Agency 28, Article 16 — Water Pollution Control

Kansas Administrative Regulations Department of Health and Environment Article 16.—Water Pollution Control 28-16-1. Information required. (A) Application on form furnished by the department. (B) Plans. (C) Specifications. (D) Engineer's report. (Authorized by K.S.A. 65-164, 65-16…

Kansas Administrative Regulations Department of Health and Environment Article 16.—Water Pollution Control 28-16-10. Revoked. (Authorized by K.S.A. 65-170, 65-171d; effective Jan. 1, 1966; revoked Jan. 1, 1972.)

Kansas Administrative Regulations Department of Health and Environment Article 16.—Water Pollution Control 28-16-11. Revoked. (Authorized by K.S.A. 1971 Supp. 65-165 through 65-171d; effective, E-67-6, May 31, 1967; effective Jan. 1, 1968; amended, E-71-12, Feb. 1, 1971; amended …

Kansas Administrative Regulations Department of Health and Environment Article 16.—Water Pollution Control 28-16-110. Definitions. For the purposes of the regulations in this article, the following words, terms and phrases are defined as follows: (a) "Best practicable waste treat…

Kansas Administrative Regulations Department of Health and Environment Article 16.—Water Pollution Control 28-16-112. Fund use eligibility. (a) The fund shall be used only to finance all or any part of the following activities: (1) loans to loan applicants for the planning, desig…

Kansas Administrative Regulations Department of Health and Environment Article 16.—Water Pollution Control 28-16-113. Interest rate. Each loan shall accrue interest for the entire life of the loan at a rate set by the secretary. The interest rate shall be calculated as a percenta…

Kansas Administrative Regulations Department of Health and Environment Article 16.—Water Pollution Control 28-16-114. Repayment of loans. (a) All principal and interest shall be repaid in accordance with the terms and conditions of the executed loan agreement. Principal and inter…

Kansas Administrative Regulations Department of Health and Environment Article 16.—Water Pollution Control 28-16-115. Dedicated loan repayment source. (a) Each loan recipient shall adopt one or more dedicated sources of revenue for repayment of the loan including principal and in…

Kansas Administrative Regulations Department of Health and Environment Article 16.—Water Pollution Control 28-16-116. Failure to repay loan on schedule. Upon failure of a loan recipient to pay one or more installments of the loan repayment on schedule, the governing body of the l…

Kansas Administrative Regulations Department of Health and Environment Article 16.—Water Pollution Control 28-16-117. Double benefits. (a) Projects receiving construction grants under the federal clean water act shall not be eligible to receive loans under the Kansas water pollut…

Kansas Administrative Regulations Department of Health and Environment Article 16.—Water Pollution Control 28-16-118. Project eligibility. (a) In order to receive a loan, each sewerage facility equivalency project shall comply or be consistent with: (1) The best practicable waste…

Kansas Administrative Regulations Department of Health and Environment Article 16.—Water Pollution Control 28-16-119. Eligible project types. (a) An equivalency loan may be granted for: (1) Projects providing secondary treatment, any part of secondary treatment or any cost-effect…

Kansas Administrative Regulations Department of Health and Environment Article 16.—Water Pollution Control 28-16-12. Revoked. (Authorized by K.S.A. 1971 Supp. 65-165 through 65-171d; effective, E-67-6, May 31, 1967; effective Jan. 1, 1968; amended, E-71-12, Feb. 1, 1971; amended …

Kansas Administrative Regulations Department of Health and Environment Article 16.—Water Pollution Control 28-16-120. Alternative ultimate disposal. Each loan applicant for a sewerage facility project shall evaluate alternative methods and technologies for the reuse or ultimate d…

Kansas Administrative Regulations Department of Health and Environment Article 16.—Water Pollution Control 28-16-121. Infiltration and inflow. Each loan applicant for a sewerage facility project shall demonstrate that: (a) the existing sewage collection systems related to the pro…

Kansas Administrative Regulations Department of Health and Environment Article 16.—Water Pollution Control 28-16-122. Alternative and innovative treatment. Each loan applicant for a wastewater treatment project shall demonstrate the consideration of cost effective alternative and…

Kansas Administrative Regulations Department of Health and Environment Article 16.—Water Pollution Control 28-16-123. Open space recreation. Each loan applicant shall analyze and document the potential open space and recreation opportunities associated with the project. (Authoriz…

Kansas Administrative Regulations Department of Health and Environment Article 16.—Water Pollution Control 28-16-124. Capital improvement plan. Each loan applicant for a sewerage facility project shall submit to the secretary, with the loan application, a capital improvement fina…

Kansas Administrative Regulations Department of Health and Environment Article 16.—Water Pollution Control 28-16-125. Water quality management plan. Each sewerage facility project eligible for a loan shall be consistent with the applicable water quality management plan, the count…

Kansas Administrative Regulations Department of Health and Environment Article 16.—Water Pollution Control 28-16-126. Nonpoint source pollution control management plan. Each nonpoint pollution control or groundwater quality protection project shall be consistent with applicable n…

Kansas Administrative Regulations Department of Health and Environment Article 16.—Water Pollution Control 28-16-127. Sewer use ordinance. Each loan applicant for a sewerage facility project shall develop, and subsequent to the secretary's approval, adopt a sewer use ordinance or…

Kansas Administrative Regulations Department of Health and Environment Article 16.—Water Pollution Control 28-16-128. User charge system. Each loan applicant for a sewerage facility project shall develop, and subsequent to the secretary's review and approval, adopt a user charge …

Kansas Administrative Regulations Department of Health and Environment Article 16.—Water Pollution Control 28-16-129. Revoked. (Authorized by K.S.A. 1988 Supp. 65-3323; implementing K.S.A. 1988 Supp. 65-3322; effective May 29, 1989; revoked April 4, 2025.)

Kansas Administrative Regulations Department of Health and Environment Article 16.—Water Pollution Control 28-16-13. Revoked. (Authorized by K.S.A. 1971 Supp. 65-165 through 65-171d; effective, E-67-6, May 31, 1967; effective Jan. 1, 1968; amended, E-71-12, Feb. 1, 1971; amended …

Kansas Administrative Regulations Department of Health and Environment Article 16.—Water Pollution Control 28-16-130. Project certification. Each loan recipient shall certify to the secretary whether the project meets the project's performance standards on the date one year after…

Kansas Administrative Regulations Department of Health and Environment Article 16.—Water Pollution Control 28-16-131. Procurement. Each loan recipient shall follow applicable state procurement laws and regulations and procedures established by the secretary. The approval of the s…

Kansas Administrative Regulations Department of Health and Environment Article 16.—Water Pollution Control 28-16-132. Fair labor standards. Bidding documents for each wastewater treatment works equivalency project shall include the prevailing wage rates established for the locali…

Kansas Administrative Regulations Department of Health and Environment Article 16.—Water Pollution Control 28-16-133. Small minority and women's business enterprises. Each loan recipient for a wastewater treatment works equivalency project shall assure that affirmative steps were…

Kansas Administrative Regulations Department of Health and Environment Article 16.—Water Pollution Control 28-16-134. Projects documents. (a) Each loan applicant for a sewerage facility projects shall submit, for the secretary's review and approval, the following documents: (1) A…

Kansas Administrative Regulations Department of Health and Environment Article 16.—Water Pollution Control 28-16-135. Financial capability. As part of the loan application, each loan applicant shall demonstrate and certify to the secretary that the applicant has the financial cap…

Kansas Administrative Regulations Department of Health and Environment Article 16.—Water Pollution Control 28-16-136. Public participation. Each loan recipient shall conduct a minimum of one public meeting and one public hearing prior to execution of the loan agreement. (a) A pub…

Kansas Administrative Regulations Department of Health and Environment Article 16.—Water Pollution Control 28-16-137. Environmental review. (a) The Kansas environmental review procedure for the Kansas water pollution control revolving loan program, dated February, 1989 is adopted…

Kansas Administrative Regulations Department of Health and Environment Article 16.—Water Pollution Control 28-16-138. Project accounts. Each loan recipient shall maintain project accounts in accordance with or similar to generally accepted government accounting standards defined …

Kansas Administrative Regulations Department of Health and Environment Article 16.—Water Pollution Control 28-16-14. Revoked. (Authorized by K.S.A. 1971 Supp. 65-165 through 65-171d; effective, E-67-6, May 31, 1967; effective Jan. 1, 1968; amended, E-71-12, Feb. 1, 1971; amended …

Kansas Administrative Regulations Department of Health and Environment Article 16.—Water Pollution Control 28-16-15. Revoked. (Authorized by K.S.A. 1971 Supp. 65-165 through 65-171d; effective, E-67-6, May 31, 1967; effective Jan. 1, 1968; amended, E-71-12, Feb. 1, 1971; amended …

Kansas Administrative Regulations Department of Health and Environment Article 16.—Water Pollution Control 28-16-150. Scope. The provisions of K.A.R. 28-16-150 through 28-16-154, inclusive and any amendments to those regulations, shall apply to the issuance of each general permit…

Kansas Administrative Regulations Department of Health and Environment Article 16.—Water Pollution Control 28-16-151. Definitions. 40 CFR 122.2 as in effect on July 1, 1991 is adopted by reference. (Authorized by K.S.A. 65-165; implementing K.S.A. 65-165 and K.S.A. 65-171d; effec…

Kansas Administrative Regulations Department of Health and Environment Article 16.—Water Pollution Control 28-16-152. Coverage. 40 CFR 122.28(a) as in effect July 1, 1991, as amended at 57 FR 11412, April 2, 1992 is adopted by reference. (Authorized by K.S.A. 65-165; implementing…

Kansas Administrative Regulations Department of Health and Environment Article 16.—Water Pollution Control 28-16-153. Administration. 40 CFR 122.28(b)(1), (2), and (3)(i), (iii), (iv), and (v), as in effect on July 1, 1991, as amended at 57 FR 11412, April 2, 1992 are adopted by …

Kansas Administrative Regulations Department of Health and Environment Article 16.—Water Pollution Control 28-16-154. Incorporation. 40 CFR 124.10(d)(1)(i) through (v) and (vii) as in effect on July 1, 1991, are adopted by reference except that the provisions of 40 CFR 124.10(d)(…

Kansas Administrative Regulations Department of Health and Environment Article 16.—Water Pollution Control 28-16-16. Revoked. (Authorized by K.S.A. 1971 Supp. 65-165 through 65-171d; effective, E-67-6, May 31, 1967; effective Jan. 1, 1968; amended, E-71-12, Feb. 1, 1971; amended …

Kansas Administrative Regulations Department of Health and Environment Article 16.—Water Pollution Control 28-16-160. Definitions. The following terms and abbreviations shall be applicable to K.A.R. 28-16-160 through K.A.R. 28-16-174 and shall have the meanings specified in this …

Kansas Administrative Regulations Department of Health and Environment Article 16.—Water Pollution Control 28-16-161. Municipal and commercial lagoons: general provisions. The following general provisions shall apply to municipal and commercial wastewater treatment system lagoons…

Kansas Administrative Regulations Department of Health and Environment Article 16.—Water Pollution Control 28-16-162. Industrial lagoons: general provisions. The following general provisions shall apply to industrial wastewater treatment system lagoons. (a) New or modified indust…

Kansas Administrative Regulations Department of Health and Environment Article 16.—Water Pollution Control 28-16-163. Required hydrogeologic information for new or modified municipal, commercial, or industrial wastewater lagoons. (a) Each hydrogeologic investigation that is condu…

Kansas Administrative Regulations Department of Health and Environment Article 16.—Water Pollution Control 28-16-164. Municipal, commercial, and industrial wastewater treatment system lagoons: soil liner design. (a) Each permit applicant shall submit with the construction plans a…

Kansas Administrative Regulations Department of Health and Environment Article 16.—Water Pollution Control 28-16-165. Municipal, commercial, and industrial soil liners: postconstruction testing. (a) Each permit applicant or permittee proposing a new municipal, commercial, or indu…

Kansas Administrative Regulations Department of Health and Environment Article 16.—Water Pollution Control 28-16-166. Requirements for impermeable synthetic membrane liners in municipal or commercial wastewater treatment system lagoons. (a) The following requirements shall apply …

Kansas Administrative Regulations Department of Health and Environment Article 16.—Water Pollution Control 28-16-167. Requirements for impermeable synthetic membrane liners in industrial wastewater treatment system lagoons. (a) The following requirements shall apply to industrial…

Kansas Administrative Regulations Department of Health and Environment Article 16.—Water Pollution Control 28-16-168. Postconstruction testing of municipal, commercial, and industrial impermeable synthetic membrane liners. (a) Each permit applicant or permittee proposing a new mu…