Kansas Administrative Code

(Authorized by K.S.A. 1969 Supp. 65-187; effective, E-68-23, Aug. 9, 1968; effec- tive, E-69-6, Jan. 8, 1969; effective Jan. 1, 1970; revoked March 23, 2001.)

(Authorized by K.S.A. 1969 Supp. 65-185, 65-187, 65-189e; effective, E-68-23, Aug. 9, 1968; effective, E-69-6, Jan. 8, 1969; effective Jan. 1, 1970; revoked March 23, 2001.)

(Authorized by K.S.A. 1969 Supp. 65-187, 65-189f; effective Jan. 1, 1970; revoked March 23, 2001.)

(Authorized by K.S.A. 1969 Supp. 65-187; effective Jan. 1, 1970; revoked March 23, 2001.)

(Authorized by K.S.A. 1969 Supp. 65-187, 65-189c; effective Jan. 1, 1970; revoked March 23, 2001.)

(Authorized by K.S.A. 1969 Supp. 65-187, 65-189c, 65-189d; effective Jan. 1, 1970; revoked March 23, 2001.) 28-10-81 through 28-10-83. (Autho- rized by K.S.A. 1969 Supp. 65-187, 65-189c; ef- fective Jan. 1, 1970; revoked March 23, 2001.)

(Authorized by K.S.A. 1969 Supp. 247 Underground Storage, Disposal Wells and Surface Ponds 28-13-5 65-187; effective Jan. 1, 1970; revoked March 23, 2001.)

(Authorized by K.S.A. 1969 Supp. 65-187, 65-189c; effective Jan. 1, 1970; revoked March 23, 2001.) 28-10-86 through 28-10-88. (Autho- rized by K.S.A. 1969 Supp. 65-187; effective Jan. 1, 1970; revoked March 23, 2001.) C. STANDARDS 28-10-100 through 28-10-108. (Au- thorized by K.S…

Distribution and use of live pathogenic microorganisms. No pathogenic mi- croorganisms and/or vectors shall be purchased or obtained either interstate or intrastate by persons for use at the high school level (no exceptions). For this purpose the terms pathogenic microorganisms a…

Scope. This article regulates the construction and use of underground storage res- ervoirs and the construction and use of disposal wells and surface ponds for the confinement, stor- age and disposal of industrial fluids including but not limited to brines, but does not include r…

Definitions. (A) Underground storage reservoir. An underground storage reser- voir is hereby defined as any naturally occurring or artificially produced subsurface cavity in which petroleum products, acids, radioactive materials, or fluid or gaseous products are stored. (B) Surfa…

Plans and specifications for un- derground reservoirs. Plans and specifications for the storage of petroleum products, acids, ra- dioactive materials, or other fluid or gaseous prod- ucts in underground reservoirs shall be submitted to the chief engineer for the board and approve…

Maintenance of certain records and reports of malfunctions required for underground reservoirs. Operators of under- ground reservoirs shall maintain a permanent record of the type and quantity of all products stored therein, and a continuous record of the in- jection pressures, a…

Permits required for all surface ponds. The storage, confinement or disposal of industrial waste waters, salt water or other high- ly mineralized waters in surface ponds shall be 248 DEPARTMENT OF HEALTH AND ENVIRONMENT 28-13-6 prohibited unless a permit for such storage or dis- …

Applications for pond permits. Applications for permits for surface ponds shall be submitted in duplicate to the chief engineer for the board on forms obtainable from his office. (Autho- rized by K.S.A. 65-171d; effective Jan. 1, 1966.)

Approval or denial of applica- tions.Applicationsforpermitstousesurfaceponds will be approved or denied within ten days from date of receipt of the application, information and supporting plans, specifications and other required documents,bythestatedepartmentofhealth.Fail- ure by…

Authorized signatures. All per- mits and orders of revocation shall be signed by the chief engineer for the board. (Authorized by K.S.A. 65-171d; effective Jan. 1, 1966.)

Removal of material from sur- face ponds upon abandonment or revocation of pond permit. Upon abandonment of a surface pond or the revocation of a pond permit, the oper- ator shall dispose of the industrial waste water, salt water or other highly mineralized waters in a man- ner a…

Fees for analysis of samples from public water supply systems. All labora- tory analyses conducted in the office of laboratory services of the Kansas department of health and environment shall require payment as specified in K.A.R. 28-14-2, except for analyses requested by depart…

Schedule of fees. Each public wa- ter supply system submitting any samples for analy- sis to the office of laboratory services of the Kansas departmentofhealthandenvironmentshallreceive a quarterly statement reflecting the cost of services rendered during the previous calendar qu…

(Authorized by and implementing K.S.A. 65-171m; effective May 1, 1982; amended Sept. 21, 1992; amended June 21, 1993; amend- ed Sept. 26, 1994; amended Jan. 9, 1995; revoked Oct. 1, 2004.)

Public water supply fee fund. On and after January 1, 1993, each public water supply shall pay a fee of $0.002 per 1,000 gal- lons of water sold at retail and delivered through mains, lines or pipes. (a) The fee shall be paid to the Kansas depart- ment of revenue on forms supplie…

(Authorized by and implementing K.S.A. 65-171m; effective May 1, 1982; amended Sept. 21, 1992; amended June 21, 1993; amend- ed Sept. 26, 1994; amended Jan. 9, 1995; revoked Oct. 1, 2004.)

(Authorized by and implementing K.S.A. 65-171m; effective May 1, 1982; amend- ed Sept. 21, 1992; amended Jan. 9, 1995; revoked Oct. 1, 2004.)

(Authorized by and implementing K.S.A. 65-171m; effective May 1, 1982; revoked Sept. 21, 1992.)

(Authorized by and implement- ing K.S.A. 65-171m; effective Sept. 21, 1992; amended Sept. 26, 1994; amended Jan. 9, 1995; revoked Oct. 1, 2004.)

Permit requirements for pub- lic water supply systems. (a) Each person who operates a public water supply system shall be re- quired to have a permit issued by the secretary. (b) Each application for a public water supply permit shall be submitted for review and consid- eration f…

Siting requirements. A new or expanded facility shall not be initiated or con- structed at a site which the department deter- mines: (a) Is subject to a significant risk from earthquakes, floods, fires or other disasters which could cause a breakdown of the public water sup- ply …

Operation and maintenance requirements. (a) Each person that operates a public water supply system shall ensure that the system is operated, maintained, and supervised by certified personnel pursuant to K.S.A. 65-4501 through 65-4517, and amendments thereto. (b) Each person that …

Disinfection of drinking water. (a) All drinking water supplied to the public from a public water supply system shall be disinfected. (b) A sufficient amount of chlorine shall be add- ed to the water to maintain a chlorine residual of at least 0.2 mg/l of free chlorine or 1.0 mg/…

(Authorized by and implementing K.S.A. 65-171m; effective May 1, 1982; amended Sept. 21, 1992; amended Sept. 26, 1994; revoked Oct. 1, 2004.)

(Authorized by and implementing K.S.A. 65-171m; effective June 21, 1993; revoked Oct. 1, 2004.)

(Authorized by and implementing K.S.A. 65-171m; effective Sept. 26, 1994; revoked Oct. 1, 2004.)

(Authorized by K.S.A. 1977 Supp. 65-171m; effective, E-78-33, Dec. 7, 1977; effec- tive May 1, 1978; revoked, L. 1982, ch. 471.) ENVIRONMENTAL LABORATORY ACCREDITATION

Conditions of accreditation. (a) Definitions. For the purposes of this article, the following definitions shall be used: (1) “Accreditation” means the issuance of a doc- ument by the secretary attesting to the fact that a laboratory meets the minimum requirements specified in K.A…

Requirements for accredita- tion of environmental laboratories other than field laboratories. (a) For the purposes of this regulation, the definitions in the “environ- mental laboratory accreditation glossary,” pub- lished August 2006 by the department and hereby adopted by refer…

Requirements for accredita- tion of field laboratories. (a) Accreditation of a field laboratory shall be granted only to those laboratories performing environmental analyses limited to one or more of the following fields of accreditation: (1) Chlorine; (2) dissolved oxygen; (3) h…

The fields of accreditation for which the laboratory is accredited shall be noted. An accreditation number shall be assigned to each accredited laboratory and shall be included on the certificate. The certificate shall be issued for a 12-month period. (g) Denial, suspension, or r…

Definitions. For the purposes of these regulations, the following words and phras- es are defined as follows: (a) “Capacity” means the technical, managerial, and financial ability to comply with applicable na- tional primary drinking water standards. (b) “Conservation plans and p…

Fund use eligibility. (a) The fund shall be used only to provide loans to loan applicants for all or any part of the following: (1) The acquisition, construction, reconstruc- tion, improvement, equipping, rehabilitation, or extension of all or any part of a public water sup- ply …

Interest rate. (a) Each loan shall accrue interest for the entire life of the loan at a fixed rate set by the secretary. This fixed rate shall be calculated as specified in subsection (b). Fees for servicing the loans may also be set by the sec- retary. (b) The interest rate shal…

Repayment of loans. (a) All principal and interest shall be repaid in accor- dance with the terms of the loan agreement. Re- payments shall begin no later than one year fol- lowing project completion. Repayment of the loan shall not exceed a 30-year repayment period, ex- cept for…

Dedicated loan repayment source. (a) Each loan recipient shall adopt one or more dedicated sources for repayment of the loan, including principal and interest. The ded- icated sources of revenue may be in the form of revenue from water sales, service charges, con- nection fees, s…

Failure to repay loan on sched- ule. (a) Upon failure of a loan recipient to pay one or more installments of the loan repayment on schedule, the governing body of the loan recipi- ent shall be consulted by the secretary and may be required to undergo a financial and management op…

Project eligibility. (a) No assis- tance from the fund shall be provided for any wa- ter transfer project, or for any portion of a project involving a water transfer. No assistance from the fund shall be provided to any loan applicant who has not adopted and implemented water con…

Equivalency projects. Equiv- alency projects shall be required to comply with federal laws and executive orders that apply to all activities receiving federal assistance. In any given year,moreprojectsthanarenecessarytoequalthe equivalency portion of the fund may be required to c…

User charge system. Each loan applicant shall develop and, after the secretary’s review and approval, adopt a rate system that shall produce adequate revenue for repayment of the loan principal and interest, and for operation and maintenance of the entire public water supply syst…

Project certification. Each loan recipient shall certify to the secretary whether or not the project meets its design requirements on the date one year after the initiation of operation of the project. The loan recipient shall be respon- sible for assuring timely correction and c…

Procurement. Each loan re- cipient shall follow state procurement laws and regulations applicable to the recipient and proce- dures established by the secretary. The secretary’s approval is required before awarding any contract for construction. (Authorized by K.S.A. 1996 Supp. 6…

Project documents. (a) Each loan applicant shall submit the following docu- ments for the secretary’s review and approval: (1) A completed loan application on application forms furnished by the department; (2) an engineering report describing the need for the project, project des…