Kan. Admin. Regs. § 28-71-1

Current through Register Vol. 44, No. 2, January 9, 2025

Section 28-71-1 - Definitions

In addition to the terms defined in K.S.A. 65-34,162 and amendments thereto, each of the following terms, as used in this article of the department's regulations, shall have the meaning specified in this regulation:

(a) "Anthropogenic levels" means concentrations of chemicals or substances that are present in the environment due to human activity.

(b) "Class one contamination" and "class I" mean that suspected or confirmed contamination exists on the property described in the application, but the property is not a source of the contamination.

(c) "Class two contamination" and "class II" mean that suspected or confirmed soil or groundwater contamination, or both, resulting from operations that have occurred on the property is suspected or exists on or off the property described in the application, or both.

(d) "Days" means calendar days unless otherwise specified. Documents due on the weekend or a holiday shall be submitted on the first working day after the weekend or holiday.

(e) "Enforcement action" means an administrative or judicial claim made by a governmental agency pursuant to state, federal, or common law against the property described in the application, which enforcement action is based upon the contaminants to be cleaned up under the VCPRP.

(f) "Environmental site assessment" means an investigation of a property, performed in accordance with standard industry practices, that identifies and defines recognized environmental conditions at the property.

(g) "Environmental use control" has the meaning specified in K.S.A. 2016 Supp. 65-1,222, and amendments thereto.

(h) "Hazard index value" means the sum of more than one hazard quotient for multiple substances, multiple exposure pathways, or both.

(i) "Hazard quotient" means the ratio of a single substance exposure level over a specified time period to a reference dose for that substance derived from a similar exposure period.

(j) "Institutional control" means a legal mechanism that limits access to or use of property, or warns of a hazard, the purpose of which is to ensure the protection of human health and the environment.

(k) "Maximum contaminant level" and "MCL" have the meaning specified for "maximum contaminant level" in K.A.R. 28-16-28b.

(l) "Naturally occurring levels" means ambient concentrations of chemicals or substances present in the environment that are typical of background levels near the property subject to the voluntary agreement when not affected by the identified contamination source.

(m) "Nonresidential property" means any property that does not meet the definition of residential property.

(n) "Person" means an individual, firm, corporation, association, partnership, consortium, joint venture, commercial entity, state agency, unit of local government, school district, federal agency, tribal entity, interstate body, or other legal entity.

(o) "Potable water" has the meaning specified in K.A.R. 28-16-28b.

(p) "Remedial action" means those actions taken to address the effects of a release of a contaminant, so that it does not cause a significant risk to present or future public health or welfare, or to the environment.

(q) "Remediation" means the act of implementing, operating, and maintaining a remedial action.

(r) "Residential property" means any property currently used or proposed for use as one of the following:

(1) A residence or dwelling, including a house, apartment, mobile home, nursing home, or condominium; or

(2) a public use area, including a school, educational center, day care center, playground, unrestricted outdoor recreational area, or park.

(s) "Risk management plan" has the meaning specified in K.S.A. 2016 Supp. 65-34,176, and amendments thereto.

(t) "Voluntary cleanup and property redevelopment program" and "VCPRP" mean the implementation of the voluntary cleanup and property redevelopment act, as defined in K.S.A. 65-34,161 et seq. and amendments thereto, by the department.

(u) "Voluntary party" means an applicant whose property is determined by the secretary to be eligible for the voluntary cleanup and property redevelopment program.

Kan. Admin. Regs. § 28-71-1

Authorized by K.S.A. 65-34,163; implementing K.S.A. 65-34,164, K.S.A. 65-34,165, K.S.A. 65-34,166, K.S.A. 2016 Supp. 65-34,167, K.S.A. 2016 Supp. 65-34,168, K.S.A. 2016 Supp. 65-34,169, and K.S.A. 65-34,172; effective June 26, 1998; amended by Kansas Register Volume 36, No. 37; effective 9/29/2017.