Kansas Administrative Code

(Authorized by K.S.A. 1978 Supp. 65-3406; effective, E-79-22, Sept. 1, 1978; effec- tive May 1, 1979; revoked May 10, 1996.) PART 6. FINANCIAL REQUIREMENTS

Permit renewal; solid waste permit fees. (a) General provisions. Each permit issued by the department for any solid waste dis- posal facility or area, processing facility, incinera- tor, transfer station, composting plant or area and reclamation facility may be renewed on or befo…

State solid waste tonnage fees. (a) General provisions. The operator of each solid waste disposal area in Kansas shall pay to the de- partment a tonnage fee for each ton or equivalent volume of solid waste received and disposed of at the facility during the preceding reporting pe…

Suspension of permits. (a) A per- mit shall be suspended by the department when in the opinion of the secretary this action is neces- sary to protect the public health or welfare, or the environment. The secretary shall notify the per- mittee of the suspension and the effective d…

This regulation shall be revoked on and after February 24, 2000. (Authorized by K.S.A. 1997 Supp. 65-3406; implementing K.S.A. 1997 Supp. 65-3401; effective, T-28-9-30-93, Sept. 30, 1993; effective Nov. 22, 1993; amended May 16, 1994; amended Aug. 22, 1994; amended April 9, 1996;…

(Authorized by K.S.A. 65-3406; amended by L. 1993, Ch. 274, Sec. 2; implement- ing K.S.A. 65-3401; effective, T-28-9-30-93, Sept. 30, 1993; effective Nov. 22, 1993; revoked May 16, 1994; revoked Aug. 22, 1994.) PART 7. MUNICIPAL SOLID WASTE LANDFILLS

(Authorized by K.S.A. 74-901e; effec- tive Jan. 1, 1966; revoked May 1, 1986.)

(Authorized by K.S.A. 74-901e; effec- tive Jan. 1, 1966; revoked May 1, 1986.)

(Authorized by K.S.A. 74-901e; effec- tive Jan. 1, 1966; revoked May 1, 1986.)

(Authorized by K.S.A. 74-901e; effec- tive Jan. 1, 1966; revoked May 1, 1986.)

(Authorized by K.S.A. 74-901e; effec- tive Jan. 1, 1966; revoked May 10, 1996.)

(Authorized by K.S.A. 75-5625 and L. 1984, ch. 313, section 13; implementing L. 1984, ch. 313, section 26; effective May 1, 1986; revoked May 10, 1996.)

Conduct of hearings not under Kansas administrative procedure act. (a) In all hearings not conducted under the provisions of the Kansas administrative procedure act, the hearing officer shall be guided by rules of evi- dence as employed by the courts of the state of Kansas, but m…

(Authorized by K.S.A. 1979 Supp. 82a-1202, 82a-1205; effective, E-74-34, July 2, 1974; modified, L. 1975, ch. 481, May 1, 1975; re- voked May 1, 1980.)

Water well disinfection for wells constructed or reconstructed for hu- man consumption or food processing. (a) Gravel for gravel-packed wells shall be disinfect- ed by immersing the gravel in a chlorine solution containing not less than 200 milligrams per liter, mg/l, of availabl…

Definitions. In addition to the definitions in K.S.A. 82a-1203 and amendments thereto, each of the following terms shall have the meaning assigned in this regulation: (a) “Abandoned water well” means a water well determined by the department to meet at least one of the following …

Definitions. In addition to the definitions in K.A.R. 28-30-2, the following defini- tions shall apply to the Equus Beds groundwater management district no. 2: (a) “Bedrock” means shale, limestone, sand- stone, siltstone, anhydrite, gypsum, salt, or other consolidated rock that c…

Plugging operations; notifi- cation; report. (a) All plugging operations shall be supervised by one of the following: (1) A water well contractor licensed by the de- partment; (2) a licensed professional engineer or licensed geologist; or (3) the water well or borehole owner, or …

Plugging operations for an abandoned water well or borehole; respon- sibility. (a) Each water well or borehole shall be considered abandoned if at least one of the follow- ing conditions exists: (1)Thewaterwellorboreholewasnotcompleted. (2) The water well or borehole threatens to…

Annular space grouting pro- cedures. (a) Each water well or borehole owner or landowner of the property with an abandoned water well that was constructed on or after May 1, 1983 shall have the water well’s annular space grouted as follows: 653 28-30-204 Water Well—Licensing, Cons…

Inactive well; application; construction and extension. (a) Each owner of an inactive water well shall meet the following re- quirements: (1) Submit a completed, signed, and notarized inactive water well agreement, on a form provided by the district, to the district manager 30 da…

Disinfection of an abandoned water well or borehole. (a) Except as specified in subsection (b), the following minimum quanti- ties of sodium hypochlorite with 5.25 percent to 6.0 percent strength, manufactured under trade names including Clorox, Purex, Sno-White, and Topco, and o…

Administrative appeal to the board. (a) Any owner of a water well or borehole or any person whose legal rights, duties, privileg- es, immunities, or other legal interests are affect- ed by an order issued by the district may request an appeal hearing with the board. (b) The reque…

Variance; extension of time. (a) If an individual or party wants a variance from any of the regulations contained in K.A.R. 28-30- 200 through K.A.R. 28-30-206 or an extension of time pursuant to K.A.R. 28-30-204, the individual or party shall submit a request, in writing, to the…

Licensing. (a) Eligibility. To be el- igible for a water well contractor’s license, each applicant shall meet the following requirements: (1) Submit a complete license application on a form provided by the department; (2) submit a water well contractor application fee of $10.00; …

General operating require- ments. (a) Water well record. (1) Within 30 days after construction or recon- struction of a water well, each water well contrac- tor shall submit a report to the department and to the landowner on the water well record form provided by the department. …

Construction regulations for public water-supply wells. All activities involv- ing public water-supply wells shall meet the re- quirements of K.S.A. 65-163a, and amendments thereto, and regulations of the department, in- cluding K.A.R. 28-15-16. (Authorized by K.S.A. 82a-1205; im…

Construction regulations for all waterwellsnotincludedunderK.A.R.28-30-5. (a)Eachwaterwellshallbeconstructedtominimize the potential for contamination of the delivered or obtained groundwater and to protect groundwater aquifers from pollution and contamination. (b) The following …

Plugging of abandoned wells, cased and uncased test holes. (a) All water wells abandoned by the landowner on or after July 1, 1979, and all water wells that were aban- doned prior to July 1, 1979 which pose a threat to groundwater supplies, shall be plugged or caused 648 DEPARTME…

Pollution sources. Well locations shall be approved by municipal and county gov- ernments with respect to distances from pollu- tion sources and compliance with local regula- tions. The following minimum standard shall be observed. 650 DEPARTMENT OF HEALTH AND ENVIRONMENT 28-30-9…

(r) Upon abandonment of a sand point, the con- tractor or landowner shall pull the drive pipe or leave it in place. (1)Ifthedrivepipeisleftinplace,thesandpoint shall be plugged from the bottom of the well to three feet below the ground surface with approved grouting material. The…

(Authorized by and implementing K.S.A. 2001 Supp. 65-3431; effective, E-82-20, Nov. 4, 1981; effective May 1, 1982; amended, T-86-32, Sept. 24, 1985; amended May 1, 1986; amended May 1, 1987; amended May 1, 1988; amended Feb. 5, 1990; amended April 25, 1994; amended June 4, 1999;…

Hazardous waste monitoring fees. Each reference in this regulation to a feder- al regulation shall mean that federal regulation as adoptedbyreferenceinK.A.R.28-31-124through

Substitution of state terms for federal terms; internal references to feder- al regulations. When used in any provision of 40 CFR part 124, parts 260 through 266, or part 268, 270, 273, or 279, as adopted by reference by K.A.R. 28-31-124 through 28-31-279, the follow- ing substit…

Substitution of state terms for federal terms; administrator. When used in any provision of 40 CFR part 124, parts 260 through 266, or part 268, 270, 273, or 279, as adopted by reference by K.A.R. 28-31-124 through 28-31-279, the following substitutions shall be made unless other…

Substitution of state terms for federal terms; DOT, director. When used in any provision of 40 CFR part 124, parts 260 through 266, or part 268, 270, 273, or 279, as adopted by reference by K.A.R. 28-31-124 through 28-31-279, the following substitutions shall be made unless other…

Substitution of state terms for federal terms; engineer, environmental appeals board, EPA. When used in any provi- sion of 40 CFR part 124, parts 260 through 266, or part 268, 270, 273, or 279, as adopted by ref- erence by K.A.R. 28-31-124 through 28-31-279, the following substit…

Substitution of state terms for federal terms; federal register. When used in any provision of 40 CFR part 124, parts 260 through 266, or part 268, 270, 273, or 279, as adoptedbyreferencebyK.A.R.28-31-124through 28-31-279, the substitutions specified in this reg- ulation shall be…

Substitution of state terms for federal terms; part B, permitting agen- cy or authority. When used in any provision of 40 CFR part 124, parts 260 through 266, or part 268, 270, 273, or 279, as adopted by reference by K.A.R. 28-31-124 through 28-31-279, the follow- ing substitutio…

Substitution of state terms for federal terms; qualified geologist, quali- fied soil scientist. When used in any provision of 40 CFR part 124, parts 260 through 266, or part 268, 270, 273, or 279, as adopted by reference by K.A.R. 28-31-124 through 28-31-279, the follow- ing subs…

Substitution of state terms for federal terms; RCRA. When used in any provision of 40 CFR part 124, parts 260 through 266, or part 268, 270, 273, or 279, as adopted by reference by K.A.R. 28-31-124 through 28-31- 279, the following substitutions shall be made unless otherwise spe…

Substitution of state terms for federal terms; state. When used in any pro- vision of 40 CFR part 124, parts 260 through 266, or part 268, 270, 273, or 279, as adopted by ref- erence by K.A.R. 28-31-124 through 28-31-279, the following substitutions shall be made unless otherwise…

Off-site hazardous waste treatment fees.(a)Eachoff-sitehazardouswaste treatment facility shall pay fees proportionate to the quantity of hazardous waste treated, subject to the caps set forth in K.S.A. 65-3431, and amend- ments thereto. These fees shall be based upon the followin…

(Authorized by and implementing K.S.A. 65-3431; effective, E-82-20, Nov. 4, 1981; effective May 1, 1982; amended, T-85-42, Dec. 19, 1984; amended May 1, 1985; amended April 25, 1994; revoked Sept. 20, 2002.) 659 Hazardous Waste Management Standards and Regulations 28-31-13

Inspections. (a) Upon presen- tation of credentials and stating the purpose of the visit, the following actions may be performed during the regular business hours of the facility by the secretary or the secretary’s designee: (1) Entering any factory, plant, construction site, haz…

Procedures for permitting; adoption and modification of federal regu- lations. (a) Adoption. The provisions of 40 CFR 124.11 through 124.17 and 40 CFR part 124, sub- parts B and G, as in effect on July 1, 2006, are hereby adopted by reference subject to the fol- lowing: (1) The s…

Procedures for permitting; application for a permit. Each reference in this regulation to 40 CFR part 270 shall mean 40 CFR part 270 as adopted by reference in K.A.R.

Procedures for permitting; modification, revocation and reissuance, or termination of permits. Each reference in this regulation to a federal regulation shall mean that federal regulation as adopted by reference in K.A.R. 28-31-124 through 28-31-279. (a) Reasons for modification,…

Procedures for permitting; draft permits. Each reference in this regula- tion to a federal regulation shall mean that fed- eral regulation as adopted by reference in K.A.R. 28-31-124 through 28-31-279. (a) Each permit application shall be reviewed by the secretary to determine co…

(3) Public notice shall be given as specified in K.A.R. 28-31-124e. (4) The draft permit shall be made available for public comment as specified in 40 CFR 124.11. (5) Notice of opportunity for a public hearing shall be given as specified in 40 CFR 124.12. (d) A final decision to …