Kansas Administrative Code

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…

Objectives of general pretreat- ment regulations. 40 CFR § 403.2, as in effect on July 1, 1986, is adopted by reference. (Autho- rized by and implementing K.S.A. 65-171d; effec- tive May 1, 1985; amended May 1, 1987.)

Definitions. 40 CFR § 403.3, as in effect on July 1, 1986, is adopted by reference. (AuthorizedbyandimplementingK.S.A.65-171d; effective May 1, 1985; amended May 1, 1987.)

Local laws not superceded. The provisions of K.A.R. 28-16-83 to 28-16-98, inclusive, shall not supercede any pretreatment requirements, including any standards or prohi- bitions, established by any local law as long as the local requirements are not less stringent than any set fo…

National pretreatment stan- dards; prohibited discharges. Subsections (a) to (e), inclusive, of 40 CFR § 403.5, as in effect on July 1, 1986, are adopted by reference. (Autho- rized by and implementing K.S.A. 65-171d; effec- tive May 1, 1985; amended May 1, 1987.)

National pretreatment stan- dards; categorical standard. 40 CFR § 403.6, as in effect on July 1, 1986, is adopted by reference. (Authorized by and implementing K.S.A. 65-171d; effective May 1, 1985; amended May 1, 1987.)

Revision of categorical pre- treatment standards to reflect POTW remov- al of pollutants. (a) 40 CFR § 403.7, as in effect on July 1, 1986, is adopted by reference, except that in lieu of § 403.7(b)(3) the following shall ap- ply: “(3) The POTW shall analyze the samples for pollu…

POTW pretreatment pro- grams; developed by POTW. 40 CFR § 403.8, as in effect on July 1, 1986, is adopted by refer- ence, except in lieu of paragraph (f)(1)(vii) the following shall apply: “(vii) Comply with the confidentiality requirements of the Kansas open records act.” (Autho…

POTW pretreatment pro- grams. Any municipality (POTW) with a Kansas water pollution control permit may be required to develop a local pretreatment program. (Autho- rized by and implementing K.S.A. 65-171d; effec- tive May 1, 1985; amended May 1, 1987.)

POTW pretreatment pro- grams or authorization to revise pretreat- ment standards; submission for approval. 40 CFR § 403.9, as in effect on July 1, 1986, is adopted by reference. (Authorized by and imple- menting K.S.A. 65-171d; effective May 1, 1985; amended May 1, 1987.)

Approval procedures for POTW pretreatment programs and POTW revision of categorical pretreatment stan- dards. 40 CFR § 403.11, as in effect on July 1, 1986, is adopted by reference. (Authorized by and implementing K.S.A. 65-171d; effective May 1, 1985; amended May 1, 1987.)

Reporting requirements for POTW’s and industrial users. (a) 40 CFR § 403.12, as in effect on July 1, 1986, is adopted by reference, except that: (1) in lieu of § 403.12(b)(5)(vi) the following shall apply: “(vi) Sampling and analysis shall be performed in accordance with the tech…

Variances from categorical pretreatment standards for fundamentally different factors. 40 CFR § 403.13, as in effect on July 1, 1986, is adopted by reference, except that: (a) in lieu of § 403.13(b), the following shall apply: “(b) A fundamentally different factors variance may b…

Confidentiality of information. Any information submitted to the department of health and environment shall be subject to dis- closure or nondisclosure as provided in the Kan- sas open records act. (Authorized by and imple- menting K.S.A. 65-171d; effective May 1, 1985; amended M…

Net/Gross calculations. 40 CFR § 403.15, as in effect on July 1, 1986, is adopted by reference, except that each reference to the en- forcement division director, regional enforcement officer,watermanagementdivisiondirectororEPA shall be deemed to refer to the secretary. Nothing …

Upset provisions. 40 CFR § 403.16, as in effect on July 1, 1986, is adopted by reference, except that each reference to the agen- cy shall be deemed to refer to the Kansas depart- ment of health and environment. (Authorized by and implementing K.S.A. 65-171d; effective May 1, 198…

Definitions. (a) “Birth certificate” meansastandardcertificateoflivebirth,adelayed certificate of birth, or a foreign-born certificate. (b) “Certification” means the action or process that attests to the authenticity of a copy or abstract of any record or certificate pertaining t…

Delayed certificate of birth. (a) Each request for a delayed certificate of birth shall be registered with the office of vital statistics and shall meet the following requirements: (1) Be completed with facts known at the time of birth of the registrant; and (2) if the registrant…

(Authorized by K.S.A. 65-2419, 65-2420; effective Jan. 1, 1966; revoked June 24, 2016.)

Delayed certificate of birth; fil- ing fee. Each application for a delayed certificate of birth shall be accompanied by a fee of $20.00 for the filing and registration of the birth certifi- cate. A certified copy may be issued in accordance with K.A.R. 28-17-6. (Authorized by and…

Maternity home, clinic and hospital reports. Each person in charge of a maternity home, clinic or hospital shall report to the department on or before the fifth day of each month a complete list of births and stillbirths that occurred in the institution during the preceding calen…

Required records of institu- tions. It shall be the duty of the state registrar, or his duly authorized agents, to inspect the records of all hospitals and other institutions, both pub- lic and private, as often as in the judgment of the state registrar it may be necessary to do …

State registrar to prescribe forms. All paper or electronic forms used in reg- istering, recording, and preserving the records shall be prescribed by the department. Each local registration officer shall accept and use only forms prescribed by the state registrar and shall issue …

Funeral directors reports. Each funeral director shall submit to the depart- ment, on or before the fifth day of each month, a report regarding each body prepared for burial by that establishment during the preceding calendar month. The report shall list: (a) the name of the dece…

(AuthorizedbyK.S.A.65-2402,65- 2426; effective Jan. 1, 1966; revoked May 1, 1983.)

Divorce or annulment become final. For the purpose only of determining on what date a clerk of a district court should submit a report of divorce or annulment of marriage, a di- vorce or annulment decree is final on the date the judgment is rendered by the district judge, un- les…

Unattended births. Additional information for each unattended birth shall be submitted to the office of vital statistics for inclu- sion on the original birth certificate within 90 days 328 DEPARTMENT OF HEALTH AND ENVIRONMENT 28-17-20 of the date the birth certificate is filed w…

(Authorized by K.S.A. 65-2404; ef- fective Jan. 1, 1966; revoked May 1, 1986.)

Corrections to certificates and records. Corrections to certificates and records may be made within the time limit indicated in each subsection. (a) Amendments within 90 days. (1) Within 90 days of receipt of an original vital record in the office of vital statistics, the followi…

Dissemination of certain infor- mation to state and federal agencies. Certain information extracted from death records may be released to state and federal agencies in the form of a computer data tape to include name of deceased, date of death, date of birth, county of residence,…

Enforcement of uniform vital statistics act. Each violation of K.S.A. 65-2401 et seq., and amendments thereto, and these reg- ulations shall, upon discovery of the violation, be reported to the state registrar. Each reported case involving any such violation shall then be report-…

(Authorized by K.S.A. 65-2431; ef- fective Jan. 1, 1966; revoked Oct. 22, 1990.)

(Authorized by K.S.A. 65-2430; im- plementing K.S.A. 65-2430; effective Jan. 1, 1966; amended May 1, 1983; revoked Oct. 22, 1990.)

(Authorized by K.S.A. 65-2402; implementing K.S.A. 65-2409, as amended by L. 1990, Chap. 226; effective Jan. 1, 1966; amended Oct. 22, 1990; revoked May 10, 1996.)

Fees for copies, abstracts, and searches. (a)(1) Subject to the requirements of K.S.A. 65-2417 and K.S.A. 65-2418 (a)(2) and amendments thereto, certified copies or ab- 326 DEPARTMENT OF HEALTH AND ENVIRONMENT 28-17-7 stracts of certificates or parts of certificates shall be furn…

(Authorized by K.S.A. 65-2402; im- plementing K.S.A. 65-2422; effective Jan. 1, 1966; amended May 1, 1986; amended May 1, 1987; re- voked Oct. 22, 1990.)

(Authorized by K.S.A. 65-2402; implementing 65-2419; effective Jan. 1, 1966; amended May 1, 1986; revoked May 10, 1996.)

Approval of application for de- layed birth certificate. Each application for a delayed birth certificate, including completed forms, as required, and documentary evidence, shall be examined, abstracted, and filed or reject- ed only in the office of vital statistics of the de- pa…

Definitions. Each of the following terms, as used in this article of the department’s regulations, shall have the meaning specified in this regulation: (a) “Animal unit” has the mean- ing specified in K.S.A. 65-171d, and amendments thereto. (b) “Animal unit capacity” has the mean…

Permits; monitoring and re- porting. (a) Any monitoring and reporting re- quired by the department in the terms and con- ditions of a permit, certification, order, directive, or consent agreement shall be conducted consis- tent with the provisions of K.A.R. 28-16-63, as appropria…

Confined feeding facilities; federal requirements. For the purpose of is- suing federal permits and administering NPDES program requirements, the following definitions and provisions, as in effect on July 1, 2006 and as amended by 72 fed. reg. 40250 on July 24, 2007, are hereby a…

Design and construction of animal waste management systems. (a) If a confined feeding facility represents a significant water pollution potential or if the operator of a facility is required by statute or regulation to ob- tain a permit, as determined by the secretary, the operat…

Operation of animal waste management systems. (a) Each animal waste management system shall be designed, construct- ed, maintained, and operated to prevent pollution of waters of the state and to protect public health and the environment. (b) Each animal waste management system s…

Inspections. (a) Each operator shall provide all necessary specialized equipment, clothing, or appurtenances to enable any autho- rized representative to enter a confined feeding facility for inspection. (b) Each operator that develops or modifies animal health protocols and that…

Variance of specific require- ments. (a) Each operator seeking a variance from the regulations in this article shall submit to the department a written request for variance from the regulations in this article and shall provide in- formation relevant to the request. (b) Each requ…

Waste-retention lagoon or pond closure plan requirements. (a) Each operator shall notify the department of any inten- tion to cease operation of, close, or abandon the waste-retention lagoon or pond. (b) Each operator shall maintain and comply with a valid water pollution control…

Groundwater protection re- quirements for waste-retention lagoons or ponds and waste treatment facilities. (a) The provisions of this article of the department’s reg- ulations shall not apply to any permitted waste- retention lagoon or pond or waste treatment fa- cility that was …