Kan. Admin. Regs. § 4-13-25 - Bulk pesticide storage and handling of pesticides; definitions
As used in K.A.R. 4-13-25 through 4-13-25m, the following terms shall be defined as follows:
(a)
"Appurtenance" means any valve, pump, fitting, pipe, hose, auger, metering
device, and dispensing device connected to a storage container. "Dispensing
device" shall include any device that is used to transfer bulk pesticides into
or out of a container.
(b) "Bulk
pesticide" means any pesticide, whether liquid or solid, that is kept at
ambient temperature and pressure and is stored, loaded, or unloaded in an
individual container of undivided capacity in quantities identified in K.A.R.
4-13-25b .
(c) "Bulk pesticide
container" means any receptacle or device in which a pesticide is stored,
mixed, treated, disposed of, or handled in any manner in quantities greater
than 55 gallons liquid measure or quantities greater than 100 pounds net dry
weight.
(d) "Bulk pesticide storage
facility" and "facility" mean any warehouse, loading pad, or other area where a
bulk pesticide is stored, mixed, loaded, or unloaded, unless otherwise
exempted. Each bulk pesticide storage facility located within 300 feet of
another facility owned or operated by the same person shall be considered the
same facility for the purpose of finding the number of consecutive days in
storage and determining whether the facility is exempt from the requirements of
K.A.R. 4-13-25 through K.A.R. 4-13-25m .
(e) "Chemically compatible" means that the
material will not react chemically adversely or electrolytically adversely to
the bulk pesticide being stored, loaded, unloaded, mixed, or handled.
(f) "Discharge" means any spilling, leaking,
depositing, pumping, dumping, or emptying, whether accidental or intentional,
resulting in the release of a pesticide or material containing a pesticide at a
bulk pesticide storage facility. "Discharge" shall not include the lawful
transferring, loading, unloading, repackaging, refilling, distributing, using,
disposing, or application of a pesticide. This term shall also exclude the
normal washing and rinsing activities on a mixing and loading pad.
(g) "Dry bulk pesticide" means any bulk
pesticide that is in solid form before any end-use application or before any
mixing for end-use application. This term shall include making formulations
including dusts, powders, and granules.
(h) "End-use application" means the
application of a pesticide by the owner or lessee of the real property upon
which the application is made to control a pest covered by the pesticide
label.
(i) "Flood plain" means an
area at one percent or greater risk of flood occurrence in any given
year.
(j) "Gallon" means the United
States standard measure of a gallon.
(k) "Liquid bulk pesticide" means any bulk
pesticide in liquid form before dilution for end-use application. This term
shall include solutions, emulsions, suspensions, slurries, and gels.
(l) "Mixing and loading pad" and "pad" mean a
surface designed to provide containment of a pesticide during the loading,
unloading, mixing, or handling of a pesticide, or during the cleaning, rinsing,
or refilling of a pesticide container.
(m) "Mobile container" means a bulk pesticide
container that is designed and used for transporting bulk pesticides.
(n) "Owner or operator" shall include any
agent or employee of an owner or operator and mean any of the following:
(1) A pesticide dealer as defined by
K.S.A.
2-2438a(q) and amendments
thereto;
(2) a pesticide business
licensee as defined by
K.S.A.
2-2438a(p) and amendments
thereto;
(3) a government agency
registrant as addressed in
K.S.A.
2-2440(e) and amendments
thereto;
(4) a certified private
applicator, as defined by
K.S.A.
2-2438a(c)(2) and amendments
thereto, of a bulk pesticide storage facility; or
(5) any other person, as defined by
K.S.A.
2-2438a(l) and amendments
thereto, responsible for the storage of bulk pesticides as defined by
subsection (b).
(o)
"Permanent cessation of operations" means either of the following:
(1) No pesticides have been loaded, unloaded,
or stored at the facility for 12 consecutive months.
(2) The facility has gone out of business and
is no longer a going concern.
(p) "Reasonably foreseeable" means what the
secretary determines would have been foreseeable at the time the decision
affecting the facility or its condition was made. "Reasonable foreseeability"
shall include consideration of the owner's or operator's knowledge of
conditions at the time the condition was created or the decision was
made.
(q) "Secondary containment"
means any structure, tank, or container, including rigid diking, that is
designed, constructed, and maintained to intercept, hold, contain, or confine a
discharge from a bulk pesticide container and to contain spills, prevent
runoff, and avoid leaching.
(r)
"Static pressure" means the pressure exerted by a fluid that is not flowing or
moving.
(s) "Sump" means a recessed
reservoir or catch basin designed to be a receptacle for the collection of
liquids in the floor of secondary containment or in the part of the secondary
containment that constitutes the loading pad.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.