, leak, emission, discharge, escape or disposal
of an
agricultural or specialty chemical into the soils or waters of the state.
(j) "Remediation linked deposit loan package" means the forms provided by the
state
treasurer for the purpose of applying for a remediation linked deposit.
(k) "Remediation linked deposit loan program" means the program provided for
by
K.S.A. 2-3703 through 2-3707, and amendments thereto.
(l) "Remediation reimbursement program" means the program provided for by
K.S.A. 2-3709 through 2-3713, and amendments thereto.
(m) "Site" means all land and water areas, including air space, and all
plants, animals,
structures, buildings, contrivances and machinery, whether fixed or mobile,
including anything
used for transportation, within a one-half mile radius of a release.
History: L. 2000, ch. 82, § 2; July 1.