Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 71 - VOLUNTARY CLEANUP AND PROPERTY REDEVELOPMENT PROGRAM › Section 28-71-1 - Definitions

Current through Register Vol. 43, No. 28, July 11,
			 2024
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.