Kansas Administrative Code

Procedures for permitting; public notice of permit actions and public comment period. Public notices shall be given by the department according to the following criteria: (a) A public notice shall be given if one or more of the following actions have occurred: (1) A permit applic…

Variances. (a) Application. Any person may apply for a variance from one or more specific provisions of these regulations according to the following criteria: (1) An application for a variance may be sub- mitted for any provision that is determined by the U.S. environmental prote…

(Authorized by and implementing K.S.A. 2001 Supp. 65-3431; effective May 1, 1988; amended Feb. 5, 1990; amended April 25, 1994; amended June 4, 1999; amended Sept. 20, 2002; revoked April 29, 2011.)

(Authorized by and implement- ing K.S.A. 2001 Supp. 65-3431; effective June 4, 1999; amended Sept. 20, 2002; revoked April 29, 2011.)

(Authorized by and implement- ing K.S.A. 2001 Supp. 65-3431; effective June 4, 1999; amended Sept. 20, 2002; revoked April 29, 2011.)

(Authorized by and implementing K.S.A. 2001 Supp. 65-3431; effective, E-82-20, Nov. 4, 1981; effective May 1, 1982; amended, T-84-5, Feb. 10, 1983; amended May 1, 1984; amended, T-85-42, Dec. 19, 1984; amended May 1, 1985; amended, T-86-32, Sept. 24, 1985; amended May 1, 1986; am…

General provisions and defi- nitions; adoption and modification of feder- al regulations. (a) Adoption. The provisions of 40 CFR part 260, as in effect on July 1, 2006, are hereby adopted by reference subject to the fol- lowing: (1) The substitution of terms listed in K.A.R. 28-3…

General provisions and definitions; additional state definitions. Each reference in this regulation to a federal regulation shall mean that federal regulation as adopted by referenceinK.A.R.28-31-124through28-31-279. (a) State definitions. The following definitions shall apply to…

General provisions and defi- nitions; adoption of technical documents. In any federal regulation adopted by reference in 672 DEPARTMENT OF HEALTH AND ENVIRONMENT 28-31-260b K.A.R. 28-31-260 through 28-31-279, each refer- encetoanyofthefollowingdocumentsshallmean that document as …

” (g) In K.A.R. 28-29-300(a)(5), “K.A.R. 28-31-4” shall be replaced with “K.A.R. 28-31-261.” (h) In K.A.R. 28-29-1100, the following modifi- cations shall be made: (1) In paragraph (b)(1), “K.A.R. 28-31-4 (b)” shall be replaced with “K.A.R. 28-31-261.” (2) In paragraph (b)(3), th…

Identification and listing of hazardous waste; additional state require- ments. Each conditionally exempt small quantity generator shall comply with K.A.R. 28-31-262a. (Authorized by and implementing K.S.A. 65- 3431; effective April 29, 2011.)

Generators of hazardous waste; adoption and modification of federal regulations. (a) Adoption. The provisions of 40 CFR part 262, including the appendix, as in effect on July 1, 2006, are hereby adopted by reference subject to the following: (1) The substitution of terms listed i…

Generators of hazardous waste; additional state requirements. 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) Transportation requirements. (1) Each generator that tran…

Transporters of hazardous waste; adoption and modification of feder- al regulations. (a) Adoption. The provisions of 40 CFR part 263, as in effect on July 1, 2006, are 676 DEPARTMENT OF HEALTH AND ENVIRONMENT 28-31-263a hereby adopted by reference subject to the fol- lowing: (1) …

Transporters of hazardous waste; additional state requirements. 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) Applicability. Each person that transports hazardous wa…

Hazardous waste treatment, storage, and disposal facilities; adoption and modification of federal regulations. (a) Adop- tion. The provisions of 40 CFR part 264, including appendices I, IV, V, VI, and IX, as in effect on July 1, 2006, are hereby adopted by reference subject to th…

Hazardous waste treatment, storage, and disposal facilities; additional state requirements. Each reference in this regu- lationtoafederalregulationshallmeanthatfederal regulation as adopted by reference in K.A.R. 28- 31-124 through 28-31-279. (a) Financial assurance. (1) For the …

Interim status hazardous waste treatment, storage, and disposal facil- ities; adoption and modification of federal regulations. (a) Adoption. The provisions of 40 CFR part 265, including appendices I and III, IV, V, and VI, as in effect on July 1, 2006, are hereby adopted by refe…

Interim status hazardous waste treatment, storage, and disposal fa- cilities; additional state requirements. Each owner or operator of an interim status hazardous waste treatment, storage, or disposal facility shall comply with K.A.R. 28-31-264a. (Authorized by K.S.A. 65-3431; im…

Specific hazardous wastes and specific types of hazardous waste manage- ment facilities; adoption and modification of federal regulations. (a) Adoption. The pro- visions of 40 CFR part 266, including appendices I through IX and XI through XIII, as in effect on July 1, 2006, are h…

Hazardous waste facilities op- erating under a standardized permit; adop- tion and modification of federal regulations. (a) Adoption. The provisions of 40 CFR part 267, as in effect on July 1, 2006, are hereby adopted by reference subject to the following: (1) The substitution of…

Hazardous waste facilities operating under a standardized permit; ad- ditional state requirements. Each owner or operator of hazardous waste management facility that has been issued a standardized permit shall 683 Hazardous Waste Management Standards and Regulations 28-31-270 com…

Land disposal restrictions; adoption and modification of federal reg- ulations. (a) Adoption. The provisions of 40 CFR part 268, including appendices III, IV, VI through VIII, and XI, as in effect on July 1, 2006, are hereby adopted by reference subject to the following: (1) The …

(a) Each person that is required to have a Kansas hazardous waste facility permit, as specified in 40 CFR part 270, K.S.A. 65-3433 and amendments thereto, or K.S.A. 65-3437 and amendments thereto, shall submit a completed, signed application to the department. (b) Before submitti…

Hazardous waste permits; petition to be granted an exception to the prohibition against underground burial of hazardous waste. This regulation shall apply to each person that wants to apply for a permit for 685 Hazardous Waste Management Standards and Regulations 28-31-270a the u…

Universal waste; adoption and modification of federal regulations. (a) Adoption. The provisions of 40 CFR part 273, as in effect on July 1, 2006, are hereby adopted by reference subject to the following: (1) The substitution of terms listed in K.A.R. 28-31-100 through 28-31-100s;…

(a) Fee requirement. Each of the fol- lowing persons shall pay an annual monitoring fee to the department according to the requirements of subsections (b) through (e): (1)Eachowneroroperatorofahazardouswaste treatment, storage, or disposal facility; (2) each hazardous waste trans…

Usedoil;additionalstatepro- hibitions and requirements. (a) Prohibitions. (1) No person shall dispose of used oil on or into any of the following: (A) Sewers; (B) storm drainage systems; (C) surface water; (D) groundwater; or (E) the ground. (2) No person shall apply used oil as …

(Authorized by and implementing K.S.A. 2001 Supp. 65-3431; effective, E-82-20, Nov. 4, 1981; effective May 1, 1982; amended, T-84-5, Feb. 10, 1983; amended May 1, 1984; amended, T-85-42, Dec. 19, 1984; amended May 1, 1985; amended, T-86-32, Sept. 24, 1985; amended May 1, 1986; am…

EPA identification numbers; no- tification requirement for hazardous waste, universal waste, and used oil activities. Each reference in this regulation to a federal regulation shall mean that federal regulation as adopted by referenceinK.A.R.28-31-124through28-31-279. (a) Each pe…

(Authorized by and implementing K.S.A. 65-3431 and K.S.A. 65-3458; effective, E-82-20, Nov. 4, 1981; effective May 1, 1982; amended, T-86-6, March 22, 1985; amended, T-86-32, Sept. 24, 1985; amended, May 1, 1986; amended May 1, 1987; amended Feb. 5, 1990; amended April 25, 1994; …

Registration and insurance re- quirements for transporters of hazardous waste and used oil. Each reference in this regu- lation 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) Applicability. This regu…

(Authorized by and implementing K.S.A. 1984 Supp. 65-3431; effective, E-82-20, Nov. 4, 1981; effective May 1, 1982; amended, T-85-42, Dec. 19, 1984; amended May 1, 1985; revoked April 29, 2011.)

(Authorized by and implementing K.S.A. 2001 Supp. 65-3431; effective, E-82-20, Nov. 4, 1981; effective May 1, 1982; amended, T-84-5, Feb. 10, 1983; amended May 1, 1984; amended, T-86-32, Sept. 24, 1985; amended May 1, 1986; amended May 1, 1987; amended May 1, 1988; amended Feb. 5…

(Authorized by and implementing K.S.A. 65-3431, as amended by L. 1987, Ch. 295, Sec. 6; effective, T-85-42, Dec. 19, 1984; effec- tive May 1, 1985; amended May 1, 1987; amend- ed May 1, 1988; amended Feb. 5, 1990; revoked April 6, 1992.)

(Authorized by and implement- ing K.S.A. 2001 Supp. 65-3431; effective Feb. 5, 1990; amended April 25, 1994; amended June 4, 1999; amended Sept. 20, 2002; revoked April 29, 2011.)

(Authorized by and implementing K.S.A. 2001 Supp. 65-3431; effective, E-82-20, Nov. 4, 1981; effective May 1, 1982; amended, T-84-5, Feb. 10, 1983; amended May 1, 1984; amended, T-86-32, Sept. 24, 1985; amended May 1, 1986; amended May 1, 1987; amended May 1, 1988; amended Feb. 5…

Operator certification. (a) Ap- plication. Each individual seeking certification shall submit an application for operator certifica- tion through that individual’s certified agency on forms provided by the department. Each appli- cant shall be a duly appointed Kansas law enforce-…

EBAT device certification. (a) Application. Each agency custodian seeking EBAT device certification shall submit an appli- cation on forms provided by the department for certification of each EBAT device that the certi- fied agency intends to use in the certified agency’s EBAT pr…

Certified operator instruction and continuing education requirements. (a) Agency personnel may be trained to administer evidential breath alcohol tests by any of the fol- lowing entities: (1) The department; (2) a certified agency; (3) a college or university; or (4) a law enforc…

Records. (a)(1) Each agency cus- todian or the agency custodian’s designee shall maintain the following records on file at the certi- fied agency’s office for at least three years: (A) Records of each current certified operator; (B) records showing that a quality control check wa…

Preliminary breath-screening test devices. (a) Each preliminary breath- screening test conducted shall be performed on a preliminary breath-screening test device ap- proved by the secretary. The devices approved for use as preliminary breath-screening test de- vices in Kansas sha…

Definitions. The following terms and abbreviations as used in this article shall have the following meanings, unless the context re- quires otherwise. (a) “Agency” means any law enforcement agen- cy under whose authority evidential breath alco- hol tests are performed. (b) “Agenc…

Agency certification. (a) Applica- tion. Each agency head seeking agency certifica- tion shall submit an application for agency certifi- cation on forms provided by the department. (b) Certification requirements. Each agency for which certification is sought shall demonstrate to …

(Authorized by and implement- ing K.S.A. 1986 Supp. 65-1,107; effective Jan. 1, 1966; amended May 1, 1976; amended May 1, 1988; revoked May 3, 1996.) 28-33-2 to 28-33-6. (Authorized by K.S.A. 1975 Supp. 65-1,107; effective Jan. 1, 1966; amended May 1, 1976; revoked May 1, 1988.)

(Authorized by K.S.A. 1975 Supp. 65-1,107; effective May 1, 1976; revoked May 1, 1988.)

(Authorized by and implement- ing K.S.A. 1989 Supp. 65-1,107, as amended by L. 1990, Ch. 215, Sec. 1 and K.S.A. 1989 Supp. 65-6002, as amended by L. 1990, Ch. 234, sec. 2; effective Oct. 2, 1989; amended Feb. 4, 1991; re- voked May 3, 1996.)

General provisions. (a) Defini- tions. (1) “Department” means the department of health and environment. (2) “Division” means the division of Kansas health and environmental laboratory. (3) “Laboratory director” means the person responsible for the professional, administrative, or…

(Authorized by K.S.A. 1975 Supp. 65-1,107; effective Jan. 1, 1966; revoked May 1, 1988.) 28-33-8 to 28-33-9. (Authorized by K.S.A. 1975 Supp. 65-1,107; effective Jan. 1, 1966; amended May 1, 1976; revoked May 1, 1988.)

(Authorized by K.S.A. 65-431; ef- fective Jan. 1, 1969; revoked June 28, 1993.)