Article 33.--ACTIONS RELATING TO COMMERCIAL ACTIVITY
60-3332.Definitions.As used inK.S.A. 60-3332 through 60-3339:
(a) "Environmental audit" means a voluntary, internalassessment,evaluationor reviewof a facility or operation, of an activity at a facility or operation or ofan environmental management system at a facility or operation when thefacility, operation or activity is regulated by state or federal environmentallawsthat is performed bythe owner or operator, the owner's or operator's employees, or a qualifiedauditor retained by the owner or operator ofthe facility or operation for the express and specificpurpose of identifying historical or currentnoncompliance with environmental laws, discovering environmentalcontamination or hazards, remedying noncompliance or improving compliance withenvironmental laws or improving an environmental management system. Onceinitiated, an audit shall be completed within a reasonable period of timenot to exceed six months, unless an extension is approved by the agency thatregulates the facility or operation. Nothing in this section shall beconstrued to authorize uninterrupted or continuous auditing.
(b) "Environmental audit report" means a set of documents, eachlabeled "Audit Report: Privileged Document" that isgenerated and developed for the primary purpose and in the course of or asa result of an environmental audit that is conducted in goodfaith. An environmental audit report may include the followingsupporting information, if collected or developed for the primary purpose andin the course of an audit: Field notes and records of observations, samples,analytical results, exhibits, findings, opinions, suggestions,recommendations, conclusions, drafts, memoranda, implementationplans, interviews, correspondence, drawings, photographs,computer-generated or electronically recorded information, maps, charts, graphsand surveys. An environmental audit report, when completed, mayinclude any of the following components:
(1) An audit report prepared by the auditor, which may include the scope ofthe environmental audit, the information gained in theenvironmental audit, conclusions and recommendations, together withexhibits and appendices;
(2) memoranda and documents analyzing all or part of the audit report anddiscussing potential implementation issues;
(3) an implementation plan that addresses correcting past noncompliance,improving current compliance or an environmental management system, andpreventing future noncompliance; and
(4) periodic updates documenting progress in completing the implementationplan.
(c) "Facility" means all contiguous land, structures and otherappurtenances and improvements on the land.
(d) "Qualified auditor" means a person or organization with education,training and experience in preparing environmental studies andassessments.
(e) "Environmental law" means any requirement contained in stateenvironmental statutes and in rules and regulations promulgated under suchstatutes, or in any orders, permits, approvals, licenses or closure plansissued or made under these provisions.
(f) "Owner or operator" means any person who possesses an interest in or whois in control of the daily operation of a facility and who caused theenvironmental audit to be undertaken.
(g) "Person" means any individual, association, partnership, joint venture,company, firm, corporation, institution, governmental subdivision, state orfederal department or agency or other legal entity.
History: L. 1995, ch. 204, § 1;L. 2006, ch. 30, § 2; July 1.
Article 33.--ACTIONS RELATING TO COMMERCIAL ACTIVITY
60-3332.Definitions.As used inK.S.A. 60-3332 through 60-3339:
(a) "Environmental audit" means a voluntary, internalassessment,evaluationor reviewof a facility or operation, of an activity at a facility or operation or ofan environmental management system at a facility or operation when thefacility, operation or activity is regulated by state or federal environmentallawsthat is performed bythe owner or operator, the owner's or operator's employees, or a qualifiedauditor retained by the owner or operator ofthe facility or operation for the express and specificpurpose of identifying historical or currentnoncompliance with environmental laws, discovering environmentalcontamination or hazards, remedying noncompliance or improving compliance withenvironmental laws or improving an environmental management system. Onceinitiated, an audit shall be completed within a reasonable period of timenot to exceed six months, unless an extension is approved by the agency thatregulates the facility or operation. Nothing in this section shall beconstrued to authorize uninterrupted or continuous auditing.
(b) "Environmental audit report" means a set of documents, eachlabeled "Audit Report: Privileged Document" that isgenerated and developed for the primary purpose and in the course of or asa result of an environmental audit that is conducted in goodfaith. An environmental audit report may include the followingsupporting information, if collected or developed for the primary purpose andin the course of an audit: Field notes and records of observations, samples,analytical results, exhibits, findings, opinions, suggestions,recommendations, conclusions, drafts, memoranda, implementationplans, interviews, correspondence, drawings, photographs,computer-generated or electronically recorded information, maps, charts, graphsand surveys. An environmental audit report, when completed, mayinclude any of the following components:
(1) An audit report prepared by the auditor, which may include the scope ofthe environmental audit, the information gained in theenvironmental audit, conclusions and recommendations, together withexhibits and appendices;
(2) memoranda and documents analyzing all or part of the audit report anddiscussing potential implementation issues;
(3) an implementation plan that addresses correcting past noncompliance,improving current compliance or an environmental management system, andpreventing future noncompliance; and
(4) periodic updates documenting progress in completing the implementationplan.
(c) "Facility" means all contiguous land, structures and otherappurtenances and improvements on the land.
(d) "Qualified auditor" means a person or organization with education,training and experience in preparing environmental studies andassessments.
(e) "Environmental law" means any requirement contained in stateenvironmental statutes and in rules and regulations promulgated under suchstatutes, or in any orders, permits, approvals, licenses or closure plansissued or made under these provisions.
(f) "Owner or operator" means any person who possesses an interest in or whois in control of the daily operation of a facility and who caused theenvironmental audit to be undertaken.
(g) "Person" means any individual, association, partnership, joint venture,company, firm, corporation, institution, governmental subdivision, state orfederal department or agency or other legal entity.
History: L. 1995, ch. 204, § 1;L. 2006, ch. 30, § 2; July 1.
Article 33.--ACTIONS RELATING TO COMMERCIAL ACTIVITY
60-3332.Definitions.As used inK.S.A. 60-3332 through 60-3339:
(a) "Environmental audit" means a voluntary, internalassessment,evaluationor reviewof a facility or operation, of an activity at a facility or operation or ofan environmental management system at a facility or operation when thefacility, operation or activity is regulated by state or federal environmentallawsthat is performed bythe owner or operator, the owner's or operator's employees, or a qualifiedauditor retained by the owner or operator ofthe facility or operation for the express and specificpurpose of identifying historical or currentnoncompliance with environmental laws, discovering environmentalcontamination or hazards, remedying noncompliance or improving compliance withenvironmental laws or improving an environmental management system. Onceinitiated, an audit shall be completed within a reasonable period of timenot to exceed six months, unless an extension is approved by the agency thatregulates the facility or operation. Nothing in this section shall beconstrued to authorize uninterrupted or continuous auditing.
(b) "Environmental audit report" means a set of documents, eachlabeled "Audit Report: Privileged Document" that isgenerated and developed for the primary purpose and in the course of or asa result of an environmental audit that is conducted in goodfaith. An environmental audit report may include the followingsupporting information, if collected or developed for the primary purpose andin the course of an audit: Field notes and records of observations, samples,analytical results, exhibits, findings, opinions, suggestions,recommendations, conclusions, drafts, memoranda, implementationplans, interviews, correspondence, drawings, photographs,computer-generated or electronically recorded information, maps, charts, graphsand surveys. An environmental audit report, when completed, mayinclude any of the following components:
(1) An audit report prepared by the auditor, which may include the scope ofthe environmental audit, the information gained in theenvironmental audit, conclusions and recommendations, together withexhibits and appendices;
(2) memoranda and documents analyzing all or part of the audit report anddiscussing potential implementation issues;
(3) an implementation plan that addresses correcting past noncompliance,improving current compliance or an environmental management system, andpreventing future noncompliance; and
(4) periodic updates documenting progress in completing the implementationplan.
(c) "Facility" means all contiguous land, structures and otherappurtenances and improvements on the land.
(d) "Qualified auditor" means a person or organization with education,training and experience in preparing environmental studies andassessments.
(e) "Environmental law" means any requirement contained in stateenvironmental statutes and in rules and regulations promulgated under suchstatutes, or in any orders, permits, approvals, licenses or closure plansissued or made under these provisions.
(f) "Owner or operator" means any person who possesses an interest in or whois in control of the daily operation of a facility and who caused theenvironmental audit to be undertaken.
(g) "Person" means any individual, association, partnership, joint venture,company, firm, corporation, institution, governmental subdivision, state orfederal department or agency or other legal entity.
History: L. 1995, ch. 204, § 1;L. 2006, ch. 30, § 2; July 1.
