Kan. Admin. Regs. § 4-13-25a - Exemptions
(a) The
regulations found in K.A.R. 4-13-25 through K.A.R. 4-13-25k shall not apply to
any of the following:
(1) A mobile container
of 350-gallon capacity or less, if the use of the container is solely
incidental to the end-use application of the bulk pesticide and if the
container is not at a specific location for more than 60 days of storage in any
consecutive 365-day period;
(2) a
sealed or an unopened pesticide manufacturer's storage container being loaded
or unloaded;
(3) a railcar in
which the storage of bulk pesticides is solely incidental to the transportation
of the pesticide and that remains on a train track; or
(4) a bulk pesticide stored, loaded, or
unloaded in quantities less than all the quantities specified in K.A.R.
4-13-25b.
(b) The owner
or operator of a facility shall have the burden of establishing the
applicability of an exemption under paragraph (a)(4) of this regulation.
(c) Contemporaneously kept records
maintained pursuant to K.A.R. 4-13-25k shall constitute prima facie evidence of
an exemption.
Notes
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