Agency 28, Article 29 — SOLID WASTE

(Authorized by and implementing K.S.A. 1981 Supp. 65-3406; effective Jan. 1, 1972; amended, E-79-22, Sept. 1, 1978; amended May 1, 1979; amended May 1, 1982; revoked May 10, 1996.)

Denial or revocation of per- mits. (a) A permit may be denied or revoked for any of the following reasons: (1) Misrepresentation or omission of a signifi- cant fact by the permittee either in the application for the permit or in information subsequently re- ported to the departme…

Applicability. (a) The provi- sions of K.A.R. 28-29-100 through K.A.R. 28-29- 121 shall apply to all municipal landfills receiv- ing waste on or after October 9, 1991. Facilities receiving waste after October 9, 1991, but that stop receiving waste before October 9, 1993 shall onl…

(Authorized by K.S.A. 1993 Supp. 65-3406; implementing K.S.A. 65-3401; ef- fective Oct. 24, 1994; revoked May 30, 2003.)

Location restrictions. (a) Air- port safety. (1) Each owner or operator of a new MSWLF unit and existing MSWLF unit which is located within 10,000 feet (3,048 meters) of any airport runway end used by turbojet aircraft or within 5,000 feet (1,524 meters) of any airport runway end…

Small landfills. (a) Any owner or operator of a new or existing municipal land- fill may request an exemption from the design re- quirements in K.A.R. 28-29-104, as amended, if these conditions are met: (1) the MSWLF receives and disposes of less than 20 tons of municipal solid w…

Design standards. (a) General design standards. (1)Existingunits.Anyportionofatrenchorarea of an existing unit not filled to its permitted design capacity by October 9, 1996, shall be considered a vertical expansion subject to the standards in K.A.R. 28-29-104(a)(2), or a new uni…

Operating standards. (a) Ex- cluding the receipt of hazardous waste. Owners or operators of all MSWLF units shall implement a program at the facility for detecting and prevent- ing the disposal of regulated hazardous wastes as defined pursuant to K.A.R. 28-31-3 and K.A.R. 28-31-4…

Special waste. (a) Disposal of special waste. Any person may dispose of special waste, as defined in K.A.R. 28-29-3, if all of the following conditions are met. (1) The person disposes of the special waste at a permitted municipal solid waste landfill (MSWLF). (2) A special waste…

(Authorized by K.S.A. 65-3406; effective, E-79-22, Sept. 1, 1978; effective May 1, 1979; revoked, E-82-8, April 10, 1981; revoked May 1, 1982.)

Household hazardous waste. General. (a) Applicability. K.A.R. 28-29- 1100 through K.A.R. 28-29-1107 shall apply to each household hazardous waste facility as de- fined in K.S.A. 65-3402, and amendments there- to. Subsection (f) of this regulation shall apply to collection events …

Household hazardous waste facility design. The owner or operator of each HHW facility shall perform the following: (a) Design and construct each access road to accommodate expected traffic flow in a safe and efficient manner; (b) construct the floor or base of each house- hold wa…

Household hazardous waste facility operations. (a) Nonhazardous household waste. (1) Each HHW facility operator shall store and manage all NHHW according to the facility’s op- erating plan and the following requirements: (A) Place the NHHW in the designated area, as described in …

Mobile HHW collection units. Each permitted facility that transports HHW from a temporary collection site or from a satellite HHW facility to a permitted HHW facili- ty shall perform the following: (a) Clearly mark “Household hazardous waste” on both sides of the mobile collectio…

Satellite HHW facilities. (a) “Satellite HHW facility” shall mean any perma- nent HHW collection site, located away from the central collection center, that is part of a permit- ted HHW program. (b) Each person who owns or operates a satel- lite HHW facility shall meet all of the…

HHW reporting and re- cordkeeping. (a) The owner or operator of each HHW facility shall submit an annual report to the departmentonaformfurnishedbythedepartment. (b) The owner or operator of each HHW facility shall maintain a copy of the approved design plan, closure plan, and al…

HHW facility closure. The owner or operator of each HHW facility shall meet the following requirements: (a) Notify the department at least 60 days be- fore beginning closure; (b) remove all household waste within 90 days after last receiving waste; and (c) submit to the departmen…

HHW permits. (a) Each per- son that plans to establish an HHW facility shall submit a permit application to the department on a form supplied by the department. The applicant shall include with the permit application the fol- lowing items: (1) Facility design plan. The facility d…

Groundwater monitoring sys- tems; applicability and design. (a) The require- ments in this regulation shall apply to all MSWLF units, except as provided in subsection (b). (b) Groundwater monitoring requirements may be suspended by the department for a MSWLF unit if the owner or …

Groundwater monitoring systems; sampling and data analysis require- ments. (a) The groundwater monitoring program shall include consistent sampling and analysis pro- cedures to ensure that monitoring results provide data representative of groundwater quality in the zone being mon…

Groundwater monitoring systems; detection and assessment monitor- ing. (a) Detection monitoring program. (1) Detection monitoring shall be required at each groundwater monitoring well as defined in K.A.R. 28-29-111. At a minimum, a detection monitoring program shall include the m…

Corrective action. (a) Assess- ment of corrective measures. (1) After consideration of the results from the release assessment conducted pursuant to K.A.R. 28-29-113(a)(3)(B), the owner or operator may be asked by the director to conduct an assessment of corrective measures that …

Notification of closure, closure plans, and long-term care. (a) Notification of closure. All permittees shall notify the depart- ment in writing at least 60 days before closure. (b) Closure plans. Persons desiring to obtain a permit shall file a site closure plan at the time a pe…

(2) The deadline for closure required by sub- section (g)(1) may be extended up to two years if the owner or operator demonstrates to the depart- ment that there is no: (A) available alternative disposal capacity; and (B) immediate threat to human health and the environment. (h) …

Where appropriate and necessary, a new schedule for continued detection monitoring shall be established by the director. (Authorized by K.S.A. 1993 Supp. 65-3406; implementing K.S.A. 65-3401; effective Oct. 24, 1994.)

(Authorized by K.S.A. 65-3406; effective, E-79-22, Sept. 1, 1978; effective May 1, 1979; revoked, E-82-8, April 10, 1981; revoked May 1, 1982.)

(Authorized by K.S.A. 65-3406; effective Jan. 1, 1972; amended, E-79-22, Sept. 1, 1978; amended May 1, 1979; revoked, E-82-8, April 10, 1981; revoked May 1, 1982.)

(Authorized by K.S.A. 65-3406, 65-3407; effective, E-79-22, Sept. 1, 1978; ef- fective May 1, 1979; amended, E-82-8, April 10, 1981; revoked May 1, 1982.)

Inspections. (a) The secretary or any duly authorized representative of the sec- retary, at any reasonable hour of the day, having identified themselves and giving notice of their purpose, may: (1) Enter a factory, plant, construction site, solid waste disposal area, solid waste …

Land-spreading; definitions and adoptions. (a) As used in K.A.R. 28-29-1600 through K.A.R. 28-29-1608, each of the following terms shall have the meaning specified in this reg- ulation: (1) “Application” means land-spreading appli- cation. This term shall include the forms provid…

Land-spreading; general requirements. (a) No person may land-spread without having obtained prior written approval from the KCC. Before drilling, each operator that wants to land-spread shall submit an application to the KCC. (b) If the proposed land-spreading disposal area is mo…

Land-spreading; applica- tion. Each operator that submits an application shall provide the operator name and the lease name on each part of the application that is not submitted directly on the forms provided by the KCC. The operator shall include the following items in the appli…

Land-spreading; sampling and analysis of soils. Each operator that submits an application to the KCC shall meet all of the following requirements: (a) Sample collection for chloride analysis. For each cell, as identified on the cell identification map submitted with the applicati…

Land-spreading; conditions for disposal. Disposal of drilling waste by land-spreading shall be approved by the KCC only if the operator has certified, and provided supporting documentation if required by K.A.R. 28-29-1602, that the drilling waste and the dispos- al site meet all …

Land-spreading; sampling and analysis of drilling waste. Each operator that conducts land-spreading shall meet all of the following requirements: (a) Samples of the drilling waste shall be collect- ed using a procedure that ensures that the sam- ples are representative of the was…

Land-spreading; determi- nation of land-spreading rates. Before land- spreading may occur, each operator that plans to land-spread shall perform the following for each cell, as identified on the cell identification map, on which drilling waste will be land-spread: (a) Analyze the…

Land-spreading; operating and management requirements. Each opera- tor that conducts land-spreading shall meet all of the following requirements: (a) Storage of drilling waste. The operator shall store the drilling waste at the site of generation in pits permitted by the KCC or i…

(d) Drilling waste from multiple wells may be disposed of on the approved land-spreading site during the approved disposal period. (Authorized by and implementing K.S.A. 2012 Supp. 65- 3407c; effective Oct. 11, 2013.)

(Authorized by K.S.A. 65-3406; effective, E-79-22, Sept. 1, 1978; effective May 1, 1979; revoked, E-82-8, April 10, 1981; revoked May 1, 1982.)

This regulation shall be revoked on and after February 24, 2000. (Authorized by K.S.A. 1983 Supp. 65-3406; implementing K.S.A. 1983 Supp. 65-3406, 65-3407; effective, E-82-8, April 10, 1981; effective May 1, 1982; amended, T-84-41, Dec. 21, 1983; amended May 1, 1984; revoked Feb.…

This regulation shall be revoked on and after February 24, 2000. (Authorized by K.S.A. 1983 Supp. 65-3406; implementing K.S.A. 1983 Supp. 65-3406, 65-3407; effective May 1, 1982; amended, T-84-41, Dec. 21, 1983; amended May 1, 1984; revoked Feb. 24, 2000.)

(Authorized by K.S.A. 1983 Supp. 65-3406; implementing K.S.A. 1983 Supp. 65- 3406, 65-3407; effective, E-79-22, Sept. 1, 1978; effective May 1, 1979; amended, E-82-8, April 10, 1981; amended May 1, 1982; amended, T-84-41, Dec. 21, 1983; amended May 1, 1984; revoked March 22, 2002…

Monitoring required. As a con- dition for issuing a permit, the secretary may re- quire the approval, installation, and operation of environmental quality monitoring systems before the acceptance of solid wastes for storage, pro- cessing, or disposal. Approval of the monitoring s…

Modification of obsolete refer- ences and text. The following modifications shall be made to article 29: (a) In K.A.R. 28-29-23(t), “K.A.R. 28-31-3” shall be replaced with “K.A.R. 28-31-261.” (b) In K.A.R. 28-29-23a(c)(8), the phrase “K.A.R. 28-31-3 and K.A.R. 28-29-4” shall be r…

Variances. (a) General Procedure. If exceptional circumstances make strict confor- mity with these regulations impractical or not fea- sible, a person may submit a written request for a variance from these regulations. The department may grant a variance from these regulations an…

Restrictive covenants and easements. (a) Permitted soild waste disposal ar- eas. Each owner of a solid waste disposal area that is required to have a permit and where wastes will remain at the solid waste disposal area after clo- sure may be required by the secretary to execute a…

(e) Permit modifications. Any waste tire pro- cessing facility, waste tire collection center, or mo- bile waste tire processor permittee may request fromthesecretaryapermitmodificationtomodify the operations authorized in an unexpired permit. The procedure for modifying permits s…

Laboratory certification. All monitoring analyses required under K.A.R. 28- 29-19, and amendments to it, shall be conducted by a laboratory certified or approved by the de- partment to perform these analyses. Laboratories desiring to be certified to perform these analyses shall c…

Storage of solid wastes. (a) General. The owner or occupant or both of any premise, business establishment, or industrial plant shall provide sanitary storage for all solid waste not classified as hazardous wastes produced on his or her property which meets standards set forth in…

Financial assurance for clo- sure and postclosure. In K.A.R. 28-29-2101 through K.A.R. 28-29-2113, “facility” shall mean a solid waste disposal area, a solid waste processing facility, or both. (a) Evidence of financial assurance. The own- er or operator of each facility shall su…