Agency 28, Article 16 — WATER

Emergency or accidental dis- charge of sewage or other detrimental ma- terial into waters; report to department of health. The owner or person responsible for the discharge of sewage or other materials det- rimental to the quality of waters of the state, under conditions other th…

(Authorized by K.S.A. 1977 Supp. 65-165 through 65-171d; effective, E-73-16, May 18, 1973; effective Jan. 1, 1974; amended, E-76- 3, Jan. 1, 1975; amended May 1, 1975; amended May 1, 1978; revoked May 1, 1986.)

(Authorized by K.S.A. 1977 Supp. 65-165, 65-166, 65-166a, 65-167, 65-169, 65-170,65-171athrough65-171d;effective,E-76- 15, Feb. 28, 1975; effective May 1, 1976; amend- ed May 1, 1978; revoked May 1, 1986.) SURFACE WATER QUALITY STANDARDS

Definitions. As used in K.A.R. 28-16-28b through 28-16-28h, each of the follow- ing terms shall have the meaning specified in this regulation: (a) “Alluvial aquifer” means the sed- iment that is associated with and deposited by a stream and that contains water capable of being pr…

General provisions. (a) An- tidegradation. (1) General purpose waters. (A) Levels of water quality in surface waters of the state shall be maintained to protect the exist- ing uses of those surface waters. 277 Water Pollution Control 28-16-28c (B) For all surface waters of the st…

Surface water classification and use designation. (a) Surface water classifi- cation.Surfacewatersshallbeclassifiedasfollows: (1) Classified stream segments shall be those stream segments defined in K.S.A. 2017 Supp. 82a-2001, and amendments thereto. (2) Classified surface waters…

Surfacewaterqualitycriteria. (a) Criteria development guidance. The develop- mentofsurfacewaterqualitycriteriaforsubstanc- es not listed in these standards shall be guided by water quality criteria published by the EPA. If the departmentfindsthatthecriterialistedinthisreg- ulatio…

Administration of surface water quality standards. (a) Application of modified surface water quality standards. A mod- ification to the surface water quality standards, the surface water register, or both, shall have no effect on the requirements of any existing en- forceable dis…

Surface water register. The classification and use designations of surface wa- ters of the state shall be those identified in the de- partment’s “Kansas surface water register,” dated 286 DEPARTMENT OF HEALTH AND ENVIRONMENT 28-16-28h December 12, 2013, which is hereby adopted by…

Surface water variance reg- ister. The variances approved by the secretary shall be those identified in the department’s “Kansas surface water quality standards variance register,” dated October 31, 2017, which is here- by adopted by reference. (Authorized by K.S.A. 2017 Supp. 65…

(Authorized by K.S.A. 1976 Supp. 65-4512; effective, E-77-43, Sept. 23, 1976; effec- tive Feb. 15, 1977; revoked Sept. 28, 1992.) WATER AND WASTEWATER OPERATOR CERTIFICATION

Plans. Plans for sewerage systems, sewer extensions and sewage treatment plants shall include: (A) A general map of the municipality or sewer district, showing all proposed and existing streets and alleys, drawn to a scale not smaller than 300 feet to one inch, with all sewer lin…

Requirements for water and wastewater operator certification. (a) Each operator who desires or is required to obtain a water supply system or wastewater treatment fa- cility operator certificate shall meet the following requirements: (1) Each applicant shall own or be either em- …

Eligibility for water and waste- water operator certification. (a) Each appli- cant for certification shall meet eligibility require- ments as noted in the following table. CERTIFICATE CLASS POINTS EXPERIENCE Small System 12.5 6 months I 13.0 1 year II 14.0 1 year III 16.0 2 year…

Operator certification examina- tions. (a) To be certified, each applicant shall pass the appropriate written examination. A score of 70% or higher shall be considered a passing score. (b) Examinations shall be given at least twice each year at times and locations set by the de- …

Operator responsible for the operation and management of a water sup- ply system or wastewater treatment facility, or both. (a)(1) Each system or facility shall have anindividual or individuals inresponsiblechargeat the system or facility site, or available at all times. (2) For …

Issuance and renewal of certif- icate of competency. (a) Upon satisfactory ful- fillment of the requirements specified in K.A.R. 28-16-30, a certificate of competency shall be is- sued to the applicant. The certificate shall desig- nate the class or classes of either water supply…

Operator certification fees. (a) Fees for certification shall be the following: OIT (one-year certificate)......................................... No charge OIT (renewal for one year)....................................... $5.00 Examination fee...................................…

Classification of water supply systems and wastewater treatment facilities. (a) The owner of each water supply system and wastewater treatment facility shall designate an operator in responsible charge of the system or fa- cility, or both, whose qualifications are commen- surate …

Specifications. Specifications for the construction of the work shall accompany all plans for new or original systems. Where plans are for extensions to systems, the specifications may be omitted, provided it is stated that work is to be constructed under specifications already o…

Engineer’s report. A comprehen- sive report of the proposed work, written or ap- proved by the consulting or designing engineer, must accompany all plans for a complete system or treatment plant, and must give all data upon which the design is based, such as information concernin…

Inspection of sewerage sys- tems during construction and prohibited connections. This regulation pertains to the in- spection of all components of a sewerage system during construction including, but not limited to, treatment facilities, lift stations and force mains, outfall sew…

(Authorized by K.S.A. 1975 Supp. 65-166a; effective, E-74-7, Nov. 26, 1973; effec- tive, E-76-3, Jan. 1, 1975; effective May 1, 1975; amended, E-76-39, Aug. 1, 1975; amended May 1, 1976; revoked, T-85-30, Nov. 14, 1984; revoked May 1, 1985.)

(Authorized by and implement- ing K.S.A. 65-166a; effective, T-85-30, Nov. 14, 1984;effectiveMay1,1985;amendedMay1,1986; amended May 1, 1988; revoked Sept. 27, 1996.)

(Authorized by and implement- ing K.S.A. 1984 65-166a; effective, T-85-30, Nov. 14, 1984; effective May 1, 1985; revoked Sept. 27, 1996.)

Sewage permit fees; defini- tions. For the purposes of K.A.R. 28-16-56d, the following terms shall be defined as specified in this regulation: (a) “Animal unit,” for the purpose of deter- mining permit fees, has the meaning specified in K.S.A. 65-171d, and amendments thereto. (b)…

Sewage permit fees; sched- ules. (a) Each person applying for a permit pur- suant to K.S.A. 65-165, and amendments there- to, and each holder of a permit issued pursuant to K.S.A. 65-165, and amendments thereto, shall submit the appropriate fee in accordance with the following sc…

(Authorized by K.S.A. 65-171d, as amended by L. 1986, Ch. 204, Sec. 3, Sec. 6 and L. 1986, Ch. 201, Sec. 22; implementing K.S.A. 65-165, 65-166; effective, E-74-32, June 14, 1974; effective May 1, 1975; amended May 1, 1987; re- voked March 23, 2001.)

Effluent standards. (a) Incor- poration. 40 C.F.R. Parts 133, 405 through 436, 439, 440, 443, 446, 447, 454, 455, 457 through 461, 463, 465, and 469, as in effect on July 1, 1985, are adopted by reference. (b) To the extent that the above effluent lim- itations are inapplicable, …

Definitions. As used in K.A.R. 28-16-57a through 28-16-63, each of the following terms shall have the meaning specified in this reg- ulation: (a)(1) “Administrator” means administra- tor of the United States environmental protection agency (EPA). (2) “Application” means all docum…

Filing of applications. (a) Each person presently discharging or having a poten- tial to discharge pollutants into any “waters of the state” shall file one copy of the appropriate appli- cation within 30 days of a written notification by the division. (b) Each person proposing co…

Information concerning treat- ment plant. In addition to that concerning sewer systems: Engineer’s report should cover the fol- lowing points: method of treatment and descrip- tion of units; rate of loading; nature of body of water; disposal of sludge; special devices; special me…

Development of draft permit. (a) Each application and any other relevant facts shall be reviewed by the director to determine one of the following: (1) A permit shall be issued allowing the dis- charge. (2) A permit shall be issued providing for no discharge. (3) A permit shall n…

Public notice of permit actions, public comment period, and public hearings. (a) Definitions. (1) “Clean Water Act (CWA)” means the feder- al water pollution control act, or federal pollution control act amendments of 1972, P.L. 92-500, as amended by P.L. 95-217, P.L. 95-576, P.L…

Written notification of that denial shall be given both to the person who requests this change and to the permittee. (B) Public notices may describe more than one permit or permit action. (C) Public notice of the preparation of a draft permit shall allow at least 30 days for publ…

Monitoring. I. An appropriate monitoringprogramshallbeincludedinallpermits. The program may require the discharger to install, use and maintain at his expense, adequate monitor- ing equipment or methods (including, where ap- propriate, biological monitoring methods). II. Any disc…

(Authorized by K.S.A. 12-3710 et seq.; effective, E-74-33, June 21, 1974; effective, E-76-20, May 1, 1975; effective May 1, 1976; re- voked May 10, 1996.)

(Authorized by K.S.A. 12-3711; effective, E-78-4, Dec. 1, 1977; effective May 1, 1978; revoked May 10, 1996.) ESTABLISHMENT AND ADMINISTRATION OF CRITICAL WATER QUALITY MANAGEMENT AREAS

Definitions. (a) Agricultural pol- lutants means sediments, organic material or mi- croorganisms from cultivated fields, pastures or grazing land; pesticides; runoff from feedlots or other animal holding areas; fertilizers; or minerals contained in irrigation return flow. (b)Crit…

Deviation from plans. There shall be no deviation from plans submitted to and ap- proved by the department, unless amended plans showing proposed changes have been submitted to and approved by the department. Copies of approved plans, specifications, application and report must b…

Designation of critical water quality management area. (a) Watersheds or portions of watersheds shall be considered by the secretary for designation as critical water quality management areas because of pollutant sources which cause, or may reasonably be expected to cause, damage…

Administration of critical wa- ter quality management area. (a) The secre- tary shall establish a local advisory committee to assist in the administration of each designated area. If pollutant reduction in the area involves agricultural pollutant reduction, the area shall be subm…

(Authorized by K.S.A. 65-3301, K.S.A. 1979 Supp. 65-3303, 65-3305, 65-3308; effective May 1, 1980; revoked March 23, 2001.)

(Authorized by K.S.A. 65-3301, K.S.A. 1979 Supp. 65-3308, 65-3309; effective May 1, 1980; revoked March 23, 2001.)

(Authorized by K.S.A. 65-3301, K.S.A. 1979 Supp. 65-3308, 65-3309, 65-3310; effective May 1, 1980; revoked March 23, 2001.)

(Authorized by K.S.A. 65-3301, K.S.A. 1979 Supp. 65-3308, 65-3309, 65-3310; effective May 1, 1980; revoked March 23, 2001.)

Elements of plan. (a) Each plan shall incorporate the following elements: (1) The projected population development of the county for a twenty-five (25) year period be- ginning June 30, 1980, with subprojections for each five (5) year increment; (2) Description of each existing se…

Administration of approved plan. (a) Any plan approved by the secretary will become a part of the Kansas water quality man- agement plan. Applicants for effluent permits will be subject to section 208(e) of the federal water pollution control act, 33 U.S.C. 466, et seq., and appl…

(Authorized by K.S.A. 65-3301, K.S.A. 1979 Supp. 65-3303, 65-3304, 65-3308, 65-3310, 65-3313; effective May 1, 1980; revoked March 23, 2001.) PRETREATMENT

Entities regulated. The provi- sions of K.A.R. 28-16-84 to 28-16-98, inclusive, and any amendments to those regulations, shall apply to: (a) pollutants from nondomestic sources which are subject to one or more pretreatment standards and which are indirectly discharged, or are oth…