Kansas Statutes > Chapter 65 > Article 34 – Solid and Hazardous Waste
Terms Used In Kansas Statutes > Chapter 65 > Article 34 - Solid and Hazardous Waste
- Advanced recycling: means a manufacturing process where already sorted post-use polymers and recovered feedstocks are purchased and then converted into basic raw materials, feedstocks, chemicals and other products through processes that include, but are not limited to, pyrolysis, gasification, depolymerization, catalytic cracking, reforming, hydrogenation, solvolysis, chemolysis and other similar technologies. See Kansas Statutes 65-3402
- Advanced recycling facility: means a manufacturing facility that:
(A) Receives, stores and converts post-use polymers and recovered feedstocks that are processed using advanced recycling;
(B) is a manufacturing facility subject to applicable department of health and environment manufacturing regulations; and
(C) the department may inspect to ensure that post-use polymers are used as raw material for advanced recycling and are not refuse or solid waste. See Kansas Statutes 65-3402
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
- Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
- 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 Kan. See Kansas Statutes 65-34,178
- Chlorinated drycleaning solvent: means any drycleaning solvent which contains a compound which has a molecular structure containing the element chlorine. See Kansas Statutes 65-34,142
- Clean rubble: means the following types of construction and demolition waste: Concrete and concrete products including reinforcing steel, asphalt pavement, brick, rock and uncontaminated soil as defined in rules and regulations adopted by the secretary. See Kansas Statutes 65-3402
- Closure: means the permanent cessation of active disposal operations, abandonment of the disposal area, revocation of the permit or filling with waste of all areas and volume specified in the permit and preparing the area for the long-term care. See Kansas Statutes 65-3402
- Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
- Composting facility: means any facility that composts wastes and has a composting area larger than one-half acre. See Kansas Statutes 65-3402
- Construction and demolition landfill: means a permitted solid waste disposal area used exclusively for the disposal on land of construction and demolition wastes. See Kansas Statutes 65-3402
- Construction and demolition waste: means solid waste resulting from the construction, remodeling, repair and demolition of structures, roads, sidewalks and utilities; untreated wood and untreated sawdust from any source; treated wood from construction or demolition projects; small amounts of municipal solid waste generated by the consumption of food and drinks at construction or demolition sites, including, but not limited to, cups, bags and bottles; furniture and appliances from which ozone depleting chlorofluorocarbons have been removed in accordance with the provisions of the federal clean air act; solid waste consisting of motor vehicle window glass; and solid waste consisting of vegetation from land clearing and grubbing, utility maintenance, and seasonal or storm-related cleanup. See Kansas Statutes 65-3402
- Construction related packaging: means small quantities of packaging wastes that are generated in the construction, remodeling or repair of structures and related appurtenances. See Kansas Statutes 65-3402
- Contaminant: means such alteration of the physical, chemical or biological properties of any soils and waters of the state as will or is likely to create a nuisance or render such soils or waters potentially harmful, or injurious to public health, safety or welfare, or to the plant, animal or aquatic life of the state. See Kansas Statutes 65-34,162
- Contract: A legal written agreement that becomes binding when signed.
- Conviction: A judgement of guilt against a criminal defendant.
- 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.
- Corrective action: means those activities described in subsection (a) of Kan. See Kansas Statutes 65-34,142
- Corrective action plan: means a plan approved by the secretary to perform corrective action at a drycleaning facility. See Kansas Statutes 65-34,142
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Deed: is a pplied to an instrument conveying lands but does not imply a sealed instrument. See Kansas Statutes 77-201
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Department: means the department of health and environment. See Kansas Statutes 65-3402
- Designated city: means a city or group of cities that, through interlocal agreement with the county in which they are located, is delegated the responsibility for preparation, adoption or implementation of the county solid waste plan. See Kansas Statutes 65-3402
- Discharge: means and includes leakage, seepage or other release. See Kansas Statutes 65-3471
- Disposal: means the discharge, deposit, injection, dumping, spilling, leaking or placing of any solid waste into or on any land or water so that such solid waste or any constituent thereof may enter the environment or be emitted into the air or discharged into any water. See Kansas Statutes 65-3402
- Drycleaning facility: means a commercial establishment that operates, or has operated in the past, in whole or in part for the purpose of cleaning garments or other fabrics utilizing a process that involves any use of drycleaning solvents. See Kansas Statutes 65-34,142
- Drycleaning solvent: means any and all nonaqueous solvents used or to be used in the cleaning of garments and other fabrics at a drycleaning facility and includes but is not limited to perchloroethylene, also known as tetrachloroethylene, and petroleum-based solvents, and the products into which such solvents degrade. See Kansas Statutes 65-34,142
- Drycleaning unit: means a machine or device which utilizes drycleaning solvents to clean garments and other fabrics and includes any associated piping and ancillary equipment and any containment system. See Kansas Statutes 65-34,142
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
- Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
- 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
- Fund: means the drycleaning facility release trust fund. See Kansas Statutes 65-34,142
- Generator: means any person who produces or brings into existence solid waste. See Kansas Statutes 65-3402
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. Source: OCC
- Hazardous materials: means a substance or material which has been determined by the secretary of the United States department of transportation to be capable of posing an unreasonable risk to health, safety and property when transported in commerce and which has been so designated. See Kansas Statutes 65-3471
- Household hazardous waste facility: means a facility established for the purpose of collecting, accumulating and managing household hazardous waste and may also include small quantity generator waste or agricultural pesticide waste, or both. See Kansas Statutes 65-3402
- Immediate response to a release: means containment and control of a known release in excess of a reportable quantity and notification to the department within 48 hours of any known release in excess of a reportable quantity. See Kansas Statutes 65-34,142
- Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
- Industrial facility: includes all operations, processes and structures involved in the manufacture or production of goods, materials, commodities or other products located on, or adjacent to, an industrial site and is not limited to a single owner or to a single industrial process. See Kansas Statutes 65-3402
- Industrial waste: includes , but is not limited to: Mining wastes from extraction, beneficiation and processing of ores and minerals unless those minerals are returned to the mine site; fly ash, bottom ash, slag and flue gas emission wastes generated primarily from the combustion of coal or other fossil fuels; cement kiln dust; waste oil and sludges; waste oil filters; and fluorescent lamps. See Kansas Statutes 65-3402
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Intestate: Dying without leaving a will.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
- Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
- Lien: A claim against real or personal property in satisfaction of a debt.
- Mass balance attribution: means a chain of custody accounting methodology with rules defined by a third-party certification system that enables the attribution of the mass of advanced recycling feedstocks to one or more advanced recycling products. See Kansas Statutes 65-3402
- Monitoring: means all procedures used to:
(1) Systematically inspect and collect data on the operational parameters of a facility, an area or a transporter; or
(2) to systematically collect and analyze data on the quality of the air, groundwater, surface water or soils on or in the vicinity of a solid waste processing facility or solid waste disposal area. See Kansas Statutes 65-3402
- Month: means a calendar month, unless otherwise expressed. See Kansas Statutes 77-201
- Municipal solid waste landfill: means a solid waste disposal area where residential waste is placed for disposal. See Kansas Statutes 65-3402
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Open dumping: means the disposal of solid waste at any solid waste disposal area or facility that is not permitted by the secretary under the authority of Kan. See Kansas Statutes 65-3402
- Oversight: Committee review of the activities of a Federal agency or program.
- 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
- Postclosure: means that period of time subsequent to closure of a solid waste disposal area when actions at the site must be performed. See Kansas Statutes 65-3402
- Property: means real property. See Kansas Statutes 65-34,178
- Purchaser: means any person who is acquiring property through purchase, foreclosure or default. See Kansas Statutes 65-34,178
- Quorum: The number of legislators that must be present to do business.
- Ranking minority member: The highest ranking (and usually longest serving) minority member of a committee or subcommittee.
- 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
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- Reclamation facility: means any location at which material containing a component defined as a hazardous substance pursuant to Kan. See Kansas Statutes 65-3402
- Recyclables: includes , but is not limited to, paper, glass, plastic, municipal water treatment residues, as defined by Kan. See Kansas Statutes 65-3402
- 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
- Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
- Reportable quantity: means a known release of a chlorinated drycleaning solvent in excess of one quart over a 24-hour period or a known release of a nonchlorinated drycleaning solvent in excess of one gallon over a 24-hour period. See Kansas Statutes 65-34,142
- Retailer: means any business that: (1) Is registered for purposes of the Kansas retailers sales tax act and provides drycleaning, or drycleaning and laundry, services to final consumers; or (2) has provided a drycleaning, or drycleaning and laundry, facility with a resale exemption certificate and is responsible for charging and collecting retailers' sales tax from final consumers of drycleaning or laundry services. See Kansas Statutes 65-34,142
- road: include public bridges and may be construed to be equivalent to "county way" "county road" "common road" "state road" and "territorial road. See Kansas Statutes 77-201
- Scrap material processing industry: means any person who accepts, processes and markets recyclables. See Kansas Statutes 65-3402
- Scrap material recycling and processing facility: means a fixed location that utilizes machinery and equipment for processing only recyclables. See Kansas Statutes 65-3402
- seal: includes an impression of the seal upon the paper alone, as well as upon wax or a wafer affixed to the paper. See Kansas Statutes 77-201
- Secretary: means the secretary of health and environment. See Kansas Statutes 65-3402
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
- Site: means all areas and media to which environmental contamination or pollution has been released, transported or migrated. See Kansas Statutes 65-34,178
- Sole ownership: The type of property ownership in which one individual holds legal title to the property and has full control of it.
- Solid waste: means garbage, refuse, waste tires as defined by Kan. See Kansas Statutes 65-3402
- Solid waste disposal area: includes all property described or included within any permit issued pursuant to Kan. See Kansas Statutes 65-3402
- Solid waste management system: means the entire process of storage, collection, transportation, processing, and disposal of solid wastes by any person engaging in such process as a business, or by any state agency, city, authority, county or any combination thereof. See Kansas Statutes 65-3402
- Solid waste processing facility: means incinerator, composting facility, household hazardous waste facility, waste-to-energy facility, transfer station, reclamation facility or any other location where solid wastes are consolidated, temporarily stored, salvaged or otherwise processed prior to being transported to a final disposal site. 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
- Statute: A law passed by a legislature.
- Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
- Third-party certification system: means an international and multi-national third-party certification system that consists of a set of rules for the implementation of mass balance attribution approaches for advanced recycling of materials. See Kansas Statutes 65-3402
- Transfer station: means any facility where solid wastes are transferred from one vehicle to another or where solid wastes are stored and consolidated before being transported elsewhere. See Kansas Statutes 65-3402
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
- Undertaking: means a promise or security in any form where required by law. See Kansas Statutes 77-201
- Waste-to-energy facility: means a facility that processes solid waste to produce energy or fuel. See Kansas Statutes 65-3402
- Waters of the state: means all streams and springs, and all bodies of surface or groundwater, whether natural or artificial, within the boundaries of the state. See Kansas Statutes 65-3402