Terms Used In Kansas Statutes 65-34,178

  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Department: means the Kansas department of health and environment. See Kansas Statutes 65-3402
  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • Owner: means any person who owns or leases, or has owned or leased, a drycleaning facility and who is or has been responsible for the operation of drycleaning operations at such drycleaning facility. See Kansas Statutes 65-34,142
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Person: means individual, partnership, firm, trust, company, association, corporation, individual or individuals having controlling or majority interest in a corporation, institution, political subdivision, state agency or federal department or agency. See Kansas Statutes 65-3402
  • Property: includes personal and real property. See Kansas Statutes 77-201
  • real property: include lands, tenements and hereditaments, and all rights to them and interest in them, equitable as well as legal. See Kansas Statutes 77-201
  • Release: means any spill, leak, emission, discharge, escape, leak or disposal of drycleaning solvent from a drycleaning facility into the soils or waters of the state. See Kansas Statutes 65-34,142
  • Secretary: means the secretary of health and environment. See Kansas Statutes 65-3402
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Kansas Statutes 77-201

As used in this act:

(a) “Certificate of environmental liability release” or “CELR” means a certificate issued by the department that releases the purchaser from environmental liability for contamination existing at the time of issuance of the CELR on a property from actions taken by the bureau of environmental remediation under K.S.A. 65-159, 65-161 through 65-171z, 65-3401 et seq., 65-3430 et seq. and 65-3452a et seq., and amendments thereto.

(b) “Department” means the Kansas department of health and environment.

(c) “Owner” means any owner of record of property or authorized representative.

(d) “Person” means any individual, trust, firm, joint stock company, public or private corporation, limited liability company or partnership; the federal government or any agency or instrumentality thereof; any state, or any agency, instrumentality or political or taxing subdivision thereof; or any interstate body.

(e) “Property” means real property.

(f) “Purchaser” means any person who is acquiring property through purchase, foreclosure or default. For purposes of this act, “purchaser” does not include the federal government or a person who acquires property through gifts, bequests or inheritance.

(g) “Secretary” means the secretary of health and environment.

(h) “Site” means all areas and media to which environmental contamination or pollution has been released, transported or migrated.