Kansas Administrative Code

Closure of class V motor ve- hicle waste disposal wells (MVWDW) and large-capacity cesspools. (a) The following doc- uments are hereby adopted by reference: (1) The following federal regulations as in effect on July 1, 2005: (A) 40 CFR 144.12(a); (B) 40 CFR 144.89; and (C) 40 CFR…

State inspection and right of entry. Each well owner or operator shall allow an authorized representative of the secretary access to the well facility for the purpose of determin- ing compliance with these regulations. (Autho- rized by K.S.A. 2009 Supp. 55-1,117 and 65-171d; impl…

Waiver of requirements by secretary. 40 CFR 144.16, as in effect on April 1, 1993, is adopted by reference. (Authorized by and implementing K.S.A. 1984 Supp. 65-171d; ef- fective May 1, 1982; amended, T-83-49, Dec. 22, 1982; amended May 1, 1983; amended, T-86-47, Dec. 19, 1985; a…

(Authorized by and implement- ing K.S.A. 1984 Supp. 65-171d; effective May 1, 1982; amended, T-83-49, Dec. 22, 1982; amended May 1, 1983; amended, T-86-47, Dec. 19, 1985; amended May 1, 1986; revoked March 21, 1994.)

Inventory and assessment of class V injection wells. 40 CFR 144.83(a)(1) and (a)(2)(i), as in effect on July 1, 2005, is adopted by 1029 Underground Injection Control Regulations 28-46-45 reference. Each well owner or well operator shall submit the required inventory information …

(Authorized by and implement- ing K.S.A. 1984 Supp. 65-171d; effective May 1, 1982; amended, T-83-49, Dec. 22, 1982; amended May 1, 1983; amended, T-86-47, Dec. 19, 1985; amended May 1, 1986; revoked March 21, 1994.)

Injection of hazardous or radio- active wastes into or above an underground source of drinking water. The injection of haz- ardous or radioactive wastes into or above an un- derground source of drinking water shall be pro- hibited. (Authorized by and implementing K.S.A. 2009 Supp…

Exempted aquifers. (a) An aqui- fer may be designated by the secretary as exempt from protection as an underground source of drinking water. Criteria for exemption may in- clude whether the aquifer meets one of the fol- lowing conditions: (1) Contains water with more than 10,000 …

Sharing of information. 40 CFR 145.14, as in effect on July 1, 2008, is adopted by reference. (Authorized by K.S.A. 2009 Supp. 55- 1,117 and 65-171d; implementing K.S.A. 2009 Supp. 55-1,117 and 65-170g; effective May 1, 1982; amended, T-83-49, Dec. 22, 1982; amended May 1, 1983; …

Exclusion of oil and gas relat- ed wells. The following class II injection wells shall be exempted from the provisions in article 46 of these regulations: (a) any well which injects fluids brought to the surface in connection with the conventional pro- duction of oil or gas; (b) …

Analyses to be performed by laboratory certified by the secretary. If a sample analysis is required by the secretary for the purposes of any permit or application for a permit under these regulations, the analysis shall be performed by a laboratory which has been certified and ap…

Sampling and analysis tech- niques. (a) Sampling and analysis shall be per- formed in accordance with the techniques spec- ified in 40 CFR part 136 and the appendices, as in effect on July 1, 2008, which are adopted by reference. (b) If 40 CFR part 136 does not contain sam- pling…

Salt solution mining well oper- ations; fees. (a) Each permittee shall submit an annual permit fee of $12,000 per facility and $175 per unplugged salt solution mining well to the de- partment on or before April 1 of each year. (b) Payment shall be made to the “Kansas de- partment…

Application for injection well permits. (a) 40 CFR 124.3, except (d), and 40 CFR 144.31, except (c)(1), as in effect on July 1, 2008, are adopted by reference. In addition, the provisions of K.S.A. 65-3437, and amendments thereto, that relate to hazardous waste injection wells sh…

Conditions applicable to all permits. 40 CFR 144.51(a) through (p), as in effect on July 1, 2008, are adopted by reference. (Authorized by and implementing K.S.A. 2009 Supp. 55-1,117 and 65-171d; effective May 1, 1982; amended, T-83-49, Dec. 22, 1982; amended May 1, 1983; amended…

Draft permits. (a) Once an appli- cation is complete, a draft permit shall be issued by the secretary. (b) Each draft permit issued after the secre- tary’s decision to issue a permit shall contain the following information: (1) All conditions under 40 CFR 144.51(a) through (p); (…

Fact sheets. 40 CFR 124.8, ex- cept (b)(9), as in effect on July 1, 2008, is adopted by reference. (Authorized by and implementing K.S.A. 2009 Supp. 55-1,117 and 65-171d; effec- tive May 1, 1982; amended, T-83-49, Dec. 22, 1982; amended May 1, 1983; amended, T-86-47, Dec. 19, 198…

Establishing permit conditions. 40 CFR 144.52, except for references to 40 CFR 144.4,40CFR144.36,andpart145,asineffecton July 1, 2008, is adopted by reference. (Authorized by and implementing K.S.A. 2009 Supp. 55-1,117 and 65-171d; effective May 1, 1982; amended, T-83-49, Dec. 22…

Scope. This article regulates the spreading of salt water, originating from the pro- duction of oil and gas, in road construction and maintenance projects. (Authorized by and im- plementing K.S.A 1982 Supp. 55-904; effective, T-83-50, Dec. 22, 1982; effective May 1, 1983.)

Definitions. (a) “Person” means any state, county, township or municipal govern- ing body, and any individual, firm, corporation, partnership, or other association of persons. (b) “Road” means any highway, county road, township road, or oil or gas company lease road, or anyprivat…

Request for the use of salt wa- ter in road construction or maintenance. Any person desiring to use salt water, brought to the surface during the production of oil and gas, for purposes of road maintenance or road con- struction shall submit a request for the approval of such act…

Plan for use of salt water. A plan shall be submitted to the department prior to using salt water for road maintenance or road construction. The department shall, in writing, approve, deny or require any modification the de- partment deems necessary in order to assure that the ma…

Notification to department. Any authorized person spreading salt water in connec- tion with road construction or maintenance shall notify the department, in writing, when any of the following situations arise: (a) The person ceases to use salt water in maintaining any or all of t…

Discontinuance of salt water spreading. The secretary may order the discon- tinuance of salt water spreading if: (a) A violation of the provisions of K.A.R. 28-47- 5 occurs; or (b) the potential exists for water pollution, due to conditions which were not apparent at the time the…

Waiver of specific require- ments. The secretary may grant an exception to a requirement provided in these regulations if a person desiring a waiver can show good cause for the granting of such an exception, and the person presents an alternative to the requirements which will in…

Definitions. The following words and phrases when used in these regulations, have the meanings respectively ascribed to them in this section. (a) “Owner” means individual, partnership, firm, trust, company, association, corporation, in- stitution, political subdivision or agency …

Action required. All sewage, sub- stances, materials, or wastes, as set forth in 65- 171d, regardless of phase or physical state, which are, or threaten to contaminate or alter any of the properties of the waters of the state or pollute the soil in a detrimental, harmful, or inju…

(Authorized by K.S.A. 65-171d; ef- fective Jan. 1, 1966; revoked, E-72-11, March 17, 1972; revoked Jan. 1, 1973.)

Location of wastewater disposal systems. No person, company, corporation, as- sociation, or institution shall construct, maintain, use,orpermittobeconstructedormaintainedany wastewater disposal system into which domestic wastewater is drained, within 50 feet of any water well or …

Drains. All drains carrying domestic sewage, human or animal excreta located within 50 feet of a source of water supply shall be wa- tertight. (Authorized by K.S.A. 65-171d; effective Jan. 1, 1966.)

Public health nuisances. The fol- lowing conditions and practices are declared to be public nuisances hazardous to public health 244 DEPARTMENT OF HEALTH AND ENVIRONMENT 28-5-5 and local boards of health are directed to order their abatement whenever they are called to their atte…

Discharge of domestic sewage into wells, pits, or subsurface excavations prohibited. No person, company, corporation or institution shall excavate, drill, construct or use or permit to be constructed or used any well, pit, mine shaft, or subsurface excavation for the disposal of …

Discharge of domestic wastes. All domestic wastes from sanitary fixtures located in any dwelling, shop, school, or other building used as a home or meeting place for humans shall be discharged into a public sewer system approved by the Kansas department of health and environ- men…

Private sewer systems. All private sewer systems shall be located, designed, and op- erated in accordance with standards set forth in county sanitary codes approved by the Kansas de- partment of health and environment before July 1, 1997, or in the absence of such codes, with sta…

(Authorized by K.S.A. 65-171d; ef- fective, E-72-11, March 17, 1972; effective Jan. 1, 1973; revoked May 10, 1996.)

Variance. (a)(1) In counties with no locally adopted sanitary code, a variance from re- quirements of K.A.R. 28-5-2 through K.A.R. 28- 5-7 may be granted by the Kansas department of health and environment, if the following condi- tions are met. (A) The features of the site for wh…

Definitions. As used in this arti- cle, the following terms have these definitions: (a) “Accredited asbestos worker” means a person who has fulfilled the training requirements and successfully completed the written examination 1032 DEPARTMENT OF HEALTH AND ENVIRONMENT 28-50-1 req…

Work practices for asbestos- encapsulation projects. (a) Use of encapsula- tion as a method of controlling asbestos fiber re- lease from friable asbestos-containing materials on structural items or equipment shall be subject to the following requirements: (1) Encapsulating materi…

(Authorized by and implementing K.S.A. 65-5303; effective, T-87-1, Jan. 6, 1986; ef- fective May 1, 1987; revoked Feb. 4, 1991.)

Work practices for asbestos related dismantling projects. (a) Structural or equipment items that are covered with friable asbestos containing materials and are intended to be moved without first removing the asbestos con- taining materials from the surfaces of them shall be handl…

Work practices for asbestos- related demolition projects. (a) The following requirements shall be met before a structure that contains structural items that are covered with fri- able asbestos-containing material is demolished: (1) The structural items shall be removed from the s…

After removal of the plastic wall and floor coverings, all surfaces in the work area shall be cleaned with a HEPA filter-equipped vacuum- 1043 Asbestos Control 28-50-9 ing device or by wet cleaning methods and shall be free of all visible debris. (11) After completing the require…

Business entity license. (a) A business entity shall not engage in an asbestos- removal project, an asbestos-encapsulation proj- ect, or an asbestos-related dismantling project un- less the secretary has issued, or renewed, a license authorizing the business entity to engage in t…

Public agency engaging in as- bestos projects. A state agency or political or taxing subdivision of the state that engages in an asbestos removal, an asbestos encapsulation proj- ect, or an asbestos related dismantling project using its own employees shall comply with all re- qui…

(Authorized by K.S.A. 65-5303; implementing K.S.A. 65-5302, 65-5308; effec- tive, T-87-1, Jan. 6, 1986; effective May 1, 1987; amended, T-88-54, Dec. 16, 1987; amended May 1, 1988; revoked Oct. 1, 1999.)

Asbestos worker certifica- tion. (a) A person shall not supervise or engage in an asbestos-removal project, an asbestos- encapsulation project, or an asbestos-related dis- mantling project unless that person has a valid class I or class II asbestos worker certificate that has bee…

Asbestos worker training course approval. (a) Any person, business entity, state agency, political or taxing subdivision of the state, or other entity may develop and present a class I or class II asbestos worker certification train- 1037 Asbestos Control 28-50-6 ing course that …

(Authorized by and implementing K.S.A. 65-5303; effective, T-87-1, Jan. 6, 1986; effective May 1, 1987; amended, T-88-54, Dec. 16, 1987; amended May 1, 1988; amended Feb. 4, 1991; revoked Oct. 1, 1999.)

Asbestos project notification requirements. (a)(1) Each licensee, state agen- cy, or political or taxing subdivision of the state that proposes to use its own employees to en- gage in an asbestos-removal project, an asbestos- encapsulation project, an asbestos-related disman- tli…

Work practices for asbestos- removal projects in occupied spaces. (a) Each asbestos-removal project that involves the remov- al of friable asbestos-containing materials from a structural item or equipment that is located in any area that can be expected to subsequently be reoccup…