For the purposes of K.A.R. 28-68-1 through K.A.R. 28-68-10, the following terms shall be defined as follows. (a) "Applicant" means any person or governmental entity that applies to the dry-cleaning facility release trust fund.
- (b) "Contaminated dry-cleaning site" has the meaning specified in K.S.A. 65-34,148, and amendments thereto.
- (c) "Dry-cleaning waste" means waste, including dry-cleaning wastewater, that is generated at a dry-cleaning facility and that contains dry-cleaning solvent.
- (d) "Dry-cleaning wastewater" means separator water and all other water that is generated during the dry-cleaning process and contains dry-cleaning solvents.
- (e) "Existing dry-cleaning facility" means a dry-cleaning facility that was in operation on or before January 3, 1997.
- (f) "Floor drain" means any opening that is less than three inches above the floor surface and leads to a septic tank, storage tank, sanitary sewer, storm sewer, or soils or waters of the state. An opening sealed with a removable seal that prevents dry-cleaning solvent and dry-cleaning wastewater from entering the opening shall not be considered a floor drain.
- (g) "Hazardous waste" has the meaning specified in 40 C.F.R. part 261, subparts C and D, as in effect on July 1, 1999, and hereby adopted by reference.
- (h) "New dry-cleaning facility" means a dry-cleaning facility that begins operation after January 3, 1997.
- (i) "Operator" means any person who manages the daily activities or operations, or both, of a dry-cleaning facility.
- (j) "Secondary containment structure" means a tank, tray, containment pallet, containment basin, a floor surface contained within a dike and the dike proper, or a similar structure that is designed to contain spills and leaks from dry-cleaning units, dry-cleaning solvent storage areas, or dry-cleaning waste storage areas.
(Authorized by and implementing K.S.A. 1999 Supp. 65-34,143; effective Jan. 3, 1997; amended Dec. 22, 2000.)