Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 13 - PESTICIDES › Section 4-13-25 - Bulk pesticide storage and handling of pesticides; definitions

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