Kansas Administrative Code

Removal of dry-cleaning sol- vents and dry-cleaning wastes from closed fa- cilities. Each owner or operator of a dry-cleaning facility which has ceased operation for 45 contin- uous days shall remove all dry-cleaning solvents and dry-cleaning wastes from the dry-cleaning fa- cili…

Application for ranking of con- taminated dry-cleaning site. Any contami- nated dry-cleaning site may be ranked by the department to establish priorities for fund ex- penditures based on information the department has at the department’s disposal, information contained in an appl…

Deductible payment. On initia- tion of corrective action by the department at a contaminateddry-cleaningsite,theapplicantshall pay to the department the applicable deductible, minus the reasonable, direct costs incurred by the applicant to collect the application information as s…

Reimbursement of corrective action costs. (a) Reimbursement. Any applicant may request reimbursement from the fund for the applicant’s corrective action costs, minus the de- ductible set forth in K.S.A. 1995 Supp. 65-34,148, subsection (i), for work performed at a contami- nated …

Prioritization of fund expendi- ture. Each work item approved by the depart- ment for contaminated dry-cleaning sites shall be prioritized to ensure that money from the fund is available for essential corrective action tasks. (a) Priority shall be given to contaminated dry-cleani…

Determining completion of cor- rective action. A determination of the level at which corrective action shall be considered com- plete shall be made by the department using the following criteria. (a) The factors used in prioritizing fund expen- diture as set forth in K.S.A. 1995 …

Definitions. (a) “Adult care home” has the meaning specified in K.S.A. 39-923, and amendments thereto. (b) “Cancer registry director” means the person at the university of Kansas medical center, depart- ment of preventive medicine and public health, who is authorized by the secre…

Reporting requirements. (a)(1) Each administrator of a hospital, an ambulatory surgery center, a radiology oncology center, or a pathology laboratory shall, within six months of the date of diagnosis, report to the registry each case of cancer diagnosed or treated, unless ex- emp…

Use and access. (a) For purposes of ascertaining the accuracy and completeness of cancer data, the medical diagnosis of each person cared for by any health care provider or licensee specified in K.A.R. 28-70-2(a) or (b) by any hos- pice or adult care home and the medical or ad- m…

Confidential data for follow-up patient studies. (a) For the purposes of this reg- ulation, the following definitions shall apply: (1) “Institutional review board” means an insti- tutional review board established and conducted pursuant to 45 CFR 46.101 through CFR 46.117, as rev…

Definitions. In addition to the terms defined in K.S.A. 65-34,162 and amend- ments thereto, each of the following terms, as used in this article of the department’s regulations, shall have the meaning specified in this regulation: (a) “Anthropogenic levels” means concentra- tions…

“No further action” determi- nation. (a) For the purposes of the regulations in this article of the department’s regulations, the term “no further action” determination shall mean that the secretary has determined, pursu- ant to K.S.A. 65-34,161 et seq. and amendments thereto, th…

Remedial standards and reme- dial actions. (a) All remedial alternatives per- formed by the voluntary party and approved by the secretary shall attain a degree of cleanup, con- trol, or both, of contaminants that ensures protec- tion of human health and the environment. (b) All r…

Public notification and partici- pation. (a) The public shall have the opportunity during the public comment period to submit to the department written comments regarding the cleanup plan. (b) The voluntary party or a member of the public may request a meeting following the 15- d…

Applicant. Each applicant shall in- clude a person that has title, control, or access to the property described in the application and is one of the following: (a) A person who owns the property; (b) a person who operates a facility located on the property; (c) a person who previ…

Eligibility determination.(a)The property described in the application shall con- tain an actual, threatened, or suspected release of a contaminant or be impacted or threatened by contaminants from an off-property source. (b) Properties that may be eligible for applica- tion to V…

Application process. (a) Each ap- plicant shall submit to the department a complete application consisting of the following: (1) An application form provided by the depart- ment; (2) a nonrefundable application fee of $200.00; and (3) all documentation that supports the appli- ca…

Classification determination. (a) Each applicant shall include the following docu- mentation for consideration by the secretary in determining placement of the property described in the application into one of two contamination classes, as defined in K.A.R. 28-71-1: (1) The appli…

Voluntary agreement. (a) Upon the secretary’s approval of the application for the voluntary cleanup and property redevelopment program, the voluntary party shall enter into a voluntary agreement with the secretary. The vol- untary agreement shall be developed by the de- partment …

Initial deposit and reimburse- ment. (a) The initial deposit made by the volun- tary party shall be based on the contamination classification of the property described in the ap- plication. The voluntary party shall submit quar- terly payments upon billing for direct and indirect…

Environmental site assessments. (a) Each environmental site assessment shall be prepared by an individual who possesses the edu- cation, experience, or licensure sufficient to pre- pare a competent environmental site assessment. (b) Each environmental site assessment shall includ…

Voluntary cleanup work plans and reports. (a) Upon signature of the voluntary agreement by the voluntary party and the secre- tary, the voluntary party shall submit each envi- ronmental site assessment, investigation report, or both, for review by the department to determine whet…

(Authorized by and implementing K.S.A. 2001 Supp. 65-1,202; effective, T-28-9-13- 99, Sept. 13, 1999; effective Jan. 7, 2000; amend- ed Dec. 6, 2002; revoked April 9, 2010.)

Application process and licen- sure renewal requirements for lead activity firms. (a) Application for a lead activity firm li- cense. (1)Eachapplicantforaleadactivityfirmlicense shall submit a completed application to KDHE for consideration for license issuance. (2) The applicati…

Application process and li- censure renewal requirements for renova- tion firms. (a) Application for a renovation firm license. (1) Each applicant for a renovation firm license shall submit a completed application to KDHE for consideration for license issuance. (2) The applicatio…

Renewal of lead occupation certificates. (a) Renewal application for lead in- spector, risk assessor, elevated blood lead level in- vestigator, lead abatement supervisor, lead abate- ment worker, renovator, and project designer. (1) If a certified individual wishes to renew a lea…

Application process and re- quirements for reapplication after certificate expiration. (a) Unless renewed or revoked soon- er, each certificate shall expire two years after its effective date indicated on the current certificate. If a certified individual allows the certificate t…

Work practice standards; gen- eral standards. (a) Except as provided in K.S.A. 65-1,203 and amendments thereto, all lead-based paint activities, as defined in the act, shall be per- formed pursuant to the work practice standards in this article. (b) Except as provided in K.S.A. 6…

Work practice standards; in- spection. (a) Except as provided in K.S.A. 65- 1,203 and amendments thereto, a lead inspection or any portion of a lead inspection shall be con- ducted only by a lead inspector or risk assessor, and all inspections shall be conducted according to the …

Work practice standards; lead hazard screen. (a) Except as provided in K.S.A. 65-1,203 and amendments thereto, a lead hazard screen shall be conducted only by a risk assessor. (b) If a lead hazard screen is conducted, the risk assessor shall conduct each lead hazard screen as fol…

Work practice standards; risk assessment. (a) Except as provided by K.S.A. 65- 1,203 and amendments thereto, a risk assessment shall be conducted only by a person certified by KDHE, according to K.A.R. 28-72-2 and K.A.R. 28-72-6 through K.A.R. 28-72-12 as a risk asses- sor. If a …

Work practice standards; ele- vated blood lead level investigation risk as- sessments. (a) In order to perform an elevated blood lead (EBL) level investigation risk assess- ment, the EBL inspector shall have a certificate from KDHE. (b) The EBL inspector shall have the parents or…

Work practice standards; lead abatement. (a) Except as provided in K.S.A. 65- 1,203 and amendments thereto, a lead abatement shall be conducted only by an individual certified by KDHE and shall be conducted according to the procedures specified in this article. (b) A lead abateme…

Work practice standards; lead abatement: replacement. When conducting a lead abatement project using the replacement strategy, the certified lead professional or licensed firm shall meet the following minimum require- ments: (a) The site shall be prepared by first es- tablishing …

Work practice standards; lead abatement: enclosure. When conducting a lead abatement project using the enclosure strategy, the certified lead professional shall meet the fol- lowing minimum requirements: (a) The site shall be prepared by first establishing a regulated area using …

Work practice standards; lead abatement: encapsulation. (a) The encapsula- tion strategy of lead abatement shall not be used on the following: (1) Friction surfaces, including window sashes and parting beads, door jambs and hinges, floors, and door thresholds; (2) deteriorated co…

Work practice standards; lead abatement: removal. (a) Removal strategies. Acceptable removal strategies shall include the following: (1) Manual wet strategies. Manual wet scraping or manual wet sanding shall be acceptable for the removal of lead surface coatings. (2) Mechanical r…

Work practice standards; postabatement clearance procedures. Ex- cept as provided in K.S.A. 65-1-203 and amend- ments thereto, the following postabatement or lead hazard control clearance procedures shall be performed only by a risk assessor: (a) Following lead abatement or requi…

Work practice standards; col- lection and laboratory analysis of samples. All paint chip, dust, and soil samples collected pursuant to the work practice standards contained in this article shall meet the following conditions: (a) Be collected by a lead inspector, risk asses- sor,…

Definitions. In addition to the definitions in K.S.A. 65-1,201 and amendments thereto, each of the following terms shall have the meaning assigned in this regulation: (a) “Abate- ment project reinspection fee” means the sum of money assessed to a KDHE-licensed lead activity firm …

Definitions. In addition to the definitions in K.S.A. 65-1,201 and amendments thereto, each of the following terms shall have the meaning assigned in this regulation: (a) “Certified lead professional” means a person who is certi- fied by the secretary as a lead inspector, elevate…

Definitions. In addition to the definitions in K.S.A. 65-1,201 and amendments thereto, each of the following terms shall have the meaning assigned in this regulation: (a) “Depart- ment” means the Kansas department of health and environment. (b) “Deteriorated paint” means paint th…

Definitions. In addition to the definitions in K.S.A. 65-1,201 and amendments thereto, each of the following terms shall have the meaning assigned in this regulation: (a) “Elevated blood lead level (EBL) child” and “EBL child” mean any child who has an excessive absorption of lea…

Definition. In addition to the definitions in K.S.A. 65-1,201 and amendments thereto, the following term shall have the mean- ing assigned in this regulation: “Guest instructor” means an individual who is designated by the training manager or principal instructor and who provides…

Definitions. In addition to the definitions in K.S.A. 65-1,201 and amendments thereto, each of the following terms shall have the meaning assigned in this regulation: (a) “Hands- on skills assessment” means an evaluation of the effectiveness of the hands-on training that tests th…

Definition. In addition to the definitions in K.S.A. 65-1,201 and amendments thereto, the following term shall have the mean- ing assigned in this regulation: “Interim controls” means a set of repair or maintenance activities designed to last less than 20 years that temporarily r…

Definition. In addition to the definitions in K.S.A. 65-1,201 and amendments thereto, the following term shall have the mean- ing assigned in this regulation: “KDHE” means the Kansas department of health and environment. (Authorized by and im- plementing K.S.A. 65-1,202; effectiv…

Definitions. In addition to the definitions in K.S.A. 65-1,201 and amendments thereto, each of the following terms shall have the meaning assigned in this regulation:(a) “Large- scale abatement project” means lead abatement for 10 or more residential dwellings or multifamily dwel…

Definition. In addition to the definitions in K.S.A. 65-1,201 and amendments thereto, the following term shall have the mean- ing assigned in this regulation: “Multifamily dwelling” means a structure that containsmorethanoneseparateresidentialdwell- ing unit used or occupied, or …

Definition. In addition to the definitions in K.S.A. 65-1,201 and amendments thereto, the following term shall have the mean- ing assigned in this regulation: “Nonprofit” means an entity that has been de- termined by the IRS to be not-for-profit as evi- denced by a “letter of det…