Agency 28, Article 29 — SOLID WASTE

Financial assurance for corrective action. Reference to the “facility” in these financial assurance regulations shall mean a 625 Solid Waste Management 28-29-2102 solid waste disposal area or a solid waste process- ing facility, or both. (a) Requirement to provide financial assur…

Financial assurance provid- ed by a funded trust fund. (a) Funded trust fund. Any owner or operator of a solid waste dis- posal area or processing facility may satisfy the requirements of K.A.R. 28-29-2101 or K.A.R. 28- 29-2102, or both, by establishing a trust fund that conforms…

Financial assurance provid- ed by a surety bond guaranteeing payment. (a) Financial guarantee bond. Any owner or op- erator of a permitted solid waste disposal area or processing facility may satisfy the requirements of K.A.R. 28-29-2101 or K.A.R. 28-29-2102, or both, by obtainin…

Financial assurance pro- vided by a surety bond guaranteeing per- formance. (a) Performance guarantee bond. Any owner or operator of a permitted solid waste disposal area or processing facility may satisfy the 630 DEPARTMENT OF HEALTH AND ENVIRONMENT 28-29-2105 requirements of K.…

Financial assurance provid- ed by an irrevocable letter of credit.(a)Letter of credit. Any owner or operator of a permitted solid waste disposal area or processing facility may satisfy the requirements of K.A.R. 28-29-2101 or K.A.R. 28-29-2102, or both, by obtaining a letter of c…

Financial assurance pro- vided by insurance. (a) Insurance policy. Any owner or operator of a permitted solid waste dis- posal area or processing facility may satisfy the requirements of K.A.R. 28-29-2101 or K.A.R. 28- 29-2102, or both, by obtaining an insurance policy that confo…

Financial assurance provid- ed by the corporate financial test. (a) Corpo- rate financial test. Any corporate owner or oper- ator of a permitted solid waste disposal area or processing facility may satisfy the requirements of K.A.R. 28-29-2101 or K.A.R. 28-29-2102, or both, by pa…

Financial assurance provid- ed by the corporate guarantee. (a) Corporate guarantee. Any owner or operator of a permitted solid waste disposal area or processing facility may meet the requirements of K.A.R. 28-29-2101 or K.A.R. 28-29-2102, or both, by obtaining a written guarantee…

Financial assurance provid- ed by the local government financial test. (a) Local government financial test. Each owner or operator of a permitted solid waste disposal area or processing facility that is a local government subdivision of the state of Kansas may satisfy the require…

Financial assurance provid- ed by a local government guarantee. (a) Local 640 DEPARTMENT OF HEALTH AND ENVIRONMENT 28-29-2111 government guarantee. Each owner or operator of a municipal solid waste landfill may satisfy the requirements of K.A.R. 28-29-2101 or K.A.R. 28- 29-2102, …

Financial assurance provid- ed by use of ad valorem taxing authority. (a) Ad valorem taxing authority. Any owner or oper- ator that is a local government subdivision of the state of Kansas and that is permitted to own or operate a solid waste disposal area or processing facility …

Financial assurance provid- ed by a simplified financial instrument. (a) Simplified financial instrument. (1) Any owner or operator of a permitted sol- id waste disposal area or processing facility with a current closure cost estimate equal to or less than $100,000, and with fina…

Standards for collection and transportation of solid wastes. (a) Frequency of collection. Solid waste, excluding bulky wastes, shall be removed from the storage containers on residential premises and places of public gather- ing in accordance with these regulations at least once …

Insurance for solid waste disposal areas and processing facilities. Ex- cept as provided in subsection (d), each owner or operator of a permitted solid waste disposal area or processing facility shall secure and maintain li- ability insurance for claims arising from injuries to o…

Standards for solid waste pro- cessing facilities and disposal areas. All solid waste disposal areas and solid waste processing facilities shall be located, designed, operated, and maintained in conformity with the following stan- 538 DEPARTMENT OF HEALTH AND ENVIRONMENT 28-29-23…

Standards for solid waste transfer stations. (a) Applicability. Each solid waste transfer station shall be subject to the re- quirements of this regulation. 540 DEPARTMENT OF HEALTH AND ENVIRONMENT 28-29-23a (b) Design requirements. (1) Each solid waste transfer station process- …

Construction and demolition landfills. (a) A permit to construct or operate a construction and demolition landfill shall not be required for a construction and demolition landfill operated on the same tract as, and in conjunction with, a permitted sanitary landfill. (b) If a city…

Standards for solid waste pro- cessing facilities. (a) Incinerators. All incinera- tors used for combustion of solid wastes shall be designed and operated in conformity with K.S.A. 65-3001 et seq. and rules and regulations adopted under those statutes. All emission control device…

Small yard waste compost- ing sites. This regulation shall apply to each yard waste composting site that has a composting area of one-half acre or less, but this regulation shall not apply to backyard composting. Hay, straw, and manure may be added to yard waste only for the purp…

Yard waste composting facil- ities. This regulation shall apply to each facility that composts yard waste and has a composting area larger than one-half acre. Hay, straw, and manure may be added to yard waste only for the purpose of adjusting the carbon-to-nitrogen ratio of the c…

Manure composting. For the purposes of this regulation, subsections (a), (b), (c), and (d) shall apply to each facility that com- posts manure and has a composting area of one- half acre or less. Subsections (a), (b), (c), and (e) of this regulation shall apply to each facility t…

Livestock composting. For the purposes of this regulation, subsections (a), (b), (c), and (d) shall apply to each facility that composts livestock, including chickens and tur- keys, and has a composting area of one-half acre or less. Subsections (a), (b), (c), and (e) of this reg…

Source-separated organic waste composting. For the purposes of this reg- ulation, subsections (a), (b), (c), and (d) shall ap- ply to each facility that composts source-separated organic waste and has a composting area of one- half acre or less. Subsections (a), (b), (c), and (e)…

Solid waste composting. For the purposes of this regulation, subsections (a), (b), (c), and (d) shall apply to each facility that composts solid waste and has a composting area of one-half acre or less, except facilities that compost only yard waste, manure, dead animals, source-…

(Authorized by and implementing K.S.A. 1983 Supp. 65-3406; effective May 1, 1982; amended, T-84-41, Dec. 21, 1983; amended May 1, 1984; revoked June 4, 1999.)

(p) “Construction” means any physical change or change in the method of operation, including fabrication, erection, installation, demolition, or modification of an emissions unit. (q) “Control device” means any equipment, device, or other article that is designed, installed, or b…

Definitions. For the purposes of these regulations, the following terms shall be de- fined as follows. (a) “Contaminated waste tire” shall have the meaning specified in K.S.A. 65-3424 and amend- ments thereto. A waste tire shall be deemed “substantially unsuitable for processing”…

Establishing value of used tires. (a) Used tires at a waste tire collection cen- ter shall be considered to have value if the owner of the used tires demonstrates to the department, through sales and inventory records, that the used tires are being sold at a rate equal to or grea…

Waste tire processing and dis- posal standards. (a) Any person may dispose of waste tires by landfilling, if the waste tires meet the criteria specified for the landfill disposal of waste tires in K.S.A. 65-3424a, and amendments thereto. (b) The processing of waste tires for land…

Beneficial use of waste tires. “Beneficial use” shall have the meaning specified in K.S.A. 65-3424, and amendments thereto. (a) Approved beneficial use. (1) Any person may use or store waste tires for a beneficial use if all of the following requirements are met: (A) The use or s…

Pest control requirements for the storage of new tires, used tires, waste tires, and processed waste tires. (a) Pest con- trol requirements. The owner or operator of each site that contains an accumulation of new tires, used tires, waste tires, or processed waste tires, or any co…

Definitions. (a) “Active area” means any solid waste disposal area that has re- ceived solid waste and has fewer than 12 inches of soil cover. (b) “Agricultural waste” means solid waste re- sulting from the production of farm or agricultural products. (c) “Air pollution” means th…

Waste tire processing facil- ity, waste tire collection center, and mobile waste tire processor permits. (a) Submission 556 DEPARTMENT OF HEALTH AND ENVIRONMENT 28-29-30 of application. Each person required to obtain a waste tire processing facility permit, a waste tire collectio…

Definitions. (a) For the purpos- es of K.A.R. 28-29-300 through K.A.R. 28-29-333, the following definitions shall apply: (1) “C&D” means construction and demolition. (2) “C&D contact water” means liquid, consist- ing primarily of precipitation, that has infiltrated through the C&…

Construction and demolition (C&D) landfill location restrictions. This reg- ulation shall apply to each new C&D landfill and to each expansion of an existing C&D landfill that requires a permit modification. (a) Definitions. For the purposes of this regula- tion, the following de…

Construction and demolition (C&D) landfill design.Thedesignrequirements of this regulation shall apply to all C&D landfills. (a) Facility access. The owner or operator of each C&D landfill shall provide fencing or oth- er barriers, with one or more gates that can be locked to res…

Construction and demolition (C&D) landfill operations. The owner or oper- ator of each C&D landfill shall comply with the following requirements. (a) Aesthetics. The operator shall control odors and particulates, including dust and litter, by the application of cover material, si…

Requirements for storage of waste tires, used tires, and processed waste tires. (a) Outdoor storage of waste tires, used tires, or both. (1) The requirements in this regulation for out- door storage of tires shall not apply to tires stored in trailers or covered containers. (2) E…

Requirements for permitted waste tire processing facilities, waste tire collection centers, and mobile waste tire pro- cessors. (a) Access for fire-fighting equipment. Each permittee that obtains certification from the local fire department, as specified in K.A.R. 28- 29-31, shal…

Waste tire transporter per- mits. (a) Submission of application. Each person required to obtain a waste tire transporter permit, as specified in K.S.A. 65-3424b and amendments thereto, shall submit an application to the depart- ment. Each application shall be submitted on forms p…

Construction and demolition (C&D) landfill closure and postclosure care. This regulation shall apply to each C&D landfill thatclosesaftertheeffectivedateofthisregulation. (a) Notification of closure. The owner or oper- ator of each C&D landfill shall notify the depart- ment, in w…

Construction and demolition (C&D) landfill permits. (a) Permit application. Each person that plans to establish a C&D landfill shall submit a permit application to the secretary on forms furnished by the department. The per- mit application shall include the following items: (1) …

Requirements for permitted waste tire transporters. Each person required to obtain a waste tire transporter permit shall per- form the following: (a) Display a copy of the person’s current waste tire transporter permit in each vehicle that trans- ports waste tires; 560 DEPARTMENT…

Control of hazardous and ex- plosive gases at C&D landfills; applicability of additional requirements. (a) Applicability of additional design, operating, and postclosure requirements. The additional design, operating, and postclosure requirements of K.A.R. 28-29- 332 shall apply …

Control of hazardous and explosive gases at C&D landfills; documen- tation of conditions used to determine appli- cability. Each person that submits an application for a new C&D landfill and each owner or opera- tor that proposes to construct a disposal unit at an existing C&D la…

Control of hazardous and explosive gases at C&D landfills; additional design, operating, and postclosure require- ments. The owner or operator of each disposal unit at a C&D landfill that meets the conditions of K.A.R. 28-29-330 for determining the applicabili- ty of additional d…

Control of hazardous and ex- plosive gases at C&D landfills; response, as- sessment monitoring, and corrective action. The owner or operator of each C&D landfill shall comply with the following: (a) Identification of potential problem. If the owner or operator observes or is info…

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

(Authorized by K.S.A. 65-3406; effective, E-79-22, Sept. 1, 1978; effective May 1, 1979; amended, E-82-8, April 10, 1981; revoked, E-82-20, Nov. 4, 1981; revoked May 1, 1982.)