Kansas Administrative Code

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.)

(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.) 28-29-48 and 28-29-49. (Authorized by K.S.A. 65-3406; effective, E-79-22, Sept. 1, 1978; effective May 1, 1979; amended, E-82-8, April 1…

(Authorized by K.S.A. 65-3406; ef- fective 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.) 531 Solid Waste Management 28-29-6a

(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.) 28-29-51 to 28-29-53. (Authorized by K.S.A. 65-3406; effective, E-79-22, Sept. 1, 1978; effective May 1, 1979; amended, E-82-8, April 10…

Uncontaminated soil. For the purposes of K.S.A. 65-3402 and amendments thereto, “uncontaminated soil” shall mean soil that meets all the following conditions: (a) The soil meets the definition of “construc- tion and demolition waste” in K.S.A. 65-3402, and amendments thereto. (b)…

Permits and engineering plans. (a) Application for permits. Every person desir- ing to obtain a permit shall file an application for a permit for the proposed solid waste disposal area or processing facility with the department at least thirty (30) days before the date the person…

(Authorized by K.S.A. 65-3406; effective, E-82-8, April 10, 1981; revoked, E-82- 20, Nov. 4, 1981.)

(Authorized by K.S.A. 65-3406; effective, E-82-8, April 10, 1981; revoked, E-82- 20, Nov. 4, 1981; revoked May 1, 1982.) PART 5. SOLID WASTE MANAGEMENT PLANS

Public notice of permit actions, public comment period, and public hearings. (a) Public notice and comment period. (1) Scope and timing. A public notice shall be given by the department when a municipal solid 532 DEPARTMENT OF HEALTH AND ENVIRONMENT 28-29-7 waste landfill permit …

Conditions of permits. (a) When granting a permit, the secretary shall consider and stipulate: the types of solid wastes which may be accepted or disposed, special operating condi- tions, procedures, and changes necessary to com- ply with these and other state or federal laws and…

Solid waste management (SWM) plans and committees; general pro- visions. (a) Each county shall prepare, adopt, and submit to the secretary an SWM plan as specified in K.S.A. 65-3405, and amendments thereto, and K.A.R. 28-29-75 through K.A.R. 28-29-82. (b) Each county or group of …

The solid waste management (SWM) committee. Each county commission for counties planning individually, or the SWM committee on behalf of the county commissions of each county participating in a regional SWM plan, shall submit the following information to the department within the…

The SWM plan. (a) Each SWM committee shall establish an SWM plan that meets the requirements of K.S.A. 65-3405, and amendments thereto, and provides the following: (1) Access for each person in the county or re- gion to service providing for the disposal of all nonhazardous resid…

Review and adoption of a new SWM plan. (a) Each SWM committee shall de- velop a new SWM plan in accordance with the requirements of this regulation if any of the fol- lowing occurs: (1) The dissolution of a region; (2)achangeinthemembercountiesofaregion; (3) the withdrawal from a…

Approval of the SWM plan by the secretary. (a) After adoption of the SWM plan, the county commission, the governing body of the designated city, or the SWM committee shall submit the SWM plan to the secretary for consideration for approval as specified in K.S.A. 65-3405, and amen…

Modifications of permits. (a) The permittee shall notify the department in writing at least thirty (30) days before any proposed mod- ification of operation or construction from that described in the plan of operation or permit. The permittee shall not proceed with the modificati…

Annual reviews of the SWM plan. (a) Review. (1) Each SWM committee, except as specified in K.S.A. 65-3405 and amendments thereto, shall conduct an annual review of the SWM plan. (2) The review shall identify all changes made to the SWM system of the county or region since adoptio…

Five-year reviews of the SWM plan. (a) Review and revision. Each SWM com- mitteeshallreviewandrevisetheSWMplanwith- in five years of the original SWM plan approval date or within five years of the previous five-year review approval date, whichever is more recent. (1) The revision…

(Authorized by K.S.A. 65-3406; imple- menting K.S.A. 65-3405; effective Jan. 1, 1972; amended, E-79-22, Sept. 1, 1978; amended May 1, 1979; amended March 5, 2004.)