Kansas Administrative Code

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…

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…