Agency 28, Article 16 — WATER

Information required. (A) Appli- cation on form furnished by the department. (B) Plans. (C) Specifications. (D) Engineer’s report. (Authorized by K.S.A. 65-164, 65-165, 65-171d; effective Jan. 1, 1966.)

Definitions. For the purpos- es of the regulations in this article, the following words, terms and phrases are defined as follows: (a) “Best practicable waste treatment technol- ogy (BPWTT)” means a cost-effective technolo- gy that can treat wastewater, including combined sewer o…

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, de- sign, and construction of publicly-owned waste- water treatment works; and (2) loans to loan applicants with taxing aut…

Interest rate. Each loan shall bear interest for the entire life of the loan at a rate setbythesecretary.Thesecretarymayalsosetfees for servicing the loans. The interest rate together with the servicing fee shall be an amount equal to sixty percent of the previous three months’ a…

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 interest payments shall begin not later than two years after receipt of the first loan installment and in no case later tha…

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 interest. The dedicated sources of revenue may be in the form of user charges, ad valorem taxes, special tax as- sessmen…

Failure to repay loan on schedule. Upon failure of a loan recipient to pay oneormoreinstallmentsoftheloanrepaymenton schedule, the governing body of the loan recipient shall be consulted by the secretary, and thereaf- ter the governing body shall adopt charges, as set by the secr…

Double benefits. (a) Projects receiving construction grants under the feder- al clean water act shall not be eligible to receive loans under the Kansas water pollution control revolving fund act for the nonfederal shares of the projects costs. (b) Loans shall be made only for the…

Project eligibility. (a) In order to receive a loan, each sewerage facility equivalen- cy project shall comply or be consistent with: (1)Thebestpracticablewastetreatmenttechnol- ogy requirements defined in K.A.R. 28-16-110(a); (2) The facilities planning process defined in K.A.R.…

Eligible project types. (a) An equivalency loan may be granted for: (1) Projects providing secondary treatment, any part of secondary treatment or any cost-effective alternative to secondary treatment; (2) Projects providing a treatment process or any part of a treatment process …

Alternative ultimate dispos- al. Each loan applicant for a sewerage facility project shall evaluate alternative methods and technologies for the reuse or ultimate disposal of treated wastewater and residue material resulting from the waste treatment process. (Authorized by K.S.A.…

Infiltration and inflow. Each loan applicant for a sewerage facility project shall demonstrate that: (a) the existing sewage collec- tion systems related to the proposed project are not subject to excessive infiltration or inflow; or (b) the loan applicant has been implementing a…

Alternative and innovative treatment. Each loan applicant for a wastewater treatment project shall demonstrate the consider- ation of cost effective alternative and innovative wastewater treatment processes and techniques during the planning, selection and design of the project. …

Open space recreation. Each loan applicant shall analyze and document the potential open space and recreation opportunities associated with the project. (Authorized by K.S.A. 1988 Supp. 65-3323; implementing K.S.A. 1988 Supp. 65-3322; effective May 29, 1989.)

Capital improvement plan. Each loan applicant for a sewerage facility project shall submit to the secretary, with the loan appli- cation, a capital improvement financing plan for the applicant’s projected sewerage facility needs. The plans shall cover not less than a five-year pe…

Water quality management plan. Each sewerage facility project eligible for a loan shall be consistent with the applicable wa- ter quality management plan, the county-wide wastewater management plan or both, and the loan applicant shall be a designated wastewater management agency…

Nonpoint source pollution control management plan. Each nonpoint pol- lution control or groundwater quality protection project shall be consistent with applicable non- point pollution source control management plan- ning approved by the secretary. (Authorized by K.S.A. 1988 Supp.…

Sewer use ordinance. Each loan applicant for a sewerage facility project shall develop, and subsequent to the secretary’s ap- proval, adopt a sewer use ordinance or other legal- ly binding document to protect the integrity of the entire wastewater works system by: (a) requiring t…

User charge system. Each loan applicant for a sewerage facility project shall develop, and subsequent to the secretary’s review 309 Water Pollution Control 28-16-135 and approval, adopt a user charge system which shall produce adequate revenues for operation and maintenance of th…

Value engineering. Each loan recipient for a sewerage project shall conduct value engineering during the design phase of the project if the total estimated project cost exceeds $10 mil- lion.Thevalueengineeringrecommendationsshall be implemented to the maximum extent possible asa…

Project certification. Each loan recipient shall certify to the secretary wheth- er the project meets the project’s performance standards on the date one year after the initiation of operations of the project. The loan recipient shall be responsible for assuring timely correction…

Procurement. Each loan re- cipient shall follow applicable state procurement laws and regulations and procedures established by the secretary. The approval of the secretary is required prior to procurement. (Authorized by and implementing K.S.A. 1988 Supp. 65-3323; ef- fective Ma…

Fair labor standards. Bidding documents for each wastewater treatment works equivalency project shall include the prevailing wage rates established for the locality by the U.S. department of labor under the federal Davis- Bacon act. (Authorized by K.S.A. 1988 Supp. 65- 3323; impl…

Small minority and women’s business enterprises. Each loan recipient for a wastewater treatment works equivalency project shall assure that affirmative steps were taken to utilize small, minority and women’s businesses as sources of supplies, construction and services. Affirmativ…

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 completed loan application on application forms furnished by the department; (2) A facilities plan that establishes t…

Financial capability. As part of the loan application, each loan applicant shall 310 DEPARTMENT OF HEALTH AND ENVIRONMENT 28-16-136 demonstrate and certify to the secretary that the applicant has the financial capability to repay the loan and to cover the costs of operation and m…

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 public meeting shall be conducted during the preparation of the facilities plan, nonpoint source pollution control manage…

Environmental review. (a) The Kansas environmental review procedure for the Kansas water pollution control revolving loan program, dated February, 1989 is adopted by ref- erence as the required environmental procedure for an equivalency project. (b) For an equivalency project, 40…

Project accounts. Each loan recipient shall maintain project accounts in ac- cordance with or similar to generally accepted government accounting standards defined in the 1988 edition of the Government Accounting, Au- diting, and Financial Reporting manual issued by the Governmen…

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 for water pollution control. (Authorized by K.S.A. 65-165; implementing K.S.A. 65-165 and K.S.A. 65-171d; effective S…

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; effective Sept. 27, 1993.)

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 K.S.A. 65-165 and K.S.A. 65-171d; effective Sept. 27, 1993.)

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 reference, with the following modifications or exceptions. (a) The pro- visions of 40 CFR 122.28(b)(1) shall be modifi…

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)(1)(v) shall be modified as follows: “(v) A brief description of the comment procedures required by K.A.R. 28- 16-61(c)…

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 regula- tion. Terms and abbreviations not defined in this regulation shall have the meanings specified in K.S.A. 65-10…

Municipal and commercial lagoons: general provisions. The following general provisions shall apply to municipal and commercial wastewater treatment system la- goons. (a) New or modified municipal or commer- cial wastewater treatment system lagoons shall be prohibited if the groun…

Industrial lagoons: gener- al provisions. The following general provisions shall apply to industrial wastewater treatment system lagoons. (a) New or modified industri- al wastewater treatment system lagoons shall be prohibited if the groundwater separation distance between the la…

Required hydrogeologic in- formation for new or modified municipal, commercial, or industrial wastewater la- goons. (a) Each hydrogeologic investigation that 318 DEPARTMENT OF HEALTH AND ENVIRONMENT 28-16-164 is conducted by or on behalf of the permittee for new or modified waste…

Municipal, commercial, and industrial wastewater treatment system la- goons: soil liner design. (a) Each permit ap- plicant shall submit with the construction plans and specifications hydrogeologic information, soil testing data, and design calculations docu- menting that the pro…

Municipal, commercial, and industrial soil liners: postconstruction test- ing. (a) Each permit applicant or permittee pro- posing a new municipal, commercial, or industrial wastewater treatment lagoon that will employ a soil liner system shall, when submitting construc- tion plan…

Requirements for imperme- able synthetic membrane liners in municipal or commercial wastewater treatment system lagoons. (a) The following requirements shall apply to municipal or commercial impermeable synthetic membrane liners: (1) The liner shall be at least 30 mils (0.030 inc…

Requirements for imperme- able synthetic membrane liners in industrial wastewater treatment system lagoons. (a) The following requirements shall apply to industrial impermeable synthetic membrane liners: (1) The impermeable synthetic membrane liner system shall be comprised of pr…

Postconstruction testing of municipal, commercial, and industrial im- permeable synthetic membrane liners. (a) Each permit applicant or permittee proposing a new municipal, commercial, or industrial waste- water treatment lagoon that will employ an im- permeable synthetic membran…

Minimum standards of de- sign, construction, and maintenance. (a) The permit applicant or permittee shall design and construct municipal, commercial, and industrial wastewater treatment system lagoons to conform to effluent standards, effluent limitations, pretreat- ment requirem…

Water, oil, or gas wells. (a) Each permit applicant or permittee submitting construction plans for a municipal, commercial, or industrial wastewater treatment system lagoon shall identify, on the construction plans, the loca- tion of any active, abandoned, or plugged water, oil, …

Monitoring wells. (a) The installation and sampling of groundwater mon- itoring wells in the vicinity of any municipal, commercial, or industrial wastewater treatment system lagoon may be required by the secretary. Equivalent technology, in lieu of requiring the installation and …

Plan and specification ap- proval; permit issuance.(a)Neithertheapprov- al of an engineering report, hydrogeologic report, construction plans, or construction specifications nor the issuance of a permit by the secretary shall prohibit the secretary from taking any enforce- ment a…

Municipal, commercial, and industrial wastewater lagoons: closure re- quirements. (a) Each wastewater lagoon per- mittee shall notify the secretary of any plans to cease operation of, close, or abandon a munici- pal, commercial, or industrial wastewater lagoon or lagoon system. (…

Variance from specific re- quirements. (a) Each person seeking a variance from any of the requirements in K.A.R. 28-16-160 through 28-16-173 shall submit to the secretary, in writing, a request for the variance and shall pro- vide information and data relevant to the variance req…

Submission of information. Plans, specifications, report and application must be submitted to the chief engineer for the board at least three weeks prior to the date on which ac- tion is desired. It is not to be inferred, however, that action will always be taken within the time …