Proposed

State of Kansas

Coal Combustion Residuals

Part 256 Plan

8/24/2015
Table of Contents

Chapter 1 - Introduction...............................................................................................................1

Chapter 2 - Compliance with General Part 256 Plan Requirements............................................4

Chapter 3 - Implementation of the CCR Rule in Kansas.............................................................10

Appendix A - Referenced Bureau of Waste Management Statutes, Regulations, and Policies

Appendix B - Referenced Division of Water Resources Statutes and Regulations

Appendix C - Referenced Department of Administration Statutes
Chapter 1

Introduction

Background

In the early 1980s, Kansas and other states prepared state solid waste management plans in 

accordance with the requirements set forth in 40 CFR Part 256 – Guidelines for Development 

and Implementation of State Solid Waste Management Plans. These plans were primarily to 

ensure that states would move forward to eliminate open dumps and establish environmentally 

sound ways to dispose of all types of solid waste and reduce the volume of solid waste disposed 

of in landfills. While references to a Kansas plan have been identified, neither the U.S. 

Environmental Protection Agency (EPA) nor the Kansas Department of Health and Environment 

(KDHE) has a copy of that plan, nor a record that EPA approved of that plan.

On April 17, 2015, EPA published recently adopted regulations in 40 CFR Parts 257 and 261 

related to the “Disposal of Coal Combustion Residuals from Electric Utilities” (the CCR rule).

These new federal regulations are self-implementing and will go into effect regardless of state 

decisions to adopt and enforce the new requirements. Furthermore, EPA has stated in the 

preamble to this CCR rule that there is “no explicit mechanism for EPA to officially approve a 

state program.” Consequently, the standards set in the federal CCR rule will gradually become 

effective in states that may have their own solid waste regulations governing coal combustion 

facilities. Rather than have two separate sets of regulations applicable to these facilities, EPA is 

strongly encouraging states to adopt these new regulations. States may maintain or add additional 

requirements that are more stringent or broader in scope than the minimum standards set forth in 

the federal CCR rule.

EPA has determined that the best available tool to demonstrate that states are regulating coal 

combustion residuals (CCRs) in a manner consistent with the new CCR regulations is through 

the state solid waste management plans prepared in accordance with Part 256. Therefore, EPA is 

also encouraging states to revise those plans, if available, or if not available, prepare a plan to

address the basic requirements of Part 256 with emphasis placed on how the state regulatory 

program will enforce all aspects of the CCR rule and any additional state-specific requirements.

In the 1970s and then again in the early 1990s, Kansas significantly modified state laws to ensure 

that all of the requirements of Part 256 were thoroughly addressed and officially codified in 

statute. Following the passage of those laws, multiple implementing regulations were adopted by 

KDHE which established applicable permitting, operating, inspection, and enforcement 

programs. The state laws that fully address the Part 256 plan requirements also direct KDHE to 

prepare a state solid waste plan to address emerging issues and priorities including waste 

reduction, public participation, local government responsibilities in local planning, and the 

sustainability of waste management systems. The first such Kansas solid waste management plan 

was prepared in the mid-1990s and that plan has been updated every five years. The most recent 

state plan was adopted in 2010. A plan update is due in 2015; however, EPA’s recommendation

to update the Part 256 plan has impacted that schedule.

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Purpose and Scope of this State of Kansas Coal Combustion Residuals Part 256 Plan

Based upon the background information presented in the previous section and the combined 

interests of KDHE, the CCR-regulated community, elected government officials, and the public,

KDHE prepared this new solid waste management plan for review and approval by EPA. The 

plan demonstrates KDHE’s intent and approach to assess compliance with and enforce the CCR 

rule in Kansas. This plan also addresses the original requirements of Part 256 solid waste 

management plans by explaining how existing state laws and regulations have accomplished the 

35-year-old goals required in those plans. This plan cites existing KDHE laws, regulations, and 

permit conditions that authorize KDHE to assess compliance and enforcement related to all 

aspects of the CCR rule. In addition, it explains the state’s intention to adopt the specific CCR 

regulations by reference over the next 12 to 18 months to more directly address all requirements.

This plan will not thoroughly address all “sustainability” issues covered by the recent Kansas

solid waste management plan; however, since waste reduction and resource recovery is a part of 

the Part 256 planning scope, there will be some reference to state activities in this area. To 

distinguish this plan from the more modern sustainability-focused plan, this plan will be referred 

to as the “State of Kansas Coal Combustion Residuals Part 256 Plan” or “Part 256 CCR Plan.”

The sustainability-focused plan will be called the “State of Kansas Comprehensive Solid Waste 

Management Plan”; this plan can be found on the KDHE Bureau of Waste Management web site 

at www.kdheks.gov/waste/. 

The Part 256 CCR plan will cover no less than a five-year time period, which will be set to 

coincide with the timeframe covered in future updates of the State of Kansas Comprehensive 

Solid Waste Management Plan. KDHE will review both plans no less frequently than every three 

years to determine the need for revision and re-adoption.

Plan revisions, when necessary, will be a public process involving key stakeholders. The 

procedures will include a notice and public hearing, in accordance with the requirements of 40 

CFR 256.03 and 256.60.

Short-Term Plan to Implement a CCR Regulatory Program through Permits

Prior to receiving EPA approval of this new Part 256 CCR Plan and KDHE’s adoption of the 

specific CCR regulations, KDHE will enforce the CCR rule through existing permits held by 

each CCR-generating facility. Through meetings, site visits, and other correspondence that began 

in February of 2015, KDHE permit engineers, geologists, and scientists have assessed facility 

conditions and worked with facility representatives to identify facility upgrades, changes in 

operating practices, and/or changes to existing permits that are necessary to comply with the 

CCR rule. This collaborative effort will prepare facilities to be fully compliant as the new CCR 

regulatory deadlines arrive. It will also ensure that KDHE will have had an opportunity to 

provide important input to facilities prior to establishing official regulatory authority for all new 

requirements. These collaborative efforts will continue as this plan is reviewed and approved by 

EPA and as the regulation adoption process takes place through 2016.

Long-Term Plan to Adopt the CCR Regulations

KDHE is moving forward to adopt the federal CCR regulations by reference during late 2015 

through 2016. This adoption process will follow or run simultaneous to the EPA review and 

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approval process for this “State of Kansas Coal Combustion Residuals Part 256 Plan.” Other 

existing laws and regulations contain additional state requirements for CCR facilities that are 

broader in scope or more stringent than the minimum federal standards. The final adoption of 

the CCR regulations should not require updates to the facility permits or associated permit 

documents because all such requirements will be taken into consideration as permit documents 

are updated in 2015.

Page 3 of 18
Chapter 2

Compliance with General Part 256 Plan Requirements

History and Approach

The State of Kansas established a comprehensive solid waste regulatory program over multiple 

decades to thoroughly address the objectives of the state solid waste plan required by 40 CFR 

Part 256. State laws and implementing regulations accomplish all of the goals and requirements 

set forth in Part 256.

As explained in Chapter 1, Kansas prepared a plan in the early 1980s in response to the Part 256 

federal regulation, but a copy or record of that plan cannot be found by either KDHE or EPA.

Because state laws and regulations now address all aspects of the plan requirements, a new plan 

will not be prepared to address each section of Part 256 point by point. It would be of little value 

to prepare such a plan at this time because by definition, a plan establishes goals, objectives and 

strategies to accomplish things yet to be done.

With respect to the original Part 256 requirements, this Part 256 CCR Plan will explain how 

existing state laws achieve what the original plan would have set as goals and objectives. Some 

irrelevant parts of the original Part 256 requirements are not addressed, such as federal funding 

of state planning efforts. The focus of this assessment of state law as it relates to the Part 256 

planning requirements will be those areas identified in the preamble to the CCR rule published 

on April 17, 2015. These minimum requirements set forth by EPA for approval include:

1. Identification of the responsibilities of state, local, and regional authorities in the 

implementation of the plan and the means for coordinating regional planning and 

implementation;

2. Prohibition on the establishment of new open dumps and the requirement that all solid waste 

be utilized for resource recovery or disposed of in landfills meeting the minimum federal 

criteria;

3. Provision for the closing or upgrading of all existing open dumps; and

4. No prohibition on negotiating or entering into contracts for the supply of solid waste to 

resource recovery facilities.

In addition, this plan must address the state approach to enforcing the new federal CCR rule.

That enforcement strategy is provided in Chapter 3.

Kansas Solid Waste Laws and Regulations

In this chapter, the relevant state laws that accomplish the Part 256 goals and requirements are 

cited and briefly explained. Appendix A contains the cited laws. A detailed review of 

implementing regulations is not included because state laws adequately establish the system of 

solid waste planning, permitting, compliance assessment, and enforcement in Kansas. The 

implementing regulations provide further clarification and detail to help Kansans understand 

solid waste management requirements and establish a firm basis for KDHE compliance and 

enforcement decisions.

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Minimum Requirements of Part 256 Plan – § 256.01

This section addresses each of the four minimum plan requirements.

1. Identification of the responsibilities of state, local, and regional authorities in the 

implementation of the plan and the means for coordinating regional planning and 

implementation.

State policy recognizing the need for a thorough solid waste planning and regulatory program is 

set forth in Kansas Statutes Annotated (K.S.A.) 65-3401. This statement of policy includes 

support for the principles of resource conservation and recovery.

Numerous areas of state responsibility are addressed in K.S.A. 65-3406, which relates to the 

“duties and functions of the secretary.” This section of law establishes authority for the Secretary 

of KDHE to adopt rules and regulations with respect to many areas of solid waste management.

It addition, it directs KDHE to develop a state solid waste management plan and to assist 

counties and groups of counties to establish their own local or regional plans.

The state is also authorized by K.S.A. 65-3415 to administer a solid waste grant program to pay 

for part of the local or regional solid waste planning process. This grant program provided 

millions of dollars in aid to counties and regional planning groups in the 1990s to initially 

prepare plans.

K.S.A. 65-3405 establishes very detailed requirements for counties, designated cities, or regional 

groups of counties to prepare solid waste management plans. These requirements specify the 

need for local planning committees, local plan content, annual review and five-year update 

requirements, and local plan adoption procedures.

K.S.A 65-3410 gives cities and counties the authority to carry out solid waste management 

practices including the operation of facilities to process and dispose of solid waste. It also 

authorizes cities and counties to generate revenue to implement solid waste management plans 

by assessing fees on waste generators or residents in general.

2. Prohibition on the establishment of new open dumps and the requirement that all solid waste 

be utilized for resource recovery or disposed of in landfills meeting the minimum federal 

criteria.

K.S.A. 65-3402(j) defines open dumping as any disposal of solid waste in an area which is not 

permitted by KDHE. Permits for solid waste processing and disposal areas are granted by KDHE 

based upon a comprehensive set of laws set forth in K.S.A. 65-3407. K.S.A. 65-3409(a)(1) states 

that it is unlawful for any person to dispose of any solid waste by open dumping. In combination, 

these statutes prohibit the open dumping of solid waste in any unpermitted location. It is 

unlawful for solid waste to be delivered to any location that has not received a permit issued by 

KDHE. Permitted locations can be landfills or processors, including facilities designed to recover 

material and/or energy from solid waste.

Page 5 of 18
3. Provision for closing or upgrading of all existing open dumps.

The same statutory provisions listed in item 2, which require all solid waste to go to permitted 

solid waste processing or disposal facilities, serve as the basis for closing or upgrading all open 

dumps. The permitting laws of Kansas were initially established in the early 1970s. At that time, 

all old city dumps and industrial landfills were closed and/or gradually converted to permitted 

facilities. In 2015, there are no known operating open dumps. If an open dump is identified by 

KDHE, enforcement to close the facility will be initiated in accordance with K.S.A. 65-3409 and 

other statutes as appropriate. If any open dump has impacted, or threatens to impact, public 

health or the environment, KDHE can require appropriate corrective measures under the 

authority granted by K.S.A. 65-3411. Any new open dump that is identified is either cleaned up 

by the responsible party, cleaned up by the state in cooperation with local government, or closed 

in place with the approval of local government.

4. No prohibition on negotiating or entering into contracts for the supply of solid waste to 

resource recovery facilities.

In the early 1980s, in response to the original Part 256 requirements, Kansas passed laws to 

address the implementation of resource recovery operations in the state. Multiple statutes 

authorize local governments to become directly involved in providing resource recovery 

practices, to address ownership of collected waste, and to enter long-term contracts to recover 

energy and/or material from solid waste. The statutes that comprehensively address resource 

recovery include K.S.A. 65-3410, 65-3418, 65-3421, and 65-3423.

Other Part 256 Requirements

Kansas laws that specifically address other Part 256 plan requirements follow. If no state laws 

clearly address the requirements, the method that is followed by KDHE to satisfy those 

requirements is explained.

§ 256.02 - Scope of Part 256 Plans: The local county or regional planning process is 

comprehensively addressed by K.S.A. 65-3405 and implementing regulations. All local plans 

must address all solid waste types and all practices (transportation, processing, and disposal).

The local county/regional plans cover ten years and plans must be reviewed annually and 

thoroughly updated every five years. The state (KDHE) must report annually to the legislature 

regarding the status and adequacy of state laws and program revenue and make 

recommendations for changes to meet program needs.

§ 256.03 – Adoption and Revision of State Plan: K.S.A. 65-3406(a)(5) directs KDHE to develop 

a state solid waste management plan, but does not specify the administrative procedures to be 

followed to adopt that plan. The steps listed below describe the plan development and public 

participation processes leading to adoption of the Part 256 CCR Plan by the Secretary of KDHE:

• Notification of anticipated adoption or revision distributed via the KDHE Bureau of Waste 

Management newsletter or other means;

• Plan developed based upon federal requirements, state needs, and stakeholder input;

• Notice to adopt the plan posted on the KDHE web site and published in the Kansas Register;

Page 6 of 18
• Public comments received for at least 30 days following posting of the notice on the web site

and publication in the Kansas Register;

• Public hearing held at least 30 days after posting the notice on the web site and publication in 

the Kansas Register. The reduced notification requirement for this Part 256 CCR Plan was 

approved by EPA, in accordance with 40 CFR 25.5(b) and 256.60(c), in a letter to KDHE 

dated August 6, 2015;

• Responsiveness summary prepared, made available on web site, and sent to individuals who 

submit comments or request a copy. The responsiveness summary contains all comments 

received during the public comment period and hearing as well as KDHE’s response to 

comments;

• Plan finalized and adopted by the Secretary of KDHE.

• Adopted plan posted on KDHE web site.

Items noted above and other relevant information will be posted on the KDHE Bureau of Waste 

Management comprehensive solid and hazardous waste web site: www.kdheks.gov/waste/.

KDHE will issue press releases, if it is deemed appropriate, to solicit comments and/or announce 

the adoption of plans.

The plan will be reviewed every three years and revised and readopted when necessary.

§§ 256.10 and 256.11 – Responsibilities to Implement Solid Waste Plans Including Services 

Related to Solid and Hazardous Waste Management: Multiple state laws assign responsibilities 

related to implementation of waste management plans and compliance with relevant laws and 

regulations. K.S.A. 65-3405 assigns local solid waste planning responsibilities to counties or 

designated cities. Those plans must identify needed services and indicate whether local 

government or private sector businesses will provide those services. K.S.A. 65-3410 authorizes 

counties to raise revenue to implement local solid waste management plans. Solid waste facilities 

are prohibited from receiving regulated quantities of hazardous waste [K.S.A. 65-3402(a)]. This 

prohibition does not include household hazardous waste or conditionally exempt small quantity 

generator waste, which may be disposed of in municipal solid waste landfills and pass through a 

transfer station.

§§ 256.20 to 256.22 – State Regulatory and Enforcement Powers: The Kansas legislature has 

empowered KDHE to administer a comprehensive compliance and enforcement program 

beginning with the establishment of a broad list of unlawful acts [K.S.A. 65-3409], authorization 

to conduct compliance inspections [K.S.A. 65-3406 (a)(10)], authorization to issues permits and 

ensure compliance at all solid waste processing and disposal facilities [K.S.A. 65-3407], and 

authority to develop and enforce a broad range of very specific regulations related to many solid 

waste management practices [K.S.A. 65-3406]. As mentioned earlier in this chapter, these 

authorities include KDHE’s directive to close any identified open dumps and to administer 

permitting, inspection, and enforcement options to ensure that no waste is managed in open 

dumps.

§§ 256.30 and 256.31 – Encouragement of Resource Recovery Operations: As explained above 

under the fourth minimum requirement for a Part 256 Plan, Kansas state law establishes policies 

that encourage local governments to implement resource recovery practices including long-term 

contracts to process waste for reuse and recovery. In addition, the statutory statement of policy 

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encourages the wise use of waste as a resource [K.S.A. 65-3401(e)] and other laws facilitate the 

development of resource recovery projects and practices. For example, K.S.A. 65-3415 

authorizes KDHE to administer grant programs to assist local governments, non-profit 

organizations, and private businesses to start-up and enhance projects and programs related to 

recycling, composting, and household hazardous waste (HHW) collection. K.S.A. 65-

3415a(c)(9) authorizes KDHE to expend solid waste management funds collected primarily from 

a landfill tonnage fee to carry out public education and technical training on solid waste issues, 

particularly issues related to waste reduction and recovery. KDHE has utilized and will continue 

to use this spending authority, along with a statutory directive in K.S.A. 65-3406(a)(9), to carry 

out annual training in a statewide conference on recycling, composting, HHW, and energy 

recovery from waste. KDHE has also been statutorily directed to carry out research or studies 

related to solid waste management to enhance state practices including resource recovery 

[K.S.A. 65-3406(a)(7)]. This has included municipal solid waste compositions studies at 

landfills. Additional studies will periodically be carried out to assess the changing nature of the 

waste stream and the potential for improved waste recovery activities.

§§ 256.40 to 256.42 – Facility Planning: Kansas state law authorizes counties to plan for the 

types of solid waste facilities that are needed and that will be established to meet those needs, 

including both publicly and privately owned and operated facilities. The planning laws and 

authorities are specified in K.S.A. 65-3405. Local governments must also verify that any 

proposed solid waste processing or disposal facility is consistent with their local plan as part of 

the facility permit application process [K.S.A. 65-3407(m)]. The Kansas Legislature requires 

KDHE to perform an annual assessment of the state solid waste program including the adequacy 

of state funding to carry out the responsibilities set forth in state law. This reporting requirement 

is specified in K.S.A. 65-3415a(h). In 2013, a special assessment of statewide resources and 

recovery/waste reduction activities was required which involved: 1) the preparation of a written 

report submitted to the Legislature; and 2) a Legislative hearing on the adequacy of statewide 

practices [K.S.A. 65-3410b]. This report established an ongoing review process for KDHE to 

annually repeat the assessment of waste reduction adequacy.

§ 256.50 – Coordination with Other Programs: The Kansas solid waste program coordinates fully 

with the KDHE water and air programs. This coordination is specified in statute, regulation, and 

agency policy. Examples follow:

• It is unlawful to burn solid waste unless authorized under the Kansas Air Quality Act [K.S.A. 

65-3409(a)(4)].

• Any solid waste processing or disposal area that has a point source discharge must comply 

with a National Pollutant Discharge Elimination System (NPDES) permit issued pursuant to 

K.S.A. 65-164 et seq. (Kansas Water Law). This requirement is specified in Kansas 

Administrative Regulation (K.A.R.) 28-29-23(q).

KDHE coordinates with other agencies and regulatory programs regarding solid waste facility 

location, design, and operation issues including: wetlands and floodplains (U.S. Army Corps of 

Engineers), the Kansas historic preservation act (Kansas State Historical Society), landfill gas 

(KDHE Bureau of Air), storm water permitting (KDHE Bureau of Water), and zoning (local 

government planning agencies). Comments on every landfill permit are also sought from: the 

U.S. Fish and Wildlife Service; the Division of Water Resources within the Kansas Department 

Page 8 of 18
of Agriculture (KDA); the Kansas Department of Wildlife, Parks and Tourism; the Kansas 

Biological Survey; the Kansas Corporation Commission; the Kansas Geological Survey; the 

State Conservation Commission within the KDA Division of Conservation; and Kansas Water 

Office.

§§ 256.60 to 256.65 – Public Participation: Public participation related to this state plan was 

addressed above under § 256.03 on adoption and revision. KDHE maintains a list comprised of 

people who have been identified as potentially interested in solid waste issues (e.g. county 

commissioners) and individuals who have requested to be placed on the list. These people 

receive a newsletter which includes information on planned updates to solid waste management 

plans when appropriate. County commissions are required to hold public hearings regarding 

county/regional plans prior to new or updated plan adoption actions [K.S.A. 65-3405(d)]. 

The state public participation process related to all solid waste permit actions has been 

established in state regulations based upon the department’s general authority to adopt rules and 

regulations related to the entire permitting process [K.S.A. 65-3406(a)(12)]. Public participation 

in the state regulatory process is established in the Kansas Rules and Regulations Filing Act 

[K.S.A. 77-415 through 77-438]. Both of these are discussed in more detail in Chapter 3.

There is no routine public notification or participation as part of KDHE’s solid waste program 

compliance and enforcement procedures because facilities typically come into compliance within 

30 to 60 days. When illegal disposal at an open dump is identified, local government officials are 

involved in the removal or closure decisions, unless the waste is promptly removed by the 

responsible party. Compliance and enforcement information is available to the public under the 

Kansas Open Records Act.

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Chapter 3

Implementation of the CCR Rule in Kansas

Introduction

This chapter of the “State of Kansas Coal Combustion Residuals 256 Plan” addresses the solid 

waste management plan requirements of 40 CFR Part 256 with respect to the disposal of CCR 

from electric utilities. This chapter also describes how Kansas will implement and enforce the 

standards contained in 40 CFR 257 Subpart D – Standards for the Disposal of Coal Combustion 

Residuals in Landfills and Surface Impoundments.

State Legal Authority

As described in Chapter 2, Kansas has adequate legal authority to prohibit the establishment of 

new open dumps and to close or upgrade existing open dumps. K.S.A. 65-3409(a) prohibits the 

disposal of solid waste, including CCR, by “open dumping”, as defined in K.S.A. 65-3402(j); 

K.S.A. 65-3419 provides enforcement authority for any violation of K.S.A. 65-3409(a). Since 

surface impoundments temporarily store solid waste, they are classified as solid waste processing 

facilities and therefore are not considered open dumps.

State Regulatory Powers

Kansas currently has authority to enforce disposal and management standards for solid waste,

including CCR, which are equivalent to or more stringent than the requirements of 40 CFR 257.

K.S.A. 65-3406 authorizes and directs the Secretary of KDHE to: adopt solid waste management 

regulations and standards necessary to protect the public health and environment; issue permits 

and orders; and conduct inspections. 

K.S.A. 65-3407 states that, with some exceptions: “...no person shall construct, alter or operate a 

solid waste processing facility or a solid waste disposal area of a solid waste management 

system, except for clean rubble disposal sites, without first obtaining a permit from the 

secretary.” CCR landfills fall under the definition of a solid waste disposal area in K.S.A. 65-

3402(d) and CCR surface impoundments fall under the definition of a solid waste processing 

facility in K.S.A. 65-3402(c); both are subject to the permitting requirement.

K.A.R. 28-29-7(a), regarding conditions of permits, states that the secretary shall stipulate: 

“...special operating conditions, procedures, and changes necessary to comply with these and 

other state or federal laws and regulations.”

In addition, each permit in place for electric utilities that are managing CCR contains the 

following general condition:

This permit is subject to modification by the department at the time of any 

scheduled renewal or: (a) whenever the modification is needed to reflect changed 

state or federal rules, (b) to incorporate changes in the facility operations or 

closure plan, (c) to make other modifications proposed by the permittee and 

approved by the department, (d) whenever the department determines that 

modification is necessary to prevent or reduce actual or potential hazard(s) to the 

public health or safety, or pollution or contamination of the environment or, (e) 

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because of changed or unforeseen circumstances. The filing of a request by 

permittee for a permit modification, or the filing of a notice of anticipated 

noncompliance does not stay any permit condition. Approval from KDHE must 

be obtained prior to any modifications to the landfill design, operational and 

closure plans approved with this permit or any development of new cells not 

detailed in those plans. Any minor modifications approved by KDHE are 

incorporated by reference.

Therefore, until Kansas adopts 40 CFR 257 Subpart D by reference, the state can establish 

standards which are equivalent to or more stringent than the federal regulations through permit 

modifications.

Authority to inspect facilities and obtain records and samples is provided by K.S.A. 65-

3406(a)(10) and K.A.R. 28-29-16. Certain reporting requirements are established in K.A.R. 28-

29-23(f), which also allows KDHE to establish additional reporting requirements in permit 

conditions.

Administrative and judicial enforcement capabilities to ensure compliance, including 

enforcement of orders and permit conditions and imposition of penalties, are provided by K.S.A. 

65-3409 and 65-3419.

Kansas will clarify its authority to enforce CCR disposal standards by adopting 40 CFR 257

Subpart D by reference in 2016.

Status of Coal-Fired Power Plants in Kansas

Kansas currently has seven electric utilities that are managing CCR in one or more landfills 

(LFs) and/or surface impoundments (SIs):

Permit Owner - Facility County LF(s) SI(s)

413 Kansas City Board of Public Utilities – Nearman Creek Wyandotte Yes* Yes

210 Kansas City Board of Public Utilities – Quindaro** Wyandotte Yes No

420 Holcomb Common Facilities, LLC – Holcomb Station Finney Yes No

359 Westar Energy, Inc. – Jeffrey Energy Center Pottawatomie Yes Yes

337 Kansas City Power & Light Company – La Cygne Linn Yes Yes

847 Westar Energy, Inc. – Lawrence Energy Center Douglas Yes Yes

322 Westar Energy, Inc. – Tecumseh Energy Center Shawnee Yes Yes

* This landfill is inactive and it is anticipated that it will not be subject to the requirements of 40 CFR 

257 Subpart D.

** BPU-Quindaro has phased out coal combustion and is now using natural gas to produce electricity.

The facility has no surface impoundments and plans to cease disposal of CCR in the landfill before 

October 19, 2015. It is anticipated, therefore, that this facility will not be subject to the requirements of 

40 CFR 257 Subpart D.

Kansas has solid waste permits in place at all electric utilities in the state that are subject to the 

CCR rule. These permits primarily address the CCR landfills at each facility, but will be 

modified to include CCR surface impoundments, as necessary. Each solid waste permit contains:

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• General conditions

• A design plan

• An engineering report

• An operating plan

• A groundwater monitoring plan

• A sampling and analysis plan

• A closure plan

• A post-closure plan

• Evidence of financial assurance

Priority Facilities

Kansas has no priority facilities. No facilities have been identified as posing an exceptional risk 

to public health or the environment and all should be in compliance with 40 CFR Subpart D 

regulations by the relevant deadlines.

Compliance Schedules

Kansas does not anticipate that any facility will be classified as an “open dump” requiring a 

compliance schedule. However, if a facility requests an extension to any of the compliance dates 

in the CCR rule, Kansas will evaluate the request in accordance with federal guidelines including 

consideration of the following:

• Whether other disposal units can be used;

• Whether the facility has made a good faith effort to meet compliance deadlines;

• Whether there are factors beyond the facility’s control that have made it unable to meet the 

compliance deadlines;

• Documentation from the facility supporting their claims and/or the results of an independent 

investigation;

• The technical complexity of the requirements, the activities that remain to be completed, the 

reasons for the lack of compliance, and other site-specific factors such as geology, 

geography, weather, and engineering considerations.

Any approved compliance schedule would identify the specific activities that remain to be 

completed, along with clear and enforceable deadlines for each, and follow the public 

participation requirements of 40 CFR 256.64.

Short-Term Implementation of CCR Rule through Permits

The six coal-fired electric utilities in Kansas that will be subject to the 40 CFR 257 Subpart D 

regulations will modify their solid waste permits to address the new CCR rule. In general the 

modifications will address the following items, which have initial Subpart D deadlines in 2015 

and 2016:

• Documentation of whether existing CCR SIs are lined or unlined per 40 CFR 257.71

• Documentation of construction history, initial hazard potential classification assessment, 

initial structural stability assessment, and initial safety factor assessment for all existing SIs 

per 40 CFR 257.73

• Installation of a permanent identification marker at each SI per 40 CFR 257.73

• Preparation/update of the fugitive dust control plan per 40 CFR 257.80

• Preparation/update of a run-on/run-off control system plan for all LFs per 40 CFR 257.81

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• Preparation/update of an inflow design flood control system plan for all SIs per 40 CFR 

257.82

• Monthly monitoring of CCR SI instrumentation per 40 CFR 257.83

• Weekly and annual inspections of CCR units per 40 CFR 257.83 and 257.84

• Preparation/update of the closure plan for each CCR unit per 40 CFR 257.102

• Preparation/update of the post-closure care plan per 40 CFR 257.104

• Recordkeeping per 40 CFR 257.105

• Notifications to KDHE per 40 CFR 257.106

• Creation of a CCR web site per 40 CFR 257.107

In addition, these facilities will:

• Update the “Plat” or “Certificate of Survey” to delineate and label the facility boundary and 

the limits of all existing and proposed CCR units within the facility boundary.

• Identify all the “uniquely associated wastes” listed in 40 CFR 261.4(b)(4), provide the 

quantities that are generated by the facility, and describe how and at what location these 

wastes are managed.

• Define the current groundwater monitoring system and propose a system that meets the 

requirements of 40 CFR 257.91.

• Update the Sampling and Analysis Plan to meet the requirements of 40 CFR 257.93 and 

257.94. 

Facility permits will continue to be updated as necessary to ensure compliance with requirements 

of the CCR rule that have deadlines after 2016.

Applicable Kansas Statutes (K.S.A.) and Regulations (K.A.R.)

Kansas already has regulations in place that apply to CCR landfills and surface impoundments.

(Existing requirements that are more stringent or broader in scope than 40 CFR 257 Subpart D 

are indicated with an asterisk.) These include the following:

KDHE Bureau of Waste Management (BWM)

The following can be found in Appendix A:

• K.S.A. 65-3407, which contains permitting requirements including: background 

investigations of permit applicants*; permit fees*; plans and data; permit conditions*; 

financial assurance*; liability insurance*; requirements for transferring permits; location 

restriction (would only apply to a new permit for an off-site CCR landfill)*; zoning 

certification*; and proof of land ownership*;

• K.A.R. 28-29-6, which requires permits for solid waste disposal areas and processing 

facilities*;

• K.A.R. 28-29-6a and BWM Policies 98-05 and 04-02, which require public participation for 

new permits and major modifications to permits*;

• K.A.R. 28-29-7 through 28-29-10, which address conditions, modification, suspension, 

denial, and revocation of permits*;

• K.A.R. 28-29-12, which requires permitted facilities to have a closure plan and, where wastes 

remain on-site, to have a post-closure care plan and conduct post-closure care of the site for 

at least 30 years;

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• K.A.R. 28-29-16, which gives KDHE the authority to conduct inspections;

• K.A.R. 28-29-19, which gives KDHE the authority to require environmental monitoring;

• K.A.R. 28-29-20, which gives KDHE the authority to require a restrictive covenant and/or 

easement*;

• K.A.R. 28-29-20a, which requires monitoring analyses to be conducted by a KDHE-certified 

laboratory*;

• K.A.R. 28-29-23, which very generally addresses: methods of disposal and processing, 

planning and design, location restrictions, access roads*, recordkeeping and reports*, air 

quality, facility communications*, fire protection*, access control*, signage*, safety 

program*, disease vector control*, odor and particulate control, gas control, water pollution, 

maps, disposal of hazardous waste, and adoption of 40 CFR 257.3-5 and 257.3-6;

• K.A.R. 28-29-25(b), which requires plans and specifications for solid waste disposal areas 

and processing facilities not otherwise provided for in the solid waste regulations;

• K.A.R. 28-29-84 and KDHE Division of Environment Policy “Permit Renewal Fees for 

Generator Owned/Operated Industrial Waste Landfills,” which set permit fees*;

• BWM Policy 02-02, which requires a 5-foot separation from groundwater at all new solid 

waste disposal facilities;

• BWM Policy 05-01, which requires applicants for new solid waste landfills and significant 

modifications of an existing solid waste landfill to notify the following agencies*: Kansas 

Biological Survey; Kansas Corporation Commission; KDA-Division of Water 

Resources; Kansas Department of Wildlife, Parks and Tourism; Kansas Geological Survey; 

KDA-State Conservation Commission; Kansas State Historical Society; Kansas Water 

Office; U.S. Army Corps of Engineers; and U.S. Fish and Wildlife Service; and

• BWM Policy 2014-P1, which addresses post-closure permit renewal and financial 

assurance.*

KDHE Bureau of Water (BOW)

• K.A.R. 28-16-160 et seq., which regulate industrial wastewater lagoons if not permitted as a 

solid waste processing facility or solid waste landfill [K.A.R. 28-16-160(ii)]. Because these 

regulations will not apply to CCR units that are permitted by BWM, they are not considered 

more stringent or broader in scope than the CCR regulations, and are not included in the 

Appendices.

KDA - Division of Water Resources (DWR)

The following can be found in Appendix B:

• K.S.A. 82a-301 et seq. and implementing regulations at K.A.R. 5-40-1 et seq., which regulate 

dams.

Compliance Assessments and Enforcement Strategy

KDHE believes that existing state laws, regulations, and permit conditions already authorize 

KDHE to enforce the standards set forth in the April 17, 2015 CCR rule. Pending the adoption of 

the specific CCR regulations, KDHE will ensure that facility permits are modified as necessary 

along with facility operating plans and other permit documents to fully conform to the CCR 

requirements. The existing solid waste permits for CCR disposal contain general permit 

conditions that authorize KDHE to modify the permit whenever necessary to conform to new or 

revised state or federal laws and regulations. Those permits and all associated design and 

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operating plans are enforceable documents under Kansas state law [K.S.A. 65-3409(a)(3)].

Compliance with the updated permit conditions and associated documents will be assessed by 

KDHE inspectors and permitting staff. These facilities are inspected by KDHE district staff at 

least once each year.

Since current conditions at coal combustion facilities differ, updates needed to facility design, 

operating, and closure plans will also differ. At a minimum, KDHE will ensure that permits are 

updated to address all CCR-regulated units and that facilities complete modifications to all 

permit documents in accordance with all new federal deadlines. With these changes to permits 

and other permit documents, KDHE will have clear authority to enforce the new CCR rule

whenever operations are assessed through compliance inspections or when permits are annually 

renewed. KDHE’s enforcement authority does not require the adoption of the new regulations 

because all requirements will be enforced through permits. Nevertheless, for purposes of clarity 

and consistency, KDHE will move forward to adopt the federal CCR regulations by reference.

KDHE’s short-term approach to assess compliance and carry out enforcement as necessary will 

depend heavily upon the revised permit documents and conditions; however, it should be 

emphasized that Kansas’ existing laws and regulations address many of the requirements in the 

CCR rule, though in a general way. These laws and regulations provide additional basis and 

authority to require permit modifications before the adoption of the CCR regulations.

Because the initial regulatory deadlines arrive in October 2015, six months after the CCR rule 

was published in the Federal Register, it is possible that some permit documents will not be 

modified and approved by KDHE to address the new rule before that date. In those cases, the 

rule will still be in effect because the regulations are self-implementing, but KDHE’s 

enforcement authority could lag behind the regulatory deadlines for a brief period of time. Since 

the CCR rule will be in effect regardless of whether the facility permits and other documents 

have been revised, KDHE expects facilities to move forward with plan modifications in an 

expedited manner.

Long-Term Plan to Adopt CCR Regulations

As discussed in Chapter 1, KDHE will be adopting 40 CFR Subpart D by reference. Kansas will 

follow EPA guidelines for the adoption of regulations by reference and will consult with EPA 

while drafting the regulations to ensure that modifications are consistent with the federal criteria. 

The regulations will not be modified to make them any more or less stringent than the Federal 

regulations and existing state requirements.

After the proposed regulations are drafted by KDHE, they go through multiple reviews and a 

two-month public comment period; the regulation adoption process is described in more detail in 

a subsequent section entitled “Public Participation.” The adoption process takes a minimum of 

six months after the proposed regulations have been approved by the Secretary of KDHE. The 

Bureau of Waste Management plans to have proposed regulations approved by the Secretary by 

the end of 2015 and in effect sometime in 2016.

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Coordination with Other Environmental Programs

Most of the requirements of 40 CFR Subpart D will be regulated by BWM, however, certain 

requirements will be regulated under or in coordination with other State programs.

Title V Air Quality permits issued by the KDHE Bureau of Air (BOA) contain dust control 

measures at coal-fired power plants. The fugitive dust control requirements of 40 CFR 257.80 

will be addressed in the BWM solid waste permit in coordination with BOA.

The requirements of 40 CFR 257.82(b), concerning the outflow of surface impoundments, will 

be regulated by BOW under NPDES permits. BOW will also issue NPDES construction 

stormwater permits for any construction sites of one acre or more.

DWR regulates the construction, operation, and maintenance of dams that: 1) have a height of 25 

feet or more; or 2) have a height of six feet or more and a storage volume of 50 acre-feet or 

more. Dams in the higher DWR hazard classes are inspected by the State every three years or 

every five years. Some CCR facilities have dams that are on the DWR inspection schedule.

These DWR inspections will not replace the annual inspections required under 40 CFR 

257.83(b), however information from the annual inspections will be shared with the DWR.

Siting of new facilities will be approved in coordination with other agencies, as described in 

Chapter 2.

Public Participation

Permits

New CCR permits and significant modifications of CCR permits for solid waste disposal and 

processing facilities are subject to the public participation process. K.A.R. 28-29-6a sets forth the 

public notice and hearing requirements for municipal solid waste landfill permits, and Bureau of 

Waste Management policy 98-05 extends this requirement to other solid waste facilities, 

including industrial landfills and solid waste processing facilities.

For all new permits and significant modifications of permits, public meetings are held in 

accordance with BWM Policy 04-02, after which a public notice of the permit is posted in the 

Kansas Register. There is a 30-day public comment period and, if there is sufficient public 

interest, a public hearing. A response to comments is made available to the public when the final 

permit decision is issued. Two examples of significant modifications are: 1) the addition of a 

new CCR management unit; and 2) the lateral expansion of an existing unit into a previously 

unpermitted area.

There is no public participation process for the annual permit renewals, because there is not a 

significant degree of public interest. The annual permit renewal is an administrative process, 

only requiring submission of the following:

• The renewal fee, if applicable;

• Proof of liability insurance;

• Current closure and post-closure care cost estimates; and 

• Proof of financial assurance for closure and post-closure care.

Page 16 of 18
CCR permits that are modified to incorporate all existing CCR units (such as surface 

impoundments and CCR piles), rather than add new disposal units or surface impoundments, will 

be subject to a modified public participation process. Full public disclosure of how all CCR will 

be managed at the facility will be accomplished through a public notice and public comments 

will be accepted, however there will be no public meetings or public hearing. This modified 

public participation approach is justified because these units were already in operation under the 

oversight of the KDHE Bureau of Water; the only change is the permit and regulations under 

which these units will be regulated.

Regulations

Stakeholder input is routinely sought in the development of new and amended regulations. The 

Bureau of Waste Management has already held stakeholder meetings to discuss implementation 

of the CCR rule in Kansas.

In accordance with the Kansas Rules and Regulations Filing Act, K.S.A. 77-415 through 77-438

which can be found in Appendix C, the State regulatory development process includes: 

• Preparation of an Economic and Environmental Impact Statement;

• Consultation with the League of Kansas Municipalities, the Kansas Association of Counties, 

and the Kansas Association of School Boards, as appropriate;

• Approval by the Secretary of Administration;

• Approval by the Attorney General;

• Publication of a public hearing notice, which includes a summary of the proposed 

regulations, in the Kansas Register. The hearing notice, proposed regulations, and regulatory 

impact statement are posted on the KDHE web site;

• Submission of the public hearing notice, proposed regulations, and Economic and 

Environmental Impact Statement to the Citizens Regulatory Review Board;

• A public comment period of at least 60 days;

• Review and comment by the Joint Committee on Administrative Rules and Regulations;

• A public hearing;

• Revisions to regulations if required;

• Preparation and distribution of a responsiveness summary. The responsiveness summary 

contains all comments received during the public comment period and hearing as well as 

KDHE’s response to comments. It is made available on the KDHE web site, and sent to 

individuals who submit comments or request a copy;

• Adoption by the Secretary;

• Publication of the adopted regulations in the Kansas Register.

The process, from the time the regulations are submitted to the Secretary of Administration to 

publication in the Kansas Register takes a minimum of six months; the process can take 

significantly longer depending on the time needed for the review by the Secretary of 

Administration and the Attorney General.

In addition to the required notifications listed above, the KDHE Bureau of Waste Management 

informs the public and key stakeholders of regulations that are being drafted, regulations 

proposed for adoption, and regulations that have been adopted, though one or more of the 

following, as appropriate:

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• The KDHE Division of Environment Regulatory Agenda, which is posted on the KDHE web 

site at www.kdheks.gov/befs;

• The KDHE Bureau of Waste Management newsletter;

• Letters and emails to stakeholders; and

• Stakeholder meetings.

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Appendix A

Referenced Bureau of Waste Management 

Statutes, Regulations, and Policies
Kansas Statutes Annotated (K.S.A.)

65-3401. Statement of policy. It is hereby declared that protection of the health and welfare 

of the citizens of Kansas requires the safe and sanitary disposal of solid wastes. The legislature 

finds that the lack of adequate state regulations and control of solid waste and solid waste 

management systems has resulted in undesirable and inadequate solid waste management 

practices that are detrimental to the health of the citizens of the state; degrade the quality of the 

environment; and cause economic loss. For these reasons it is the policy of the state to:

(a) Establish and maintain a cooperative state and local program of planning and technical 

and financial assistance for comprehensive solid waste management.

(b) Utilize the capabilities of private enterprise as well as the services of public agencies to 

accomplish the desired objectives of an effective solid waste management program.

(c) Require a permit for the operation of solid waste processing and disposal systems. 

(d) Achieve and maintain status for the Kansas department of health and environment as an 

approved state agency for the purpose of administering federal municipal solid waste 

management laws and regulations. 

(e) Encourage the wise use of resources through development of strategies that reduce, reuse 

and recycle materials. 

History: L. 1970, ch. 264, § 1; L. 1992, ch. 316, § 1; L. 1997, ch. 140, § 1; July 1. 

65-3402. Definitions. As used in this act, unless the context otherwise requires: 

(a) "Solid waste" means garbage, refuse, waste tires as defined by K.S.A. 65-3424, and 

amendments thereto, and other discarded materials, including, but not limited to, solid, 

semisolid, sludges, liquid and contained gaseous waste materials resulting from industrial, 

commercial, agricultural and domestic activities. Solid waste does not include hazardous wastes 

as defined by subsection (f) of K.S.A. 65-3430, and amendments thereto, recyclables or the 

waste of domestic animals as described by subsection (a)(1) of K.S.A. 65-3409, and amendments 

thereto.

(b) "Solid waste management system" means the entire process of storage, collection, 

transportation, processing, and disposal of solid wastes by any person engaging in such process 

as a business, or by any state agency, city, authority, county or any combination thereof. 

(c) "Solid waste processing facility" means incinerator, composting facility, household 

hazardous waste facility, waste-to-energy facility, transfer station, reclamation facility or any 

other location where solid wastes are consolidated, temporarily stored, salvaged or otherwise 

processed prior to being transported to a final disposal site. This term does not include a scrap 

material recycling and processing facility.

(d) "Solid waste disposal area" means any area used for the disposal of solid waste from 

more than one residential premises, or one or more commercial, industrial, manufacturing or 

municipal operations. "Solid waste disposal area" includes all property described or included 

within any permit issued pursuant to K.S.A. 65-3407, and amendments thereto.

(e) "Person" means individual, partnership, firm, trust, company, association, corporation, 

individual or individuals having controlling or majority interest in a corporation, institution, 

political subdivision, state agency or federal department or agency. 

(f) "Waters of the state" means all streams and springs, and all bodies of surface or 

groundwater, whether natural or artificial, within the boundaries of the state. 

(g) "Secretary" means the secretary of health and environment.

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(h) "Department" means the Kansas department of health and environment.

(i) "Disposal" means the discharge, deposit, injection, dumping, spilling, leaking or placing 

of any solid waste into or on any land or water so that such solid waste or any constituent thereof 

may enter the environment or be emitted into the air or discharged into any water.

(j) "Open dumping" means the disposal of solid waste at any solid waste disposal area or 

facility which is not permitted by the secretary under the authority of K.S.A. 65-3407, and 

amendments thereto, or the disposal of solid waste contrary to rules and regulations adopted 

pursuant to K.S.A. 65-3406, and amendments thereto.

(k) "Generator" means any person who produces or brings into existence solid waste.

(l) "Monitoring" means all procedures used to (1) systematically inspect and collect data on 

the operational parameters of a facility, an area or a transporter, or (2) to systematically collect 

and analyze data on the quality of the air, groundwater, surface water or soils on or in the vicinity 

of a solid waste processing facility or solid waste disposal area.

(m) "Closure" means the permanent cessation of active disposal operations, abandonment of 

the disposal area, revocation of the permit or filling with waste of all areas and volume specified 

in the permit and preparing the area for the long-term care.

(n) "Postclosure" means that period of time subsequent to closure of a solid waste disposal 

area when actions at the site must be performed.

(o) "Reclamation facility" means any location at which material containing a component 

defined as a hazardous substance pursuant to K.S.A. 65-3452a, and amendments thereto, or as an 

industrial waste pursuant to this section is processed.

(p) "Designated city" means a city or group of cities which, through interlocal agreement 

with the county in which they are located, is delegated the responsibility for preparation, 

adoption or implementation of the county solid waste plan.

(q) "Nonhazardous special waste" means any solid waste designated by the secretary as 

requiring extraordinary handling in a solid waste disposal area.

(r) "Recyclables" means any materials that will be used or reused, or prepared for use or 

reuse, as an ingredient in an industrial process to make a product, or as an effective substitute for 

a commercial product. "Recyclables" includes, but is not limited to, paper, glass, plastic, 

municipal water treatment residues, as defined by K.S.A. 65-163, and amendments thereto, and 

metal, but does not include yard waste.

(s) "Scrap material processing industry" means any person who accepts, processes and 

markets recyclables.

(t) "Scrap material recycling and processing facility" means a fixed location that utilizes 

machinery and equipment for processing only recyclables.

(u) "Construction and demolition waste" means solid waste resulting from the construction, 

remodeling, repair and demolition of structures, roads, sidewalks and utilities; untreated wood 

and untreated sawdust from any source; treated wood from construction or demolition projects; 

small amounts of municipal solid waste generated by the consumption of food and drinks at 

construction or demolition sites, including, but not limited to, cups, bags and bottles; furniture 

and appliances from which ozone depleting chlorofluorocarbons have been removed in 

accordance with the provisions of the federal clean air act; solid waste consisting of motor 

vehicle window glass; and solid waste consisting of vegetation from land clearing and grubbing, 

utility maintenance, and seasonal or storm-related cleanup. Such wastes include, but are not 

limited to, bricks, concrete and other masonry materials, roofing materials, soil, rock, wood, 

wood products, wall or floor coverings, plaster, drywall, plumbing fixtures, electrical wiring, 

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electrical components containing no hazardous materials, nonasbestos insulation and 

construction related packaging. "Construction and demolition waste" shall not include waste 

material containing friable asbestos, garbage, furniture and appliances from which ozone 

depleting chlorofluorocarbons have not been removed in accordance with the provisions of the 

federal clean air act, electrical equipment containing hazardous materials, tires, drums and 

containers even though such wastes resulted from construction and demolition activities. Clean 

rubble that is mixed with other construction and demolition waste during demolition or 

transportation shall be considered to be construction and demolition waste. 

(v) "Construction and demolition landfill" means a permitted solid waste disposal area used 

exclusively for the disposal on land of construction and demolition wastes. This term shall not 

include a site that is used exclusively for the disposal of clean rubble. 

(w) "Clean rubble" means the following types of construction and demolition waste: 

Concrete and concrete products including reinforcing steel, asphalt pavement, brick, rock and 

uncontaminated soil as defined in rules and regulations adopted by the secretary. 

(x) "Industrial waste" means all solid waste resulting from manufacturing, commercial and 

industrial processes which is not suitable for discharge to a sanitary sewer or treatment in a 

community sewage treatment plant or is not beneficially used in a manner that meets the 

definition of recyclables. Industrial waste includes, but is not limited to: Mining wastes from 

extraction, beneficiation and processing of ores and minerals unless those minerals are returned 

to the mine site; fly ash, bottom ash, slag and flue gas emission wastes generated primarily from 

the combustion of coal or other fossil fuels; cement kiln dust; waste oil and sludges; waste oil 

filters; and fluorescent lamps.

(y) "Composting facility" means any facility that composts wastes and has a composting area 

larger than one-half acre.

(z) "Household hazardous waste facility" means a facility established for the purpose of 

collecting, accumulating and managing household hazardous waste and may also include small 

quantity generator waste or agricultural pesticide waste, or both. Household hazardous wastes are 

consumer products that when discarded exhibit hazardous characteristics. 

(aa) "Waste-to-energy facility" means a facility that processes solid waste to produce energy 

or fuel.

(bb) "Transfer station" means any facility where solid wastes are transferred from one 

vehicle to another or where solid wastes are stored and consolidated before being transported 

elsewhere, but shall not include a collection box provided for public use as a part of a countyoperated solid waste management system if the box is not equipped with compaction 

mechanisms or has a volume smaller than 20 cubic yards. 

(cc) "Municipal solid waste landfill" means a solid waste disposal area where residential 

waste is placed for disposal. A municipal solid waste landfill also may receive other 

nonhazardous wastes, including commercial solid waste, sludge and industrial solid waste. 

(dd) "Construction related packaging" means small quantities of packaging wastes that are 

generated in the construction, remodeling or repair of structures and related appurtenances. 

"Construction related packaging" does not include packaging wastes that are generated at retail 

establishments selling construction materials, chemical containers generated from any source or 

packaging wastes generated during maintenance of existing structures.

(ee) "Industrial facility" includes all operations, processes and structures involved in the 

manufacture or production of goods, materials, commodities or other products located on, or 

adjacent to, an industrial site and is not limited to a single owner or to a single industrial process. 

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For purposes of this act, it includes all industrial processes and applications that may generate 

industrial waste which may be disposed at a solid waste disposal area which is permitted by the 

secretary and operated for the industrial facility generating the waste and used only for industrial 

waste. 

History: L. 1970, ch. 264, § 2; L. 1974, ch. 352, § 156; L. 1977, ch. 221, § 1; L. 1979, ch. 

202, § 1; L. 1981, ch. 251, § 21; L. 1992, ch. 316, § 2; L. 1993, ch. 274, § 1; L. 1994, ch. 283, § 

1; L. 1995, ch. 221, § 1; L. 1997, ch. 140, § 2; L. 2001, ch. 127, § 1; L. 2002, ch. 121, § 1; L. 

2005, ch. 25, § 1; L. 2006, ch. 53, § 1; April 6.

65-3405. Solid waste management plan required; solid waste management committee; 

process for adoption and revision of plan; contents of plan. (a) Each county of this state, or a 

designated city, shall submit to the secretary a workable plan for the management of solid waste 

in such county. The plan developed by each county or designated city shall be adopted by the 

governing body of such county or designated city if so authorized. Two or more counties, by 

interlocal agreement entered into pursuant to K.S.A. 12-2901 et seq., and amendments thereto, 

may develop and adopt a regional plan in lieu of separate county plans.

(b) There shall be established in each county or group of counties cooperating in a regional 

plan a solid waste management committee. A county which cooperates in a regional plan may 

establish its own county committee in addition to cooperating in the required regional committee. 

A county which does not cooperate in a regional plan may designate, by interlocal agreement, a 

city as the solid waste management planning authority for the county. Subject to the 

requirements of this section, the membership of the committee, the terms of committee members, 

the organization of the committee and selection of its officers shall be determined by the county 

or counties by interlocal agreement entered into pursuant to K.S.A. 12-2901 et seq., and 

amendments thereto. The number of members on the committee, whether an individual county 

committee or a regional committee, shall be not fewer than five or a number equal to the total 

number of counties cooperating in the regional plan, whichever is more, and shall not exceed 30. 

The membership shall include: (1) Representatives of incorporated cities located in the county or 

counties, not to exceed five members representing any cities of the first class, three members 

representing any cities of the second class and one member representing any cities of the third 

class; (2) one representative of unincorporated areas of the county or counties; (3) 

representatives of the general public, citizen organizations, private industry, any private solid 

waste management industry operating in the county or counties and any private recycling or 

scrap material processing industry operating in the county or counties; (4) the recycling 

coordinator, if any, of the county or counties; and (5) any other persons deemed appropriate by 

the county, designated city or groups of counties, including, but not limited to, county 

commissioners, county engineers, county health officers and county planners. Members of the 

committee shall be appointed by the board of county commissioners or governing body of the 

designated city or by agreement of the boards of county commissioners cooperating in the plan. 

A county commissioner shall not be appointed to a regional planning committee unless one or 

more other noncommissioners also represent the commissioner's county on the committee. A 

regional planning committee shall include at least one representative of each county in the 

region. Persons appointed to an individual county planning committee in a county covered by a 

regional plan may also serve on a regional planning committee. Members appointed to represent 

cities shall be nominated by the mayor of the city represented, or by agreement of all mayors of 

the cities represented if more than one city of the class is located in the county or counties. If the 

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nominee is not appointed or rejected within 30 days after nomination, the nominee shall be 

deemed appointed. 

(c) The solid waste management committee, whether an individual county committee or a 

regional committee, shall: (1) Be responsible for the preparation of the solid waste management 

plan of the individual county or group of counties; (2) review the plan at least annually; and (3) 

provide to the county commissioners of the individual county or group of counties served by the 

plan a report containing the results of the annual plan reviews, including recommendations for 

revisions to the plan. Annual plan reviews which take place in years when county commissions 

are scheduled to carry out five-year public hearings in accordance with subsection (d) shall 

comprehensively evaluate the adequacy of the plan with respect to all criteria established by 

subsection (j). The responsibilities of a solid waste management committee established in a 

county which cooperates in a regional plan are to be determined by the county commission of 

such county. 

(d) Each county commission shall: (1) Review the county or regional solid waste 

management plan, the annual review report and any proposed revisions of the plan prepared by 

the solid waste management committee; (2) adopt the solid waste management plan or proposed 

revisions to the plan prepared by the solid waste management committee as submitted or as 

revised by the county commission, except as provided by subsection (g) for regional plans; (3) at 

least every five years hold a public hearing on the county or regional solid waste management 

plan, including a review of projected solid waste management practices and needs for a 10-year 

planning period; (4) notify the department that the solid waste management committee has 

completed each annual review and each five-year public hearing and that the commission has 

adopted the plan or review, except as provided in subsection (g) for regional plans; (5) submit 

with the annual notification a list of solid waste management committee members representing 

the county on an individual county committee or a regional committee; and (6) review permit 

applications for solid waste processing facilities and solid waste disposal areas submitted to the 

department pursuant to K.S.A. 65-3407, and amendments thereto, to determine consistency of 

the proposed facility with the county or regional plan and to certify that the area is properly 

zoned or compatible with surrounding land uses. County commissions may utilize the annual 

plan review reports prepared by solid waste management committees as the basis for the required 

five-year public hearings. 

(e) The county commission of each county which has completed an individual county solid 

waste plan shall convene an annual meeting of the county solid waste management committee to 

review the plan. If a quorum of the solid waste management committee is not present, the county 

commission may independently complete the annual review required in subsection (c). 

(f) The county commission of a county which has completed an individual county solid 

waste management plan may choose to revise its plan at a time which does not coincide with a 

scheduled annual review by the county solid waste management committee. In such a case, the 

county commission shall convene a meeting of the solid waste management committee to review 

the commission's proposed changes and obtain committee comments and recommendations for 

plan revision. If a quorum of the solid waste management committee is not present, the county 

commission may independently revise and adopt the county solid waste management plan. The 

aforementioned meeting shall include an opportunity for public input. 

(g) A regional solid waste management committee shall meet annually to review the regional 

solid waste management plan. The recommendations of the regional committee shall be 

distributed to the county commissioners of each county cooperating in the regional plan. Each 

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county commission shall either: (1) Adopt the regional committee report, including any proposed 

plan revisions, and submit the record of adoption back to the regional committee; or (2) submit 

comments back to the regional committee. Following the adoption of the annual review report by 

every county in the region, the regional committee shall notify the department that the annual 

review or five-year update has been completed.

(h) The county commission of a county which cooperates in a regional solid waste 

management plan may choose to revise its plan at a time which does not coincide with a 

scheduled annual review by the regional solid waste management committee. At such time, the 

provisions of the interlocal agreement shall establish protocols for addressing the needs of the 

county seeking the change in the regional plan. 

(i) Each county or group of counties is required to adopt and implement a solid waste 

management plan pursuant to this section and is responsible for continued and ongoing planning 

for systematic solid waste management within the boundaries of such county or group of 

counties. The solid waste management plan of each county, designated city or group of counties 

shall provide for a solid waste management system plan to serve all generators of solid waste 

within the county or group of counties. 

(j) Every plan shall:

(1) Delineate areas within the jurisdiction of the political subdivision or subdivisions where 

waste management systems are in existence and areas where the solid waste management 

systems are planned to be available within a 10-year period. 

(2) Conform to the rules and regulations, standards and procedures adopted by the secretary 

for implementation of this act.

(3) Provide for solid waste management systems in a manner consistent with the needs and 

plans of the whole area, and in a manner which will not contribute to pollution of the waters or 

air of the state, nor constitute a public nuisance and shall otherwise provide for the safe and 

sanitary disposal of solid waste. 

(4) Conform with existing comprehensive plans, population trend projections, engineering 

and economics so as to delineate with practicable precision those portions of the area which may 

reasonably be expected to be served by a solid waste management system within the next 10 

years.

(5) Take into consideration existing acts and regulations affecting the development, use and 

protection of air, water or land resources. 

(6) Establish a time schedule and revenue schedule for the development, construction and 

operation of the planned solid waste management systems, together with the estimated cost 

thereof.

(7) Describe the elements of the plan which will require public education and include a plan 

for delivering such education. 

(8) Include such other reasonable information as the secretary requires. 

(9) Establish a schedule for the reduction of waste volumes taking in consideration the 

following: (A) Source reduction; (B) reuse, recycling, composting; and (C) land disposal. 

(10) Take into consideration the development of specific management programs for certain 

wastes, including but not limited to lead acid batteries, household hazardous wastes, small 

quantities of hazardous waste, white goods containing chlorofluorocarbons, pesticides and 

pesticide containers, motor oil, consumer electronics, medical wastes, construction and 

demolition waste, seasonal clean-up wastes, wastes generated by natural disasters and yard 

waste.

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(k) The plan and any revision of the plan shall be reviewed by appropriate official planning 

agencies within the area covered by the plan for consistency with programs of comprehensive 

planning for the area. All such reviews shall be transmitted to the secretary with the proposed 

plan or revision. 

(l) The secretary is hereby authorized to approve or disapprove plans for solid waste 

management systems, or revisions of such plans, submitted in accordance with this act. If a plan 

or revision is disapproved, the secretary shall furnish any and all reasons for such disapproval, 

and the county or group of counties whose plan or revision is disapproved may request a hearing 

before the secretary in accordance with K.S.A. 65-3412, and amendments thereto. 

(m) The secretary is authorized to provide technical assistance to counties or designated 

cities in coordinating plans for solid waste management systems required by this act, including 

revisions of such plans. 

(n) The secretary may recommend that two or more counties adopt, submit and implement a 

regional plan rather than separate county plans. 

(o) The secretary may institute appropriate action to compel submission of plans or plan 

revisions in accordance with this act and the rules and regulations, standards and procedures of 

the secretary.

(p) Upon approval of the secretary of a solid waste management plan, the county or 

designated city is authorized and directed to implement the provisions contained in the plan. 

(q) A county cooperating in a regional solid waste management plan may withdraw from 

such plan only: 

(1) In accordance with the terms of the interlocal agreement adopting the old plan or upon 

revision or termination of such agreement to permit withdrawal and upon a determination by the 

secretary that the existing regional solid waste management plan will not be significantly 

affected by the withdrawal; or

(2) if two or more revised solid waste management plans are prepared and submitted to the 

department for review and approval addressing solid waste management in counties which have 

decided to plan individually or in any newly formed regions. 

History: L. 1970, ch. 264, § 5; L. 1974, ch. 352, §158; L. 1992, ch. 316, § 3; L. 1997, ch. 

140, § 3; L. 2002, ch. 79, § 1; July 1. 

65-3406. Duties and functions of secretary; rules and regulations; exemption of certain 

solid waste disposal areas from certain requirements. (a) The secretary is authorized and 

directed to:

(1) Adopt such rules and regulations, standards and procedures relative to solid waste 

management as necessary to protect the public health and environment, prevent public nuisances 

and enable the secretary to carry out the purposes and provisions of this act. 

(2) Report to the legislature on further assistance needed to administer the solid waste 

management program.

(3) Administer the solid waste management program pursuant to provisions of this act.

(4) Cooperate with appropriate federal, state, interstate and local units of government and 

with appropriate private organizations in carrying out duties under this act. 

(5) Develop a statewide solid waste management plan.

(6) Provide technical assistance, including the training of personnel to cities, counties and 

other political subdivisions. 

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(7) Initiate, conduct and support research, demonstration projects and investigations and 

coordinate all state agency research programs with applicable federal programs pertaining to 

solid waste management systems.

(8) Establish policies for effective solid waste management systems.

(9) Assist counties and groups of counties to establish and implement solid waste planning 

and management.

(10) Authorize issuance of such permits and orders and conduct such inspections as may be 

necessary to implement the provisions of this act and the rules and regulations and standards 

adopted pursuant to this act.

(11) Conduct and contract for research and investigations in the overall area of solid waste 

storage, collection, transportation, processing, treatment, recovery and disposal including, but not 

limited to, new and novel procedures.

(12) Adopt rules and regulations for permitting of all solid waste disposal areas, including 

those that are privately owned.

(13) Adopt rules and regulations establishing criteria for the location of processing facilities 

and disposal areas for solid wastes.

(14) Adopt rules and regulations establishing appropriate measures for monitoring solid 

waste disposal areas and processing facilities, both during operation and after closure.

(15) Adopt rules and regulations requiring that, for such period of time as the secretary shall 

specify, any assignment, sale, conveyance or transfer of all or any part of the property upon 

which a permitted disposal area for solid waste is or has been located shall be subject to such 

terms and conditions as to the use of such property as the secretary shall specify to protect 

human health and the environment.

(16) Adopt suitable measures, including rules and regulations if appropriate, to encourage 

recovery and recycling of solid waste for reuse whenever feasible.

(17) Adopt rules and regulations establishing standards for transporters of solid waste.

(18) Adopt rules and regulations establishing minimum standards for closing, termination, 

and long-term care of sites for the land disposal of solid waste. In this subsection, "site" refers to 

a site for the land disposal of solid waste which has a permit issued under K.S.A. 65-3407 and 

amendments thereto. The owner of a site shall be responsible for the long-term care of the site 

for 30 years after the closing of the site, except the secretary may extend the long-term care 

responsibility of a particular site or sites as the secretary deems necessary to protect the public 

health and safety or the environment. Any person acquiring rights of ownership, possession or 

operation in a permitted site or facility for the land disposal of solid waste at any time after the 

site has begun to accept waste and prior to closure shall be subject to all requirements of the 

permit for the site or facility, including the requirements relating to long-term care of the site or 

facility.

(19) Enter into cooperative agreements with the secretary of commerce for the development 

and implementation of statewide market development for recyclable materials.

(20) Adopt rules and regulations for the management of nonhazardous special wastes.

(b) In adopting rules and regulations, the secretary shall allow the exemption contained in 

subsection (f)(1) of 40 CFR 258.1 (October 9, 1991), as amended and in effect on the effective 

date of this act.

(c) (1) Any rules and regulations adopted by the secretary which establish standards for solid 

waste processing facilities or solid waste disposal areas that are more stringent than the standards 

required by federal law or applicable federal regulations on such date shall not become effective 

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until 45 days after the beginning of the next ensuing session of the legislature, which date shall 

be specifically provided in such rule and regulation. 

(2) The provisions of subsection (c)(1) shall not apply to rules and regulations adopted 

before January 1, 1995, which establish standards for location, design and operation of solid 

waste processing facilities and disposal areas.

(d) Any solid waste disposal area which qualifies for the exemption provided for by 

subsection (b) and which successfully demonstrates that naturally occurring geological 

conditions provide sufficient protection against groundwater contamination shall not be required 

to construct a landfill liner or leachate collection system. The secretary shall adopt rules and 

regulations which establish criteria for performing this demonstration and standards for liner and 

leachate collection systems for exempt landfills which fail the demonstration. Solid waste 

disposal areas which qualify for the exemption provided for by subsection (b) may be designed 

with trenches or units which have straight vertical walls. All solid waste disposal areas which 

qualify for the exemption provided for by subsection (b) shall be required to comply with all 

applicable rules and regulations adopted by the secretary and approved by the U.S. 

environmental protection agency, including location restrictions, operating requirements and 

closure standards for municipal solid waste landfills. Operating requirements include, but are not 

limited to, hazardous waste screening, daily cover, intermediate cover, disease vector control, 

gas monitoring and management, air emissions, survey controls, compaction, recordkeeping and 

groundwater monitoring. 

The identification of groundwater contamination caused by disposal activities at a solid 

waste disposal area which has qualified for the exemption provided for by subsection (b) shall 

result in:

(1) The loss of such exemption; and 

(2) the application of all corrective action and design requirements specified in federal laws 

and regulations, or in equivalent rules and regulations adopted by the secretary and approved by 

the U.S. environmental protection agency, to such disposal area. 

History: L. 1970, ch. 264, § 6; L. 1974, ch. 352, § 159; L. 1975, ch. 312, § 12; L. 1977, ch. 

221, § 2; L. 1979, ch. 202, §5; L. 1981, ch. 251, § 22; L. 1992, ch. 316, § 4; L. 1993, ch. 274, § 

2; L. 1994, ch. 283, § 2; L. 1995, ch. 140, § 1; L. 1997, ch. 139, § 1; July 1. 

65-3407. Permits to construct, alter or operate solid waste processing facilities and solid 

waste disposal areas; requirements for closure and post-closure care. (a) Except as 

otherwise provided by K.S.A. 65-3407c, and amendments thereto, no person shall construct, alter 

or operate a solid waste processing facility or a solid waste disposal area of a solid waste 

management system, except for clean rubble disposal sites, without first obtaining a permit from 

the secretary.

(b) Every person desiring to obtain a permit to construct, alter or operate a solid waste 

processing facility or disposal area shall make application for such a permit on forms provided 

for such purpose by the rules and regulations of the secretary and shall provide the secretary with 

such information as necessary to show that the facility or area will comply with the purpose of 

this act. Upon receipt of any application and payment of the application fee, the secretary, with 

advice and counsel from the local health authorities and the county commission, shall make an 

investigation of the proposed solid waste processing facility or disposal area and determine 

whether it complies with the provisions of this act and any rules and regulations and standards 

adopted thereunder. The secretary also may consider the need for the facility or area in 

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conjunction with the county or regional solid waste management plan. If the investigation reveals 

that the facility or area conforms with the provisions of the act and the rules and regulations and 

standards adopted thereunder, the secretary shall approve the application and shall issue a permit 

for the operation of each solid waste processing or disposal facility or area set forth in the 

application. If the facility or area fails to meet the rules and regulations and standards required by 

this act the secretary shall issue a report to the applicant stating the deficiencies in the 

application. The secretary may issue temporary permits conditioned upon corrections of 

construction methods being completed and implemented. 

(c) Before reviewing any application for permit, the secretary shall conduct a background 

investigation of the applicant. The secretary shall consider the financial, technical and 

management capabilities of the applicant as conditions for issuance of a permit. The secretary 

may reject the application prior to conducting an investigation into the merits of the application 

if the secretary finds that:

(1) The applicant currently holds, or in the past has held, a permit under this section and 

while the applicant held a permit under this section the applicant violated a provision of 

subsection (a) of K.S.A. 65-3409, and amendments thereto; or 

(2) the applicant previously held a permit under this section and that permit was revoked by 

the secretary; or

(3) the applicant failed or continues to fail to comply with any of the provisions of the air, 

water or waste statutes, including rules and regulations issued thereunder, relating to 

environmental protection or to the protection of public health in this or any other state or the 

federal government of the United States, or any condition of any permit or license issued by the 

secretary; or if the secretary finds that the applicant has shown a lack of ability or intention to 

comply with any provision of any law referred to in this subsection or any rule and regulation or 

order or permit issued pursuant to any such law as indicated by past or continuing violations; or 

(4) the applicant is a corporation and any principal, shareholder, or other person capable of 

exercising total or partial control of such corporation could be determined ineligible to receive a 

permit pursuant to subsection (c)(1), (2) or (3) above. 

(d) Before reviewing any application for a permit, the secretary may request that the attorney 

general perform a comprehensive criminal background investigation of the applicant; or in the 

case of a corporate applicant, any principal, shareholder or other person capable of exercising 

total or partial control of the corporation. The secretary may reject the application prior to 

conducting an investigation into the merits of the application if the secretary finds that serious 

criminal violations have been committed by the applicant or a principal of the corporation. 

(e) (1) The fees for a solid waste processing or disposal permit shall be established by rules 

and regulations adopted by the secretary. The fee for the application and original permit shall not 

exceed $5,000. Except as provided by paragraph (2), the annual permit renewal fee shall not 

exceed $2,000. No refund shall be made in case of revocation. In establishing fees for a 

construction and demolition landfill, the secretary shall adopt a differential fee schedule based 

upon the volume of construction and demolition waste to be disposed of at such landfill. All fees 

shall be deposited in the state treasury and credited to the solid waste management fund. A city, 

county, other political subdivision or state agency shall be exempt from payment of the fee but 

shall meet all other provisions of this act.

(2) The annual permit renewal fee for a solid waste disposal area which is permitted by the 

secretary, owned or operated by the facility generating the waste and used only for industrial 

waste generated by such facility shall be not less than $1,000 nor more than $4,000. In 

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establishing fees for such disposal areas, the secretary shall adopt a differential fee schedule 

based upon the characteristics of the disposal area sites.

(f) Plans, designs and relevant data for the construction of solid waste processing facilities 

and disposal sites shall be prepared by a professional engineer licensed to practice in Kansas and 

shall be submitted to the department for approval prior to the construction, alteration or operation 

of such facility or area. In adopting rules and regulations, the secretary may specify sites, areas 

or facilities where the environmental impact is minimal and may waive such preparation 

requirements provided that a review of such plans is conducted by a professional engineer 

licensed to practice in Kansas.

(g) Each permit granted by the secretary, as provided in this act, shall be subject to such 

conditions as the secretary deems necessary to protect human health and the environment and to 

conserve the sites. Such conditions shall include approval by the secretary of the types and 

quantities of solid waste allowable for processing or disposal at the permitted location. 

(h) Before issuing or renewing a permit to operate a solid waste processing facility or solid 

waste disposal area, the secretary shall require the permittee to demonstrate that funds are 

available to ensure payment of the cost of closure and postclosure care and provide liability 

insurance for accidental occurrences at the permitted facility. 

(1) If the permittee owns the land where the solid waste processing facility or disposal area is 

located or the permit for the facility was issued before the date this act is published in the Kansas 

register, the permittee shall satisfy the financial assurance requirement for closure and 

postclosure care by providing a trust fund, a surety bond guaranteeing payment, an irrevocable 

letter of credit or insurance policy, or by passing a financial test or obtaining a financial 

guarantee from a related entity, to guarantee the future availability of funds. The secretary shall 

prescribe the methods to be used by a permittee to demonstrate sufficient financial strength to 

become eligible to use a financial test or a financial guarantee procedure in lieu of providing the 

other financial instruments. Solid waste processing facilities or disposal areas, except municipal 

solid waste landfills, may also demonstrate financial assurance costs by use of ad valorem taxing 

power. 

(2) If the permittee does not own the land where the solid waste processing facility or 

disposal area is located and the permit for the facility is issued after the date this act is published 

in the Kansas register, the permittee shall satisfy the financial assurance requirement for closure 

and postclosure care by providing a trust fund, a surety bond guaranteeing payment, or an 

irrevocable letter of credit.

(3) The secretary shall require each permittee of a solid waste processing facility or disposal 

area to provide liability insurance coverage during the period that the facility or area is active, 

and during the term of the facility or area is subject to postclosure care, in such amount as 

determined by the secretary to insure the financial responsibility of the permittee for accidental 

occurrences at the site of the facility or area. Any such liability insurance as may be required 

pursuant to this subsection or pursuant to the rules and regulations of the secretary shall be issued 

by an insurance company authorized to do business in Kansas or by a licensed insurance agent 

operating under authority of K.S.A. 40-246b, and amendments thereto, and shall be subject to the 

insurer's policy provisions filed with and approved by the commissioner of insurance pursuant to 

K.S.A. 40-216, and amendments thereto, except as authorized by K.S.A. 40-246b, and 

amendments thereto. Nothing contained in this subsection shall be deemed to apply to any state 

agency or department or agency of the federal government.

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(i) (1) Permits granted by the secretary as provided by this act shall not be transferable 

except as follows:

(A) A permit for a solid waste disposal area may be transferred if the area is permitted for 

only solid waste produced on site from manufacturing and industrial processes or on-site 

construction or demolition activities and the only change in the permit is a name change resulting 

from a merger, acquisition, sale, corporate restructuring or other business transaction.

(B) A permit for a solid waste disposal area or a solid waste processing facility may be 

transferred if the secretary approves of the transfer based upon information submitted to the 

secretary sufficient to conduct a background investigation of the new owner as specified in 

subsections (c) and (d) of K.S.A. 65-3407, and amendments thereto, and a financial assurance 

evaluation as specified in subsection (h) of K.S.A. 65-3407, and amendments thereto. Such 

information shall be submitted to the secretary not more than one year nor less than 60 days 

before the transfer. If the secretary does not approve or disapprove the transfer within 30 days 

after all required information is submitted to the secretary, the transfer shall be deemed to have 

been approved.

(2) Permits granted by the secretary as provided by this act shall be revocable or subject to 

suspension whenever the secretary shall determine that the solid waste processing or disposal 

facility or area is, or has been constructed or operated in violation of this act or the rules and 

regulations or standards adopted pursuant to the act, or is creating or threatens to create a hazard 

to persons or property in the area or to the environment, or is creating or threatens to create a 

public nuisance, or upon the failure to make payment of any fee required under this act.

(3) The secretary also may revoke, suspend or refuse to issue a permit when the secretary 

determines that past or continuing violations of the provisions of K.S.A. 65-3409, subsection 

(c)(3) of K.S.A. 65-3407 or K.S.A. 65-3424b, and amendments thereto, have been committed by 

a permittee, or any principal, shareholder or other person capable of exercising partial or total 

control over a permittee.

(j) Except as otherwise provided by subsection (i)(1), the secretary may require a new permit 

application to be submitted for a solid waste processing facility or a solid waste disposal area in 

response to any change, either directly or indirectly, in ownership or control of the permitted real 

property or the existing permittee.

(k) In case any permit is denied, suspended or revoked the person, city, county or other 

political subdivision or state agency may request a hearing before the secretary in accordance 

with K.S.A. 65-3412, and amendments thereto.

(l) (1) No permit to construct or operate a solid waste disposal area shall be issued on or after 

the effective date of this act if such area is located within 1/2 mile of a navigable stream used for 

interstate commerce or within one mile of an intake point for any public surface water supply 

system.

(2) Any permit, issued before the effective date of this act, to construct or operate a solid 

waste disposal area is hereby declared void if such area is not yet in operation and is located 

within 1/2 mile of a navigable stream used for interstate commerce or within one mile of an 

intake point for any public surface water supply system.

(3) The provisions of this subsection shall not be construed to prohibit: (A) Issuance of a 

permit for lateral expansion onto land contiguous to a permitted solid waste disposal area in 

operation on the effective date of this act; (B) issuance of a permit for a solid waste disposal area 

for disposal of a solid waste by-product produced on-site; (C) renewal of an existing permit for a 

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solid waste area in operation on the effective date of this act; or (D) activities which are 

regulated under K.S.A. 65-163 through 65-165 or 65-171d, and amendments thereto. 

(m) Before reviewing any application for a solid waste processing facility or solid waste 

disposal area, the secretary shall require the following information as part of the application: 

(1) Certification by the board of county commissioners or the mayor of a designated city 

responsible for the development and adoption of the solid waste management plan for the 

location where the processing facility or disposal area is or will be located that the processing 

facility or disposal area is consistent with the plan. This certification shall not apply to a solid 

waste disposal area for disposal of only solid waste produced on site from manufacturing and 

industrial processes or from on-site construction or demolition activities.

(2) If the location is zoned, certification by the local planning and zoning authority that the 

processing facility or disposal area is consistent with local land use restrictions or, if the location 

is not zoned, certification from the board of county commissioners that the processing facility or 

disposal area is compatible with surrounding land use. 

(3) For a solid waste disposal area permit issued on or after July 1, 1999, proof that the 

applicant either owns the land where the disposal area will be located or operates the solid waste 

disposal area for an adjacent or on-site industrial facility, if the disposal area is: (A) A municipal 

solid waste landfill; or (B) a solid waste disposal area that has: (i) A leachate or gas collection or 

treatment system; (ii) waste containment systems or appurtenances with planned maintenance 

schedules; or (iii) an environmental monitoring system with planned maintenance schedules or 

periodic sampling and analysis requirements. If the applicant does not own the land, the 

applicant shall also provide proof that the applicant has acquired and duly recorded an easement 

to the landfill property. The easement shall authorize the applicant to carry out landfill 

operations, closure, post-closure care, monitoring, and all related construction activities on the 

landfill property as required by applicable solid waste laws and regulations, as established in 

permit conditions, or as ordered or directed by the secretary. Such easement shall run with the 

land if the landfill property is transferred and the easement may only be vacated with the consent 

of the secretary. These requirements shall not apply to a permit for lateral or vertical expansion 

contiguous to a permitted solid waste disposal area in operation on July 1, 1999, if such 

expansion is on land leased by the permittee before April 1, 1999. 

History: L. 1970, ch. 264, § 7; L. 1974, ch. 352, § 160; L. 1977, ch. 221, § 3; L. 1981, ch. 

251, § 23; L. 1991, ch. 196, § 1; L. 1992, ch. 316, § 5; L. 1993, ch. 274, § 4; L. 1994, ch. 283, § 

3; L. 1997, ch. 140, § 4; L. 1999, ch. 112, § 1; L. 2001, ch. 127, § 2; L. 2002, ch. 101, § 1; L. 

2006, ch. 53, § 2; April 6. 

65-3409. Unlawful acts; penalties. (a) It shall be unlawful for any person to: 

(1) Dispose of any solid waste by open dumping, but this provision shall not prohibit: (A) 

The use of solid wastes, except for waste tires, as defined by K.S.A. 65-3424, and amendments 

thereto, in normal farming operations or in the processing or manufacturing of other products in 

a manner that will not create a public nuisance or adversely affect the public health; or (B) an 

individual from dumping or depositing solid wastes resulting from such individual's own 

residential or agricultural activities onto the surface of land owned or leased by such individual 

when such wastes do not create a public nuisance or adversely affect the public health or the 

environment. 

(2) Except as otherwise provided by K.S.A. 65-3407c, and amendments thereto, construct, 

alter or operate a solid waste processing or disposal facility or act as a waste tire transporter or 

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mobile waste tire processor, as defined by K.S.A. 65-3424, and amendments thereto, without a 

permit or be in violation of the rules and regulations, standards or orders of the secretary.

(3) Violate any condition of any permit issued under K.S.A. 65-3407 or 65-3424b, and 

amendments thereto.

(4) Conduct any solid waste burning operations in violation of the provisions of the Kansas 

air quality act.

(5) Store, collect, transport, process, treat or dispose of solid waste contrary to the rules and 

regulations, standards or orders of the secretary or in such a manner as to create a public 

nuisance.

(6) Refuse or hinder entry, inspection, sampling and the examination or copying of records 

related to the purposes of this act by an agent or employee of the secretary after such agent or 

employee identifies and gives notice of their purpose.

(7) Violate subsection (b) of K.S.A. 65-3424a, subsection (c) of K.S.A. 65-3424b or K.S.A. 

65-3424i, and amendments thereto.

(8) Divide a solid waste disposal area which has been issued a permit pursuant to K.S.A. 65-

3407, and amendments thereto, into two or more parcels of real property for the purpose of 

selling or transferring a portion of the permitted area to a new owner without receiving prior 

approval of the secretary. If the secretary does not approve or deny the division of the area within 

60 days after the matter is submitted to the secretary for approval, the division shall be deemed to 

have been approved. Approval pursuant to this subsection shall not be necessary for transfer of a 

permitted solid waste disposal area as allowed by subsection (i)(1) of K.S.A. 65-3407, and 

amendments thereto.

(b) No person shall be held responsible for failure to secure a permit under the provisions of 

this section for the dumping or depositing of any solid waste on land owned or leased by such 

person without such person's expressed or implied consent, permission or knowledge.

(c) Any person who violates any provision of subsection (a) shall be guilty of a class A 

misdemeanor and, upon conviction thereof, shall be punished as provided by law. 

History: L. 1970, ch. 264, § 9; L. 1974, ch. 352, § 162; L. 1977, ch. 221, § 4; L. 1981, ch. 

251, § 24; L. 1991, ch. 197, § 8; L. 1993, ch. 13, § 17; L. 1997, ch. 140, § 6; L. 2001, ch. 127, § 

4; July 1.

65-3410. Cities or counties authorized to provide for collection and disposal of solid 

wastes or contract therefor; fees; adoption of regulations and standards. (a) Each city or 

county or combination of such cities and counties may provide for the storage, collection, 

transportation, processing and disposal of solid wastes and recyclables generated within its 

boundaries; and shall have the power to implement any approved solid waste management plan 

and to purchase all necessary equipment, acquire all necessary land, build any necessary 

buildings, incinerators, transfer stations, or other structures, lease or otherwise acquire the right 

to use land or equipment and to do all other things necessary for a proper effective solid waste 

management system and recycling program including the levying of fees and charges upon 

persons receiving service. On or before the first day of July of each calendar year, the board of 

county commissioners of any county, may, by resolution establish a schedule of fees to be 

imposed on real property within any county solid waste and recyclables service area, revenue 

from such fees to be used: To implement an approved solid waste management plan, to conduct 

operations necessary to administer the plan and to carry out its purposes and provisions; or for 

the acquisition, operation and maintenance of county waste disposal sites; or for financing waste 

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collection, storage, processing, reclamation, disposal services and recycling programs, where 

such services are provided. In establishing the schedule of fees, the board of county 

commissioners shall classify the real property within the county solid waste and recyclables 

service area based upon the various uses to which the real property is put, the volume of waste 

occurring from the different land uses and any other factors that the board determines would 

reasonably relate the waste disposal and recyclable fee to the real property upon which it would 

be imposed. 

The board shall set a reasonable fee for each category established and divide the real 

property within the county service areas according to categories and ownership. The board shall 

impose the appropriate fee upon each division of land and provide for the billing and collection 

of such fees. The fees may be established, billed, and collected on a monthly, quarterly or yearly 

basis. Fees collected on a yearly basis may be billed on the ad valorem tax statement. Prior to the 

collection of any fees levied on real property by the board under this section, the board shall 

notify affected property owners by causing a copy of the schedule of fees to be mailed to each 

property owner to whom tax statements are mailed in accordance with K.S.A. 79-2001, and 

amendments thereto.

Any fees authorized pursuant to this section which remain unpaid for a period of 60 or more 

days after the date upon which they were billed may be collected thereafter by the county as 

provided herein. 

(1) At least once a year the board of county commissioners shall cause to be prepared a 

report of delinquent fees. The board shall fix a time, date, and place for hearing the report and 

any objections or protests thereto. 

(2) The board shall cause notice of the hearing to be mailed to the property owners listed on 

the report not less than 10 days prior to the date of the hearing. 

(3) At the hearing the board shall hear any objections or protests of property owners liable to 

be assessed for delinquent fees. The board may make such revisions or corrections to the report 

as it deems just, after which, by resolution, the report shall be confirmed. 

(4) The delinquent fees set forth in the report as confirmed shall constitute assessments 

against the respective parcels of land and are a lien on the property for the amount of such 

delinquent fees. A certified copy of the confirmed report shall be filed with the county clerk for 

the amounts of the respective assessments against the respective parcels of land as they appear 

on the current assessment roll. The lien created attaches upon recordation, in the office of the 

county clerk of the county in which the property is situated, of a certified copy of the resolution 

of confirmation. The assessment may be collected at the same time and in the same manner as 

ordinary county ad valorem property taxes are collected and shall be subject to the same 

penalties and the same procedure and sale in case of delinquency as provided for such taxes. All 

laws applicable to the levy, collection, and enforcement of county ad valorem property taxes 

shall be applicable to such assessment.

Any city collecting solid waste fees or charges may collect delinquent fees or charges for 

garbage and trash storage, collection and disposal in the manner provided for counties. 

(b) In carrying out its responsibilities, any such city or county may adopt ordinances, 

resolutions, regulations and standards to implement an approved solid waste management plan, 

to conduct operations necessary to administer the plan and to carry out its purposes and 

provisions; and for the storage, collection, transportation, processing and disposal of solid wastes 

and recyclables which shall be in conformity with the rules, regulations, standards and 

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procedures adopted by the secretary for the storage, collection, transportation, processing and 

disposal of solid wastes and recyclables.

(c) Cities or counties may contract with any person, city, county, other political subdivision 

or state agency in this or other states to carry out their responsibilities to implement an approved 

solid waste management plan including any operations necessary to administer the plan and 

carry out its purposes and provisions; and for the collection, transportation, processing and 

disposal of solid wastes and recyclables. History: L. 1970, ch. 264, § 10; L. 1972, ch. 239, § 1; 

L. 1974, ch. 257, § 1; L. 1974, ch. 352, § 163; L. 2004, ch. 163, § 4; L. 2009, ch. 117, § 1; July 1. 

65-3410a. Cities; counties; solid waste plan restrictions. 

(a) Except as provided by subsection (b), no city or county shall adopt by ordinance, 

resolution or in a solid waste management plan under K.S.A. 65-3405 or 65-3410, and 

amendments thereto, restrictions for any solid waste disposal area within its boundaries if such 

restrictions supersede or impair the local legislation of another city or county being serviced by 

the same solid waste disposal area or require another city or county to adopt new solid waste 

management requirements not currently required by statewide rules and regulations. 

(b) A city or county may adopt restrictions for a solid waste disposal area under subsection 

(a) if:

(1) The city or county owns the solid waste disposal area; and

(2) such restrictions apply to the residents of such city or county but not to residents of 

another city or county being serviced by the same solid waste disposal area.

(c) This section shall be part of and supplemental to the provisions of article 34 of chapter 65 

of the Kansas Statutes Annotated, and amendments thereto. 

(d) This section shall apply to any solid waste disposal area, including those in operation 

prior to July 1, 2014. 

History: L. 2013, ch. 129, § 1; L. 2014, H.B. 2551; July 1.

65-3410b. Solid waste report: secretary of health and environment; certain legislative 

committees.

(a) On or before January 1, 2014, the secretary of health and environment shall prepare, with 

review and input from operators of municipal solid waste landfills, haulers of solid waste, 

business and residential consumers of haulers of solid waste, cities and counties, a report on solid 

waste management in Kansas for the senate committee on ethics, elections and local government 

and the house committee on local government. The report shall include, but not be limited to, the 

following:

(1) A review of statutes, rules and regulations and policies on solid waste management, 

including, but not limited to, details on yard waste, recycling, generation rates, composting, 

precipitation, source reduction efforts, population, landfill capacity and gas recovery in landfills; 

and 

(2) recommendations for legislative changes and estimates of the cost of the state of 

implementing such changes.

(b) This section shall be part of and supplemental to the provisions of article 34 of chapter 65 

of the Kansas Statutes Annotated, and amendments thereto. 

History: L. 2013, ch. 129, § 2; July 1.

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65-3411. Orders to prevent pollution or hazard. If the secretary finds that the generation, 

accumulation, management or discharge of solid waste by any person is, or threatens to cause 

pollution of the land, air or waters of the state, or is a hazard to property in the area or to public 

health and safety, the secretary may order the person to alter the generation, accumulation or 

management of the solid waste or to provide and implement such solid waste management 

system as will prevent or remove pollution or hazards. The secretary may order any person 

having a permit issued pursuant to this act and operating a public or commercial solid waste 

management system, or any part thereof, which the secretary finds suitable to manage the solid 

waste, to provide and implement a solid waste management system or part thereof to prevent or 

remove such pollution or hazard. Such order shall specify a fair compensation to the owner or 

permittee for property taken or used and shall specify the terms and conditions under which the 

permittee shall provide such solid waste management services. Such order shall specify the 

length of time, after receipt of the order during which the person or permittee shall provide or 

implement the solid waste management system or alter the generation accumulation or 

management of the solid waste. 

History: L. 1970, ch. 264, § 11; L. 1974, ch. 352, § 164; L. 1977, ch. 221, § 5; L. 1981, ch. 

251, § 25; L. 1986, ch. 318, § 97; July 1.

65-3412. Hearings in accordance with Kansas administrative procedure act; judicial 

review. Any person aggrieved by an order or disapproval of the secretary pursuant to K.S.A. 65-

3411, and amendments thereto, may, within 15 days of service of the order, request in writing a 

hearing on the order. Hearings shall be conducted in accordance with the provisions of the 

Kansas administrative procedure act. Any action of the secretary pursuant to this section is 

subject to review in accordance with the Kansas judicial review act. 

History: L. 1970, ch. 264, § 12; L. 1974, ch. 352, § 165; L. 1986, ch. 318, § 98; L. 1988, ch. 

356, § 203; L. 2010, ch. 17, § 144; July 1.

65-3415. Solid waste grants. (a) The secretary is authorized to assist counties, designated 

cities or regional solid waste management entities by administering grants to pay up to 60% of 

the costs of preparing and revising official plans for solid waste management systems in 

accordance with the requirements of this act and the rules and regulations and standards adopted 

pursuant to this act, and for carrying out related studies, surveys, investigations, inquiries, 

research and analyses.

(b) The secretary is authorized to assist counties, designated cities, municipalities, regional 

solid waste management entities that are part of an interlocal agreement entered into pursuant to 

K.S.A. 12-2901 et seq. and amendments thereto or other applicable statutes, colleges, 

universities, schools, state agencies or private entities, by administering competitive grants that 

pay up to 75% of eligible costs incurred by such a county, city, regional entity, college, 

university, school, state agency or private entity pursuant to an approved solid waste 

management plan, for any project related to the development and operation of recycling, source 

reduction, waste minimization and solid waste management public education programs. Such 

projects shall include, but not be limited to, the implementation of innovative waste processing 

technologies which demonstrate nontraditional methods to reduce waste volume by recovering 

materials or by converting the waste into usable by-products or energy through chemical or 

physical processes. To be eligible for competitive grants awarded pursuant to this section, a 

county, designated city, regional entity, college, university, school, state agency or private entity 

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must be implementing a project which is part of a solid waste management plan approved by the 

secretary or implementing a project with statewide significance as determined by the secretary 

with the advice and counsel of the solid waste grants advisory committee.

(c) The secretary is authorized to assist counties, cities or regional solid waste management 

entities that are part of an interlocal agreement entered into pursuant to K.S.A. 12-2901 et seq. 

and amendments thereto or other applicable statutes, by administering grants that pay up to 60% 

of costs incurred by such a county, city or regional entity for: 

(1) The development or enhancement of temporary and permanent household hazardous 

waste programs operated in accordance with K.S.A. 65-3460 and amendments thereto; 

(2) the first year of operation following initial start-up of temporary and permanent 

household hazardous waste programs; and 

(3) educating the public regarding changes in household hazardous waste collection program 

operations or services. 

(d) The secretary is authorized to assist counties, cities or regional solid waste management 

entities that are part of an interlocal agreement entered into pursuant to K.S.A. 12-2901 et seq. 

and amendments thereto or other applicable statutes, by administering grants that pay up to 75% 

of costs incurred by such a county, city or regional entity to develop and implement temporary 

agricultural pesticide collection programs.

(e) The secretary is authorized to assist counties, cities or regional solid waste management 

entities that are part of an interlocal agreement entered into pursuant to K.S.A. 12-2901 et seq. 

and amendments thereto or other applicable statutes, by administering grants that pay up to 75% 

of costs incurred by such a county, city, or regional entity to develop and implement exempt 

small quantity hazardous waste generator waste collection programs, subject to the following: 

(1) The aggregate amount of all such grants made for a fiscal year shall not exceed 

$150,000; and 

(2) no grantee shall receive any such grants in an aggregate amount exceeding $50,000. 

(f) (1) Failure of any public or private entity to pay solid waste tonnage fees as required 

pursuant to K.S.A. 65-3415b, and amendments thereto, shall bar receipt of any grant funds by 

such entity until fees and related penalties have been paid.

(2) Failure of a county or regional authority to perform annual solid waste plan reviews and 

five year public hearings, and submit appropriate notification to the secretary that such actions 

have been carried out pursuant to K.S.A. 65-3405, and amendments thereto, shall bar receipt of 

any grant funds by any entity within the jurisdiction of such county or regional authority unless 

the grant would support a project expected to yield benefits to counties outside the jurisdiction of 

such county or regional authority. 

(3) A city, county, regional authority, college, university, school, state agency or private 

entity shall not be eligible to receive grants authorized in K.S.A. 65-3415, and amendments 

thereto, if the department determines that such city, county, regional authority, college, 

university, school, state agency or private entity is operating in substantial violation of applicable 

solid and hazardous waste laws or rules and regulations. 

(4) The secretary may establish additional minimum requirements for grant eligibility.

(g) If the secretary determines that a grant recipient has utilized grant moneys for purposes 

not authorized in the grant contract, the secretary may order the repayment of such moneys and 

cancel any remaining department commitments under the grant. If the grant recipient fails to 

comply with the secretary's order, the secretary may initiate a civil action in district court to 

recover any unapproved expenditures, including administrative and legal expenses incurred to 

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pursue such action. Recovered grant moneys or expenses shall be remitted to the state treasurer, 

who shall deposit the entire amount in the state treasury and credit it to the solid waste 

management fund. 

(h) All grants shall be made in accordance with appropriation acts from moneys in the solid 

waste management fund created by K.S.A. 65-3415a and amendments thereto. 

(i) Local match requirements for all solid waste grant programs may be met by in-kind 

contributions. 

History: L. 1970, ch. 264, § 15; L. 1974, ch. 352, § 168; L. 1992, ch. 316, § 6; L. 1995, ch. 

221, § 2; L. 1997, ch. 140, § 8; L. 2000, ch. 96, § 1; L. 2001, ch. 127, § 5; July 1. 

65-3415a. Solid waste management fund. (a) There is hereby created in the state treasury 

the solid waste management fund. 

(b) The secretary shall remit to the state treasurer, in accordance with the provisions of 

K.S.A. 75-4215, and amendments thereto, all moneys collected or received by the secretary from 

the following sources: 

(1) Solid waste tonnage fees imposed pursuant to K.S.A. 65-3415b, and amendments thereto; 

(2) application and annual fees provided for by K.S.A. 65-3407, and amendments thereto; 

(3) gifts, grants, reimbursements or appropriations intended to be used for the purposes of 

the fund, but excluding federal grants and cooperative agreements; and 

(4) any other moneys provided by law. 

Upon receipt of each such remittance, the state treasurer shall deposit in the state treasury 

any amount remitted pursuant to this subsection to the credit of the solid waste management 

fund. 

(c) Moneys in the solid waste management fund shall be expended for the following 

purposes: 

(1) Grants to counties or groups of counties or designated city or cities pursuant to K.S.A. 

65-3415, and amendments thereto; 

(2) monitoring and investigating solid waste management plans of counties and groups of 

counties; 

(3) payment of extraordinary costs related to monitoring permitted solid waste processing 

facilities and disposal areas, both during operation and after closure; 

(4) payment of costs of postclosure cleanup of permitted solid waste disposal areas which, as 

a result of a postclosure occurrence, pose a substantial hazard to public health or safety or to the 

environment; 

(5) emergency payment for costs of cleanup of solid waste disposal areas which were closed 

before the effective date of this act and which pose a substantial risk to the public health or safety 

or to the environment, but the total amount of such emergency payments during a fiscal year 

shall not exceed an amount equal to 50% of all amounts credited to the fund during the preceding 

fiscal year;

(6) payment for emergency action by the secretary as necessary or appropriate to assure that 

the public health or safety is not threatened whenever there is a release from a solid waste 

processing facility or a solid waste disposal area;

(7) payment for corrective action by the secretary at an active or closed solid waste 

processing facility or a solid waste disposal area where solid waste management activity has 

resulted in an actual or potential threat to human health or the environment, if the owner or 

operator has not been identified or is unable or unwilling to perform corrective action; 

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(8) payment of the administrative, technical and legal costs incurred by the secretary in 

carrying out the provisions of K.S.A. 65-3401 through 65-3423, and amendments thereto, 

including the cost of any additional employees or increased general operating costs of the 

department attributable therefor;

(9) development of educational materials and programs for informing the public about solid 

waste issues;

(10) direct payments to reimburse counties or cities for household, farmer or exempt small 

quantity generator hazardous wastes generated from persons not served by existing household 

hazardous waste programs or direct payment of contractors for the disposal costs of such wastes;

(11) payment of costs associated with the solid waste grants advisory board pursuant to 

K.S.A. 65-3426, and amendments thereto;

(12) with the consent of the city or county, payment for the removal and disposal or on-site 

stabilization of solid waste which has been illegally dumped when the responsible party is 

unknown, unwilling or unable to perform the necessary corrective action, provided that: (A) 

Moneys in the fund shall be used to pay only 75% of the costs of such corrective action and the 

city or county shall pay the remaining 25% of such costs; and (B) not more than $10,000 per site 

shall be expended from the fund for such corrective action;

(13) payment of the costs to administer regional or statewide waste collection programs 

designed to remove hazardous materials and wastes from homes, farms, ranches, institutions and 

small businesses not generally covered by state or federal hazardous waste laws and rules and 

regulations; and

(14) payment for the disposal of household hazardous waste generated as a result of 

community clean-up activities following natural disasters such as floods and tornados.

(d) If the secretary determines that expenditures from the solid waste management fund are 

necessary to perform authorized corrective actions related to solid waste management activities, 

the person or persons responsible for illegal dumping activity or the operation or long-term care 

of a disposal area whose failure to comply with this act, rules and regulations promulgated 

thereunder, or permit conditions resulted in such determination, shall be responsible for the 

repayment of those amounts expended. The secretary shall take appropriate action to enforce this 

provision against any responsible person. If amounts are recovered for payment for corrective 

action pursuant to subsection (c)(12), 25% of the amount recovered shall be paid to the city or 

county that shared in the cost of the corrective action. Otherwise, the secretary shall remit any 

amounts recovered and collected in such action to the state treasurer in accordance with the 

provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, 

the state treasurer shall deposit the entire amount in the state treasury to the credit of the solid 

waste management fund. Prior to initiating any corrective action activities authorized by this 

section, the secretary shall give written notice to the person or persons responsible for the waste 

to be cleaned up and to the property owner that the department will undertake corrective action if 

the responsible person or persons do not perform the necessary work within a specified time 

period. The department and its representatives are authorized to enter private property to perform 

corrective actions if the responsible party fails to perform required clean-up work but no such 

entry shall be made without the property owner's consent except upon notice and hearing in 

accordance with the Kansas administrative procedure act and a finding that the solid waste 

creates a public nuisance or adversely affects the public health or the environment.

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(e) Expenditures from the solid waste management fund shall be made in accordance with 

appropriations acts upon warrants of the director of accounts and reports issued pursuant to 

vouchers approved by the secretary or a person designated by the secretary.

(f) On or before the 10th of each month, the director of accounts and reports shall transfer 

from the state general fund to the solid waste management fund interest earnings based on:

(1) The average daily balance of moneys in the solid waste management fund for the 

preceding month; and

(2) the net earnings rate of the pooled money investment portfolio for the preceding month.

(g) The solid waste management fund shall be used for the purposes set forth in this act and 

for no other governmental purposes. It is the intent of the legislature that the fund shall remain 

intact and inviolate for the purposes set forth in this act, and moneys in the fund shall not be 

subject to the provisions of K.S.A. 75-3722, 75-3725a and 75-3726a, and amendments thereto.

(h) The secretary shall prepare and deliver to the legislature on or before the first day of each 

regular legislative session, a report which summarizes all expenditures from the solid waste 

management fund, fund revenues and recommendations regarding the adequacy of the fund to 

support necessary solid waste management programs. 

History: L. 1992, ch. 316, § 8; L. 1993, ch. 207, § 11; L. 1995, ch. 221, § 3; L. 1996, ch. 

253, § 15; L. 1997, ch. 140, § 9; L. 2000, ch. 96, § 2; L. 2001, ch. 5, § 243; July 1.

65-3417. Solid waste plans and programs; considerations; judicial review of secretary’s 

actions. (a) In developing solid waste plans or the implementation of a solid waste program in 

conformance with K.S.A. 65-3401 through 65-3415, and amendments thereto, and rules and 

regulations adopted thereunder, cities, counties or multiples or combinations thereof shall 

consider demographic and geographic differences within their area of jurisdiction in 

promulgating solid waste plans and programs, and the board shall consider the demographic and 

geographic variations in giving approval or denying approval of such plans and programs.

(b) Any action of the secretary pursuant to the provisions of article 34 of chapter 65 of the 

Kansas Statutes Annotated, and amendments thereto, is subject to review in accordance with the 

Kansas judicial review act. 

History: L. 1973, ch. 257, § 1; L. 1975, ch. 462, § 104; L. 1986, ch. 318, § 99; L. 2010, ch. 

17, § 145; July 1.

65-3418. Vesting of title to solid waste; liability of generator; authority of resource 

recovery facilities provided by cities or counties or combinations thereof; contracts. (a) 

Title to the solid waste collected, processed or disposed of in accordance with the provisions of 

this act and the rules and regulations adopted thereunder shall vest in the owner of the solid 

waste management activity, area or facility in which the solid waste is placed. Solid waste 

produced from a discrete source disposed of in ways other than in accordance with this act shall 

remain the property of the generator and the generator shall be liable for removal of the waste, 

restoration of the area in which the waste was disposed and to provide for lawful disposal of the 

waste. It shall not constitute a defense to the generator that the generator acted through an 

independent contractor in the transportation or disposal of the solid waste.

(b) When a city or a county or any combination of cities or counties, or both, provides by 

contract for a resource recovery facility or facilities to recover materials or energy from solid 

wastes as a part of an approved solid waste management plan, the resource recovery facility or 

facilities shall have sole ownership, utilization and disbursement control of all waste collected by 

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that facility or facilities or delivered to that facility or facilities and shall have the power to sell 

recovered or recycled materials or energy. Such provision shall be interpreted to include either 

active participation and financial support of such resource recovery facility or facilities or 

oversight and regulatory control of such facility or facilities by the local governments. A 

resource recovery facility may contract to dispose of materials or products as allowed by rules 

and regulations of the secretary adopted pursuant to K.S.A. 65-3401 et seq., and amendments 

thereto and conditions as set by the original owner of such materials delivered for disposal and 

resource recovery, so as to avoid reuse or resale of such special products or materials. Nothing 

herein shall be construed to prohibit or limit private waste collectors from extracting from the 

waste they collect, prior to delivery to the resource recovery facility, any materials that may have 

value to such collectors for purposes of recycling, reuse or resale. 

History: L. 1977, ch. 221, § 6; L. 1981, ch. 251, § 26; L. 1984, ch. 239, § 1; July 1. 

65-3419. Violations of act; penalties; procedure; injunctions. (a) Any person who 

violates any provision of subsection (a) of K.S.A. 65-3409, and amendments thereto, shall incur, 

in addition to any other penalty provided by law, a civil penalty in an amount of up to $5,000 for 

every such violation and, in the case of a continuing violation, every day such violation 

continues shall be deemed a separate violation. 

(b) The director of the division of environment, upon a finding that a person has violated any 

provision of subsection (a) of K.S.A. 65-3409, and amendments thereto, may impose a penalty 

within the limits provided in this section, which penalty shall constitute an actual and substantial 

economic deterrent to the violation for which it is assessed. 

(c) No penalty shall be imposed pursuant to this section except upon the written order of the 

director of the division of environment to the person who committed the violation. Such order 

shall state the violation, the penalty to be imposed and the right of such person to appeal to a 

hearing before the secretary of health and environment. Any such person may, within 15 days 

after service of the order, make written request to the secretary for a hearing thereon. Hearings 

under this subsection shall be conducted in accordance with the provisions of the Kansas 

administrative procedure act.

(d) Any action of the secretary pursuant to subsection (c) is subject to review in accordance 

with the Kansas judicial review act.

(e) Notwithstanding any other provision of this act, the secretary, upon receipt of 

information that the storage, transportation, processing, treatment or disposal of any waste may 

present a substantial hazard to the health of persons or to the environment or for a threatened or 

actual violation of this act or rules and regulations adopted pursuant thereto, or any orders issued 

pursuant thereto, or any permit conditions required thereby, may take such action as the secretary 

determines to be necessary to protect the health of such persons or the environment. The action 

the secretary may take shall include, but not be limited to:

(1) Issuing an order directing the owner, generator, transporter or the operator of the 

processing, treatment or disposal facility or site, or the custodian of the waste, which constitutes 

such hazard or threatened or actual violation, to take such steps as are necessary to prevent the 

act or eliminate the practice which constitutes such hazard. Such action may include, with 

respect to a facility or site, permanent or temporary cessation of operation. 

(2) Commencing an action to enjoin acts or practices specified in paragraph (1) or requesting 

that the attorney general or appropriate district or county attorney commence an action to enjoin 

those acts or practices or threatened acts or practices. Upon a showing by the secretary that a 

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person has engaged in those acts or practices or intends to engage in those acts or practices, a 

permanent or temporary injunction, restraining order or other order may be granted by any court 

of competent jurisdiction. An action for injunction under this paragraph (2) shall have 

precedence over other cases in respect to order of trial.

(3) Applying to the district court in the county in which an order of the secretary under 

paragraph (1) will take effect, in whole or in part, for an order of that court directing compliance 

with the order of the secretary. Failure to obey the court order shall be punishable as contempt of 

the court issuing the order. The application under this paragraph (3) for a court order shall have 

precedence over other cases in respect to order of trial.

(f) In any civil action brought pursuant to this section in which a temporary restraining order, 

preliminary injunction or permanent injunction is sought, it shall not be necessary to allege or 

prove at any stage of the proceeding that irreparable damage will occur should the temporary 

restraining order, preliminary injunction or permanent injunction not be issued or that the remedy 

at law is inadequate, and the temporary restraining order, preliminary injunction or permanent 

injunction shall issue without such allegations and without such proof. 

History: L. 1977, ch. 221, § 7; L. 1986, ch. 318, § 100; L. 1988, ch. 356, § 204; L. 1989, ch. 

186, § 31; L. 1992, ch. 316, § 7; L. 2010, ch. 17, § 146; July 1. 

65-3421. Resource recovery facilities provided by cities or counties; contracts. When a city 

or a county or combination of cities or counties provides for a facility or facilities to recover 

materials or energy as a part of an approved solid waste management plan, any city, county or 

state agency may enter into a long-term contract to supply solid waste to the resource recovery 

facility or facilities; to construct, operate and maintain or construct or operate or maintain such 

facilities; to contract with a private entity for the construction, operation and maintenance of 

such facilities; to market materials or energy recovered from such facility or facilities; or to 

utilize such facility or facilities to conserve materials or energy by reducing the volume of solid 

waste. For the purpose of this section "long-term" shall mean a period of not less than 10 nor 

more than 30 years. All long-term contracts negotiated under this section shall be reviewed and 

approved by the attorney general before becoming effective. 

History: L. 1981, ch. 251, § 27; L. 1984, ch. 239, § 2; July 1. 

65-3423. Same; contracts with private persons for performance of certain functions; 

authority of private entities. (a) When a city or a county or any combination of cities or 

counties, or both, provides for a facility or facilities to recover materials or energy as a part of an 

approved solid waste management plan, the city or county or the separate legal entity created to 

govern the combination of cities or counties, or both, if such an entity exists, may enter into 

contracts with private persons for the performance of any such functions of the plan which, in the 

opinion of the city or county or such separate legal entity, can desirably and conveniently be 

carried out by a private person under contract provided any such contract shall contain such 

terms and conditions as will enable the city or county or such separate legal entity to retain 

overall supervision and control of the business, design, operating management, transportation, 

marketing, planning and research and development functions to be carried out or to be performed 

by such private persons pursuant to such contract. Such contracts may be entered into either on a 

negotiated or an open-bid basis, and the city or county or such separate legal entity in its 

discretion may select the type of contract it deems most prudent to utilize considering the scope 

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of work, the management complexities associated therewith, the extent of current and future 

technological development requirements and the best interests of the state.

(b) Private entities may construct, operate, maintain and own resource recovery facilities; 

form contracts to supply solid waste to the resource recovery facility or facilities; form contracts 

to market materials or energy recovered from such facility or facilities; or utilize such facility or 

facilities to conserve materials or energy by reducing the volume of solid waste under the 

supervision of and with the approval of the city or county or such separate legal entity, subject to 

the approval of the Kansas department of health and environment, and in accordance with the 

approved local solid waste management plan. 

History: L. 1984, ch. 239, § 4; July 1.

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28-29-4 KANSAS DEPT. OF HEALTH AND ENVIRONMENT

10

uifer likely to be impacted by contamination from

the facility. This term shall include the migration

pathway to the aquifer and shall extend to the first

demonstrated aquiclude. This term shall also include perched water tables, which are locally elevated water tables above a discontinuouslowpermeability layer that is within a relatively higherpermeability layer.

(ppp) ‘‘Vegetative food waste’’ means food waste

and food processing waste from materials

including fruits, vegetables, and grains. Vegetative

food waste shall not refer to animal productsor byproducts, including dairy products, animal fat,

bones, and meat.

(qqq) ‘‘Vertical expansion’’ means an increase in

the design capacity of an existing unit by increasing the final elevation limit of the unit.

(rrr) ‘‘Water pollution’’means contamination or

alteration of the physical, chemical, or biolog-ical

properties of any waters of the state that cre-ates a

nuisance or that renders these waters harm-ful to

public health, safety, or welfare; harmful to the

plant, animal, or aquatic life of the state; or

unsuitablefor beneficial uses.

(sss) ‘‘Working face’’ means any part of a solid

waste disposal area where waste is being disposed

of.

(ttt) ‘‘Yard waste’’ means vegetative waste generated from ordinary yard maintenance, including

grass clippings, leaves, branches less than 0.5

inches in diameter, wood chips and ground wood

less than 0.5 inches in diameter, and garden

wastes. (Authorized by and implementing K.S.A.

65-3406; effective Jan. 1, 1972; amended, E-79-

22, Sept. 1, 1978; amended May 1, 1979;

amended, E-82-8, April 10, 1981; amended May 1,

1982; amended Oct. 1, 1999; amended May 30,

2003.)

28-29-4.(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

May 1, 1982.)

28-29-5. (Authorized by K.S.A. 65-3406; effective 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.)

28-29-6. Permits and engineering plans.

(a) Application for permits. Every person desiring

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 wishes

to start construction, alteration, or operation of

the disposal area or processing facility. The application shall be on forms furnished by the

department.

(b) Design plans and engineering reports.

(1) Design and closure plans and engineering

reports required under these regulations shall

bear the seal and signature of a professional engineer licensed to practice in Kansas.

(2) Waiver. Plans, designs, and relevant data

for the construction of the following solid waste

disposal areas and processing facilities, need not

be prepared by a professional engineer provided

that a review of these plans is conducted by a professional engineer licensed to practice in Kansas:

(A) Solid waste processing facilities when the

equipment is originally manufactured for those

purposes and installation is supervised by the vendor, or when the equipment requires only fencing,

buildings, and connection to utility lines to be

operational;

(B) Construction and demolition landfills; and

(C) Solid waste disposal areas considered by

the department to be located in secure geological

formations, which are a part of a solid waste management system established pursuant to K.S.A.

65-3401 et seq., and which are expected to receive

less than one hundred (100) tons of solid waste

annually.

(c) Permit considerations. Any permit issued

by the secretary shall, where appropriate, be reviewed with respect to all responsibilities within

the department.

(d) Transfer of permits. Before any assignment,

sale, conveyance, or transfer of all or any part of

the property upon which a solid waste processing

facility, or solid waste disposal area is or has been

located, and before any change in the responsibility of operating a processing facility or disposal

area is made, the permittee shall notify the department, in writing, of the intent to transfer title

or operating responsibility, at least thirty (30) days

in advance of the date of transfer. The person to

whom the transfer is to be made shall not operate

the solid waste processing facility or disposal area

until the secretary issues a permit to that person.

The person to whom the transfer is to be made

shall submit the following:

(1) A permit application and plans, maps, and

data as required by subsection (a) of this

regulation;

Kansas Administrative Regulations (K.A.R.)

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SOLID WASTE MANAGEMENT 28-29-6a

11

(2) Plans satisfactory to the department for

correcting any existing permit violations; and

(3) Substantiation in writing that the applicant

has copies of all approved maps, plans, and specifications relating to the solid waste processing facility or disposal area.

(e) Conformity with official plan. Permits shall

not be issued by the secretary until the applicant

has secured, from the board of county commissioners or from the mayor of an incorporated city

having an official plan, certification that the proposed facility is consistent with the official plan.

This approval shall not be required when the official plan does not provide for management of the

solid waste(s) to be processed or disposed.

(f) Reopening closed sites or facilities. Any person proposing to reopen, excavate, disrupt, or remove any solid waste from any solid waste disposal

area where operations have been terminated shall

secure a new permit as specified in paragraph (a)

of this regulation. Applications for a permit shall

include, where applicable, an operational plan

stating the area involved, lines and grades defining

limits of excavation, estimated number of cubic

yards of material to be excavated, location where

excavated solid waste is to be deposited, the estimated time required for excavation, and a plan for

restoring the site.

(g) Emergency provisions. In emergency situations involving solid waste which requires storage, transportation, or disposal on a one-time basis

or other special cases where strict adherence to

these regulations would result in undue hardships

or unnecessary delays, the department can prescribe on a case-by-case basis, the procedures and

conditions necessary for the safe and effective

management of the wastes. The generator shall

not take action in these cases except as immediately necessary for the protection of human health

or the environment, until the action is approved

by the department. (Authorized by K.S.A. 1981

Supp. 65-3406; implementing K.S.A. 1981 Supp.

65-3406, 65-3407; effective, E-79-22, Sept. 1,

1978; effective May 1, 1979; amended, E-82-8,

April 10, 1981; amended May 1, 1982.)

28-29-6a. 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

waste landfill permit action has been proposed under K.A.R. 28-29-6 or when a public hearing has

been scheduled pursuant to subsection (b) of this

regulation.

(A) Public notice shall be required for a draft

permit or any proposed significant modifications

to a permit by the department.

(B) Public notice shall be required for any public hearing on a permit action.

(C) A public notice shall not be required when

suspension, denial or revocation, or non-significant modification of a permit is proposed by the

department.

(D) A public notice may describe more than

one permit action or hearing.

(E) Each public notice shall be published not

less than 30 days prior to the hearing or proposed

action.

(2) Procedures.

(A) Each public notice shall be published in

the Kansas register.

(B) Where a proposed action or hearing may

generate significant local interest, a public notice

shall also be published in a newspaper having major circulation in the vicinity of the proposed action or hearing.

(3) Contents of public notice. Each public notice issued under this regulation shall contain the

following information:

(A) The name and address of the office processing the permit action for which notice is being

given;

(B) the name and location of the facility for

which the permit action is proposed;

(C) a map of the facility for which the permit

action is proposed;

(D) a brief description of the activity to be conducted at the facility for which the permit action

is proposed;

(E) the name, address, and telephone number

of the person from whom interested persons may

obtain or review additional information;

(F) the time and place of any hearing that will

be held; and

(G) a brief description of the comment procedures outlined in subsections (b) and (c) of this

regulation.

(b) Public comments. During the public comment period provided in subsection (a) of this regulation, any interested person may submit written

comments. All comments, except those concerning determinations by local government units that

the proposed permit action conforms with the official plan, shall become a part of the permit recA-26
28-29-7 KANSAS DEPT. OF HEALTH AND ENVIRONMENT

12

ord and shall be considered in making a final decision on the proposed permit action.

(c) Public hearings. If the department determines there is sufficient local interest in a proposed permit action, a public hearing may be

scheduled. All written and verbal comments received during a public hearing provided in subsection (a) of this regulation shall become a part

of the permit record and be considered in making

a final decision on the proposed permit action.

(d) Response to comments. A response to comments shall be issued at the time any final permit

decision is issued. The response shall be available

to the public and shall:

(1) Specify what, if any, changes were made to

the proposed action as a result of public comment;

and

(2) briefly respond to any significant comments

received during the public comment period. (Authorized by K.S.A. 65-3406; amended by L. 1993,

Ch. 274, Sec. 2; implementing K.S.A. 65-3401; effective March 21, 1994.)

28-29-7. 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 conditions, procedures, and changes necessary to comply with these and other state or federal laws and

regulations.

(b) When the department determines that a

solid waste has or may have value as a recoverable

resource, a permit may require or may be modified to require segregation of the materials, processing, separate disposal, and marking to allow future retrieval of the materials.

(c) The department may specify conditions or

a date upon which each permit will expire. (Authorized by K.S.A. 1981 Supp. 65-3406; implementing K.S.A. 1981 Supp. 65-3406, 65-3407; effective, E-79-22, Sept. 1, 1978; effective May 1,

1979; amended, E-82-8, April 10, 1981; amended

May 1, 1982.)

28-29-8. Modifications of permits. (a)

The permittee shall notify the department in writing at least thirty (30) days before any proposed

modification of operation or construction from

that described in the plan of operation or permit.

The permittee shall not proceed with the modification until the department provides written

approval.

(b) The department may at any time modify a

permit or any term or condition of a permit to

include: special conditions required to comply

with the requirements of these regulations; to

avoid hazards to public health, or the environment

or to abate a public nuisance; or to include modifications proposed by the permittee and approved

by the department. Permits may be modified

when:

(1) The permittee is not able to comply with

the terms or conditions of the permit due to an

act of God, a strike against someone other than

the permittee, material shortage, or other conditions over which the permittee has little or no control; or

(2) New technology that can provide significantly better protection for health and environmental resources of the state becomes available.

(c) The permittee shall take prompt action to

comply with the new special conditions, or within

fifteen (15) days of receipt of notification of the

new special conditions, request a hearing before

the secretary in accordance with K.S.A. 65-3412.

(Authorized by and implementing K.S.A. 1981

Supp. 65-3406; effective, E-79-22, Sept. 1, 1978;

effective May 1, 1979; amended, E-82-8, April 10,

1981; amended May 1, 1982.)

28-29-9. Suspension of permits. (a) A

permit shall be suspended by the department

when in the opinion of the secretary this action is

necessary to protect the public health or welfare,

or the environment. The secretary shall notify the

permittee of the suspension and the effective

date. At the time of giving this notice, the secretary shall identify items of noncompliance with the

requirements of these regulations or with conditions of the permit and shall specify deficiencies

which the permittee shall correct, actions which

the permittee shall perform, and the date or dates

by which the permittee shall submit a plan detailing corrective action taken or to be taken in

order to achieve compliance.

(b) The suspension shall remain in effect until

the deficiencies are corrected to the satisfaction

of the secretary or until the secretary makes a final

determination based on the outcome of a hearing

requested by the permittee under the provision of

K.S.A. 65-3412 or amendments of that statute.

The determination may result in termination of

the suspension, continuation of the suspension, or

modification or revocation of the permit.

(c) Permits shall be suspended for failure to

pay the permit fee required by K.S.A. 65-3407 or

amendments of that statute. (Authorized by

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SOLID WASTE MANAGEMENT 28-29-12

13

K.S.A. 1981 Supp. 65-3406; implementing K.S.A.

1981 Supp. 65-3406, 65-3407; effective, E-79-22,

Sept. 1, 1978; effective May 1, 1979; amended, E82-8, April 10, 1981; amended May 1, 1982.)

28-29-10. Denial or revocation of permits. (a) A permit may be denied or revoked for

any of the following reasons:

(1) Misrepresentation or omission of a significant fact by the permittee either in the application

for the permit or in information subsequently reported to the department;

(2) Improper functioning or operation of processing facility or the disposal area that causes pollution or degradation of the environment or the

creation of a public health hazard or a nuisance;

(3) Violation of any provision of K.S.A. 65-3401

et seq. or these rules and regulations or other restrictions set forth in the permit or in a variance;

(4) Failure to comply with the official plan; or

(5) Failure to comply with an order or a modification to a permit issued by the secretary.

(b) Any person aggrieved by the denial or revocation of a permit may request a hearing under

the provision of K.S.A. 65-3412 or amendments

of that statute. (Authorized by K.S.A. 1981 Supp.

65-3406; implementing K.S.A. 1981 Supp. 65-

3406, 65-3407; effective, E-79-22, Sept. 1, 1978;

effective May 1, 1979; amended, E-82-8, April 10,

1981; amended May 1, 1982.)

28-29-11. (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.)

28-29-12. Notification of closure, closure plans, and long-term care. (a) Notification

of closure. All permittees shall notify the department in writing at least 60 days before closure.

(b) Closure plans. Persons desiring to obtain a

permit shall file a site closure plan at the time a

permit application is submitted. The closure plan

shall delineate the finished construction of the

processing facility or disposal area after closure.

Closure plans for disposal areas shall also provide

for long-term care when wastes are to remain at

the area after closure. The plan shall be updated

at the time of permit renewal or at the time notice

of modification is submitted in accordance with

K.A.R. 28-29-8(a), or at the time the notice of closure is submitted.

(c) If wastes are to remain at the disposal area

after closure, the closure plan may be required by

the department to be prepared by a professional

engineer licensed to practice in Kansas. Upon

completion of all the procedures provided for in

the closure plan, the engineer shall certify that the

disposal area was closed in accordance with the

plan.

(d) Closure plan contents. The closure plan

shall include the following when determined applicable by the secretary:

(1) Plans for the final contours, type and depth

of cover material, landscaping, and access control;

(2) final surface water drainage patterns and

runoff retention basins;

(3) plans for the construction of liners, leachate

collection and treatment systems, gas migration

barriers or other gas controls;

(4) cross sections of the site that delineate the

disposal or storage locations of wastes. The cross

sections shall depict liners, leachate collection systems, the waste cover, and other applicable

details;

(5) plans for the post-closure operation and

maintenance of liners, leachate and gas collection

and treatment systems, cover material, runoff retention basins, landscaping, and access control;

(6) removal of all solid wastes from processing

facilities;

(7) plans for monitoring and surveillance activities after closure;

(8) recording of a detailed site description, including a plot plan, with the department. The plot

plan shall include the summaries of the logs or

ledgers of waste in each cell, depth of fill in each

cell, and existing conditions;

(9) a financial plan for utilization of the surety

bond or cash bond required by K.S.A. 65-3407;

and

(10) an estimate of the annual post-closure and

maintenance costs.

(e) Long-term care. The owner of a solid waste

disposal area, where the wastes are not removed

as a part of the closure plan, shall provide longterm care for a period of at least 30 years following

approval by the department of completion of the

procedures specified in the closure plan. At the

time of application for, or at the time of closure

of, a solid waste disposal area permit, additional

periods of long-term care may be specified by the

secretary as the secretary deems necessary to protect public health or welfare, or the environment.

(Authorized by K.S.A. 1996 Supp. 65-3406, as

amended by L. 1997, Ch. 139, Sec. 1; implementing K.S.A. 1996 Supp. 65-3406, as amended

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28-29-13 KANSAS DEPT. OF HEALTH AND ENVIRONMENT

14

by L. 1997, Ch. 139, Sec. 1, and 65-3407, as

amended by L. 1997, Ch. 140, Sec. 4; effective,

E-79-22, Sept. 1, 1978; effective May 1, 1979;

amended, E-82-8, April 10, 1981; amended May

1, 1982; amended July 10, 1998.)

28-29-13.(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.)

28-29-14. (Authorized by K.S.A. 65-3406;

effective 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.)

28-29-15. (Authorized by K.S.A. 65-3406,

65-3407; effective, E-79-22, Sept. 1, 1978; effective May 1, 1979; amended, E-82-8, April 10,

1981; revoked May 1, 1982.)

28-29-16. Inspections. (a) The secretary

or any duly authorized representative of the secretary, at any reasonable hour of the day, having

identified themselves and giving notice of their

purpose, may:

(1) Enter a factory, plant, construction site,

solid waste disposal area, solid waste processing

facility, or any environment where solid wastes are

generated, stored, handled, processed, or disposed, and inspect the premises and gather information of existing conditions and procedures;

(2) Obtain samples of solid waste from any person or from the property of any person, including

samples from any vehicle in which solid wastes are

being transported;

(3) Drill test wells on the affected property of

any person holding a permit or liable for a permit

under K.S.A. 65-3407 or amendments of that statute and obtain samples from the wells;

(4) Conduct tests, analyses, and evaluations of

solid waste to determine whether the requirements of these regulations are otherwise applicable to, or violated by, the situation observed during the inspection;

(5) Obtain samples of any containers or labels;

and

(6) Inspect and copy any records, reports, information, or test results relating to wastes generated, stored, transported, processed, or

disposed.

(b) If during the inspection, unidentified or

unpermitted waste storage or handling procedures are discovered, the department’s representative may instruct the operator of the facility to

retain and properly store solid or hazardous

wastes, pertinent records, samples, and other

items. These materials shall be retained by the

operator until the identification and handling of

the waste is approved by the department.

(c) When obtaining samples, the department’s

representative shall allow the facility operator to

collect duplicate samples for separate analysis.

Analytical data that might reveal trade secrets

shall be treated as confidential by the department,

when requested by the owner. (Authorized by and

implementing K.S.A. 1981 Supp. 65-3406; effective, E-79-22, Sept. 1, 1978; effective May 1, 1979;

amended, E-82-8, April 10, 1981; amended May

1, 1982.)

28-29-17. (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.)

28-29-17a. This regulation shall bere-voked

on and after February 24, 2000. (Author-ized by

K.S.A. 1983 Supp. 65-3406; implementing K.S.A.

1983 Supp. 65-3406, 65-3407; effective, E- 82-8,

April 10, 1981; effective May 1, 1982; amended,

T-84-41, Dec. 21, 1983; amended May 1, 1984;

revoked Feb. 24, 2000.)

28-29-17b. This regulation shall bere-voked

on and after February 24, 2000. (Author-ized by

K.S.A. 1983 Supp. 65-3406; implementing K.S.A.

1983 Supp. 65-3406, 65-3407; effective May 1,

1982; amended, T-84-41, Dec. 21, 1983; amended

May 1, 1984; revoked Feb. 24, 2000.)

28-29-18. (Authorized byK.S.A. 1983 Supp.

65-3406; implementing K.S.A. 1983 Supp.

65-3406, 65-3407; effective, E-79-22, Sept. 1,

1978; effective May 1, 1979; amended, E-82-8,

April 10, 1981; amended May 1, 1982; amended,

T-84-41, Dec. 21, 1983; amended May 1, 1984;

revoked March 22, 2002.)

28-29-19. Monitoring required. As a

condition for issuing a permit, the secretary may

require the approval, installation, and operation of

environmental quality monitoring systems before

the acceptance of solid wastes for storage, processing, or disposal. Approval of the monitoring

system(s) will be based on the following:

(a) The location of monitoring wells, air monitoring stations, and other required sampling

points;

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SOLID WASTE MANAGEMENT 28-29-20

15

(b) Plans and specifications for the construction of the monitoring systems;

(c) Frequency of sampling; and

(d) Analyses to be performed. (Authorized by

K.S.A. 1981 Supp. 65-3406; implementing K.S.A.

1981 Supp. 65-3406, 65-3407; effective, E-79-22,

Sept. 1, 1978; effective May 1, 1979; amended, E82-8, April 10, 1981; amended May 1, 1982.)

28-29-20. Restrictive covenants and

easements. (a) Permitted soild waste disposal areas. Each owner of a solid waste disposal area that

is required to have a permit and where wastes will

remain at the solid waste disposal area after closure may be required by the secretary to execute

a restrictive covenant or easement, or both. The

restrictive covenant with the register of deeds’

stamp or the easement, or both, shall be submitted to the department before the permit is issued.

(b) Solid waste disposal areas without a permit.

Each owner of a solid waste disposal area approved by the secretary under K.S.A. 65-3407c,

and amendments thereto, may be required by the

secretary to execute a restricitive covenant.

(c) Restrictive covenant. If required, the owner

shall execute and file with the county register of

deeds a restrictive covenant to run with the land

that fulfills the following requirements:

(1) Covers all areas that have been or will be

used for waste disposal;

(2) specifies the location of the solid waste disposal area. Acceptable methods to determine the

location shall include the following:

(A) Obtaining a legal description by measuring

from the property boundaries;

(B) obtaining a legal description by measuring

from a permanent survey marker or benchmark;

and

(C) obtaining the latitude and longitude, accurate to within five meters, using a global positioning system;

(3) specifies the uses that may be made of the

solid waste disposal area after closure;

(4) requires that use of the property after closure be conducted in a manner that preserves the

integrity of waste containment systems designed,

installed, and used during operation of the solid

waste disposal areas, or installed or used during

the postclosure maintenance period;

(5) requires the owner or tenant to preserve

and protect all permanent survey markers and

benchmarks installed at the solid waste disposal

area;

(6) requires the owner or tenant to preserve

and protect all environmental monitoring stations

installed at the solid waste disposal area;

(7) requires subsequent property owners or

tenants to consult with the department during

planning of any improvement to the site and to

receive approval from the department before

commencing any of the following:

(A) Excavation or construction of permanent

structures;

(B) construction of drainage ditches;

(C) alteration of contours;

(D) removal of waste materials stored on the

site;

(E) changes in vegetation grown on areas used

for waste disposal;

(F) production, use, or sale of food chain crops

grown on land used for waste disposal; or

(G) removal of security fencing, signs, or other

devices installed or used to restrict public access

to waste storage or solid waste disposal areas; and

(8) provides terms whereby modifications to

the restrictive covenant or other land uses may be

initiated or proposed by property owners.

(d) Easement. If required, the owner shall execute an easement allowing the secretary, or the

secretary’s designee, to enter the premises to perform any of the following:

(1) Complete items of work specified in the

site closure plan;

(2) perform any item of work necessary to

maintain or monitor the area during the postclosure period; or

(3) sample, repair, or reconstruct environmental monitoring stations constructed as part of the

site operating or postclosure requirements.

(e) Conveyance of easement, title, or other interest to real estate. Each offer or contract for the

conveyance of easement, title, or other interest to

real estate used for the long-term storage or disposal of solid waste shall contain a complete disclosure of all terms, conditions, and provisions for

long-term care and subsequent land uses that are

imposed by these solid waste regulations or the

solid waste disposal area permit. The conveyance

of title, easement, or other interest in the property

shall not be consummated without adequate and

complete provisions for the continued maintenance of waste containment and monitoring

systems.

(f) Permanence. All covenants, easements, and

other documents related to this regulation shall

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16

be permanent, unless extinguished by agreement

between the property owner and the secretary.

(g) Fees. All document-recording fees shall be

paid by the property owner.

(h) Federal government applicants and

owners.

(1) For federal government applicants and

owners, the term ‘‘restrictive covenant’’ shall be

replaced with ‘‘notice of restrictions’’ throughout

this regulation.

(2) The restrictions shall be recorded in the

base master plans or similar documents.

(3) If property that is owned by the federal

government and that has a notice of restrictions

filed according to this regulation is transferred to

an entity other than the federal government, at

the time of transfer the owner shall file a restrictive covenant that meets the requirements of this

regulation. (Authorized by K.S.A. 65-3406; implementing K.S.A. 65-3406, 65-3407; effective, E-79-

22, Sept. 1, 1978; effective May 1, 1979; amended,

E-82-8, April 10, 1981; amended May 1, 1982;

amended May 30, 2003.)

28-29-20a. Laboratory certification. All

monitoring analyses required under K.A.R. 28-29-

19, and amendments to it, shall be conducted by

a laboratory certified or approved by the department to perform these analyses. Laboratories desiring to be certified to perform these analyses

shall comply with all conditions, procedures, standards, and fee requirements specified in K.A.R.

28-15-35 and 28-15-37, and amendments to them.

(Authorized by and implementing K.S.A. 1981

Supp. 65-3406; effective, E-82-8, April 10, 1981;

effective May 1, 1982.)

PART 2.—STANDARDS FOR MANAGEMENT

OF SOLID WASTES/COMPOSTING

28-29-21. Storage of solid wastes. (a)

General. The owner or occupant or both of any

premise, business establishment, or industrial

plant shall provide sanitary storage for all solid

waste not classified as hazardous wastes produced

on his or her property which meets standards set

forth in these regulations and the official plan for

the area. All solid waste shall be stored so that it:

does not attract disease vectors; does not provide

shelter or a breeding place for disease vectors;

does not create a health or safety hazard; is not

unsightly; and the production of offensive odors is

minimized. Each premise shall be provided with a

sufficient numberof acceptablecontainers to

accommodate all solid waste materials other than

bulky wastes that accumulate on the premises between scheduled removals of these materials. On

premises where the quantity of solid wastes generated is sufficient to make the use of individual

storage containers impractical, bulk containers

may be used for storage of refuse. The bulk container may be equipped with compaction equipment and shall be a size, design, and capacity compatible with the collection equipment. Containers

shall be constructed of durable metal or plastic

material, be easily cleaned, and be equipped with

tight-fitting lids or doors that can be easily closed

and opened.

(b)Specific storage standards.

(1) Garbageand putresciblewastes shall be

stored in:

(A) Rigid containers that are durable,rust resistant, nonabsorbent,water tight, and rodent

proof. The container shall be easily cleaned, fixed

with close-fitting lids, fly-tight covers, and provided with suitable handles or bails to facilitate

handling;

(B) Rigid containers equipped with disposable

liners made of reinforced kraft paper or polyethylene or other similar material designed for storage of garbage;

(C) Nonrigid disposable bags designed for

storage of garbage. The bag shall be provided with

a wallhung or free standing holder which supports

and seals the bag; prevents insects, rodents, and

animals from access to the contents; and prevents

rain and snow from falling into the bag; or

(D) Other types of containers meeting the

requirements of 16 Code of Federal Regulations

Chapter II Subchapter B, part 1301 in effect June

13, 1977, and paragraph (a) of this regulation and

that are acceptable to the collection agency.

(2) Mixed refuse. When putrescible wastes and

nonputrescible refuse are stored together, the

container shall meet the standards and requirements of paragraph (b)(1) of this regulation.

(3) Nonputrescible bulky wastes. The wastes

shall be stored temporarily in any manner that

does not create a health hazard, fire hazard, rodent harborage, or permit any unsightly conditions to develop, and is in accordance with any

locally adopted regulations. (Authorized by and

implementing K.S.A. 1981 Supp. 65-3406; effective Jan. 1, 1972; amended, E-79-22, Sept. 1, 1978;

amended May 1, 1979; amended, E-82-8, April 10,

1981; amended May 1, 1982.)

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SOLID WASTE MANAGEMENT 28-29-23

17

28-29-22. Standards for collection and

transportationof solid wastes.(a)Frequency of

collection. Solid waste, excluding bulky wastes,

shall be removed from the storage containers on

residential premises and places of public gathering in accordance with these regulations at least

once each week. Garbage and putrescible materials shall be removed from commercial or industrial properties as often as necessary to prevent

nuisance conditions but at least once a week. Trash

and other combustible materials, free of putrescible material, shall be removed from commercial and industrial properties as often as is

necessary to prevent overfilling of the storage facilities or the creation of fire hazards. Bulky

wastes, free of putrescible wastes, shall be removed from properties as often as necessary to

prevent nuisance conditions from occurring.

(b) Collection equipment. All vehicles and

equipment used for collection and transportation

of solid waste shall be designed, constructed,

maintained, and operated in a manner that will

prevent the escape of any solid, semi-liquid, or

liquid wastes from the vehicle or container. Collection vehicles shall be maintained and serviced

periodically, and should receive periodic safety

checks. Safety defects in a vehicle shall be repaired before the vehicle is used.

(c)Solid waste shall not be stored after collection in a collection vehicle for more than 12 hours

unless the vehicle is parked in an area in which the

land use is predominately industrial or light

industrial. Solid wastes shall not be stored overnight in a collection vehicle parked in an area in

which the land use is predominantly residential.

(d)Solid wastes shall not be unloaded from any

collection vehicle unless the collection vehicle is a

satellite vehicle unloading into a larger vehicle or

the unloading point is a permitted processing

facility, transfer station or disposal area, except the

unloading may be done to facilitate repairs, to extinguish a fire, or for other emergency. When a

vehicle is unloaded due to a emergency situation

solid waste shall be reloaded and removed

promptly, after the emergency no longer exists.

(e)The person operating the collection system

shall provide for prompt cleanup of all spillages

caused by the collection operation.

(f)The person operating the collection system

shall provide for prompt collection of any waste

materials lost from the collection vehicles along

the route to a disposal area or processing facility.

(Authorizedby and implementing K.S.A. 1981

Supp. 65-3406; effective Jan. 1, 1972; amended,

E-79-22, Sept. 1, 1978; amended May 1, 1979;

amended, E-82-8, April 10, 1981; amended May 1,

1982.)

28-29-23. Standards for solid waste

processing facilities and disposal areas. All

solid waste disposal areas and solid waste processing facilities shall be located, designed, operated and maintained in conformity with the following standards: (a) Acceptable methods of

disposal. Nonhazardous solid wastes, industrial

solid wastes, and residues from solid waste processing facilities shall be disposed of in a sanitary

landfill. Nonputrescible rubble and demolition

waste material such as brick, mortar, broken concrete, and similar materials produced in connection with the construction or demolition of buildings or other structures, may be disposed of at a

construction and demolition landfill.

(b) Acceptable methods for processing. Combustible solid wastes may be burned in incinerators that conform with the provisions of the air

quality control act, K.S.A. 65-3001 et seq. and the

regulations adopted under those statutes. Solid

wastes may be shredded, separated, and consolidated at shredding, separation, and transfer stations for which a permit has been issued by the

secretary. Animal manures, sludges, and solid

wastes with high organic content may be processed into compost at an approved composting

plant for which a permit has been issued by the

secretary.

(c) Planning and design. Planning, design, and

operation of any solid waste processing facility or

disposal area, including, but not limited to, sanitary landfills, incinerators, compost plants, transfer stations, and other solid waste disposal areas

or processing facilities, shall conform with appropriate design and operation standards of the

department.

(d) Location. Location of all solid waste disposal areas and solid waste processing facilities

shall conform to applicable state laws, and county

or city zoning regulations and ordinances. All locations for solid waste disposal areas and processing facilities shall be reviewed and approved by

the department before any site development is

started. Solid waste disposal areas or processing

facilities shall not result in the destruction or adverse modification of the critical habitat of endangered or threatened species or cause or contribute

to the taking of any endangered or threatened

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28-29-23 KANSAS DEPT. OF HEALTH AND ENVIRONMENT

18

species as defined by K.S.A. 35-501 et seq. and

K.A.R. 23-17-2. Sites disposing of putrescible

wastes shall not be located in areas where the attraction of birds can cause a significant bird hazard to low flying aircraft. A minimum separation

of twenty-five (25) feet shall be maintained between a disposal operation and any pipeline, underground utility, or electrical transmission line

easement. Sanitary landfills shall not be located

within the one hundred (100) year frequency

floodplain unless protected by flood control levees

and other appurtenances designed to prevent

washout of solid waste from the site.

(e) Access roads. Access roads to the disposal

area or processing facility shall be of all-weather

construction and negotiable at all times by trucks

and other vehicles. Load limits on bridges and access roads shall be sufficient to support all traffic

loads which will be generated by use of the area

or facility.

(f) Reports required. Operators of all solid

waste disposal areas and processing facilities shall

maintain suitable records of volumes or tonnage

of solid wastes received, land area used, population served, area served, and any other information required by the conditions of the permit. All

information shall be summarized and reported to

the department on forms furnished by the

department.

(g) Air quality. The operator of every solid

waste disposal area or solid waste processing facility shall conform to all applicable provisions of

K.S.A. 65-3001 et seq., any regulations adopted

under those statutes, and any local regulations

pertaining to air quality.

(h) Communication. Two-way communications

shall be available to all solid waste processing facilities or disposal areas.

(i) Fire protection. Arrangements shall be

made for fire protection services when a fire protection district or other public fire protection service is available. When this service is not available,

practical alternate arrangements shall be provided

at all sites. In case of accidental fires at the site,

the operator shall be responsible for initiating and

continuing appropriate fire fighting methods until

all smoldering, smoking, and burning ceases. All

disruption of finished grades, or covered or completed surfaces, shall be covered and regraded

upon completion of fire fighting activities.

(j) Limited access. Access to a solid waste disposal area or processing facility shall be limited to

hours when an attendant or operating personnel

are at the site. A gate or barrier and fencing approved by the department shall be erected to prevent access to the solid waste disposal area or

processing facility during hours when the area or

facility is closed. Access by unauthorized vehicles

or pedestrians shall be prohibited.

(k) Hours of operation. Hours of operation and

other limitations shall be prominently posted at

the entrance of the disposal area or facility.

(l) Salvage. Salvage or reclamation of materials

shall be permitted only when facilities specifically

designed for salvaging or processing solid wastes

are provided, and when the salvage materials are

controlled to prevent interference with prompt,

sanitary disposal of solid wastes. All salvage operations shall be conducted in a manner that will

not create a nuisance.

(m) Safety. An operational safety program approved by the department shall be provided for

employees at solid waste processing facilities and

disposal areas.

(n) Disease vector control. Solid waste processing facilities and disposal areas shall be operated

in a manner which will prevent the harborage or

breeding of insects or rodents. Whenever supplemental disease vector control measures are necessary, these measures shall be promptly carried

out.

(o) Aesthetics. Odors and particulates, including dust and litter, shall be controlled by daily application of cover material, sight screening or

other means to prevent damage or nuisance. Construction and demolition landfills or other solid

waste disposal areas receiving only nonputrescible

waste materials may apply cover material at a less

frequent rate if approved by the department.

(p) Gas control. The concentration of explosive

gasses generated by the decomposition of solid

waste disposed of on the site shall not exceed 25

percent of the lower explosive limit in on site

structures (excluding gas control or recovery system components) or at facility property line. As

used in this section ‘‘lower explosive limit’’ means

the lowest percent by volume of a mixture of

methane which will propogate a flame in air at 25 

C and atmospheric pressure. Toxic or asphyxiating

gases in concentrations harmful to humans, animals, or plant life shall not be allowed to migrate

off site or accumulate in facility structures.

(q) Water pollution. Solid waste processing facilities and disposal areas, which include a point

source of discharge of pollutants or solid wastes

to off-site surface waters, shall comply with the

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SOLID WASTE MANAGEMENT 28-29-23a

19

terms of a permit issued under K.S.A. 65-164 et

seq. Facilities shall be designed to prevent nonpoint source pollution discharges violating applicable legal requirements implementing the Kansas statewide water quality management plan in

effect on November 1, 1981 approved under section 208 of Public Law 92-500 (the Clean Water

Act) as amended. Solid waste disposal areas and

processing facilities shall be designed and operated so as to prevent a discharge of dredge or fill

material that is in violation of section 404 of PL

92-500 (the clean water act), as in effect on November 1, 1981. Solid waste shall not be placed in

unconfined waters which are subject to free

movement on the surface, in the ground or within

a larger body of water. If ground water which

passes beneath a disposal facility is currently used

as a public drinking water supply or is designated

by the state of Kansas for future use as a drinking

water supply, the naturally occurring ground water quality beyond the disposal site property

boundary shall not be degraded. If ground water

which passes beneath a disposal area or processing

facility is currently used or designated by the state

for purposes other than as a drinking water supply, the ground water beyond the disposal area

property boundary shall be maintained at a quality

as specified in the disposal area permit.

(r) Maps required. The operator shall maintain

a log of commercial or industrial solid wastes received including sludges, liquids, or barreled

wastes. The log shall indicate the source and

quantity of waste and the disposal location. The

areas used for disposal of these wastes and other

large quantities of bulk wastes shall be clearly

shown on a map and referenced to the boundaries

of the tract or other permanent markings.

(s) Disposal of sewage and industrial liquids or

sludges. Sewage or industrial solid waste liquids

or sludges shall not be disposed in a sanitary landfill designed for the disposal of mixed refuse until

the department has been notified and specific arrangements for handling the wastes have been approved by the department.

(t) Disposal of hazardous waste. Hazardous

waste shall not be disposed of in a sanitary landfill.

For the purposes of this subsection, ‘‘hazardous

waste’’ means any waste determined by the secretary, under section 1 of chapter 251 of the 1981

session laws of Kansas, to be a hazardous waste

and listed by the secretary as a hazardous waste

in K.A.R. 28-31-3.

(u) The provisions of 40 Code of Federal Regulations Part 257.3-5 (application to land used for

food chain crops), as in effect on September 23,

1981, and part 257.3-6 (disease), as in effect on

September 23, 1981, are incorporated by reference. (Authorized by and implementing K.S.A.

1981 Supp. 65-3406; effective, E-79-22, Sept. 1,

1978; effective May 1, 1979; amended, E-82-8,

April 10, 1981; amended May 1, 1982.)

28-29-23a.Standardsfor solid waste

transfer stations.(a) Applicability. Each solid

waste transfer stationshall be subject to the

requirements of thisregulation.

(b) Design requirements.

(1) Each solid wastetransferstationprocess-ing,

tipping, sorting, storage and compaction area shall

be subject to the following design require-ments,

unless an alternate design is approved by the

director.

(A) Each processing, tipping,sorting,storage

and compactionarea shall be locatedin an enclosed building or covered area.

(B) Each unloading area shall be of adequate

size and design to allow for:

(i) efficient unloading from collection vehicles;

and

(ii) unobstructedmovement of vehicles.

(C) Each unloading and loading area shall be

constructedof concreteor asphalt paving material.

(D) Each solid waste transfer station shall have

sufficient capacity to store two days worth of solid

waste in the event of an interruption in transportationor disposal service. The capacity of any

trailer parked within the boundaries of the permitted site may be included as a part of the two

day capacity.

(E) Each solid waste transfer station shall be

large enough to segregate special wastes, including medical waste and asbestos, if special wastes

will be managed at the transferstation.

(2) Each solid waste transfer station structure

shall be subject to the following design requirements, unless an alternate design is approved by

the director.

(A) Each enclosed structure shall be equipped

with an exhaust system capable of removing accumulations of noxious or flammable gases.

(B) Each structure shall be constructed of materials that will not absorb odors or liquids from

thewaste.

(C) Each structureshall have a main doorway

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28-29-25 KANSAS DEPT. OF HEALTH AND ENVIRONMENT

22

effective May 1, 1979; amended, E-82-8, April 10,

1981; amendedMay 1, 1982.)

28-29-25. Standards for solid waste

processing facilities. (a) Incinerators. All incinerators used for combustion of solid wastes shall

be designed and operated in conformity with

K.S.A. 65-3001 et seq. and rules and regulations

adopted under those statutes. All emission control

devices, disposal of incinerator residues, and

treatment of wastewater shall be approved by the

department.

(b) Other methods of solid waste handling,

processing, and disposal. Before any disposal area

or processing facility, or any method of solid waste

handling, processing, or disposal, not provided for

in these regulations, is practiced or placed into

operation, complete plans, specifications, design

data, land-use plans, and proposed operation procedures shall be submitted to the department for

review and permit issuance in accordance with

K.A.R. 28-29-6. (Authorized by and implementing

K.S.A. 1981 Supp. 65-3406; effective, E-79-22,

Sept. 1, 1978; effective May 1, 1979; amended, E82-8, April 10, 1981; amended May 1, 1982.)

28-29-25a.Small yard wastecompost-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

purpose of adjusting the carbon-to-nitrogen ratio

of the compost mix. The additives shall not exceed

10 percent by volume of the total mixture without

the written approval of the department. Other

materials may be added to the yard waste only with

the written approval of the department.

(a)Site design. The owner or operator of each

yard waste composting site shall design and construct the composting site to meet all of the following requirements.

(1)Composting surface and drainage.

(A)Storm water run-on shall be prevented from

entering the receiving, processing, curing, or

storage areas by the use of berms or other physical

barriers.

(B) The operation shall not cause a discharge

of pollutants into waters of the state, in accordance with K.S.A. 65-164, and amendments thereto.

(2)Site access.

(A)At each site that composts yard waste that

is brought in from off-site, the following

infor-mation shall be posted on one or more

signs:(i)Site name;

(ii)site hours;

(iii)a list of the materials appropriate for composting; and

(iv)the name and telephone number of an

emergency contact person.

(B)Unauthorized dumping shall be

discour-aged by access control.

(b) Site operations. The owner or operator of

each yard waste composting site shall perform the

following:

(1)Minimize odors;

(2)control disease vectors, dust, litter, and

noise; and

(3)remove all finished compost within 18

months of the completion of the composting

process.

(c)Site closure. The owner or operator of each

yard waste composting site shall perform the

following:

(1)Notify the department, in writing, at least

60 days before closure; and

(2)remove all materials from the site within six

months of the last receipt of compostable material.

(d)Registration. Each owner or operator of a

small yard waste composting site shall submit registration information to the department on a form

provided by the department, unless the composting operation is located at a confined feeding facility that has a valid permit issued by the department. (Authorized by and implementing K.S.A.

1998 Supp. 65-3406; effective Oct. 1, 1999.)

28-29-25b.Yard waste composting facilities. 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 compost mix. The additives shall not exceed 10

percent by volume of the total mixture without the

written approval of the department. Other

materials may be added to the yard waste only with

the written approval of the department.

(a) Facility design. The owner or operator of

each yard waste composting facility shall design

and construct the facility to meet the following

requirements.

(1)Composting surface and drainage.

(A)Storm water run-on shall be prevented

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28-29-83 KANSAS DEPT. OF HEALTH AND ENVIRONMENT

44

amendmentsthereto, hasbeen addedor

eliminated.

(C) Non-permitted recycling services have

been added or eliminated.

(3) One or more counties have been added to

the plan.

(4) One or more counties have withdrawn from

the plan.

(5) A change to the implementation schedule or

financing methods specified in the SWM plan has

occurred or will occur.

(6) Revisions are required as part of the fiveyear review to extend the planning horizon to 10

years.

(b) If the approved SWM plan does not meet

the requirements of the solid waste management

statutes or regulations, or both, a revision of the

approved SWM plan may be required by the secretary. If a revision is required, written notice shall

be provided by the secretary to each county commission, or the governing body of the designated

city, covered by the SWM plan.

(c) Each revised SWM plan shall be reviewed by

the official land-use planning agency and each

official comprehensive planning agency within the

area covered by the SWM plan.

(d) Each revised SWM plan shall be adopted

according to the procedures specified in K.A.R.

28-29-78(b) and (d), except for regional SWM

plans revised at unscheduled intervals, which shall

be adoptedin accordancewith K.S.A. 65-3405 and

amendments thereto. Adoption of the revised

SWM plan by the county commission or commissions shall be conducted in an open meeting and

shall provide an opportunity for public input.

(e) The county commission, the governing body

of the designated city, or the SWM com-mittee

shallsubmit the revised SWM plan to the secretary

for consideration for approval in accord-ance with

K.A.R. 28-29-79.

(f) The county commission, or the governing

body of the designated city, shall ensure that approved revisions of the SWM plan are incorporated in public copies of the plan maintained in

accordance with K.A.R. 28-29-77. (Authorized by

K.S.A. 65-3406; implementing K.S.A. 65-3405; effective Jan. 1, 1972; amended, E-79-22, Sept. 1,

1978; amended May 1, 1979; amended March 5,

2004.)

28-29-83.(Authorized by K.S.A. 1978 Supp.

65-3406; effective, E-79-22, Sept. 1, 1978;

effective May 1, 1979; revoked May 10, 1996.)

PART 6.—FINANCIAL REQUIREMENTS

28-29-84. Permit renewal; solid waste

permit fees. (a) General provisions. Each permit

issued by the department for any solid waste disposal facility or area, processing facility, incinerator, transfer station, composting plant or area and

reclamation facility may be renewed on or before

the anniversary date of the permit each year in

the following manner.

(1) Each solid waste facility operating in Kansas pursuant to a valid existing permit shall submit

to the department, on or before the anniversary

date of the permit, a report of the permitted activities on forms provided by the department.

(2) The annual permit renewal fee shall accompany the report. Action to approve the renewals

of the permit shall not begin until such time as a

properly completed report and the appropriate

annual permit renewal fee are received by the

department.

(b) Failure to submit. Failure to submit a complete annual report and the annual permit renewal

fee on or before the anniversary date of the permit

each year may subject the permit holder to denial,

revocation, or suspension of the permit.

(c) Fee schedule. The fee for a permit to operate a solid waste disposal area or facility shall be

as follows.

(1) The fee for an application for a proposed

facility for which no permit has previously been

issued by the department, or for reapplication due

to loss of the permit resulting from departmental

action, including revocation, denial or suspension

shall be:

Incinerator ................................... $5,000.00

Industrial solid waste disposal area ......... $3,000.00

Municipal solid waste disposal area ......... $5,000.00

Processing facility ............................ $2,000.00

Reclamation facility .......................... $2,000.00

Solid waste compost facility .................$ 250.00

Transfer station .............................. $1,000.00

(2) Each facility or disposal area operating pursuant to a valid, current permit issued by the department shall be required to pay an annual permit renewal fee. The annual permit renewal fees

shall be:

Incinerator ................................... $1,000.00

Industrial solid waste disposal area ......... $1,000.00

Municipal solid waste disposal area ......... $2,000.00

Processing facility ............................ $1,000.00

Reclamation facility .......................... $1,000.00

Solid waste compost facility .................$ 250.00

Transfer station ..............................$ 500.00

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SOLID WASTE MANAGEMENT 28-29-85

45

(d) Construction and demolition landfills.

(1) The fee for an application for a proposed

construction and demolition disposal facility for

which no permit has previously been issued by the

department or as otherwise set forth in these regulations shall be as follows:

(A) each facility whose permit application projects receipt of less than 1,000 tons annually:

$250.00;

(B) each facility whose permit application projects receipt of more than 1,000 and less than

10,000 tons annually: $500.00; and

(C) each facility whose permit application projects receipt of more than 10,000 tons annually:

$1,000.00.

(2) Each facility operating pursuant to a valid,

current permit issued by the department shall be

required to pay an annual permit renewal fee. The

annual permit renewal fee shall be as follows:

(A) for each facility receiving less than 1,000

tons annually: $125.00;

(B) for each facility receiving more than 1,000

and less than 10,000 tons annually: $250.00; and

(C) for each facility receiving more than 10,000

tons annually: $500.00.

(3) Fees for each facility reapplying for a permit due to loss of the permit resulting from departmental action, including revocation, denial or

suspension shall be determined in accordance

with paragraph (d)(1) of this regulation based on

the tonnage received the 12 months prior to the

revocation, denial or suspension of the permit.

(4) To determine the annual fee due, the construction and demolition disposal facility may determine the volume of waste received during the

previous year and convert this volume to an equivalent weight basis using the following conversion

factor: 1 cubic yard 5 1,250 pounds.

(e) Multiple activities. Any person conducting

more than one of the activities listed in K.A.R. 28-

29-84(c)(1) at one location shall pay a single fee.

This fee shall be in the amount specified for the

activity having the highest fee of those conducted.

(Authorized by K.S.A. 1993 Supp. 65-3406, as

amended by L. 1994, Ch. 283, sec. 2; implementing K.S.A. 1993 Supp. 65-3407, as amended by L.

1994, Ch. 283, sec. 3; effective, T-28-3-15-93,

March 15, 1993; effective May 17, 1993; amended

Aug. 28, 1995.)

28-29-85.Statesolid wastetonnage fees. (a) General provisions. The operator of each solid

waste disposal area in Kansas shall pay to the

department a tonnage fee for each ton or equivalent volume of solid waste received and disposed

of at the facility during the preceding reporting

period. The fee shall be paid each reporting period until the facility no longer receives waste and

begins departmentally approved closure activities.

Municipal solid waste disposal areas receiving

50,000 tons or more of solid waste annually shall

file the reports required by subsection (b) of this

regulation and pay their tonnage fee monthly, on

or before the last day of the following month. Municipal solid waste disposal areas receiving less

than 50,000 tons of solid waste annually, and all

other solid waste disposal areas shall file reports

and pay their tonnage fee quarterly, on or before

the last day of April, July, October and January.

(b)Certification and late fees. The operator of

each solid waste disposal area shall certify, on a

form provided by the department, the amount,

source and type of solid waste received, processed, recycled, and disposed of during the preceding reporting period. Any operator failing to

remit the appropriate tonnage fee and submit the

report within 45 days after each reporting period

shall pay a late processing fee of one and one-half

percent per month on the unpaid balance from the

date the fee was due until paid.

(c)Determination of waste tonnages.

(1) Operator estimates. The operator of each

municipal solid waste disposal area that receives

50,000 tons or more of solid waste annually shall

use actual weight records. The operator of each

municipal solid waste disposal area that receives

less than 50,000 tons of solid waste annually shall,

subject to department approval, use one of the

following methods for determining the number of

tons of waste disposed of at the solid waste disposal area.

(A)The operator may use actual weight

records.

(B) The operator may use actual volume records based upon direct aerial and field survey

techniques, using the conversion factor of 1,000

pounds per cubic yard less a department approved

deduction for cover material.

(C) The operator may use actual volume records based upon daily logs which record the

source, type and measurement or estimate of each

load using the conversion factors as specified in

subsection (d) of this regulation.

(D)The operator of a landfill serving one county

or an identifiable population of less than 20,000

may use a per capita waste generation rate

A-37
Policies

A-38
Page 1 of 2 

Kansas Department of Health and Environment 

Bureau of Waste Management Policy 02-02

Related to 

Separation from and Monitoring of Groundwater 

at Solid Waste Landfills

effective March 6, 2002 

revised March 20, 2008 

Purpose

This Bureau of Waste Management (BWM) policy is intended to clarify the requirements for: 

1. Providing a vertical buffer between solid waste landfills and underlying aquifers; and

2. Monitoring groundwater quality at solid waste landfill facilities located in complex

hydrogeological settings.

3. Preventing design and construction of an inward gradient landfill.

Background

Kansas Statutes Annotated (K.S.A.) 65-3406(a)(1) authorizes and directs the Kansas Department 

of Health and Environment (KDHE) to A...adopt such rules and regulations, standards and 

procedures relative to solid waste management as necessary to protect the public health and 

environment...@. K.S.A. 65-3407(b) requires KDHE to A...make an investigation of the proposed 

solid waste processing facility or disposal area and determine whether it complies with the 

provisions of this act and any rules and regulations and standards adopted there under.@ By 

precedent BWM has effectively established standards relative to groundwater protection at solid 

waste landfill facilities. Several key standards are discussed below. 

Action

New solid waste disposal units must have a minimum vertical separation of 5 feet from the 

lowest point of a solid waste disposal area (e.g., bottom of the base of the sump) to the highest 

predicted groundwater elevation in the uppermost aquifer underlying the disposal area. The 

minimum vertical separation must be provided by naturally occurring, in-situ soil or geologic 

material, or approved alternative material. The Auppermost aquifer@ means the first saturated 

zone able to fully recharge within 24 hours after one well volume is removed, and whose 

boundaries can be identified and mapped from hydrogeologic data. This term includes all 

hydraulically connected aquifers. It is inappropriate to permit a solid waste landfill where 

conditions would require groundwater to be pumped from the landfill in perpetuity in order to 

maintain the integrity of the landfill. 

A-39
Page 2 of 2 

If groundwater monitoring is required at facilities where special conditions exist, the following 

issues may have to be considered: 

1. Seasonal (intermittent) aquifers, that can not be monitored throughout the course of the

year, may be excluded from designation as the uppermost aquifer subject to KDHE

review and approval of supporting information. These aquifers must have seasonal

monitoring devices installed unless otherwise excluded by KDHE.

2. Engineering measures may be used to intercept and divert seasonal groundwater flow

around solid waste disposal areas subject to KDHE=s review and approval of design plans

and supporting information.

3. KDHE may require monitoring of multiple aquifers, whether seasonal or perennial, via

wells or other means, as necessary to adequately safeguard human health and the

environment at solid waste landfill facilities in accordance with the state regulations.

All groundwater monitoring occurring at solid waste landfill facilities must be performed in 

accordance with applicable Kansas Administrative Regulations 28-29-100 through 28-29-121. 

Alternate criteria may be adopted by KDHE as necessary for compliance with state statutes and 

regulations, for consistency with approved plans, or due to site-specific conditions or unforeseen 

circumstances. 

March 20, 2008 

William L. Bider 

Director, Bureau of Waste Management 

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A-41
A-42
Page 1 of 3 

Kansas Department of Health and Environment 

Bureau of Waste Management Policy 05-01 

related to 

Notifying Agencies about Proposed 

New Solid Waste Facilities and Expansions

effective May 31, 2005 

revised December 29, 2005 

revised April 15, 2008 

Purpose 

This Bureau of Waste Management policy is intended to clarify the requirements for applicants 

seeking solid waste disposal area and/or processing facility permits to notify other government 

agencies about proposed facilities and to request information from those agencies relative to the 

site characteristics. 

Background 

Kansas Statutes Annotated (K.S.A.) 65-3406(a) authorizes and directs the Kansas Department of 

Health and Environment (KDHE) to: 

(1) Adopt such rules and regulations, standards and procedures relative to solid waste 

management as necessary to protect public health and environment, prevent public 

nuisances and enable the secretary to carry out the purposes and provisions of this act. 

...and... 

(4) Cooperate with appropriate federal, state, interstate and local units of government and 

with appropriate private organizations in carrying out duties under this act. 

Kansas Administrative Regulations (K.A.R.) 28-29-23(d) stipulates in part that the: 

Location of all solid waste disposal areas and solid waste processing facilities 

shall conform to applicable state laws, and county or city zoning regulations and 

ordinances. 

Specific location restrictions in K.S.A. 65-3407(l) and K.A.R. 28-29-23(d), -102, and -302 

identify a number of factors to be used by KDHE in determining the appropriateness of a 

proposed solid waste facility location. Most of those factors are under the primary authority of 

other government agencies (e.g., flood plains, wetlands, critical habitat, etc.) and/or are an area 

of knowledge in which other government agencies specialize (e.g., geologic conditions). 

Furthermore, other factors that are not specifically identified in statutes and regulations may be 

important for KDHE to consider in evaluating proposed solid waste facility locations. Examples 

include active/abandoned gas/oil wells and appurtenances, water supply recharge areas, and 

other sensitive/protected areas. 

A-43
BWM Policy 05-01 April 15, 2008 

Page 2 of 3

In order to learn whether there are potential concerns such as these it is essential for KDHE to 

receive input from other agencies when new or expanded solid waste facilities are proposed. It is 

standard practice for this type of “due diligence” research to be performed prior to most types of 

municipal, residential, commercial, and industrial land development. 

Applicability

The agency notification requirements apply to “designated applicants”, defined as persons 

applying for the following: 

▹ a permit for a new solid waste facility 

▹ a significant permit modification (see BWM Policy 98-05) 

The notification requirements may be reduced for solid waste processing facilities located at 

existing facilities or buildings, or in previously disturbed or developed urban areas. In those 

situations, the Bureau of Waste Management will determine which agencies must be notified by 

the applicant based on site characteristics (e.g. if wetlands, flood plain, possible historically 

significant area, etc. appear to be involved, or if the need for agency notification is uncertain). 

Action

Based on the authority and justification described above, the Bureau of Waste Management 

requires every designated applicant to submit evidence that other government agencies have been 

notified and to submit the responses received from the agencies. To facilitate this process, 

KDHE recommends that all applicants comply with the specific guidelines that follow: 

1. Each designated applicant should, as part of preparing an application: notify the following

agencies in writing about the proposed facility; provide a location map and site layout map;

and request comments from the agencies as to whether they are aware of any concerns with

the proposed facility location, within the scope of their areas of authority and knowledge.

• Kansas Biological Survey

• Kansas Corporation Commission

• Kansas Department of Agriculture - Division of Water Resources

• Kansas Department of Wildlife and Parks

• Kansas Geological Survey

• Kansas State Conservation Commission

• Kansas State Historical Society

• Kansas Water Office

• U.S. Army Corps of Engineers

• U.S. Fish and Wildlife Service

2. If the applicant is aware of other agencies that would be appropriate to notify with regard to a

proposed facility location, then the applicant should submit a similar notification and request

for comments to those agencies as well. If the Bureau determines that agencies other than

those listed above would have any authority, interest, or knowledge pertaining to a proposed

facility location, then the Bureau may require the applicant to submit a notification and

request for comments from those agencies at any time during the application review process.

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BWM Policy 05-01 April 15, 2008 

Page 3 of 3

3. Applicants should not request the agencies to “approve” proposed solid waste facilities; only

KDHE has the authority to permit solid waste facilities. The requests should be limited to

seeking pertinent information that the agencies may have with regard to proposed facility

locations. Applicants should not specify what aspects of a proposed facility location the

agencies should address; for example, applicants should not indicate an expectation for the

Kansas Geological Survey to make a determination on whether a particular location contains

“unstable areas”. Applicants should not cite solid waste management statutes or regulations

in the notifications and request for comments.

4. Suggested wording for notification letters to agencies is provided below. The actual wording

of these letters may vary, but should be similar to the suggested wording.

Dear [name of agency] staff: 

We have been retained by [name of landfill applicant] to prepare an application 

for a landfill permit. One of the requirements is to check with several agencies to 

determine if they have any information about the proposed site. 

The proposed [type of] landfill would be located on XX acres in the [quadrant] 

quarter of [section, township, range] in [county name] county. A location map 

and preliminary site layout plan are attached. We request a response from your 

agency indicating any issues you may be aware of regarding this proposed land 

use. 

Thank you for your consideration in this matter. If you have any questions about 

this request, please contact me at [phone number]. 

Sincerely, 

[signature]

Applicants shall submit copies of the notifications and copies of the agency responses to the 

Bureau with solid waste facility applications. The Bureau will also allow applicants to submit 

copies of responses after an application has been submitted, if the responses were not available at 

the time the application was submitted. However, the Bureau may wait to act on applications if 

they are not “complete”, e.g. if agency responses have not been submitted. 

April 10, 2008 

William L. Bider

Director, Bureau of Waste Management 

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Appendix B 

Referenced Division of Water Resources

Statutes and Regulations
Kansas Statutes Annotated (K.S.A.)

82a-301. Permit or consent of chief engineer required to construct, modify or add to 

dams or other water obstructions; exceptions; definitions. (a) (1) Except as provided in 

subsections (c) and (d), without the prior written consent or permit of the chief engineer of the 

division of water resources of the Kansas department of agriculture, it shall be unlawful for any 

person, partnership, association, corporation or agency or political subdivision of the state 

government to: 

(A) Construct, modify or add to any dam; 

(B) construct, modify or add to any water obstruction in a designated stream; or 

(C) change or diminish the course, current, or cross section of any designated stream within 

this state. 

(2) Any application for any permit or consent shall be made in writing in such form as 

specified by the chief engineer. 

(3) Revetments for the purpose of stabilizing a caving bank which are properly placed shall 

not be construed as obstructions for the purposes of this section. 

(b) As used in K.S.A. 82a-301 et seq., and amendments thereto: 

(1) “Dam” means any artificial barrier including appurtenant works with the ability to 

impound water, waste water or other liquids that has a height of 25 feet or more; or has a height 

of six feet or greater and a storage volume at the top of the emergency spillway elevation of 50 

or more acre feet. The height of a dam or barrier shall be measured from the lowest elevation of 

the streambed, downstream toe or outside limit of the dam to the elevation of the top of the dam. 

(2) “Designated stream” means a natural or man-made channel that conveys drainage or 

runoff from a watershed having an area of: 

(A) One or more square miles in zone one, which includes all geographic points located in or 

east of Washington, Clay, Dickinson, Marion, Harvey, Sedgwick or Sumner counties; 

(B) two or more square miles in zone two, which includes all geographic points located west 

of zone one and in or east of Smith, Osborne, Russell, Barton, Stafford, Pratt or Barber counties; 

or 

(C) three or more square miles in zone three, which includes all geographic points located 

west of zone two. 

(c) (1) The prior written consent or permit of the chief engineer shall not apply to water 

obstructions that meet the following requirements: 

(A) The change in the cross section of a designated stream is obstructed less than 5% and the 

water obstruction or change is contained within a land area measuring 25 feet or less along the 

stream length; or 

(B) (i) the water obstruction is not a dam as defined in subsection (b); 

(ii) the water obstruction is not located within an incorporated area; 

(iii) every part of the water obstruction, and any water impounded by such obstruction, is 

located more than 300 feet from any property boundary; and 

(iv) the watershed area above the water obstruction is five square miles or less. 

(2) If the water obstruction does not meet the requirements of subsection (c)(1)(B)(iii), but 

meets all other requirements of subsection (c)(1)(B), such water obstruction may be exempted 

from the permitting requirements of subsection (a) if the chief engineer determines such water 

obstruction has minimal impact upon safety and property based upon a review of the 

information, to be provided by the owner, including: 

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(A) An aerial photo or topographic map depicting the location of the proposed project, the 

location of the stream, the layout of the water obstruction, the property lines and names and 

addresses of adjoining property owners; and 

(B) the principal dimensions of the project including, but not limited to, the height above 

streambed. 

(3) Notwithstanding any other provision of this section, the chief engineer may require a 

permit for any water obstruction described in this subsection if the chief engineer determines 

such permit is necessary for the protection of life or property. 

(d) The prior written consent or permit of the chief engineer shall not be required for 

construction or modification of a hazard class A dam that: 

(1) Has a height of less than 30 feet and a storage volume at the top of the emergency 

spillway elevation of less than 125 acre feet, and the dam location and dimensions have been 

registered with the division of water resources in a written form prescribed by the chief engineer; 

or 

(2) is a wastewater storage structure for a confined feeding facility that has been approved by 

the secretary of health and environment pursuant to K.S.A. 65-171d, and amendments thereto. 

History: L. 1929, ch. 203, § 1; L. 1978, ch. 431, § 6; L. 2002, ch. 138, § 2; L. 2011, ch. 67, 

§ 1; L. 2013, ch. 111, § 4; July 1.

82a-301a. Exclusive regulation and supervision of dams and other water obstructions 

by chief engineer. It is the intent of the legislature by this act to provide for the exclusive 

regulation of construction, operation and maintenance of all dams or other water obstructions by 

the state to the extent required for the protection of public safety. All dams or other water 

obstructions are declared to be under the jurisdiction of the division of water resources of the 

Kansas department of agriculture and the chief engineer thereof. The chief engineer or his or her 

authorized representative shall supervise the construction, modification, operation and 

maintenance of dams or other water obstructions for the protection of life and property. 

History: L. 1978, ch. 431, § 1; L. 2004, ch. 101, § 135; July 1. 

82a-302. Applications for consent or permit, fees; contents; rules and regulations; 

permit fees. (a) Except as otherwise provided for general permits, each application for the 

consent or permit required by K.S.A. 82a-301, and amendments thereto, shall be accompanied by 

complete maps, plans, profiles and specifications of such construction, modification or addition 

proposed to be made, the required application fee as provided in subsection (b) unless otherwise 

exempted, and such other data and information as the chief engineer may require. The chief 

engineer shall adopt rules and regulations for the issuance of a general permit which may be 

issued for projects which require limited supervision and review. 

(b) (1) The application fee for a permit to construct, modify or add to a dam shall be $200. 

(2) The application fee for a permit to construct, modify, or add to a water obstruction or to 

change or diminish the course, current or cross section of a stream shall be based on the 

watershed area. 

Watershed Area Above the Project Permit Application Fee

Less than 5 square miles $100

Between 5 and 50 square miles $200

More than 50 square miles $500

(3) The application fee for a general permit shall be $100. 

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(c) All fees collected by the chief engineer pursuant to this section shall be remitted to the 

state treasurer as provided in K.S.A. 2014 Supp. 82a-328, and amendments thereto. 

History: L. 1929, ch. 203, § 2; L. 1978, ch. 431, § 7; L. 2002, ch. 138, § 3; L. 2010, ch. 17, 

§ 211; L. 2013, ch. 111, § 5; July 1.

82a-303. Same; conditions to permits; unlawful acts. The chief engineer of the division of 

water resources shall have power to grant or withhold such consent or permit or may incorporate 

in and make a part of said consent or permit such terms, conditions and restrictions as may be 

deemed by him or her advisable. It shall be unlawful to: (a) Construct or begin the construction 

of any dam or other water obstruction, or (b) make or begin any change or addition in any dam or 

other water obstruction, except in accordance with the terms, conditions and restrictions of such 

consent or permit, and such rules and regulations as may be adopted by the chief engineer of the 

division of water resources. 

History: L. 1929, ch. 203, § 3; L. 1978, ch. 431, § 8; April 11. 

82a-303a. Rules and regulations by chief engineer. The chief engineer of the division of 

water resources of the Kansas department of agriculture shall adopt and may from time to time 

amend rules and regulations in order to establish standards for the construction, modification, 

operation and maintenance of dams and other water obstructions and to administer and enforce 

the provisions of this act. 

History: L. 1978, ch. 431, § 2; L. 2004, ch. 101, § 136; July 1. 

82a-303b. Inspection of dams by chief engineer; access to private property; costs of 

inspection; failure to comply, penalties. (a) (1) In order to secure conformity with adopted 

rules and regulations and to assure compliance with the terms, conditions or restrictions of any 

consent or permit granted pursuant to the provisions of K.S.A. 82a-301 through 82a-303, and 

amendments thereto, the chief engineer or an authorized representative of the chief engineer shall 

have the power and the duty to inspect any dam or other water obstruction. Upon a finding 

pursuant to subsection (a) of K.S.A. 82a-303c, and amendments thereto, by the chief engineer 

that a dam is unsafe, the chief engineer shall order an annual inspection of the dam until it is 

either in compliance with all applicable provisions of this act, any rules and regulations 

promulgated pursuant to this act, permit conditions and orders of the chief engineer; or the dam 

is removed. The safety inspection shall be conducted by the chief engineer or authorized 

representative and the cost shall be paid by the dam owner. The class and size of a dam shall be

defined by rules and regulations adopted by the chief engineer pursuant to K.S.A. 82a-303a, and 

amendments thereto. Inspection fees are as follows: 

Size of Dam Inspection fee

Class 3 $2,500

Class 4 $4,000

(2) Each hazard class C dam shall be required to have a safety inspection conducted by a 

licensed professional engineer qualified in design, construction, maintenance and operation of 

dams once every three years, unless otherwise ordered by the chief engineer. 

(3) Each hazard class B dam shall be required to have a safety inspection conducted by a 

licensed professional engineer qualified in design, construction, maintenance and operation of 

dams once every five years unless otherwise ordered by the chief engineer. 

(4) Within 60 days of the date of inspection, a report of the inspection shall be provided to 

the chief engineer by the licensed professional engineer who conducted the inspection. The 

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report shall document the physical condition of the dam, describing any deficiencies observed, 

an analysis of the capacity of the dam and its spillway works, compliance of the dam with 

approved plans and permit conditions, changes observed in the condition of the dam since the 

previous inspection, an assessment of the hazard classification of the dam including a statement 

that the engineer either agrees or disagrees with the current classification, and any other 

information relevant to the safety of the dam or specifically requested by the chief engineer. 

(5) Upon failure of a dam owner to comply with the applicable inspection interval, the chief 

engineer or such chief engineer’s authorized representative shall conduct a mandatory inspection 

of the dam and the costs as established by this act for the inspection shall be paid by the owner, 

in addition to any other remedies provided for violations of this act. 

(6) The failure to file a complete and timely report as required by the provisions of this act, 

or the failure to submit the fees assessed for inspections conducted by the chief engineer or the 

chief engineer’s authorized representative shall be deemed a violation of this act and subject to 

the penalties provided by K.S.A.82a-305a, and amendments thereto. 

(b) For the purpose of inspecting any dam or other water obstruction, the chief engineer or an 

authorized representative of the chief engineer shall have the right of access to private property. 

Costs for any work which may be required by the chief engineer or the authorized representative 

prior to or as a result of the inspection of a dam or other water obstruction shall be paid by the 

owner, governmental agency or operator of such dam or other water obstruction. 

(c) All fees collected by the chief engineer pursuant to this section shall be remitted to the 

state treasurer as provided in K.S.A. 2014 Supp. 82a-328, and amendments thereto. 

History: L. 1978, ch. 431, § 3; L. 2002, ch. 138, § 4; L. 2013, ch. 111, § 6; July 1. 

82a-303c. Violations of conditions or restrictions of permit or of rules and regulations; 

orders of chief engineer; remedial measures; emergency situations. (a) Whenever the chief 

engineer finds that: (1) The construction, modification, operation or maintenance of a dam or 

other water obstruction is in violation of adopted rules and regulations or of terms, conditions or 

restrictions of a permit or consent granted by the chief engineer or, (2) conditions exist in the 

construction, modification, operation or maintenance of a dam or other water obstruction which 

may present a hazard to the public’s safety, he or she shall issue an order to require the 

correction of any such violation or condition existing in the construction, modification, operation 

or maintenance of a dam or other water obstruction by the owner or operator thereof. An order 

may be issued to require the removal of a dam or other water obstruction. The order shall contain 

the chief engineer’s findings concerning any violation or conditions existing and shall prescribe 

the corrective action to be taken. 

(b) Whenever the condition of any dam or other water obstruction is so dangerous to the 

safety of life or property as not to permit time for the issuance and enforcement of an order 

relative to construction, modification, maintenance or operation thereof, or, the passing of 

imminent floods threaten the safety of any dam or other water obstruction, the chief engineer 

shall immediately employ any remedial means necessary to protect the safety of life or property. 

The chief engineer shall continue in full charge and control of any such dam or other water 

obstruction until the same is rendered safe or the emergency occasioning the remedial action has 

ceased. 

History: L. 1978, ch. 431, § 4; April 11. 

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82a-305a. Unlawful acts; penalties; injunction. (a) Any person, partnership, association, 

corporation or agency or political subdivision of the state government who violates any provision 

of this act or of any rule and regulation or order issued pursuant thereto shall be deemed guilty of 

a class C misdemeanor. Each day that any such violation occurs after notice of the original 

violation is served upon the violator by the chief engineer by restricted mail shall constitute a 

separate offense. 

(b) Upon request of the chief engineer, the attorney general shall bring suit in the name of 

the state of Kansas in any court of competent jurisdiction to enjoin (1) the unlawful construction, 

modification, operation or maintenance of any dam or other water obstruction, or (2) the 

unlawful change or diminution of the course, current or cross section of a river or stream. Such 

court may require the removal or modification of any such dam or other water obstruction by 

mandatory injunction. 

History: L. 1978, ch. 431, § 5; April 11. 

82a-307. Cleaning and maintaining banks and channels by county; petition or 

resolution; access to private property; claims for damages. (a) Upon petition of 50 taxpayers 

of any county of this state, owning land in the flood plain of any river in such county, or upon 

enactment of a resolution by the county commission of such county, the board of county 

commissioners of each county in this state are hereby authorized within their respective 

jurisdictions to clean and maintain the banks and channels of the streams and watercourses 

within definitely established bank lines, and to keep such streams free of drift, trees and other 

debris, for the purpose of reducing floods and overflows. Upon such petition or resolution, the 

board of county commissioners may remove debris pursuant to this section, but shall not change 

or diminish the course, current or cross section of any stream. 

(b) The board of county commissioners, having obtained written permission from the 

landowner, may enter upon private property, if necessary, to clean and maintain such streams, 

doing as little damage as possible thereto. If material damage is done to any property, the 

commissioners shall allow reasonable compensation therefor if the landowner presents a claim in 

writing to the board within 60 days from the date of such alleged material damage. 

(c) Nothing in this act shall be construed to permit the board of county commissioners of any 

county to remove or destroy any permanent improvement, including dams and bridges, in and 

over such streams, providing such improvements, dams or bridges have been lawfully placed 

thereon. 

History: L. 1929, ch. 143, § 2; L. 1931, ch. 318, § 1; L. 1951, ch. 527, § 1; L. 2013, ch. 111, 

§ 7; July 1. 

82a-308. Same; expenses and damages; tax levy, use of proceeds. Any expenses incurred 

in removing such obstructions as are mentioned in K.S.A. 82a-307, and amendments thereto, or 

damage to private property, shall be paid out of the general fund of the respective counties but if 

it shall appear that the obstructions were caused by owners of adjoining property, the expenses 

shall be charged to the adjoining property as a special tax to be levied and collected as other 

special taxes and assessments. In the event that the general fund of any county shall not be 

sufficient to bear the cost of the operations mentioned in this section, including the maintenance 

of such streams or watercourses, then the board of county commissioners of such county may 

levy an annual tax upon all property in the county for the purpose of creating a fund known as 

stream maintenance fund from which fund the costs and expenses of the operation herein 

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provided for shall be paid and for the purpose of paying a portion of the principal and interest on 

bonds issued under the authority of K.S.A. 12-1774, and amendments thereto, by cities located in 

the county. 

History: L. 1929, ch. 143, § 3; L. 1931, ch. 318, § 3; L. 1970, ch. 100, § 44; L. 1980, ch. 65, 

§ 8; L. 1999, ch. 154, § 47; May 27.

82a-309. Distribution of proceeds from sale of sand products taken from river beds 

owned by state. (a) Of compensation received for sand products sold pursuant to K.S.A. 70a102 and amendments thereto, $.0375 per ton sold shall be returned as follows: 

(1) If the sand products are taken from the bed of the river at a location which is within the 

boundaries of a drainage district, the board of directors of the district from which the sand 

products were taken shall be entitled to receive 2 / 3 of the amount returned and the 

remaining 1 / 3 shall be divided among the remaining drainage districts in the county, to be used 

for bank stabilization, soil conservation, or maintenance and operation of flood control systems, 

in proportion to the frontage on such river. 

(2) If the sand products are taken from the bed of the river at a location which is not within 

the boundaries of a drainage district, the proceeds attributable to such sand products shall be 

returned to the counties which have adopted this act and have notified, prior to July 1 following 

the adoption of this act, the director of taxation of such adoption, and through which such river 

flows, in proportion to the mileage of the river bank in such county. Moneys paid to a county 

pursuant to this paragraph shall be disbursed or used as follows: 

(A) If there are one or more drainage districts organized under the laws of this state which 

are located in such county along a river that is the property of the state of Kansas and which 

operate and maintain river flood control improvements in or along such river, the county shall 

disburse such moneys to each such drainage district, to be used for bank stabilization, soil 

conservation, or maintenance and operation of flood control systems, in proportion to each 

district’s frontage on such a river. 

(B) If there is no drainage district organized under the laws of this state which is located in 

such county along a river that is the property of the state of Kansas, the county may use the 

moneys for construction, operation and maintenance of public improvements located along, in or 

over such a river or for the preservation of land and development and maintenance of public 

areas along such river or tributaries adjacent to such river. 

(b) The unencumbered balance of any moneys which were distributed to a county pursuant 

to this section as it existed before its amendment on July 1, 1995, and which remain in the county 

treasury on July 1, 1995, shall be distributed in the manner provided by this section as amended 

on July 1, 1995. 

History: L. 1929, ch. 143, § 4; L. 1931, ch. 318, § 4; L. 1933, ch. 331, § 1; L. 1933, ch. 249, 

§ 6; L. 1937, ch. 387, § 1; L. 1961, ch. 311, § 7; L. 1992, ch. 109, § 2; L. 1995, ch. 238, § 2; L.

1996, ch. 144, § 2; July 1. 

82a-311. Same; cost of surveys; how paid; division of balances of proceeds. In any 

county in this state which, prior to the adoption of this act, has received any of the proceeds from 

the sale of sand products and which failed to have a survey made, as provided in K.S.A. 82a307a, which survey was made by drainage districts in said county, the county commissioners are 

directed to pay to drainage districts which have had the survey made or which shall, within one 

year after the taking effect of this act have such survey made, the costs of such surveys, and the 

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balances of said proceeds shall be divided among said drainage districts in proportion to the 

frontage on such rivers. 

History: L. 1937, ch. 387, § 2; March 31. 

82a-325. Water projects environmental coordination act; purpose. (a) This act shall be 

known and may be cited as the water projects environmental coordination act. 

(b) In order to protect the environment while facilitating the use, enjoyment, health and 

welfare of the people of the state of Kansas, it is necessary that the environmental effect of any 

water development project be considered before such water development project is approved or 

permitted. 

History: L. 1987, ch. 400, § 1; July 1. 

82a-326. Water projects environmental coordination act; definitions. When used in this 

act: 

(a) “Water development project” means any project or plan which requires a permit pursuant 

to K.S.A. 24-126, 24-1213, 82a-301 et seq., and amendments thereto, or the multipurpose small 

lakes program act; 

(b) “environmental review agencies” means the: 

(1) Kansas department of wildlife, parks and tourism; 

(2) Kansas forest service; 

(3) state biological survey; 

(4) Kansas department of health and environment; 

(5) state historical society; 

(6) Kansas department of agriculture division of conservation; and 

(7) state corporation commission. 

History: L. 1987, ch. 400, § 2; L. 1989, ch. 118, § 192; L. 1991, ch. 290, § 10; L. 1997, ch. 

49, § 5; L. 2012, ch. 140, § 134; L. 2013, ch. 111, § 8; July 1. 

82a-327. Same; review of proposed project; considerations. (a) Prior to approval or 

issuance of a permit for a proposed water development project, the permitting agency shall 

obtain a review of the proposed project for environmental effects by the appropriate state 

environmental review agencies, and shall consider their comments in determining whether to 

approve or issue a permit for such project. The permitting agency may condition the approval of 

or permit for the project in a manner to address the environmental concerns of the environmental 

review agencies. 

(b) In reviewing a proposed water development project, the environmental review agency 

shall consider: 

(1) The beneficial and adverse environmental effects of a proposed project on water quality, 

fish and wildlife, forest and natural vegetation, historic, cultural, recreational, aesthetic, 

agricultural and other natural resources; 

(2) the means and methods to reduce adverse environmental effects of a proposed project; 

and 

(3) alternatives to a proposed project with significant adverse environmental effects. 

(c) Each environmental review agency shall send its written comments on the proposed 

project within 30 days of receipt of the proposal from the permitting agency. 

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(d) Nothing in this act shall be construed as prohibiting a permitting agency from approving 

or issuing a permit if an environmental review agency determines adverse environmental effects 

will result if the project is approved or permitted. Nothing in this act shall be construed as 

preempting or duplicating any existing environmental review process otherwise provided or 

authorized by law. 

History: L. 1987, ch. 400, § 3; July 1. 

82a-328. Water structures fund. There is hereby created in the state treasury the water 

structures fund. The chief engineer of the division of water resources, Kansas department of 

agriculture shall remit all moneys received under K.S.A. 82a-302, 82a-303b and 24-126, and 

amendments thereto, to the state treasurer in accordance with the provisions of K.S.A. 75-4215, 

and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit 

the entire amount in the state treasury to the credit of the water structures fund. All expenditures 

from the water structures fund shall be made in accordance with appropriation acts upon 

warrants of the director of accounts and reports issued pursuant to vouchers approved by the 

secretary of agriculture or by a person designated by the secretary. 

History: L. 2002, ch. 138, § 5; July 1. 

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5-30-1 AGRICULTURE—DIVISION OF WATER RESOURCES

358

(d) The district may submit to the chief engineer a written recommendation of an exemption

from or a waiver of a regulation. If the district

submits such a recommendation, the district shall

demonstrate to the chief engineer that the granting of the proposed waiver or exemption will not

prejudicially and unreasonably affect the public

interest and will not cause impairment of any existing water right. (Authorized by K.S.A. 82a-706a

and K.S.A. 2002 Supp. 82a-1028; implementing

K.S.A. 82a-706, K.S.A. 82a-706a, and K.S.A. 2002

Supp. 82a-711; effective Oct. 31, 2003.)

Articles 26 to 29.—RESERVED

Article 30.—DAMS

5-30-1.Approval of or permits for dams.

The chief engineer shall not approve or grant a

permit for any dam subject to the jurisdiction of

the chief engineer under the authority of K.S.A.

1979 Supp. 82a-301 through 305a as amended,

unless the applicant also receives prior approval of

his or her application to appropriate water for

beneficial use to be diverted by means of the dam

for which the approval or permit is sought, unless

the sole proposed use for the water is for domestic

use. (Authorized by K.S.A. 82a-706a, 82a-709; effective May 1, 1980.)

Articles 31 to 39.—RESERVED

Article 40.—DESIGN OF EARTH DAMS

5-40-1. Definitions. As used in K.S.A. 82a301 through 82a-305a and amendments thereto,

in the regulations adopted pursuant to these statutes, and by the chief engineer in administering

K.S.A. 82a-301 through 82a-305a and amendments thereto, the following terms shall have the

meanings ascribed to them in this regulation, unless the context clearly requires otherwise:

(a) ‘‘Application’’ means the formal document

and any required supporting information that are

submitted to the chief engineer and request a permit, pursuant to K.S.A. 82a-301 through 82a305a, and amendments thereto.

(b) ‘‘Appurtenant works’’ means the primary

spillway and other conduits through a dam, the

valves, the auxiliary spillway, the service spillway,

the stilling basin, any constructed outlet channel,

all dikes and berms designed and constructed to

protect the dam, the drains, and all other features

constructed to protect or operate a dam.

(c) ‘‘As-built drawings’’ means the drawings

showing a permitted project and all appurtenant

works as the project and works were actually built.

This term shall include the following:

(1) All deviations from the plans that were approved by the chief engineer;

(2) the location and design of any instruments

and monitoring equipment that were installed at

the site;

(3) the location and elevation of any benchmarks; and

(4) a certification that the permitted project was

constructed as shown on the as-built drawings.

(d) ‘‘Authorized representative’’ means any employee of the chief engineer designated by the

chief engineer to perform duties and functions on

behalf of the chief engineer.

(e) ‘‘Auxiliary spillway’’ means an open channel

that is constructed over or around an embankment for the purpose of conveying safely past the

dam the flows that are greater than the primary

spillway design discharge and that can be stored

in the detention storage. This term is also known

as an emergency spillway.

(f) ‘‘Benchmark’’ means a reference point or

object of known elevation and location that is not

expected to move horizontally or vertically during

the life of the project.

(g) ‘‘Borrow area’’ means land, usually located

near the dam, from which earth used to construct

the embankment will be excavated.

(h) ‘‘Breach analysis’’ means an engineering

analysis to determine the areas that would be inundated if a dam failed.

(i) ‘‘Channel change’’ means any project that

alters the course, current, or cross section of any

stream.

(j) ‘‘Chief engineer’’ means the chief engineer,

division of water resources of the Kansas department of agriculture.

(k) ‘‘Control section’’ means the immediate

downstream end of the level section of an openchannel earthen spillway. The elevation of the

control section is the elevation of the open-channel spillway crest.

(l) ‘‘Cutoff collar’’ means a projecting flange

built or installed completely around the outside of

a pipe to lengthen the path of seepage along the

outer surface of the pipe.

(m) ‘‘Cutoff trench’’ means an excavation under

a dam to be later filled with impervious material

to prevent or reduce the seepage of water through

the foundation of a dam.

Kansas Administrative Regulations (K.A.R.)

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DESIGN OF EARTH DAMS 5-40-1

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(n) ‘‘Design discharge’’ means the maximum

rate of flow, expressed in cubic feet per second,

released from a dam’s spillways for the design

storm.

(o) ‘‘Design storm’’ means the precipitation

event specified in K.A.R. 5-40-22 that is the minimum precipitation event required to be used to

design a particular dam.

(p) ‘‘Detention storage’’ means the volume in

the reservoir between the lowest uncontrolled

spillway, not including any low-flow augmentation

works, and the crest of the auxiliary spillway.

(q) ‘‘Detention storm’’ means the storm described in K.A.R. 5-40-23.

(r) ‘‘Easily erodible soils’’ means soils with a

high content of fine sand or silt and with little or

no cohesion or plasticity, including fine sand, silt,

sandy loam, and silty loam.

(s) ‘‘Effective height’’ means the difference in

elevation between the crest of an auxiliary spillway

or service spillway and the lowest point of the

downstream toe of a dam. If the dam does not

have an auxiliary or service spillway, the effective

height means the difference in elevation between

the top of the dam and the lowest point of the

downstream toe of the dam.

(t) ‘‘Effective storage’’ means the volume of

storage space in a reservoir below the crest of the

auxiliary spillway or service spillway and above the

elevation of the downstream toe of the dam at its

lowest point. Effective storage shall not be reduced by accounting for accumulated sediment.

(u) ‘‘Embankment’’ means the earthen-fill portion of the dam.

(v) ‘‘Emergency action plan’’ means a formal

document that identifies potential emergency

conditions at a dam and specifies preplanned actions to be followed to minimize property damage

and loss of life if the dam fails.

(w) ‘‘Erosion-resistant soils’’ means cohesive

soils with a high clay content and high plasticity,

including silty clay, sandy clay, and clay.

(x) ‘‘Freeboard’’ means the vertical distance between the maximum water surface elevation attained during the design storm and the top of the

dam.

(y) ‘‘General plan’’ means a plan adopted by a

watershed district, drainage district, or similar entity required by statute to be approved by the

chief engineer, including any of the plans formulated under K.S.A. 24-901 and K.S.A. 24-1213,

and amendments thereto.

(z) ‘‘Hazard’’ means the property or people that

could be damaged or endangered by the failure

of a dam, including people or property that might

be inundated. This term shall include a public or

industrial water supply stored in the reservoir created by the dam that would be released if the dam

failed.

(aa) ‘‘High-impact dams’’ means all of the following classes of dams:

(1) Size class 4, hazard class A dams;

(2) size classes 3 and 4, hazard class B dams;

and

(3) all hazard class C dams, using the definitions

of hazard class and size class in K.A.R. 5-40-20

and K.A.R. 5-40-21.

(bb) ‘‘Hydraulically most distant point in the

watershed’’ means the point in a watershed from

which a raindrop falling at that point takes the

longest time to reach the dam.

(cc) ‘‘Impervious material’’ means material that

allows a relatively low rate of water movement

through its cross section.

(dd) ‘‘Inspection year’’ means the period on and

after May 1 of one year through April 30 of the

following year. The inspection year shall be

named for the calendar year in which the inspection year ends.

(ee) ‘‘Inundation area’’ means the area below a

dam that will be inundated with water as determined by conducting a breach analysis meeting

the requirements specified in K.A.R. 5-40-24.

(ff) ‘‘Invert’’ means the lowest point on the inside of the outlet of a conduit.

(gg) ‘‘Low-flow augmentation works’’ means

any uncontrolled conduit, orifice, or other appurtenant works that slowly release water from storage in a reservoir, or bypass low flow through a

reservoir.

(hh) ‘‘Low-impact dams’’ means all of the following classes of dams:

(1) Size classes 1, 2, and 3, hazard class A dams;

and

(2) size classes 1 and 2, hazard class B dams,

using the definitions of hazard class and size class

in K.A.R. 5-40-20 and K.A.R. 5-40-21.

(ii) ‘‘Maintenance’’ means the actions or upkeep

performed on a dam or its appurtenances to compensate for wear and tear on the dam and appurtenances and to preserve the dam and appurtenances so that the dam and appurtenances

function properly until they are removed, including woody vegetation control; grass seeding; burrowing animal control; repair of minor erosion,

cracks, animal burrows, and minor settling; care

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of pipes, piezometers, drains, valves, gates, and

other mechanical devices; replenishment of riprap; and removal of debris from spillways.

(jj) ‘‘Modification’’ means any change in a dam

or its appurtenances that involves a change to or

significant disturbance of the embankment, an alteration of the flow characteristics of a spillway, a

change in the storage capacity or freeboard, or any

other significant alteration in the functioning of

the dam.

(kk) ‘‘Navigable stream’’ means any of the

following:

(1) The Arkansas river;

(2) the Missouri river; or

(3) the Kansas river.

(ll) ‘‘One percent-chance storm’’ means a rainfall event that has a one percent chance of being

equaled or exceeded one or more times in a year.

(mm) ‘‘Owner of a dam’’ means the owner or

owners of the land upon which a dam and appurtenant works are constructed unless an easement

authorizes another person or entity to construct

and maintain a dam on that easement. With such

an easement, the holder of the easement shall be

considered to be the owner of the dam.

(nn) ‘‘Perennial stream’’ means a stream, or part

of a stream, that flows continuously during all of

the calendar year, except during an extreme

drought.

(oo) ‘‘Permanent pool’’ means the storage space

in a reservoir below the elevation of the lowest

uncontrolled spillway, not including any low-flow

augmentation works. This term is also known as

the ‘‘normal pool.’’

(pp) ‘‘Permit’’ means the consent or other formal document issued by the chief engineer that

authorizes the construction, repair, or modification of a dam, channel change, or stream obstruction, and its operation and maintenance.

(qq) ‘‘PMP’’ means the probable maximum precipitation that can occur in a precipitation event

as prescribed by K.A.R. 5-40-31.

(rr) ‘‘Prejurisdictional dam’’ means any of the

following:

(1) A dam constructed before May 28, 1929;

(2) a dam constructed by an agency or political

subdivision of state government, other than a

county, city, town, or township, before April 11,

1978; or

(3) a dam constructed before July 1, 2002 that

is 25 or more feet in height and impounds less

than 30 acre-feet of water at the top of the dam.

(ss) ‘‘Primary spillway’’ means the uncontrolled

outlet device through a dam that provides the initial outlet for storm flows, usually consisting of

either of the following:

(1) A riser structure in combination with an outlet conduit; or

(2) a canopy or hooded inlet structure in combination with an outlet conduit.

This term is also known as a ‘‘principal

spillway.’’

(tt) ‘‘Rainfall excess’’ means that part of the rain

in a given storm that falls at intensities exceeding

the infiltration capacity of the land and that is the

volume of the rain available for direct runoff.

(uu) ‘‘Reservoir’’ means the area upstream from

a dam that contains, or can contain, impounded

water.

(vv) ‘‘Repair’’ means any action, other than

maintenance, taken to restore a dam and its appurtenant works to their original permitted

condition.

(ww) ‘‘Service spillway’’ means an open-channel

spillway constructed over or around a dam embankment to convey safely past the dam all flows

entering the reservoir that cannot be stored in the

reservoir behind a dam that does not have a primary spillway.

(xx) ‘‘Size factor’’ means the effective height of

the dam, expressed in feet, multiplied by the effective storage of the reservoir, expressed in acrefeet.

(yy) ‘‘Stilling basin’’ means an open structure or

excavation at the outlet of a spillway that dissipates

the energy of fast-moving water being discharged

from the spillway to protect the streambed below

a dam from erosion.

(zz) ‘‘Stream’’ means any watercourse that has

a well-defined bed and well-defined banks and

that has a watershed above the point marking the

site of the project that exceeds the following number of acres in the zones specified:

(1) Zone three: 640 acres for all geographic

points within any county west of a line formed by

the adjoining eastern boundaries of Phillips,

Rooks, Ellis, Rush, Pawnee, Edwards, Kiowa, and

Comanche counties;

(2) zone two: 320 acres for all geographic points

within any county located east of zone three and

west of a line formed by the adjoining eastern

boundaries of Republic, Cloud, Ottawa, Saline,

McPherson, Reno, Kingman, and Harper counties; and

(3) zone one: 240 acres for all geographic points

within any county located east of zone two.

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The flow of a stream is not necessarily continuous and can occur only briefly after a rain in the

watershed. If the site of the project has been altered so that a determination of whether the welldefined bed and banks did exist is not possible, it

shall be presumed that the bed and banks did exist

if the watershed acreage criteria specified in this

subsection have been met, unless the owner of the

project conclusively demonstrates that the welldefined bed and banks did not exist when the project site was in its natural state and had not been

altered by human activity.

(aaa) ‘‘Stream obstruction’’ means any project

or structure that is wholly or partially placed or

constructed in a stream and that does not meet

the definition of a dam in K.S.A. 82a-301 and

amendments thereto.

(bbb) ‘‘Time of concentration’’ means the time

required for runoff to flow from the hydraulically

most distant point in the watershed to the watershed outlet once the soil has become saturated

and minor depressions have been filled.

(ccc) ‘‘Trash rack’’ means a protective device

installed on the inlet of a primary spillway to prevent trash and other debris from obstructing the

primary spillway without obstructing the flow of

water.

(ddd) ‘‘Watershed’’ means all of the area draining toward a selected point on a stream.

(eee) ‘‘Wing dike’’ means an earthen or rock

structure below the toe of a dam that is constructed to protect the embankment from erosion.

(fff) ‘‘Zone,’’ in an earthen dam, means a segment of earthen fill containing similar materials.

(ggg) ‘‘Zoned fill’’ means an embankment divided into two or more zones to make the best use

of available materials. (Authorized by and implementing K.S.A. 2006 Supp. 82a-303a; effective

May 1, 1983; amended May 1, 1987; amended, T5-12-30-91, Dec. 30, 1991; amended Feb. 17,

1992; amended Sept. 22, 2000; amended May 18,

2007.)

5-40-2. Dams; plans and specifications.

The plans required by K.S.A. 82a-302, and

amendments thereto, to construct, repair, or

modify a dam shall include sufficient views to

show all features in three dimensions and in sufficient detail to instruct a competent contractor to

construct, repair, or modify the dam by viewing

the plans and specifications. All plans with multiple pages shall include an index describing the

location of required views within the plans. The

views and maps specified in this regulation shall

be shown. Specific details shall be listed under the

view that is typically most appropriate, but they

may be displayed on another view to improve the

legibility of the plans if sufficient detail is provided

in the plans to describe each feature in three dimensions. The required plans shall include the

following:

(a) Plan views of the dam and dam site, which

shall include both abutments of the dam, the area

downstream to the point where the auxiliary spillway or service spillway flows enter the receiving

channel, and the area upstream of the upstream

toe of the dam to where the borrow area will be

permitted. All elevations shown on plans shall be

referenced to the same datum as the benchmarks

described on the plans. The following details shall

be shown, if applicable:

(1) The location of the axis of the dam, showing

stationing and top width limits;

(2) the toe of the upstream and downstream

slopes;

(3) the location of the centerline and the limits

of each open-channel spillway;

(4) the location of the primary spillway and any

stilling basin;

(5) the location of each berm;

(6) the location of slope protection;

(7) the location of borings, test holes, and test

pits;

(8) the location of intakes, outlets, valves, and

valve wells;

(9) the location, description, and elevation of

each benchmark;

(10) the location, description, and details of all

foundation drains;

(11) the location and limits of each borrow area;

and

(12) the location and topography of the area

where the auxiliary spillway discharge returns to

the receiving stream;

(b) a map of the drainage pattern above and

below the dam site drawn to an appropriate scale.

The map shall show the following:

(1) The location of the watercourse across

which the dam is to be built and the point where

the centerline of the dam crosses the centerline

of the stream specified in latitude and longitude,

or in feet north and west of the southeast corner

of the section;

(2) the location of the dam and the outline of

the reservoir;

(3) the boundary of the watershed, shown by a

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line enclosing the entire area that will drain into

the reservoir;

(4) section lines, with sections properly identified; and

(5) the size of the drainage area in acres or

square miles;

(c) a topographic map of the dam site and reservoir area, which shall be shown to a scale that

provides sufficient detail to clearly show the required features and to locate them in the field,

but in no case is less than 1 to 3,600. The elevation

of each contour shall be clearly noted on the map.

The following details shall be shown:

(1) The location of the dam; and

(2) the following topography:

(A) The contours at two-foot intervals. For

dams more than 20 feet in height, contours may

be spaced at greater intervals, but the interval

shall not exceed four feet;

(B) the contour equivalent to the elevation of

the lowest uncontrolled spillway inlet, not including any low-flow augmentation works;

(C) the contour equivalent to the maximum water surface reached during the design storm;

(D) the contour equivalent to the elevation of

the top of the dam;

(E) construction ingress and egress routes to

the dam and reservoir;

(F) the name and address of each person owning any of the following:

(i) The land on which the dam and its appurtenances, including the auxiliary spillway or service spillway, down to the location where the spillway discharges back to the receiving stream, will

be constructed;

(ii) ingress and egress routes to the dam and

reservoir;

(iii) the reservoir site up to the top of the dam

elevation; and

(iv) the borrow areas if they are located outside

the reservoir site;

(G) if the reservoir area is divided between

more than one landowner, the property lines,

which shall be shown on the topographic map of

the reservoir;

(H) roads, railroads, pipeline crossings, and any

other prominent features in the vicinity;

(I) the boundary line for each easement; and

(J) the limits of each borrow area;

(d) the cross-section view of the valley at the

dam site, which shall be shown along the centerline of the dam with the same stationing as that

used on the plan view. The following shall be

shown:

(1) The elevation to which the top of the dam

is to be maintained and the elevation to which the

dam is to be initially constructed in order to provide an adequate settlement allowance;

(2) the location and elevation of the auxiliary

spillway or service spillway at the centerline of the

dam;

(3) the original surface of the ground, including

the streambed, up to the elevation of the top of

the dam;

(4) the proposed elevations of the bottom of the

cutoff trench; and

(5) the location of all test holes and the materials encountered in the test holes;

(e) a cross-section view perpendicular to the

centerline of the dam at the lowest point on the

downstream toe extending to the limits of the fill

being placed. If the cross section is variable, a typical section shall be shown for each reach of similar cross section with a proper description of the

reach by stationing. Additional typical cross sections along the centerline of the primary spillway

and the centerline of any other outlets shall be

shown. Cross sections of the dam shall include the

following:

(1) The elevations of the shoulders and centerline of the dam and the width of the top of the

dam;

(2) the elevation of the top of any berm, the

elevation of the outside shoulder of any berm, and

the top width of any berm;

(3) the slopes of upstream and downstream

faces of the dam;

(4) the elevation, location, and type of slope

protection;

(5) the zones of the embankment;

(6) the dimensions to which the dam is to be

constructed to provide an adequate allowance for

settlement;

(7) the elevation, location, and dimensions of

the planned cutoff trench; and

(8) the elevation of the downstream toe of the

dam at its lowest point;

(f) the following information concerning each

open-channel spillway:

(1) A plan view showing the location and stationing along the centerline of the spillway, together with the location of the control section;

(2) cross sections showing side slopes and dimensions of the spillway, and the original surface

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DESIGN OF EARTH DAMS 5-40-2a

363

of the ground up to the point where the spillway

sides intersect the original ground surface;

(3) a profile along the centerline of the spillway,

extending from the point upstream where the profile of the spillway intersects natural ground

through the control section to the streambed below the dam. The stationing on the profile shall

correspond to that on the plan view. The station

and elevation of the breaks in the grade of the

spillway shall be shown. This profile shall show the

existing ground elevation, proposed grade of the

bottom of the spillway, elevation of slope protection on the side slopes, and geologic logs of the

borings required in the auxiliary spillway or service spillway by K.A.R. 5-40-40, superimposed on

the profile through which the spillway is excavated; and

(4) the data necessary to stake out any curves;

(g) the following information concerning the

primary spillway:

(1) The profile along the centerline of the spillway, extending from the intake to the outlet,

showing the size, dimensions, and locations of

seepage control features. This profile shall show

existing ground elevations and the proposed grade

of the spillway;

(2) the plan, profile, and cross-section views of

the stilling basin, primary spillway supports, and

other features;

(3) the geologic logs of the borings done in the

vicinity of the primary spillway shall be superimposed on the profile;

(4) the location and type of all bedding

materials;

(5) a table of pipe grades for all concrete pipes;

and

(6) conduit joint details;

(h) the number of acres enclosed by each contour within the reservoir area and the total storage

capacity of the reservoir in acre-feet at the elevation of each contour, which shall be determined

and tabulated on the plan. The data shall be compiled for all contours in the reservoir up to the

elevation of the top of the dam. Computations of

capacity shall be based on the natural topography

of the reservoir basin but may include the volume

of any excavation in the reservoir made during

construction of the dam;

(i) a curve or table showing the discharge capacities, in cubic feet per second, of all spillways

through a range of surface water elevations from

the lowest spillway inlet elevation to the top of the

dam elevation, which shall be developed and

shown on the plans or in the design report;

(j) the following information, which shall be

shown on the plans in plan view, profile, and cross

section:

(1) Drain details, including foundation drains;

(2) permanent erosion control protection, including riprap; and

(3) details of stilling basins, outlets, and other

appurtenant structures; and

(k) the following information, which shall be

shown on either the plans or the specifications:

(1) A table of gradation for each drain; and

(2) a table of gradation of the bedding of the

riprap. (Authorized by K.S.A. 2006 Supp. 82a303a; implementing K.S.A. 2006 Supp. 82a-302

and 82a-303a; effective May 1, 1983; amended

May 1, 1985; amended May 1, 1987; amended

May 18, 2007.)

5-40-2a. Benchmarks. (a) At least two

permanent benchmarks shall be installed for future reference at each dam. Each benchmark shall

be located according to the following criteria:

(1) In an area where the benchmark will not be

disturbed, destroyed, or inundated after the dam

is complete; and

(2) along the centerline of the dam on either

end of the dam, if practical, and in undisturbed

soil.

(b) On high-impact dams, each permanent

benchmark shall also meet the following criteria:

(1) Be installed in a hole that meets the following criteria:

(A) Is 12 inches in diameter; and

(B) is at least 42 inches deep or is drilled to

bedrock, whichever is less;

(2) be constructed of one or more steel reinforcing bars at least 3

⁄8 inch in diameter and 36

inches in length or the length of the depth of the

hole, whichever is less. The reinforcing bar or bars

shall be placed in the hole and the hole backfilled

with concrete rounded off flush with the ground;

(3) be capped by a metal survey marker; and

(4) be either marked by a witness post or survey

marker sign or tied to at least two objects in the

vicinity by distance and bearing.

(c) On low-impact dams, each permanent

benchmark shall also meet the following minimum requirements:

(1) Be constructed of a reinforcing bar that is

36 inches long, one-half inch in diameter, and

driven flush with the surface of the ground;

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364

(2) be installed at a location protected from

grazing animals and vehicular traffic; and

(3) be either marked by a witness post or survey

marker sign or tied to at least two objects in the

vicinity by distance and bearing.

(d)(1) The elevation and horizontal location of

each permanent benchmark shall be shown on the

as-built drawings or the construction inspection

report. The location of each permanent benchmark shall be described in reference to centerline

stationing and offset from the centerline. The elevation of each permanent benchmark for all of

the following classes of dams shall be referenced

to the national geodetic vertical datum of 1988, or

other acceptable national vertical datum, to a tolerance of plus or minus 0.5 foot:

(A) Class size two, hazard classes B and C;

(B) class size three dams; and

(C) class size four dams.

(2) The elevation of each benchmark for class

sizes one and two, hazard class A dams may be

referenced to an assumed datum.

(e) Horizontal control shall be referenced to the

Kansas state plane coordinate system as set forth

in K.S.A. 58-20a01 et seq., and amendments

thereto. The location of each benchmark shall be

shown on the as-built drawings or the notice of

completion by using either of the following:

(1) The plane coordinate values consisting of a

northing and an easting from the appropriate

monumented point according to K.S.A. 58-20a03,

and amendments thereto; or

(2) the feet distances north or south, and east

or west, from the nearest or most convenient section corner. (Authorized by K.S.A. 2006 Supp.

82a-303a; implementing K.S.A. 2006 Supp. 82a302 and 82a-303a; effective May 18, 2007.)

5-40-2b. Design reports. (a) The application for each permit to construct, repair, or modify

a dam shall be accompanied by a design report

prepared by the engineer who designed the new

dam or the repair or modification of an existing

dam. The design report shall document every major design element of the dam, the conditions that

must be addressed in the construction of the project, and the manner in which those conditions

will be addressed. The design report shall document the design process, including references to

each design method and computer program utilized in the design, and shall include the following:

(1) The design of any slope protection for the

embankment and the auxiliary or service spillway.

If no slope protection is provided, the report shall

provide justification for not having slope

protection;

(2) documentation of the determination of the

hazard class;

(3) a report of the geotechnical investigation,

including the results of the testing required in

K.A.R. 5-40-40 through K.A.R. 5-40-42, and all

boring logs not shown on the plans;

(4) documentation of the embankment design

based upon the geotechnical investigation;

(5) documentation of the hydrological evaluation, including the determination of the composite

curve number and drainage area;

(6) if a proposed dam is part of a general plan,

the report shall evaluate whether the proposed

dam conforms to the general plan;

(7) the design of the foundations, including the

proposed depth of the cutoff trench;

(8) the design of the drains, including size, material gradation, interface with soil, and outlets;

(9) the design of the pipe bedding, including

documentation that the loading and deflection

conditions are met;

(10) the stilling basin design;

(11) documentation of the flood routing or

routings;

(12) the gradation of the material in the diaphragm and the design of the diaphragm; and

(13) any other relevant information required by

the chief engineer.

(b) In addition to those items required in subsection (a), the design report for each high-impact

dam shall include the following:

(1) The auxiliary spillway or service spillway

analysis required by K.A.R. 5-40-56(c), if applicable, or K.A.R. 5-40-57(a);

(2) a slope stability analysis; and

(3) an embankment settlement analysis. (Authorized by K.S.A. 2006 Supp. 82a-303a; implementing K.S.A. 2006 Supp. 82a-302 and 82a-303a;

effective May 18, 2007.)

5-40-3. Specifications. (a) Each applicant

shall submit specifications with the application for

a permit to construct a dam. The specifications

shall address every major element in the construction of the dam and the materials used to construct the dam. The specifications shall be clear,

legible, and sufficiently detailed to ensure that the

dam and appurtenant works will be properly constructed and shall meet the requirements of sound

engineering principles and commonly accepted

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DESIGN OF EARTH DAMS 5-40-5a

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engineering practices. The specifications shall

state the minimum quality of materials and workmanship that is acceptable and the required materials tests and testing frequency. The specifications shall cover the following:

(1) The excavation procedures;

(2) the placement and compaction of earthen

fill;

(3) the dewatering process;

(4) concrete and reinforcing steel requirements

and placement;

(5) the materials for and placement of all

conduits;

(6) the materials for and placement of permanent erosion control measures;

(7) drains and seepage control, including aggregate requirements; and

(8) seeding and fencing.

The specifications shall also include an index.

The specifications may be submitted electronically in a form and manner prescribed by the chief

engineer.

(b) A copy of the plans and specifications that

have been approved by the chief engineer shall

be accessible at the construction site at all times

during construction. (Authorized by K.S.A. 2006

Supp. 82a-303a; implementing K.S.A. 2006

Supp. 82a-302 and 82a-303a; effective May 1,

1983; amended May 1, 1987; amended May 18,

2007.)

5-40-4. Preparer of maps, plans, profiles, reports, and specifications. In addition to

the requirements of the Kansas state board of

technical professions, the requirements in this

regulation shall apply. (a) Each map, plan, profile,

report, and specification submitted to the chief

engineer for approval shall be prepared by, or under the supervision of, a person who is competent

in the design and construction of channel changes

or stream obstructions, as appropriate.

(b) Maps, plans, profiles, reports, and specifications for any dam shall be prepared by, or under

the supervision of, a licensed professional engineer who is competent in the design and construction of dams.

(c) Maps, plans, profiles, reports, and specifications for any channel change or stream obstruction project on a navigable stream or a stream having a mean annual flow of 100 cubic feet per

second or more at the proposed location of the

project shall be prepared by a licensed professional engineer who is competent in the design of

that type of project.

(d) No provision of this regulation, and no decision made by the chief engineer pursuant to this

regulation, shall alter the responsibilities or duties

of any licensee of the Kansas state board of technical professions to comply with that board’s

requirements. (Authorized by K.S.A. 2006 Supp.

82a-303a; implementing K.S.A. 2006 Supp. 82a302 and 82a-303a; effective May 1, 1983;

amended May 1, 1986; amended May 1, 1987;

amended Sept. 22, 2000; amended May 18, 2007.)

5-40-5. Determining the capacity of a

reservoir. (a) The capacity of each proposed reservoir shall be determined as specified in K.A.R.

5-40-2(h).

(b) The capacity of each existing reservoir shall

be determined by using the procedure specified

in K.A.R. 5-40-2(h) for contours above the water

surface. The engineer determining the reservoir

capacity shall demonstrate the validity of the

method that the engineer selects to extrapolate

the data for contours below the water surface. The

capacity of an existing reservoir shall not be reduced by including the accumulated sediment.

(Authorized by K.S.A. 2006 Supp. 82a-303a; implementing K.S.A. 2006 Supp. 82a-301 and 82a303a; effective May 1, 1983; amended May 18,

2007.)

5-40-5a. Determining the height of a

dam or barrier. To determine the height of a

dam or barrier pursuant to K.S.A. 82a-301(b) and

amendments thereto, that measurement shall be

made as follows: (a) The height of a dam or barrier

that extends across the natural bed of a stream or

watercourse shall be the vertical distance measured from the bed of the stream or watercourse

at the downstream toe of the dam or barrier to

the lowest elevation on the top of the dam or barrier, excluding any open-channel spillway and any

anomalous low points.

(b) The height of a dam or barrier that does not

extend across the natural bed of a stream or watercourse shall be the vertical distance measured

from the lowest elevation of the outside limit of

the dam or barrier to the lowest elevation on the

top of the dam or barrier, excluding any openchannel spillway and any anomalous low points.

(c) The height of a proposed barrier or dam

shall be measured from the planned top of the

dam, excluding any allowance for settlement. (Authorized by K.S.A. 2006 Supp. 82a-303a; impleB-16
5-40-6 AGRICULTURE—DIVISION OF WATER RESOURCES

366

menting K.S.A. 2006 Supp. 82a-301 and 82a-303a;

effective May 18, 2007.)

5-40-6. Waiver and stricter requirements. (a) The chief engineer may waive any of

the regulations adopted under articles 40, 41, 42

and 43 if it is shown to the satisfaction of the chief

engineer that the waiver of the regulation will not

pose a hazard to the public safety and that the

waiver is in the public interest.

(b) The chief engineer may also invoke any jurisdiction granted by statute and impose stricter

requirements than required by rules and regulations where such jurisdiction or additional

requirements are necessary to protect the public

interest, protect the public safety or prevent damage to property. (Authorized by K.S.A. 82a-303a;

implementing K.S.A. 82a-303; effective May 1,

1983; amended May 1, 1987.)

5-40-7. Other maps, plans, profiles, data

and specifications. The applicant shall also submit any other maps, plans, profiles and specifications of the dam, channel change or obstruction

and any other data which the chief engineer may

require. (Authorized by K.S.A. 82a-303a; implementing K.S.A. 82a-302; effective May 1, 1983;

amended May 1, 1987.)

5-40-8. Acceptable application. (a) To be

acceptable for filing, each application for a permit

to construct, modify, or repair a dam, other stream

obstruction, or channel change shall be accompanied by the statutorily required filing fee and

shall contain all of the following:

(1) One copy of the completed application on

a form prescribed by the chief engineer and

signed by the applicant;

(2) two copies of the maps, plans, specifications,

and profiles for a proposed or existing dam that

meet the requirements of these regulations or one

copy of the maps, plans, specifications, and profiles for any other stream obstruction or channel

change that meet the requirements of these regulations; and

(3) for a proposed or existing dam, one copy of

the design report that meets the requirements of

these regulations.

(b) If the applicant fails to meet the requirements of subsection (a), the applicant shall be notified by the chief engineer of the deficiencies in

writing and given 60 days from the time the notice

is postmarked to submit the required items. If the

required items are not submitted within 30 days

after the chief engineer’s notice is postmarked, a

reminder letter shall be sent to applicant again

requesting the required items.

(c) Any applicant may submit a request for an

extension of time to provide a complete application. The applicant shall submit the request for

extension of time before the deadline to submit

the items. The request shall also include a justification for the extension of time and an estimate

of the time needed to submit the required items.

(d) If the required items are not submitted

within 60 days after the chief engineer’s notification of deficiency, or within any authorized extension of time, the application shall be dismissed and

the application fee forfeited.

(e) If the dismissed application was for the construction, repair, or modification of an existing illegal, unpermitted dam, the removal of the dam

shall be ordered by the chief engineer.

(f) If an application is dismissed pursuant to this

regulation, within 30 days of the date of dismissal

the applicant may apply to have the application

reinstated. The application may be reinstated by

the chief engineer for good cause shown by the

applicant. (Authorized by K.S.A. 2006 Supp. 82a303a; implementing K.S.A. 2006 Supp. 82a-301,

82a-302, and 82a-303a and K.S.A. 82a-303c; effective May 1, 1983; amended May 18, 2007.)

5-40-9. (Authorized by K.S.A. 82a-303a; implementing K.S.A. 82a-302; effective May 1, 1983;

amended May 1, 1985; amended May 1, 1986; revoked May 18, 2007.)

5-40-10. (Authorized by K.S.A. 82a-303a;

implementing K.S.A. 82a-302; effective May 1,

1984; amended May 1, 1985; amended May 1,

1986; revoked May 18, 2007.)

5-40-11. (Authorized by K.S.A. 82a-303a;

implementing K.S.A. 82a-302 and 82a-303; effective Sept. 22, 2000; revoked May 18, 2007.)

5-40-12. As-built drawings. (a) Each permit shall be conditioned by the chief engineer to

require as-built drawings for each category listed

in subsection (b) to be submitted within 90 days

of the completion of the dam, repairs, or modifications, or any extension of time authorized by the

chief engineer for good cause. The drawings shall

be prepared by a person qualified to prepare the

original plans and specifications pursuant to

K.A.R. 5-40-4.

(b) As-built drawings shall be submitted for

each of the following categories:

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DESIGN OF EARTH DAMS 5-40-16

367

(1) All high-impact dams;

(2) any dam, if required by the chief engineer

as a condition of the permit to build, repair, or

modify the dam; and

(3) any dam, if required by the chief engineer

as the result of an approval of a change in the

approved plans requested by the applicant during

construction.

(c) The as-built drawings shall show all the features of the structure included in the approved

plans as those features were constructed. A legibly

marked-up copy of the approved plans shall be

acceptable as as-built drawings.

(d) A profile of the bottom of the cutoff trench

as constructed shall be shown on the as-built

drawings. (Authorized by K.S.A. 2006 Supp. 82a303a; implementing K.S.A. 82a-303 and 82a-303a;

effective May 1, 1987; amended May 18, 2007.)

5-40-13. (Authorized by K.S.A. 82a-303a;

implementing K.S.A. 82a-303; effective May 1,

1987; revoked May 18, 2007.)

5-40-14. Testing a principal spillway

pipe installation in a dam; applicability. (a)

For the purpose of testing the leakage rate of principal spillway pipe installation in a dam, an applicant shall conduct a static pressure test of each

principal spillway installation constructed of corrugated metal pipe.

(b) A static pressure test shall be required only

of a principal spillway installation made of corrugated metal pipe, unless the chief engineer determines that testing principal spillway pipe made of

other materials or testing other pipes used in the

construction of dams is necessary to protect public

safety, life, or property. (Authorized by K.S.A.

82a-303a; implementing K.S.A. 82a-303b; effective Sept. 22, 2000.)

5-40-15. Testing a principal spillway

pipe installation in a dam; general procedures. The following general procedures shall apply to all static pressure tests required by K.A.R.

5-40-14: (a) The applicant shall conduct the test

before backfilling around and over the principal

spillway pipe and after laying the pipe on the

grade line and connecting the pipe according to

the approved plans and the manufacturer’s

requirements.

(b) The applicant, the applicant’s representative, or the contracting officer shall make arrangements for the chief engineer, or a person designated by the chief engineer, to be present during

the test.

(c) The applicant shall place a watertight plug

in the downstream end of the pipe. The plug shall

be sufficient to withstand a pressure of three

pounds per square inch for the duration of the

test. The plug shall be equipped with an acceptable means of draining the water out of the pipe

after completion of the test.

(d) The applicant shall fill the pipe with water

up to an elevation of 10 feet above the flow line

at the pipe outlet, or up to the principal spillway

inlet elevation, whichever is less, unless a different

elevation is required by the test method described

in K.A.R. 5-40-16(b).

(e) The applicant shall note the exact elevation

of the water surface at the time the test begins.

At the end of the prescribed test duration, the

applicant shall measure the water surface

elevation.

(f) The applicant shall use one of the test methods described in K.A.R. 5-40-16 to determine

whether the water leakage rate is acceptable.

(g) If the leakage rate determined by either of

the methods described in K.A.R. 5-40-16 is not

acceptable, the applicant shall determine the

source of the leakage and correct the leakage. After correction, the applicant shall perform another

test in accordance with K.A.R. 5-40-15 and K.A.R.

5-40-16.

(h) If the leakage rate determined by either of

the methods described in K.A.R. 5-40-16 is acceptable, the applicant shall drain and backfill the

pipe in the manner prescribed by the approved

plans and specifications. (Authorized by K.S.A.

82a-303a; implementing K.S.A. 82a-303b; effective Sept. 22, 2000.)

5-40-16. Testing a principal spillway

pipe installation in a dam; allowable leakage

rate, test methods. The allowable leakage rate

for a principal spillway pipe installation in a dam

shall not exceed 1,000 gallons per inch diameter

of pipe per mile of pipe per day. The applicant

shall use one of the following test methods in determining whether the allowable leakage rate has

been exceeded:

(a) The applicant shall use the following test

method procedure for a drop inlet structure if the

starting and ending elevation of the water is within

the vertical drop structure and above the top of

the barrel:

(1) Calculate the allowable leakage rate in galB-18
5-40-20 AGRICULTURE—DIVISION OF WATER RESOURCES

368

lons per minute for the pipe being tested based

on the following formula:

The allowable leakage rate in gallons per minute 0.000132 2 d 2 l where:

d diameter of the tested pipe in inches

l length of the tested pipe in feet

If the allowable leakage rate in gallons per minute is determined to be less than one, then it shall

be assumed for the purposes of the test that the

allowable leakage rate in gallons per minute is

one.

(2) Conduct the test for 15 minutes.

(3) If the allowable leakage rate is one gallon

per minute, the applicant may use the following

table to determine the allowable drop in the elevation of the water in the riser.

Nominal diameter of riser

(inches)

Allowable drop

(feet)

18 1.13

20 0.83

24 0.64

30 0.41

36 0.28

(4) If the measured drop in the riser exceeds

the corresponding allowable drop in paragraph

(a)(1) above, the allowable leakage rate has been

exceeded, which shall not be acceptable. If the

measured drop in the riser is less than or equal to

the corresponding allowable drop in paragraph

(a)(1) above, the allowable leakage rate has not

been exceeded and shall be acceptable.

(b) The applicant shall use the following test

method procedure for all other types of installations, including canopy inlets:

(1) If filling the pipe with water up to an elevation of 10 feet above the outlet puts water

within the vertical riser below the top of the barrel, the elevation shall be reduced below the bottom of the vertical riser before the test begins.

(2) The allowable drop in elevation is a function

of the allowable leakage rate, test duration, and

the diameter and slope of the pipe. The allowable

drop in the pipe in feet shall be calculated by use

of the following formula:

allowable rate (gallons per minute) 2 test duration (minutes) 2 slope (%)

[diameter (inches)]2 2 4.08

(3) The minimum test duration shall be 15

minutes. If the above formula results in an allowable drop of less than 0.1 foot in 15 minutes, the

test duration shall be extended so that the allowable drop is greater than 0.1 feet.

(4) The water surface elevation drop shall be

measured by means of a clear plastic tube installed

in the plug at the downstream end of the principal

spillway pipe. Any other means of measuring the

drop in elevation shall be approved by the chief

engineer in advance of the test.

(5) If the measured drop is greater than the

allowable drop as calculated in paragraph (b)(2),

the allowable leakage rate has been exceeded,

which shall not be acceptable. If the allowable

drop is less than or equal to the allowable drop as

calculated in paragraph (b)(2), the allowable leakage rate has not been exceeded, which shall be

acceptable. (Authorized by K.S.A. 82a-303a; implementing K.S.A. 82a-303b; effective Sept. 22,

2000.)

5-40-20. Hazard classes of dams. (a) The

hazard classes of dams shall be determined from

the following based on the location of the dam,

the hazards found within the inundation area, and

the impact of a failure of a dam:

(1) A ‘‘hazard class A dam’’ shall mean a dam

located in an area where failure could damage

only farm or other uninhabited buildings, agricultural or undeveloped land including hiking trails,

or traffic on low-volume roads that meet the

requirements for hazard class A dams as specified

in subsections (b) and (c).

(2) A ‘‘hazard class B dam’’ shall mean a dam

located in an area where failure could endanger a

few lives, damage an isolated home, damage traffic on moderate-volume roads that meet the

requirements for hazard class B dams as specified

in subsections (b) and (c), damage low-volume

railroad tracks, interrupt the use or service of a

utility serving a small number of customers, or

inundate recreation facilities, including campground areas intermittently used for sleeping and

serving a relatively small number of persons.

(3) A ‘‘hazard class C dam’’ shall mean a dam

located in an area where failure could result in

any of the following:

(A) Extensive loss of life;

(B) damage to more than one home;

(C) damage to industrial or commercial

facilities;

(D) interruption of a public utility serving a

large number of customers;

(E) damage to traffic on high-volume roads that

meet the requirements for hazard class C dams as

specified in subsections (b) and (c) or a high-volume railroad line;

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DESIGN OF EARTH DAMS 5-40-23

369

(F) inundation of a frequently used recreation

facility serving a relatively large number of persons; or

(G) two or more individual hazards described

in hazard class B.

(b) If there is a road across any part of the embankment or a spillway, including the auxiliary

spillway or service spillway channel down to the

receiving stream, the daily vehicular traffic shall

be considered in determining the hazard classification, in addition to the criteria specified in subsection (a). The hazard classifications specified in

this subsection shall be used if these classifications

are more stringent than the hazard classifications

required by subsection (a).

Hazard class Vehicles per day

A 0 through 100

B 101 through 500

C more than 500

(c) If any road in the inundation area does not

meet the criteria of subsection (b), the daily vehicular traffic shall be considered in determining

the hazard classification, in addition to the criteria

specified in subsection (a). The hazard classifications specified in this subsection shall be used if

these classifications are more stringent than the

hazard classifications otherwise required by subsection (a).

Hazard class Vehicles per day

A 0 through 500

B 501 through 1,500

C more than 1,500

(Authorized by K.S.A. 2006 Supp. 82a-303a; implementing K.S.A. 2006 Supp. 82a-303a and 82a303b; effective May 18, 2007.)

5-40-21. Class sizes of dams. (a) Each

dam that the chief engineer has authority to regulate pursuant to K.S.A. 82a-301 et seq., and

amendments thereto, with an effective height of

less than 25 feet and an effective storage of less

than 50 acre-feet shall be considered to be a class

size 1 dam. The class size of all other dams shall

be determined from the following table:

Class size Size factor

2 less than 3,000

3 3,000 through 30,000

4 more than 30,000

(b) Each existing permitted dam and each dam

for which an application was submitted before the

effective date of this regulation shall continue to

have the effective height measured from the flow

line of the stream at the centerline of the dam.

(Authorized by K.S.A. 2006 Supp. 82a-303a; implementing K.S.A. 2006 Supp. 82a-303a and 82a303b; effective May 18, 2007.)

5-40-22. Design requirements for construction of a dam. Each dam constructed shall

meet or exceed the design requirements specified

in the table in this regulation. The minimum top

of the dam elevation shall be the maximum water

surface elevation determined by routing the design storm specified in the following table, using

the methodology specified in K.A.R. 5-40-30

through K.A.R. 5-40-33, through the reservoir

and the dam’s spillways, plus the minimum freeboard shown in the following table. The minimum

floor width of the open-channel spillway shall be

the minimum floor width shown in the following

table.

Dam

size

class

Hazard

class

Precipitation

for design

storm

Minimum

freeboard

in feet

Minimum

floor

width of

openchannel

spillway in

feet

1

A

B

C

2% chance

0.25 PMP

0.40 PMP

1

2

3

20

2

A

B

C

1% chance

0.25 PMP

0.40 PMP

2

2

3

30

3

A

B

C

1% chance

0.30 PMP

0.40 PMP

3

3

3

40

4

A

B

C

0.25 PMP

0.30 PMP

0.40 PMP

3

3

3

40

(Authorized by and implementing K.S.A. 2006

Supp. 82a-303a; effective May 18, 2007.)

5-40-23. Detention storage. (a) To determine the minimum required detention storage,

the applicant shall show that the computed runoff

from the detention storm can be stored in the reservoir and discharged through the primary spillway without any flow being discharged through

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5-40-24 AGRICULTURE—DIVISION OF WATER RESOURCES

370

the auxiliary spillway. The elevation of the auxiliary spillway control section shall be set so that the

computed runoff from the detention storm specified in the following table and determined from

the procedures in K.A.R. 5-40-30 through K.A.R.

5-40-33 does not result in discharge through the

auxiliary spillway.

Hazard

class

Size Purpose Minimum

detention

storm

A 1, 2 Flood control 4% chance

A 3 Flood control 4% chance

A 4 Flood control 2% chance

Hazard

class

Size Purpose Minimum

detention

storm

B All Flood control 2% chance

C All Flood control 2% chance

A 1, 2 All uses other than flood control 50% chance

A 3 All uses other than flood control 50% chance

A 4 All uses other than flood control 20% chance

B All All uses other than flood control 20% chance

C All All uses other than flood control 20% chance

Each dam that has flood control as a purpose

shall meet the detention storm requirements for

a flood control structure. A dam that is not constructed for flood control purposes and whose

auxiliary spillway meets the requirements for a

service spillway in K.A.R. 5-40-57 shall not be required to meet any minimum detention storm requirement in the table in this subsection.

(b) Each dam shall have a primary spillway and

an auxiliary spillway, unless a service spillway

meeting the requirements of K.A.R. 5-40-57 is

provided. (Authorized by and implementing

K.S.A. 2006 Supp. 82a-303a; effective May 18,

2007.)

5-40-24. Dam breach analysis. A dam

breach analysis shall be conducted on each proposed dam as specified in this regulation. If a dam

breach analysis is required for an existing dam, the

analysis shall be conducted in the same manner as

that specified in this regulation for a proposed

dam. (a) To determine the appropriate water surface elevation in the reservoir when the breach

begins, the breach analysis shall route the appropriate design duration one percent-chance storm

determined by K.A.R. 5-40-31 through the reservoir. The routing shall begin by assuming that

the water surface elevation is at the elevation of

the lowest uncontrolled spillway inlet, not including any low-flow augmentation works. The antecedent moisture condition (AMC) used to determine the runoff shall be determined according to

K.A.R. 5-40-32. The minimum water surface elevation used to begin the breach analysis shall be

the greater of the following:

(1) The water surface elevation determined by

routing the required design duration one percentchance storm through the reservoir; or

(2) the elevation of the crest of the auxiliary

spillway.

Routing the storm through the reservoir may

account for the discharge of the primary spillway

and any open-channel spillways. If the dam does

not have an open-channel spillway, the water surface elevation used shall be the elevation of the

top of the dam or the elevation resulting from using PMP as the runoff event, whichever is lower.

(b) The breach discharge shall be determined

by using the peak breach discharge criteria section

on pages 1-1 through 1-2 in ‘‘earth dams and reservoirs,’’ TR-60, dated July 2005, published by the

conservation engineering division of the natural

resources conservation service, and hereby

adopted by reference, unless the applicant receives written approval of the chief engineer to

use a model that is more appropriate for a particular dam. The breach discharge hydrograph shall

be determined by methods in NRCS TR-66, third

edition, ‘‘simplified dam-breach routing procedure,’’ dated September 1985, which is hereby

adopted by reference, including the appendices.

If another model is used, the following breach

modeling assumptions shall be used, unless the

applicant demonstrates to the chief engineer that

more appropriate assumptions should be used:

(1) The parameters shall support the assumption of a rapidly developing breach that is either

an overtopping failure or a spillway failure caused

by intense, localized erosion beginning at the

downstream end of the auxiliary spillway or service spillway and working its way upstream.

(2) If the breach model has breach width as a

variable, the minimum bottom width of the

breach shall be twice the height of the dam. If

there is a well-defined physical floodplain, the

height of the dam may be measured from the top

of the low bank of the stream to the top of the

dam for the purpose of determining the minimum

breach width.

(3) If the side slopes of the breach are a parameter of the model, vertical side slopes shall be

used.

(4) If the breach model has breach time as a

variable, the maximum breach time shall be one

minute per foot of height of the dam.

B-21
DESIGN OF EARTH DAMS 5-40-26

371

(c) The breach discharge shall be routed downstream using a hydraulic flow model in accordance

with sound engineering principles and commonly

accepted engineering practices. An unsteady state

hydraulic flow model shall be used if it is necessary to model existing hydraulic structures in the

inundation area. In all other instances, a steady

state hydraulic flow model may be used.

(d) The inundation area analyzed shall meet

both of the following requirements:

(1) Be from the downstream toe of the dam and

the control section of any open-channel section of

any open-channel spillway, downstream to the

point where the crest of the breach wave intersects the flood level of the peak discharge of the

one percent-chance storm, assuming that the dam

was not in place; and

(2) be analyzed to the point at which there are

no more hazards downstream.

The peak discharge of the one percent-chance

storm may be determined by any of the methods

provided in K.A.R. 5-42-5 or the appropriate published flood insurance study for the stream receiving the discharge from the breach of the dam.

(e) If there is more than one dam on a stream,

it shall be assumed that the most upstream dam

is breached first and that the peak flow of that

breach arrives at the next downstream dam at the

same time the peak water surface elevation from

the inflow of the one percent-chance storm from

the uncontrolled portion of the lower dam’s drainage area occurs. An appropriate model may be

used to demonstrate when the peaks will occur

for an entire system of dams, in which case the

water surface elevation modeled shall be used.

(f) If there are dams on separate tributaries

above the dam being analyzed, the modeling assumption specified in subsection (e) shall be applied only to the tributary that has the upstream

dam whose breach results in the greatest computed breach discharge at the dam being

analyzed.

(g) If digital elevation data is used in the analysis

of the breach, the data used shall have a root mean

square error of 2.5 meters or less.

(h) Cross sections for modeling purposes shall

be taken at appropriate locations, but in no case

shall the intervals be greater than 2,640 feet measured along the floodplain of the watercourse.

Cross sections shall be generally perpendicular to

the direction of flow and the contour lines that

the cross sections intersect. Cross sections may be

broken into several connected segments as

needed to meet the requirements of this

subsection.

(i) Each bridge and any other hydraulic structure that has a significant hydraulic effect shall be

included in the analysis.

(j)(1) The applicant shall submit a contour map

of the valley with contour intervals of 10 feet or

less and a scale of not less than 1:24,000, which

shall show the following:

(A) The inundation area determined from the

breach;

(B) the location of each existing hazard; and

(C) each cross section entered in the hydraulic

flow model with a label identifying the cross

section.

(2) The following items shall be shown on the

contour map or on separate documentation:

(A) The elevation of each existing hazard;

(B) the water surface elevation at each existing

hazard;

(C) the elevation of the streambed at the point

nearest each existing hazard; and

(D) a tabular report including the following information for each cross section:

(i) The label identifying each cross section

shown on the map;

(ii) the elevation of the maximum water surface

attained during the breach;

(iii) the peak discharge; and

(iv) the computed width of the water surface.

(3) If there are more than 10 hazards in any

2,640-foot reach in the flood inundation area, the

information required in paragraph (j)(2) may be

noted only for the hazard in that reach that is closest to the maximum water surface elevation measured vertically and the hazard in that reach that is

farthest from the maximum water surface elevation measured vertically.

(k) The applicant shall submit one copy of each

data file used to perform each analysis in electronic form along with identification of the computer programs used to perform the analysis and

any model documentation needed for the chief

engineer to review the analysis. (Authorized by

K.S.A. 2007 Supp. 82a-303a; implementing K.S.A.

2007 Supp. 82a-302 and 82a-303a; effective May

18, 2007; amended Oct. 3, 2008.)

5-40-26. Request to issue or reconsider

hazard class determination. (a)(1) If an owner

or applicant does not agree with the hazard classification determined for a dam, the owner or apB-22
5-40-30 AGRICULTURE—DIVISION OF WATER RESOURCES

372

plicant may file a request for reconsideration of

the hazard class determination.

(2) Each request for reconsideration shall be

submitted in writing and shall indicate the

following:

(A) The owner’s or applicant’s proposed hazard

classification;

(B) the basis of that proposal; and

(C) an explanation of why the owner or applicant believes that the determination of the hazard

classification by the chief engineer is incorrect.

The request shall also contain documentation and

analysis that support the request.

(3) Each request for reconsideration shall be

filed with the chief engineer within 15 days after

the owner or applicant is served with written notice of the hazard classification by the office of the

chief engineer or within any extension of time authorized by the chief engineer in writing.

(b) Each request for reconsideration shall be

reviewed by the chief engineer, and a final written

determination of the hazard classification shall be

made by the chief engineer.

(c) If the chief engineer has not issued a written

notice of the hazard classification, the owner or

applicant may request a written notice after the

owner or applicant has been informed verbally of

the proposed hazard classification by the chief engineer. (Authorized by K.S.A. 2006 Supp. 82a303a; implementing K.S.A. 2006 Supp. 82a-303a

and 82a-303b; effective May 18, 2007.)

5-40-30. Time of concentration. (a) Except as specified in subsections (b) and (c), the

time of concentration (Tc

) shall be determined by

using one of the methods specified in chapter 15,

‘‘travel time, time of concentration and lag,’’ in the

natural resources conservation service (NRCS)

national engineering handbook, part 630, dated

August 1972, which is hereby adopted by

reference.

(b) For drainage areas of not more than three

square miles, the time of concentration (Tc

) may

be determined by use of the Kirpich formula,

which is as follows:

Tc (

11.9L3

H )

0.385

Where

Tc the time of concentration, in hours

L the longest distance that water has to travel

in the drainage basin, in miles

H the maximum elevation difference in the

drainage basin, in feet.

(c) In addition to the methods specified in subsections (a) and (b), the applicant may determine

Tc based on sound engineering principles and

commonly accepted engineering practices if the

applicant obtains the prior written consent of the

chief engineer. (Authorized by and implementing

K.S.A. 2006 Supp. 82a-303a; effective May 18,

2007.)

5-40-31. Design duration rainfall depth.

(a) If the time of concentration is six hours or less,

a duration of six hours shall be used for all design

storms. The appropriate six-hour storm depth, in

inches, shall be selected from the following table.

County

Probability of

occurrence in any year

50% 20% 4% 2% 1% PMP

Allen 2.7 3.5 4.8 5.4 6.1 28.0

Anderson 2.7 3.5 4.8 5.3 6.0 27.8

Atchison 2.6 3.4 4.5 5.1 5.7 27.2

Barber 2.4 3.2 4.4 5.0 5.7 27.3

Barton 2.3 3.0 4.1 4.8 5.3 26.6

Bourbon 2.7 3.5 4.8 5.4 6.0 28.1

Brown 2.5 3.2 4.4 5.0 5.6 27.0

Butler 2.6 3.4 4.7 5.3 6.0 27.7

Chase 2.6 3.4 4.6 5.2 5.9 27.5

Chautauqua 2.7 3.5 4.9 5.5 6.2 28.3

Cherokee 2.8 3.6 5.0 5.5 6.2 28.5

Cheyenne 1.8 2.4 3.4 3.8 4.3 24.7

Clark 2.2 3.0 4.1 4.7 5.3 26.7

Clay 2.5 3.2 4.3 5.0 5.5 26.8

Cloud 2.4 3.1 4.2 4.8 5.4 26.6

Coffey 2.7 3.5 4.7 5.3 6.0 27.8

Comanche 2.3 3.1 4.2 4.9 5.5 27.0

Cowley 2.6 3.4 4.8 5.4 6.1 28.0

Crawford 2.8 3.6 4.9 5.4 6.1 28.3

Decatur 1.9 2.6 3.6 4.2 4.6 25.3

Dickinson 2.5 3.2 4.4 5.1 5.6 27.1

Doniphan 2.5 3.2 4.5 5.0 5.6 27.0

Douglas 2.6 3.4 4.6 5.2 5.8 27.5

Edwards 2.2 2.9 4.1 4.7 5.3 26.7

Elk 2.7 3.5 4.8 5.4 6.1 28.1

Ellis 2.1 2.9 3.9 4.6 5.0 26.2

Ellsworth 2.3 3.1 4.2 4.9 5.4 26.7

Finney 2.0 2.6 3.8 4.3 4.8 26.8

Ford 2.1 2.8 4.0 4.6 5.1 26.4

Franklin 2.7 3.5 4.7 5.2 5.9 25.8

Geary 2.5 3.2 4.4 5.1 5.7 27.1

Gove 2.0 2.6 3.7 4.3 4.7 25.7

Graham 2.0 2.7 3.8 4.4 4.8 25.8

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DESIGN OF EARTH DAMS 5-40-31

373

County

Probability of

occurrence in any year

50% 20% 4% 2% 1% PMP

Grant 1.9 2.6 3.7 4.2 4.7 25.6

Gray 2.0 2.7 3.9 4.4 4.9 26.1

Greeley 1.8 2.5 3.4 3.9 4.4 25.0

Greenwood 2.7 3.5 4.8 5.3 6.1 27.8

Hamilton 1.8 2.5 3.5 4.0 4.5 25.2

Harper 2.5 3.3 4.5 5.2 5.9 27.5

Harvey 2.5 3.3 4.5 5.1 5.8 27.4

Haskell 2.0 2.7 3.8 4.3 4.8 25.9

Hodgeman 2.1 2.8 3.9 4.5 5.0 26.3

Jackson 2.6 3.4 4.5 5.1 5.7 27.2

Jefferson 2.6 3.4 4.6 5.1 5.8 27.3

Jewell 2.3 2.9 4.0 4.7 5.1 26.3

Johnson 2.6 3.4 4.6 5.2 5.8 27.5

Kearny 1.9 2.6 3.6 4.1 4.6 25.5

Kingman 2.4 3.2 4.4 5.1 5.7 27.3

Kiowa 2.2 2.9 4.2 4.8 5.4 26.7

Labette 2.8 3.6 5.0 5.5 6.2 28.4

Lane 2.0 2.7 3.7 4.3 4.8 25.8

Leavenworth 2.6 3.4 4.6 5.1 5.8 27.4

Lincoln 2.3 3.0 4.2 4.8 5.3 26.6

Linn 2.7 3.5 4.8 5.3 6.0 27.9

Logan 1.9 2.5 3.6 4.1 4.6 25.3

Lyon 2.6 3.4 4.6 5.2 6.0 27.5

Marion 2.5 3.3 4.5 5.2 5.8 27.3

Marshall 2.5 3.2 4.3 4.9 5.5 26.8

McPherson 2.5 3.2 4.4 5.1 5.7 27.1

Meade 2.1 2.8 4.0 4.6 5.1 26.3

Miami 2.7 3.5 4.7 5.2 5.9 27.7

Mitchell 2.3 3.0 4.1 4.7 5.2 26.4

Montgomery 2.8 3.5 5.0 5.5 6.2 28.3

Morris 2.6 3.4 4.5 5.1 5.8 27.3

Morton 1.9 2.5 3.6 4.1 4.6 25.4

Nemaha 2.5 3.2 4.4 5.0 5.6 26.9

Neosho 2.7 3.5 4.9 5.5 6.1 28.2

Ness 2.1 2.8 3.9 4.5 4.9 26.1

Norton 2.0 2.6 3.7 4.3 4.7 25.6

Osage 2.6 3.4 4.6 5.2 5.9 27.5

Osborne 2.2 2.9 4.0 4.6 5.1 26.2

Ottawa 2.4 3.1 4.3 4.9 5.4 26.8

Pawnee 2.2 2.9 4.1 4.7 5.2 26.6

Phillips 2.1 2.8 3.8 4.4 4.9 25.8

Pottawatomie 2.5 3.2 4.4 5.0 5.6 27.0

Pratt 2.3 3.1 4.3 4.9 5.5 27.0

Rawlins 1.9 2.5 3.5 4.0 4.5 25.0

Reno 2.4 3.2 4.4 5.0 5.7 27.2

Republic 2.3 3.0 4.1 4.8 5.3 26.4

Rice 2.4 3.1 4.3 4.9 5.5 26.9

Riley 2.5 3.2 4.4 5.0 5.6 27.0

Rooks 2.1 2.8 3.9 4.5 4.9 26.0

County

Probability of

occurrence in any year

50% 20% 4% 2% 1% PMP

Rush 2.2 2.9 4.0 4.6 5.1 26.4

Russell 2.2 2.9 4.1 4.7 5.2 26.5

Saline 2.4 3.1 4.3 5.0 5.5 26.9

Scott 1.9 2.6 3.6 4.2 4.7 25.5

Sedgwick 2.5 3.3 4.6 5.2 5.9 27.5

Seward 2.0 2.7 3.8 4.4 4.9 26.0

Shawnee 2.6 3.4 4.6 5.1 5.8 27.4

Sheridan 2.0 2.6 3.7 4.2 4.7 25.5

Sherman 1.8 2.4 3.4 3.9 4.4 24.8

Smith 2.2 2.9 3.9 4.6 5.0 26.1

Stafford 2.3 3.0 4.2 4.9 5.4 26.9

Stanton 1.9 2.5 3.6 4.1 4.5 25.3

Stevens 1.9 2.6 3.7 4.3 4.7 25.8

Sumner 2.6 3.4 4.7 5.3 6.0 27.8

Thomas 1.9 2.5 3.5 4.1 4.5 25.2

Trego 2.0 2.7 3.8 4.4 4.9 25.9

Wabaunsee 2.6 3.4 4.5 5.1 5.8 27.3

Wallace 1.8 2.4 3.4 3.9 4.4 24.9

Washington 2.4 3.1 4.2 4.9 5.4 26.6

Wichita 1.9 2.5 3.5 4.1 4.5 25.3

Wilson 2.7 3.5 4.9 5.4 6.1 28.1

Woodson 2.7 3.5 4.8 5.4 6.1 28.0

Wyandotte 2.6 3.4 4.6 5.1 5.8 27.4

(b) If the time of concentration of the watershed, or any subwatershed being used to develop

the inflow hydrograph, is more than six hours, the

ratio for the time equal to or greater than the computed time of concentration shall be selected from

the following table. Linear interpolation shall be

acceptable. That ratio shall be multiplied by the

depth of the six-hour rainfall in the table in subsection (a). The resulting depth is the design duration rainfall depth.

Relative increase in rainfall amount

for storm durations over six hours

Time (hours) 100-year ratio PMP ratio

6 1.000 1.000

6.5 1.019 1.013

7 1.035 1.025

7.5 1.051 1.037

8 1.066 1.048

8.5 1.081 1.058

9 1.094 1.068

9.5 1.108 1.078

10 1.120 1.087

10.5 1.132 1.096

11 1.144 1.104

11.5 1.155 1.112

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5-40-32 AGRICULTURE—DIVISION OF WATER RESOURCES

374

Time (hours) 100-year ratio PMP ratio

12 1.166 1.120

13 1.187 1.134

14 1.207 1.148

15 1.225 1.161

16 1.243 1.173

17 1.259 1.185

18 1.275 1.196

20 1.305 1.217

22 1.333 1.236

24 1.359 1.254

(c) If the drainage area exceeds 10 square miles,

the rainfall depth obtained from the table in subsection (a) may be reduced by the ratio shown in

the table in this subsection. The ratio for the zone

in which the dam is located and a drainage area

less than or equal to the actual drainage area

above the dam shall be selected. The use of linear

interpolation shall be acceptable. That ratio shall

be multiplied by the depth of rainfall from the

table in subsection (a). The result is the design

duration rainfall depth. The ratios in subsection

(b) and this subsection may be used together, if

subsections (b) and (c) both apply.

Drainage

area

Reduction ratio

(sq. mi.) Zone 1 Zone 2 Zone 3

10 1.00 1.00 1.00

12 0.99 0.99 0.98

15 0.97 0.95 0.93

17 0.96 0.94 0.91

20 0.94 0.91 0.88

22 0.93 0.90 0.86

25 0.92 0.88 0.83

27 0.92 0.87 0.82

30 0.91 0.86 0.80

35 0.90 0.84 0.77

40 0.88 0.82 0.75

45 0.87 0.80 0.72

50 0.86 0.78 0.70

60 0.84 0.75 0.65

70 0.82 0.72 0.62

80 0.80 0.70 0.59

90 0.79 0.68 0.57

100 0.78 0.67 0.55

Zone 1, zone 2, and zone 3 shall have the meanings specified in K.A.R. 5-40-1 under the definition of a ‘‘stream.’’ (Authorized by and implementing K.S.A. 2006 Supp. 82a-303a; effective

May 18, 2007.)

5-40-32. Determination of rainfall excess. (a) Rainfall excess shall be determined by

using the natural resource conservation service

(NRCS) runoff curve number method.

(b) The antecedent moisture condition (AMC)

to be used when determining the curve number

for the design storm shall be one of the following:

(1) For zone one, the curve number determined using AMC III;

(2) for zone two, the curve number determined

by averaging the AMC II and AMC III curve

numbers; or

(3) for zone three, the curve number determined using AMC II.

Zone one, zone two, and zone three shall have

the meanings specified in K.A.R. 5-40-1 under the

definition of a ‘‘stream.’’

(c) If the drainage basin is in two zones, the

curve number may be weighted based on the

drainage area within each zone.

(d) AMC II shall be used in determining the

rainfall-runoff relationship used to compute the

required detention storage. (Authorized by and

implementing K.S.A. 2006 Supp. 82a-303a; effective May 18, 2007.)

5-40-33. Hydrographs. The rainfall excess

determined in K.A.R. 5-40-32 shall be used to determine the time-discharge relationship of inflow

to the reservoir for the detention storm and design

storm using the techniques described in chapter

16, ‘‘hydrographs,’’ in the natural resource conservation service (NRCS) national engineering

handbook, part 630, dated March 2007, which is

hereby adopted by reference. (Authorized by and

implementing K.S.A. 2006 Supp. 82a-303a; effective May 18, 2007.)

5-40-40. Geotechnical investigation of

all dams. (a) Each applicant shall ensure that a

sufficient geotechnical investigation is performed

on the proposed site for each dam to design the

dam in accordance with the regulations of the

chief engineer and with sound engineering principles and commonly accepted engineering practices. The materials under the proposed dam,

open-channel spillway, and borrow area shall be

investigated before design and submission of the

application for a permit to construct a dam. If

unusual or unexpected foundation conditions

are encountered in the investigations required

in this regulation, additional geotechnical investigation and soil mechanics testing shall be performed as necessary to design and construct the

dam in accordance with the regulations of the

B-25
DESIGN OF EARTH DAMS 5-40-42

375

chief engineer and with sound engineering principles and commonly accepted engineering

practices.

(b) The geotechnical investigation specified in

these regulations shall be designed by a licensed

professional competent in geotechnical investigation and analysis for dams.

(c) The geotechnical information specified in

these regulations shall be included in the engineering design report and submitted with the proposed construction plans. The report shall contain

a general description of the geotechnical investigation, including the method used for sampling.

(d) The soils sampled in all of the geotechnical

investigations shall be classified by using field classification methods and the uniform soil classification system.

(e) The dam design shall make appropriate accommodations for the geology discovered in the

investigation.

(f)(1) The foundation of the dam shall be investigated to a depth of not less than one-half the

height of the dam at the location of the test hole

plus five feet.

(2) If unweathered bedrock is encountered before reaching the sampling depth required in paragraph (f)(1), the sampling shall be done to the

unweathered bedrock.

(g) The static water level in each test hole shall

be recorded.

(h) A sufficient number of test holes shall be

made in each open-channel spillway to determine

the stability of the spillway crest and the outlet

channel down to the streambed elevation.

(i) A sufficient number of test holes in the borrow area shall be made to determine the amount

of suitable material available and to classify the

soil to be used in the embankment. (Authorized

by and implementing K.S.A. 2006 Supp. 82a303a; effective May 18, 2007.)

5-40-41. Geotechnical investigation of a

low-impact dam. (a) In addition to meeting the

requirements of K.A.R. 5-40-40, each low-impact

dam shall have a sufficient number of properly

placed test holes to be representative of the geology under the proposed dam embankment, with

an average of at least one test hole each 200 feet

along the centerline of the dam and at least three

test holes.

(b) Except as specified in subsection (d) and

K.A.R. 5-40-74, each existing unpermitted, illegal

dam shall have the same level of geotechnical investigation as that required for a proposed new

dam, except that testing the borrow area shall not

be required, before a permit will be issued. In

addition, the condition of the following shall be

determined:

(1) All conduits passing through the embankment;

(2) the embankment in the vicinity of the conduits; and

(3) the rest of the embankment, including any

slides, seeps, saturated areas, sloughs, and other

visible anomalies in the embankment.

(c) If there are any signs of instability in the

embankment, the stability of the slope of the existing embankment shall be analyzed according to

the requirements of K.A.R. 5-40-46(c).

(d) An existing unpermitted, illegal low-hazard dam that is class size 1, 2, or 3, for which a

qualified professional has conducted an inspection and submitted to the chief engineer a report

of that investigation demonstrating that a geotechnical investigation is not necessary to protect the public safety and property, shall not be

required to have the geotechnical investigation

required by subsection (b). (Authorized by and

implementing K.S.A. 2006 Supp. 82a-303a; effective May 18, 2007.)

5-40-42. Geotechnical investigation of a

high-impact dam. (a) In addition to meeting the

requirements of K.A.R. 5-40-40, each proposed

high-impact dam shall have at least the following

number of geotechnical test holes:

(1) A sufficient number of properly placed test

holes to be representative of the geology under

the proposed dam embankment, with an average

of at least one test hole every 100 feet along and

as close to the centerline of the dam as practical

and a minimum of three test holes; and

(2) a test hole as close as practical to the anticipated location of the following:

(A) The base of the drop inlet; and

(B) the support of the outlet pipe.

(b) At least one representative sample of undisturbed soil shall be tested to determine shear

strength parameters, permeability, and compressability.

(c) The geotechnical investigation shall determine the following for at least one representative

sample:

(1) Atterberg limits;

(2) the settlement characteristics of the proB-26
5-40-43 AGRICULTURE—DIVISION OF WATER RESOURCES

376

posed embankment materials and the foundation

of the dam;

(3) the Proctor compaction curves of soils;

(4) gradation tests of foundation materials, especially where drain systems could be located; and

(5) any other properties necessary to design a

dam to meet the requirements of the regulations

of the chief engineer, sound engineering principles, and commonly accepted engineering

practices.

(d) Each existing unpermitted, illegal dam shall

have the same level of geotechnical investigation

as that required for a proposed dam, except that

testing the borrow area shall not be required, before a permit may be issued. In addition, the following properties shall be determined:

(1) The condition of all conduits passing

through the embankment and the condition of the

embankment in the vicinity of the conduits;

(2) the in situ density of the existing embankment and its foundation;

(3) the condition of the embankment, including

any slides, seeps, saturated areas, sloughs, and

other visible anomalies in the embankment; and

(4) a slope stability analysis of the existing embankment, which shall be performed according to

the requirements of K.A.R. 5-40-46. (Authorized

by and implementing K.S.A. 2006 Supp. 82a303a; effective May 18, 2007.)

5-40-43. Cutoff trench. (a) Each dam shall

have a cutoff trench. The cutoff trench shall meet

all of the following requirements:

(1) Have side slopes no steeper than one horizontal unit to one vertical unit;

(2) have a bottom width of 10 or more feet as

necessary to meet the compaction requirements

of K.A.R. 5-40-44;

(3) be constructed to the depth justified in the

design report based on the findings in the geotechnical report, unless observations by the inspecting engineer during construction justify a

different depth;

(4) be backfilled with the most impervious material available at the site. If no impervious material is available at the site, then this material shall

be procured off-site;

(5) be backfilled with material that is contiguous to and homogeneous with the most impervious zone within the dam, if the dam is designed

as a zoned fill;

(6) be constructed in lifts that shall not exceed

nine inches for each lift; and

(7) be constructed of a material that has been

brought to acceptable moisture content.

(b) The material placed in the cutoff trench

shall be placed according to the same specifications as those required for the embankment in

K.A.R. 5-40-44. (Authorized by and implementing

K.S.A. 2006 Supp. 82a-303a; effective May 18,

2007.)

5-40-44. Embankment. (a) The minimum

top width of an embankment shall be determined

from the following table:

Height of dam

(in feet)

Minimum top width

(in feet)

less than 20 10

20 through 24.9 12

25 through 39.9 14

40 or greater 15

(b) The top of the dam shall be sloped toward

the reservoir, unless special measures are taken to

adequately control erosion on the downstream

side of the dam.

(c) The height of each lift in the embankment

and cutoff trench shall be no more than nine

inches, unless the dam is designed as a zoned fill.

If the dam is designed as a zoned fill, the lifts

outside the cutoff trench and most impermeable

zone may be larger if geotechnical data is provided

that shows that adequate compaction can be

achieved using lifts in excess of nine inches.

(d) The material in each low-impact embankment and cutoff trench shall be brought to a moisture content that can be compacted in accordance

with this subsection. Each application for a lowimpact dam shall contain specifications requiring

adequate compaction. The minimum compaction

required shall be achieved by one of the following:

(1) Using a sheepsfoot roller until the feet cease

to push into the fill material and start to walk

across the compacted surface;

(2) using the controlled movement of rubbertired earth-moving equipment so that every point

on the surface of each lift is traversed by not less

than one tread track of the equipment; or

(3) using another method that achieves the

compaction required by this subsection.

(e) Each high-impact dam shall include the following in its specifications for earth placement in

the embankment and cutoff trench:

(1) The minimum and maximum allowable levels of soil moisture;

(2) the compaction standards;

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DESIGN OF EARTH DAMS 5-40-50

377

(3) a provision for testing the soils placed during

construction; and

(4) a means to ensure that the compaction standards approved by the chief engineer are met during construction.

(f) In addition to the requirements of subsections (d) and (e), the specifications for hand-compacted fill around each conduit in the embankment shall meet the following requirements:

(1) Set a maximum lift of one-third the diameter of the outside of the conduit. However, no

lift shall exceed four inches; and

(2) specify a minimum distance around the conduit for hand compaction. (Authorized by and implementing K.S.A. 2006 Supp. 82a-303a; effective

May 18, 2007.)

5-40-45. Allowance for settlement of an

earthen dam. (a) A detailed soil mechanics investigation report shall be submitted as part of the

design report for each high-impact dam. An appropriate allowance for settlement shall be made

based on the results in the soil mechanics report.

(b) If a detailed soil mechanics investigation report is not submitted for a low-impact dam, at

least five percent of the height of the dam shall

be allowed for settlement of the embankment.

(c) An allowance for settlement on each dam

may be made by steepening the side slopes during

construction and adding to the height of the embankment as needed to increase the height of the

dam. (Authorized by and implementing K.S.A.

2006 Supp. 82a-303a; effective May 18, 2007.)

5-40-46. Side slopes of an earthen dam.

(a) The side slopes of each earthen dam shall be

designed and constructed to be stable and easily

maintained.

(b) A slope stability analysis shall be required

on each high-impact dam.

(c) If a slope stability analysis is required, the

minimum factor of safety shall be based on the

steady-state seepage load condition with the water

level at the elevation of the lowest open-channel

spillway or other uncontrolled spillway with a

trash rack that meets the requirements of K.A.R.

5-40-51, as shown in the following table:

Class size Hazard class Factor of safety

4 A 1.4

3, 4 B 1.5

1, 2, 3, 4 C 1.5

(d) Each dam whose face is subject to prevailing

winds shall be given additional protection from

erosion caused by wave action, which may include

a flatter side slope, the use of riprap, or the use

of grass or vegetation adapted to fluctuating water

levels. The design of any slope protection for the

embankment and the auxiliary spillway or service

spillway shall be shown on the plans. If no slope

protection is provided, regardless of the orientation of the dam, the design report shall provide

justification for not having slope protection.

(e) The steepest allowable design side slope

shall be three horizontal units to one vertical unit

on the upstream side of the dam, and two and

one-half horizontal units to one vertical unit on

the downstream slope of the dam. (Authorized by

and implementing K.S.A. 2006 Supp. 82a-303a;

effective May 18, 2007.)

5-40-50. Pipes. (a) Each pipe under or

through an embankment shall meet the following

requirements:

(1) Be capable of withstanding the external load

without buckling, cracking, being damaged, or being deformed. The minimum internal diameter of

the pipe shall not be reduced by more than the

pipe manufacturer’s stated allowable, long-term

pipe deflection limit and in no case by more than

five percent;

(2) be designed to adequately resist flotation;

(3) be impervious to water, with watertight

joints and seams;

(4) except for drawdown pipes, be installed with

sufficient slope to provide adequate drainage,

with a minimum average slope of one percent after settlement. No pipe shall have an adverse

grade through any section of pipe;

(5) if the pipe is installed in conjunction with a

riser on a high-impact dam, be placed to insure

that the requirements of paragraph (a)(4) are met

and that all pipe sections are properly aligned after settlement of the foundation and consolidation

of the embankment;

(6) have the discharge end extended a sufficient

distance beyond the downstream toe of the dam

to avoid erosion to the dam;

(7) be adequately supported at the discharge

end to prevent deflection when the pipe is flowing

full; and

(8) if the pipe is a primary spillway, be sized to

evacuate 95 percent of the detention storage in 14

or fewer days.

(b) Steel cylinder-reinforced concrete pipe shall

be acceptable for use in any dam if the design

computations, plans, and specifications related to

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5-40-51 AGRICULTURE—DIVISION OF WATER RESOURCES

378

the placement of the pipe meet the minimum

requirements of the manufacturer.

(c) In applying the provisions of subsections (c),

(e), and (f), the depth of fill over the top of each

pipe shall be measured from the top of the embankment after settlement has occurred. Reinforced concrete pipe shall be acceptable for use

in a low-impact dam if less than 30 feet of fill will

be placed over the pipe and if the design computations, plans, and specifications related to the

placement of the pipe meet the minimum

requirements of the manufacturer.

(d) Each metal pipe shall be coated with a protective coating adequate to prevent corrosion for

the planned life of the dam, or the design report

shall include an estimate of the expected life of

the pipe, the expected life of the dam, and a plan

for replacement of the pipe when it no longer

functions as designed.

(e) Corrugated metal pipe shall be acceptable

for use in any hazard class A or B dam if no more

than 25 feet of fill is placed over the pipe.

(f)(1) Polyvinyl chloride pipe shall be acceptable for use in any dam if the maximum fill over

the pipe does not exceed the depth specified in

the following table:

Standard dimension

ratio

Maximum fill over top of

pipe

(SDR) (feet)

SDR 17 and thicker 35

SDR 18 31

SDR 21 23

SDR 25 18

SDR 26 16

SDR 28 14

A pipe with walls thinner than SDR 28 shall not

be used.

(2) Polyvinyl chloride pipe shall not be placed

in high-plasticity soils.

(3) Each portion of polyvinyl chloride pipe that

will be exposed to sunlight shall be protected as

recommended by the manufacturer of the pipe or

shall be encased in a protective material.

(g) Pipe materials other than those described in

subsections (b) through (f) may be used if the applicant demonstrates that all of the following criteria are met:

(1) The pipe material, accounting for any protective measures that will be taken, has a minimum expected life of 25 years if exposed to sunlight or buried in soil with the same characteristics

of the soil to be used to construct the dam.

(2) All of the pipe manufacturer’s design recommendations are met by the plans and specifications for the dam and are documented in the

design report.

(3) All of the pipe manufacturer’s recommendations for bedding, supporting, and installing the

pipe are included in the specifications for construction of the dam, except those specifications

that are demonstrated in the design report to be

inapplicable in the construction of the proposed

dam.

(4) The design report includes an estimate of

the life of the pipe, the life of the dam, and a plan

to replace the pipe when it no longer functions as

designed if the design life of the pipe is less than

that of the dam.

(5) The design report demonstrates that the

proposed placement and use of the pipe will meet

the requirements of sound engineering principles

and commonly accepted engineering practices.

(h) If the estimated life of a pipe is less than

the estimated life of the dam, the permit shall contain the condition that the pipe shall be replaced

when the pipe no longer functions properly. (Authorized by K.S.A. 2006 Supp. 82a-303a; implementing K.S.A. 2006 Supp. 82a-302 and 82a-303a;

effective May 18, 2007.)

5-40-51. Acceptable trash racks for primary spillways. (a) Except as specified in subsection (c), each new or modified primary spillway

permitted on or after the effective date of this

regulation shall be equipped with an acceptable

trash rack, as specified in subsection (b).

(b) ‘‘Acceptable trash rack’’ shall mean a trash

rack designed and constructed to prevent debris

from clogging the inlet of the primary spillway or

the primary spillway conduit. Each acceptable

trash rack shall be constructed of material of sufficient strength to withstand the impact of the material that could strike the inlet.

(c)(1) Each primary spillway in a dam permitted

before the effective date of this regulation shall

be equipped with the acceptable trash rack required by the permit and approval of design. If no

trash rack was required by the permit and approval of design, no trash rack shall be required

unless the primary spillway fails to function

properly.

(2) If the applicant demonstrates that there is

not sufficient woody vegetation or other debris in

the drainage area to justify the installation of an

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DESIGN OF EARTH DAMS 5-40-54

379

acceptable trash rack, the requirement to have an

acceptable trash rack may be waived.

(d) If a fish screen is installed, the screen shall

not impair the functioning of the primary spillway.

If a fish screen is proposed, the design report shall

demonstrate that the screen is designed in accordance with the standards of subsection (b) and

will not impair the functioning of the primary

spillway. (Authorized by K.S.A. 2006 Supp. 82a303a; implementing K.S.A. 2006 Supp. 82a-302

and 82a-303a; effective May 18, 2007.)

5-40-52. Stilling basins. (a) For each new

dam, for each primary spillway conduit replacement, and for each existing dam for which the

chief engineer determines that it is necessary to

protect the integrity of the embankment, each primary spillway conduit with a cross-sectional area

in excess of 1.75 square feet shall discharge into

one of the following:

(1) A constructed stilling basin below the downstream toe of the dam; or

(2) any other constructed works designed to dissipate energy and prevent erosion.

(b) If a stilling basin is required or constructed,

the stilling basin shall be designed to dissipate the

energy of the water exiting the conduit so that the

stilling basin discharges water to the receiving

channel without causing excessive erosion and the

stilling basin itself is not damaged by full conduit

flow.

(c) The invert of the outlet conduit that discharges into a stilling basin shall be located at least

one foot above the tailwater elevation in the stilling basin when water is flowing through the primary spillway at the maximum rate of discharge

during the design storm. (Authorized by and implementing K.S.A. 2006 Supp. 82a-303a; effective

May 18, 2007.)

5-40-53. Drawdown pipes. (a) Except as

specified in subsection (b), each dam shall be

equipped with a drawdown pipe that meets the

requirements for a pipe as specified in K.A.R. 5-

40-50. A valve or gate shall be installed in the pipe

so that the controls are accessible and damage

from freezing is prevented. Drawdown pipes may

be incorporated into the primary spillway.

(b) The installation of a drawdown pipe shall

not be required for a low-impact dam if the chief

engineer determines that both of the following

criteria are met:

(1) The failure to install a drawdown pipe will

not prejudicially and unreasonably affect the public interest and the public safety.

(2) The drawdown pipe is not necessary to administer water rights.

(c) Each drawdown pipe shall have the capacity

to evacuate 90 percent of the volume of the permanent pool in 14 or fewer days assuming no inflow into the reservoir, but in no case shall the

drawdown pipe have an internal diameter of less

than four inches. The inlet of the drawdown pipe

shall be constructed to reduce the likelihood of

plugging. (Authorized by and implementing

K.S.A. 2006 Supp. 82a-303a; effective May 18,

2007.)

5-40-54. Control of seepage along a conduit. (a) Each conduit through any portion of a

dam below the elevation of the permanent pool

shall be constructed to protect the dam from seepage along the conduit by means of cutoff collars

or a drainage diaphragm. Cutoff collars may be

used only on hazard class A dams that are class

sizes one and two.

(b) Each drainage diaphragm shall meet all of

the following design criteria:

(1) Be installed so that the largest face is perpendicular to the conduit;

(2) be sized as follows:

(A) If the conduit is circular, the diaphragm

shall extend a minimum of two feet or three times

the outside diameter of the conduit, whichever is

greater, from the outside surface of the conduit

horizontally and vertically upward. The diaphragm shall extend vertically downward a minimum of two feet from the outside surface of the

conduit;

(B) if the conduit is rectangular, the diaphragm

shall extend minimum of two feet or three times

the vertical dimension of the conduit, whichever

is greater, from the outside surface of the conduit

horizontally and vertically upward. The diaphragm shall extend vertically downward a minimum of two feet from the outside surface of the

conduit;

(C) a drainage diaphragm shall not be required

to penetrate unweathered bedrock; and

(D) the diaphragm shall not be required to extend vertically upward to an elevation higher than

the crest of the auxiliary spillway;

(3) have a dimension parallel to the conduit that

is at least three feet thick;

(4) except as specified in subsection (d), be located downstream of the centerline of the dam,

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downstream of the cutoff trench, and far enough

upstream of the toe so that there is a minimum of

two feet of fill, measured perpendicular to the surface of the embankment, over the top of the diaphragm after settlement of the embankment; and

(5) have an outlet that provides positive drainage of the diaphragm to the stilling basin or other

point below the downstream toe of the dam. The

flow line of the outlet shall be no lower than onehalf foot above the elevation of the outlet of the

stilling basin.

(c) Except as specified in subsection (d), each

cutoff collar shall meet all of the following design

criteria:

(1) Be constructed of the same or similar material as that of the conduit;

(2) be attached to the conduit with a watertight

seal;

(3) be of sufficient size and number to increase

the length of the seepage path by at least 15

percent;

(4) be spaced at intervals of at least twice the

vertical dimension of the largest collar being used;

(5) be located along the conduit in that portion

of the dam that will be saturated;

(6) project a minimum of two feet beyond the

outside wall of the conduit; and

(7) be located no closer than two feet from any

conduit joint.

(d) If cutoff collars or a drainage diaphragm is

located in a zoned fill, the location shall be justified in the design report and established in accordance with sound engineering principles and

commonly accepted engineering practices.

(e) If another drain included in the design

meets the requirements for a diaphragm in subsection (b), that other drain may be considered to

be the diaphragm required by subsection (a).

(f) If the applicant desires to use any other type

of seepage control, the applicant shall demonstrate to the chief engineer that the proposed type

of seepage control protects the dam from seepage

along the conduit and meets the requirements of

sound engineering principles and commonly accepted engineering practices. (Authorized by

K.S.A. 2006 Supp. 82a-303a; implementing K.S.A.

2006 Supp. 82a-302 and 82a-303a; effective May

18, 2007.)

5-40-55. Earthen auxiliary spillways.

Each earthen auxiliary spillway shall meet all of

the following requirements: (a) If the design discharge from the auxiliary spillway is directed so

that the discharge impinges on the downstream

toe of the dam, a wing dike shall be designed and

constructed to direct spillway flows away from the

downstream toe of the dam.

(b) If the auxiliary spillway is located on the

embankment of the dam, adequate armor protection, including articulated blocks, concrete paving,

gabion baskets underlain with properly designed

bedding, or engineered riprap, shall be placed on

the portion of the dam where the auxiliary spillway

is located.

(c) The side slopes shall be no steeper than

three horizontal units to one vertical unit, unless

the spillway is constructed through competent

sandstone or limestone.

(d) There shall be at least a 30-foot level section

immediately upstream of the control section. Immediately downstream of the control section, the

slope of the spillway outlet shall be sufficient to

ensure that flows at and above 50 percent of the

design storm discharge will flow at a supercritical

velocity.

(e) The auxiliary spillway shall be a minimum

of three feet deep, as measured from the elevation

of the control section to the design top of the dam.

(f) The entrance channel from the reservoir to

the level section shall provide a smooth transition

that prevents turbulent flow.

(g) The outlet channel shall convey flow to the

receiving stream channel with a minimum of

erosion.

(h) If a fish screen is installed, the screen shall

not impair the functioning of the auxiliary spillway. If a fish screen is proposed, the design report

shall demonstrate that the screen will not impair

the functioning of the auxiliary spillway. (Authorized by K.S.A. 2006 Supp. 82a-303a; implementing K.S.A. 2006 Supp. 82a-302 and 82a-303a; effective May 18, 2007.)

5-40-56. Maximum design velocity for

an auxiliary spillway. (a) The maximum velocity

in feet per second during the design storm for

water flowing in a vegetated earthen auxiliary

spillway shall be determined from the following

table:

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DESIGN OF EARTH DAMS 5-40-70

381

Slope of the exit channel

Vegetation Erosion-resistant

soils

Easily erodible

soils

0% to

5%

5% to

10%

0% to

5%

5% to

10%

Bermuda grass

and Bahia grass 8 7 6 5

buffalo grass,

Kentucky blue

grass, smooth

brome grass,

tall fescue, and

reed canary

grass 7 6 5 4

sod-forming

grass-legume

mixtures 5 4 4 3

weeping love

grass, yellow

bluestem, and

native grass

mixtures 3.5 3.5 2.5 2.5

(b) The maximum design velocities specified in

subsection (a) may be increased by not more than

10 percent if the design frequency of use of the

auxiliary spillway is not more than two percent.

The maximum design velocities may be increased

by not more than 25 percent if the design frequency of use of the auxiliary spillway is not more

than one percent.

(c) For exit channel slopes greater than 10 percent, the applicant shall provide analyses showing

both of the following:

(1) There is no more than 0.5 foot of erosion

depth within 20 feet of the control section for the

one-percent chance storm.

(2) The auxiliary spillway does not fail by

breaching during the spillway stability design

event indicated in the following table:

Hazard

class

Size

class

Spillway stability design

event

A 1, 2, or 3 0.3 PMP

A 4 0.4 PMP

B 1, 2, 3,

or 4

0.5 PMP

C 1, 2, 3,

or 4

PMP

(d) The provisions of paragraphs (c)(1) and (2)

may be used for slopes of 10 percent or less in

lieu of the maximum values specified in the table

in subsection (a).

(e) The maximum allowable design velocity for

water flowing over the following types of materials

shall be determined from the following table:

Material Maximum velocity allowed

in feet per second

stratified rock 8.0

sound rock 13.0

(f) Channel lining materials not reliant on vegetation, including concrete, riprap, and grouted

riprap, may be used if the applicant demonstrates

that the lining will not fail during the spillway stability design event specified in paragraph (c)(2).

(Authorized by K.S.A. 2006 Supp. 82a-303a; implementing K.S.A. 2006 Supp. 82a-302 and 82a303a; effective May 18, 2007.)

5-40-57. Service spillway design. (a) If a

dam will have a service spillway, the spillway shall

be designed and constructed with a lining material

that meets the following requirements:

(1) Covers the channel floor and walls up to the

depth of flow required to bypass the flows of the

storm specified as the detention requirement in

K.A.R. 5-40-23(a), at a minimum; and

(2) will not fail during the spillway stability design event specified in K.A.R. 5-40-56(c)(2).

(b) Each design report required by K.A.R. 5-

40-2b shall include all hydraulic, structural, and

geotechnical design information necessary to

show that the criteria in subsection (a) are met.

(c) If a fish screen is installed, the screen shall

not impair the functioning of the service spillway.

If a fish screen is proposed, the design report shall

demonstrate that the screen will not impair the

functioning of the service spillway. (Authorized by

K.S.A. 2006 Supp. 82a-303a; implementing K.S.A.

2006 Supp. 82a-302 and 82a-303a; effective May

18, 2007.)

5-40-70. Construction notification to

the chief engineer. Each holder of a permit to

construct, or an approval to repair or modify a

dam, shall notify the chief engineer at least 48

hours before any of the following stages of construction and shall obtain the approval of the chief

engineer before proceeding with each of these

stages of construction: (a) Starting construction;

(b) placing backfill in the cutoff trench;

(c) placing backfill around the primary spillway

conduit or any other conduit that extends through

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5-40-71 AGRICULTURE—DIVISION OF WATER RESOURCES

382

the dam embankment and exits the downstream

slope; and

(d) starting any stage of construction not specified in this regulation for which the permit requires that the chief engineer shall be notified.

(Authorized by K.S.A. 2006 Supp. 82a-303a; implementing K.S.A. 2006 Supp. 82a-301a and 82a303a; effective May 18, 2007.)

5-40-71. Inspection during dam construction, repair, and modification. (a) Except

as specified in subsection (d), each high-impact

dam shall be inspected by an engineer competent

in the design of dams, or that engineer’s authorized representative, at all times during any construction activity.

(b) Each low-impact dam shall be inspected by

an engineer qualified in the design of dams, or

that engineer’s authorized representative, whenever any of the following conditions is met:

(1) Backfill is being placed in the cutoff trench

of a dam.

(2) Conduits and their appurtenances are being

placed.

(3) Backfill is being placed around a conduit.

(4) Drain material and outlets are being

installed.

(5) Concrete forms and reinforcing steel are being placed.

(6) Concrete is being placed.

(7) Any other stage of construction required by

the permit, approved plans, or approved specifications to be inspected occurs.

(c) Before the start of construction, the permit

holder shall provide the chief engineer in writing

with the name, address, and telephone number of

the engineer responsible for the inspection.

(d) The inspecting engineer, or the engineer’s

authorized representative, shall not be required to

be present during any of the following construction activities for a high-impact dam:

(1) The clearing and grubbing of the construction site;

(2) the removal of structures from the reservoir

area other than the removal of a dam;

(3) the installation of pollution-control measures, unless required by other authorities;

(4) seeding;

(5) mulching; and

(6) the construction of a fence.

(e) If the inspecting engineer, or the engineer’s

authorized representative, observes construction

activity that is not in compliance with the approved permit, plans, or specifications and the

contractor fails to correct the item or items that

are not in compliance with the approved permit,

plans, or specifications after being notified by the

inspector, the inspector shall notify the chief engineer of the noncompliant activity. (Authorized

by K.S.A. 2006 Supp. 82a-303a; implementing

K.S.A. 2006 Supp. 82a-301a and 82a-303a; effective May 18, 2007.)

5-40-72. Construction inspection reports. The engineer responsible for the inspection required by K.A.R. 5-40-71 shall, within 30

days of the completion of the construction, repair,

or modification of the dam and its appurtenances,

submit to the chief engineer an inspection report

containing the following items: (a) A notice of

completion showing the date on which construction, repair, or modification of the dam and its

appurtenances was completed;

(b) a statement indicating one of the following:

(1) The dam and its appurtenances were constructed, repaired, or modified substantially in accordance with the permit and the approved plans

and specifications; or

(2) the completed work varied from the permit

and the approved plans and specifications. A description of each variation shall be provided;

(c) a final survey of the completed dam and its

appurtenances, including the following:

(1) A profile of the top of the dam;

(2) a profile of the centerline of the auxiliary

spillway or service spillway;

(3) a cross section at the control section of the

auxiliary spillway or service spillway;

(4) a cross section of the dam at its deepest

point;

(5) a cross section of the dam at the primary

spillway if that section is not near the deepest section of the dam;

(6) the locations and elevations of the inlet and

the outlet of the primary spillway;

(7) the location and elevation of each drain outlet; and

(8) the final elevation and coordinates of each

permanent benchmark; and

(d) a summary or a copy of the daily inspection

logs if required by the permit. (Authorized by

K.S.A. 2006 Supp. 82a-303a; implementing K.S.A.

2006 Supp. 82a-301a and 82a-303a; effective May

18, 2007.)

5-40-73. Emergency action plan. (a) The

owner of each hazard class B dam shall create an

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DESIGN OF EARTH DAMS 5-40-73a

383

emergency action plan (EAP) on a form prescribed by the chief engineer. The owner shall

keep the original EAP and submit a copy of the

EAP to the chief engineer. The EAP shall address

each of the following:

(1) A description of the dam, including the location of the dam and the access roads;

(2) the name, address, and telephone number

of the person responsible for notifying local authorities of an emergency;

(3) a map or written description of the area that

could be inundated by the type of breach described in K.A.R. 5-40-24;

(4) a list of persons who should be notified in

case of an emergency, including the telephone

numbers of those persons and their responsibilities; and

(5) the names, addresses, and telephone numbers of each owner of the dam and its appurtenances and those persons responsible for the operation and maintenance of the dam.

(b) Except as specified in subsection (d), the

owner of a hazard class C dam shall create and

maintain an emergency action plan that meets the

recommendations of the ‘‘federal guidelines for

dam safety: emergency action planning for dam

owners,’’ prepared by the interagency committee

on dam safety and published by the federal emergency management agency, dated October 1998

and reprinted January 2004, which is hereby

adopted by reference. The owner shall submit a

copy of the EAP to the chief engineer.

(c) The owner of any dam for which an EAP is

required under these regulations shall annually

review the EAP to determine if it is still accurate

and applicable to the current condition of the dam

and current downstream conditions, including the

following:

(1) The contact names and related information;

(2) the breach inundation map or a description

of the inundation area; and

(3) emergency procedures.

If any material changes are made when updating the EAP, a copy of the revised EAP shall be

submitted to the chief engineer.

(d) Any owner of a hazard class C dam may

request that the chief engineer allow the owner to

submit an EAP that meets only the requirements

of subsection (a) in lieu of meeting the requirements of subsection (b). To make this request, the

owner shall submit written justification of why an

EAP meeting the requirements of subsection (a)

is sufficient to protect the public safety. If the

chief engineer approves the request, the chief engineer shall reserve the right to later impose the

requirements of subsection (b) if downstream

conditions change, the condition of the dam deteriorates, or the EAP does not adequately protect

the public safety.

(e) The owner of a hazard class B dam shall

submit the required EAP within 180 days of written notification by the chief engineer of the

requirement.

(f) The owner of a hazard class C dam shall

submit the required EAP within 180 days of written notification by the chief engineer that an EAP

is required and that an adequate EAP is not on

file in the chief engineer’s office. (Authorized by

and implementing K.S.A. 2006 Supp. 82a-303a;

effective May 18, 2007.)

5-40-73a. Discovery of an existing illegal, unpermitted dam. (a) Except when it is

necessary to take additional actions to protect the

public safety, when the chief engineer becomes

aware of an existing illegal, unpermitted dam, the

following actions shall be taken by the chief

engineer:

(1) Determine the hazard classification and

condition of the dam;

(2) notify the owner of the dam of the following,

in writing:

(A) The fact that the dam is illegal and unpermitted;

(B) the hazard classification of the dam;

(C) the fact that if the owner desires to keep

the dam in existence, the owner shall submit a

complete application for a permit for the dam pursuant to K.S.A. 82a-301 and K.S.A. 82a-302, and

amendments thereto, within 120 days of the date

of the chief engineer’s notification;

(D) the condition that the application to obtain

a permit for the dam shall meet the requirements

of K.A.R. 5-40-8 and K.A.R. 5-40-74;

(E) the fact that failure to apply for a permit

within 120 days shall result in the issuance of an

order by the chief engineer requiring the owner

to submit plans to breach or completely remove

the dam; and

(F) the fact that the dam is subject to the provisions of this regulation.

(b)(1) If the owner submits an application for a

permit within the time specified in paragraph

(a)(2)(C), or within any extension of time authorized by the chief engineer in writing, the appliB-34
5-40-74 AGRICULTURE—DIVISION OF WATER RESOURCES

384

cation shall meet the requirements of K.A.R. 5-

40-8 and K.A.R. 5-40-74.

(2) If the owner fails to submit an application

for a permit within the time specified in paragraph

(a)(2)(C), or within any extension of time authorized by the chief engineer, an order requiring the

owner to perform the following shall be issued by

the chief engineer:

(A) Submit plans to breach or completely remove the dam; and

(B) bypass inflows and release water from storage so that no more than 15 acre-feet of water is

kept in storage in the reservoir while the application for a permit to breach or completely remove the dam is being processed. The application

for a permit shall contain all of the information

required by K.A.R. 5-40-8 and any other information necessary to properly and safely design

and complete the breach or removal. The application shall be submitted within 120 days of the

date of the order, or within any extension of time

authorized by the chief engineer. The owner shall

be required to complete the breach or removal as

permitted by the chief engineer within one year

of the approval of a permit by the chief engineer,

or any extension of time authorized by the chief

engineer in writing.

(c) If the chief engineer dismisses an application for an existing illegal, unpermitted dam for

any reason, the dismissal of the application shall

be accompanied with an order requiring the dam

to be breached or removed as provided in paragraph (b)(2).

(d) The order described in paragraph (b)(2)

shall be filed by the chief engineer with the register of deeds for the county in which the dam is

located.

(e) Each existing illegal, unpermitted dam of

which the chief engineer becomes aware, either

before or after the adoption of this regulation,

shall be subject to this regulation. (Authorized by

K.S.A. 2006 Supp. 82a-303a; implementing K.S.A.

2006 Supp. 82a-301, 82a-302, and 82a-303a; effective May 18, 2007.)

5-40-74. Design criteria for an existing

illegal, unpermitted dam. (a) Except as specified in subsection (b), the design criteria specified

in this subsection (a) shall be met to obtain a permit from the chief engineer pursuant to K.S.A.

82a-301 et seq., and amendments thereto, for an

existing illegal, unpermitted hazard class A dam

constructed before May 1, 1984 that has not been

modified on or after May 1, 1984. The applicant

shall have an engineer who is qualified in dam

design and construction conduct an inspection of

the dam and prepare a report that includes all of

the following:

(1) The date of the inspection and a list of the

members of the inspection team;

(2) color photographs documenting the condition of the dam’s appurtenances and embankment

and any observed deficiencies in the appurtenances and embankment;

(3) a plan view sketch of the dam and its immediate vicinity showing the location from which

each photograph was taken and the direction in

which it was taken;

(4) a description of the physical condition of the

dam and its appurtenances, a list of the deficiencies that were observed, and a description of the

severity of each observed deficiency. All deficiencies that may threaten the structural integrity of

the dam shall be shown; and

(5) a survey of the dam, documented by a plan

view of the dam and cross section drawings, including the following:

(A) Cross sections of the embankment every

200 feet, with each cross section starting from the

upstream toe of the dam or the water surface on

the upstream side to the toe of the dam on the

downstream side of the dam;

(B) a profile of each open-channel spillway

from the water surface on the upstream side of

the dam to the point where spillway flows enter

the receiving stream;

(C) a cross section of each open-channel spillway every 200 feet and at each control section,

with a minimum of two cross sections;

(D) the elevation of each primary spillway inlet

and outlet;

(E) the elevation of the flow line of the outlet

channel; and

(F) the dimensions, locations, and descriptions

of materials, workmanship, condition, apparent

purpose for, and any other relevant information

about all visible appurtenances in sufficient detail

to represent the appurtenances in three dimensions;

(6) the dimensions and location of each deficiency noted as required in paragraph (a)(4);

(7) the estimated rate and color of discharge

from drain outlets and any seeps;

(8) a determination of the hazard classification

of the dam as specified in K.A.R. 5-40-24;

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DESIGN OF EARTH DAMS 5-40-76

385

(9)(A) A description of the drawdown valve, if

any;

(B) specification of whether the valve was operated during the inspection; and

(C) if the valve could not be operated, an explanation of why it could not be operated;

(10) the name, mailing address, and telephone

number of the engineer who conducted the

inspection;

(11) the name, mailing address, and telephone

number of each current owner of the dam; and

(12) any other information relevant to the safety

and integrity of the dam, including any items requested by the chief engineer before the

inspection.

(b) If the applicant provides construction plans

prepared before construction that show how the

dam was to be constructed or modified and that

reflect the actual dimensions of the dam as it exists, those plans may be substituted for the survey

required in paragraph (a)(5).

(c) If the chief engineer determines from the

inspection report that the dam does not pose a

threat to public safety or public or private property and that the condition of the dam is sound,

an after-the-fact permit may be issued by the chief

engineer pursuant to K.S.A. 82a-301 et seq., and

amendments thereto.

(d)(1) In order for an existing illegal, unpermitted hazard class A dam constructed or modified on or after May 1, 1984 or an existing illegal,

unpermitted hazard class B or C dam to receive a

permit from the chief engineer pursuant to K.S.A.

82a-301 et seq. and amendments thereto, the applicant shall demonstrate that the dam meets all

of the applicable statutory and regulatory requirements in effect when the application for the permit is filed. The applicant shall provide a survey

meeting the requirements of paragraph (a)(5) and

a design report that meets the requirements of

K.A.R. 5-40-2b. If plans are available that show

how the dam was constructed or modified and

those plans reflect the actual dimensions of the

dam as it exists when the application is filed, the

plans may be substituted for the required survey.

If a geologic investigation was conducted before

construction of the dam and the results of that

investigation are available, that investigation may

be substituted for the investigation and report required by K.A.R. 5-40-40 through K.A.R. 5-40-42.

(2) If the applicant cannot determine that the

chief engineer’s requirements for the following

design or actual construction properties were met

without significantly disturbing the embankment

but the applicant demonstrates that the dam was

built in a manner appropriate to the standards in

effect when the dam was constructed, then a permit may be issued if the chief engineer determines that the dam does not pose a hazard to public safety:

(A) The location, dimensions, and composition

of the backfill materials to fill the cutoff trench;

(B) the location, dimensions, and construction

of cutoff collars, drains, or other seepage control;

(C) the allowance for settlement of an earthen

dam;

(D) specification of whether the primary spillway pipe was tested;

(E) the specifications used; and

(F) documentation of any construction inspections. (Authorized by K.S.A. 2006 Supp. 82a-303a;

implementing K.S.A. 2006 Supp. 82a-301a, 82a302, and 82a-303a; effective May 18, 2007.)

5-40-75. Maintenance of dams. Each

owner of a dam that the chief engineer has authority to regulate pursuant to K.S.A. 82a-301 et

seq., and amendments thereto, shall operate and

maintain the dam in a manner that protects the

public safety, complies with the terms of any permit of the chief engineer, and ensures the integrity of the dam. (Authorized by K.S.A. 2006 Supp.

82a-303a; implementing K.S.A. 2006 Supp. 82a301a and 82a-303a; effective May 18, 2007.)

5-40-76. Repair or modification of a

permitted or prejurisdictional dam. (a) The

repair or modification of a permitted or prejurisdictional dam shall meet the requirements of both

of the following:

(1) The statutes and the regulations in effect

when the application for repair or modification is

filed; and

(2) any additional criteria specified by the chief

engineer that are necessary to ensure the integrity

of the dam and its appurtenances.

(b) At the time of the repair or modification,

the applicant shall bring the dam and all of its

appurtenances into conformance with the

requirements of the statutes and regulations in effect at the time of the application for repair or

modification, unless both of the following conditions are met:

(1) The applicant demonstrates that bringing

any feature of the dam and its appurtenances into

compliance is not feasible or is unduly burdensome.

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5-40-77 AGRICULTURE—DIVISION OF WATER RESOURCES

386

(2) The chief engineer determines that failing

to bring any feature of the dam into compliance

with one or more requirements applicable to that

feature will not significantly affect the public

safety.

(c) Each application to repair or modify a dam

or its appurtenances shall include a design report

on the repair or modification, including a section

describing the condition of the dam at the time of

the application. (Authorized by and implementing

K.S.A. 2006 Supp. 82a-303a; effective May 18,

2007.)

5-40-77. Easements for dams. (a) Each

applicant that applies for a permit to construct a

dam, modify a dam in a manner that will raise the

top of the dam, or modify the dam in any other

way that will increase the backwater effect of the

dam or the flow of water from the dam to the

receiving stream shall demonstrate either of the

following to the chief engineer:

(1) The applicant owns the site of the dam and

appurtenant works, the land that will be inundated, and the land over which discharge from the

dam’s spillways will flow.

(2) The applicant has easements or other legal

authority to perform the following for the design

life of the dam:

(A) Construct and maintain the dam;

(B) inundate all of the land upstream from the

dam to the top of the dam elevation; and

(C) discharge water from the spillways to a

stream channel and the associated floodplain adequate to convey the discharge from the design

storm.

(b) For permitted dams for which a modification is proposed, an easement or other legal authority shall be required only for the effects

caused by the modification. (Authorized by K.S.A.

2006 Supp. 82a-303a; implementing K.S.A. 2006

Supp. 82a-302, K.S.A. 82a-303, and K.S.A. 2006

Supp. 82a-303a; effective May 18, 2007.)

5-40-90. Requirements for a dam safety

inspection report. Each dam safety inspection

report required by K.S.A. 82a-303b, and amendments thereto, shall document the observations

made during the inspection and the engineer’s

opinion of the condition of the dam and shall include all of the following:

(a) An executive summary briefly describing the

overall condition of the dam as found during the

inspection;

(b) the date of the inspection and a list of the

members of the inspection team;

(c) color photographs documenting the condition of the dam appurtenances and embankment

and any observed deficiencies in the appurtenances and embankment;

(d) a plan view sketch of the dam and the vicinity, showing the location where each photograph

was taken and the direction in which the photograph was taken;

(e) a description of the physical condition of the

dam and its appurtenances, a list of any deficiencies that were observed, and a plan view sketch of

the dam and its appurtenances showing the location of those deficiencies. The deficiencies that

shall be shown shall include those that meet any

of the following conditions:

(1) Violate the permit or approved plans or any

approved modifications of the permit or approved

plans;

(2) threaten the structural integrity of the dam;

or

(3) threaten the safety of people or property

above or below the dam;

(f) survey and other documenting data if the

engineer observes any changes from previously

documented conditions in the dam or its appurtenances that could jeopardize the integrity of the

dam, including any changes in the profile or cross

section of the dam, profile, or cross section of any

open-channel spillway, and areas of settlement or

erosion;

(g) a description of the severity of each observed deficiency and the engineer’s opinion

about the urgency of remedying each deficiency;

(h) a summary of the engineer’s review of the

adequacy of the emergency action plan, including

a review of any updates since the last inspection;

(i) the estimated rate and color of discharge

from drain outlets and any seeps;

(j) a statement indicating whether the engineer

agrees or disagrees with the hazard classification

of the dam, including the reasons why the engineer agrees or disagrees with that classification;

(k) a map drawn to a scale of 1:24,000 or larger

showing the location of any hazards added, removed, or not previously shown downstream of

the dam, in addition to those identified in previous

reports, that would require a modification of the

emergency action plan or might change the hazard classification of the dam;

(l) any significant changes in the capacity of the

reservoir;

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DESIGN OF EARTH DAMS 5-40-100

387

(m) any significant changes in the capacity of

any spillway;

(n) a statement indicating whether there have

been any significant changes in the watershed and

an estimate of the impact of those changes on the

design hydrology;

(o) the name, mailing address, and telephone

number of the engineer;

(p) the name, mailing address, and telephone

number of each current owner of the dam;

(q) observations or readings from all instrumentation required by the permit, the approved plans,

the approved specifications, or the chief engineer;

(r)(1) A description of the drawdown valve, if

any; and

(2) specification of whether the drawdown valve

was operated during the inspection and, if the

valve could not be operated, an explanation of why

it could not be operated; and

(s) any other information relevant to the safety

of the dam, including any items requested by the

chief engineer before the inspection. (Authorized

by K.S.A. 2006 Supp. 82a-303a; implementing

K.S.A. 2006 Supp. 82a-303a and 82a-303b; effective May 18, 2007.)

5-40-91. Schedule for inspection of hazard class C dams. Each hazard class C dam shall

be inspected every third inspection year after the

inspection year in which the initial inspection was

completed. (Authorized by K.S.A. 2006 Supp.

82a-303a; implementing K.S.A. 2006 Supp. 82a303a and 82a-303b; effective May 18, 2007.)

5-40-92. Schedule for inspection of hazard class B dams. Each hazard class B dam shall

be inspected every fifth inspection year after its

initial inspection. (Authorized by K.S.A. 2006

Supp. 82a-303a; implementing K.S.A. 2006 Supp.

82a-303a and 82a-303b; effective May 18, 2007.)

5-40-93. Schedule for inspection of

dams. The initial and follow-up dam safety inspections required by K.S.A. 82a-303b, and

amendments thereto, for any dam completed on

or after July 1, 2002, shall be conducted and a

report shall be filed with the chief engineer in

accordance with the following schedule: (a) Each

permitted hazard class C dam shall be inspected

in the third inspection year after the inspection

year in which the dam is completed and every

third inspection year thereafter.

(b) Each permitted hazard class B dam shall be

inspected in the fifth inspection year after the inspection year in which the dam is completed and

every fifth inspection year thereafter.

(c) Each unpermitted class B or class C hazard

dam completed on or after July 1, 2002, shall be

inspected in accordance with a schedule approved

by the chief engineer as necessary to protect the

public safety.

(d) Each dam that had its hazard class increased

by the chief engineer on or after July 1, 2002, shall

initially be inspected by the chief engineer in the

inspection year in which the hazard class is

increased.

(e) If the dam was reclassified as a hazard class

B dam, the dam shall be inspected every fifth inspection year after the inspection year in which

the hazard class was changed.

(f) If the dam was reclassified as a hazard C

dam, the dam shall be inspected every third inspection year after the inspection year in which

the hazard class was changed. (Authorized by

K.S.A. 2006 Supp. 82a-303a; implementing K.S.A.

2006 Supp. 82a-303a and 82a-303b; effective May

18, 2007.)

5-40-94. Revision of schedule of inspections. For good cause shown, including a change

in hazard class or repair or modification of a dam,

the dam safety inspection schedule may be revised

by the chief engineer and a new inspection cycle

may be started. (Authorized by K.S.A. 2006 Supp.

82a-303a; implementing K.S.A. 2006 Supp. 82a303a and 82a-303b; effective May 18, 2007.)

5-40-100. Request to be included on the

list of independent engineers qualified to review applications. (a) Each licensed professional

engineer who desires to be placed on the list of

licensed professional engineers approved to review applications for the permit required by

K.S.A. 82a-301 et seq., and amendments thereto,

shall submit a request to the chief engineer on a

form prescribed by the chief engineer.

(b) Any engineer may request approval in one

or more of the following areas:

(1) Dam design;

(2) channel design; and

(3) the design of stream obstructions other than

dams.

(c) A team of persons may be qualified to be a

reviewer for a project. The qualifications of each

team member shall be submitted, and one person

shall be designated as the supervising reviewer.

The supervising reviewer shall meet the minimum

requirements for an individual reviewer. The

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5-40-101 AGRICULTURE—DIVISION OF WATER RESOURCES

388

other members of the review team shall not be

required to meet the minimum requirements for

an individual reviewer. (Authorized by K.S.A.

2006 Supp. 82a-303a; implementing K.S.A. 2006

Supp. 82a-302 and 82a-303a; effective May 18,

2007.)

5-40-101. Information to be submitted

with a request to be a reviewer. (a) Each engineer who wants to be included on the list of

licensed professional engineers approved to review applications under the obstructions in

streams act, as authorized by K.S.A. 82a-302, and

amendments thereto, shall submit that request on

a form prescribed by the chief engineer and shall

designate each area of review for which the engineer or a team of engineers desires to be

approved.

(b) All of the following information shall be included on each request for each area in which the

engineer seeks to be approved:

(1) The type and license number of each current license from the Kansas state board of technical professions;

(2) relevant education, including graduate and

postgraduate schools attended, degrees received,

and professional development work; and

(3) work experience in the requested area of

expertise, including the following:

(A) The number of years of experience as an

engineering intern;

(B) the number of years of experience as an

engineer; and

(C) the approximate number of projects for

which the engineer met the following criteria:

(i) Was responsible for the project;

(ii) performed substantive design tasks;

(iii) had quality assurance, quality control, or

project review responsibilities; and

(iv) performed construction supervision or inspection; and

(D) the project name, the location, a brief description of the project, and a brief description of

the engineer’s responsibilities for one or two projects for which the engineer met the following

criteria:

(i) Had responsible charge or performed significant portions of the design; or

(ii) provided quality control, quality assurance,

project review, construction supervision, or construction inspection duties. (Authorized by K.S.A.

2006 Supp. 82a-303a; implementing K.S.A. 2006

Supp. 82a-302 and 82a-303a; effective May 18,

2007.)

5-40-102. Minimum requirements to be

an individual reviewer. To be an individual reviewer, each person shall meet both of the following qualifications: (a) Have a current professional

engineer’s license from the Kansas state board of

technical professions; and

(b) have a minimum of five years of relevant

work experience in the area for which approval is

sought. (Authorized by K.S.A. 2006 Supp. 82a303a; implementing K.S.A. 2006 Supp. 82a-302

and 82a-303a; effective May 18, 2007.)

5-40-103. Conflict of interest. A reviewer

shall not be eligible to review any of the following:

(a) Any project in which the reviewer has participated in the project’s design in any way;

(b) any project designed by any other employee

of the reviewer’s current employer; or

(c) any other project for which the reviewer has

a conflict of interest with the owner of the dam,

the designer of the dam, or the state of Kansas.

(Authorized by K.S.A. 2006 Supp. 82a-303a; implementing K.S.A. 2006 Supp. 82a-302 and 82a303a; effective May 18, 2007.)

5-40-104. Notification of approval or

disapproval to be a reviewer. Within 60 days

of the receipt in the office of the chief engineer

of a completed request pursuant to K.A.R. 5-40-

101, the requester shall be notified by the chief

engineer of whether that individual has been approved in each requested area. If the chief engineer has not approved the request for each area

of review requested, the requester shall be notified by the chief engineer of the reason or reasons

that each request has been denied. (Authorized

by K.S.A. 2006 Supp. 82a-303a; implementing

K.S.A. 2006 Supp. 82a-302 and 82a-303a; effective May 18, 2007.)

5-40-105. Procedure for independent

review of an application to construct a dam

or other water obstruction. (a) When an applicant provides a copy of that individual’s application to an approved reviewer pursuant to K.S.A.

82a-302 and amendments thereto, the applicant

shall also submit the following to the chief

engineer:

(1) The original application;

(2) all documentation required for an acceptable application as specified in K.A.R. 5-40-8;

(3) the statutorily required filing fee; and

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DESIGN OF CHANNEL CHANGES 5-41-2

389

(4) the name, address, and telephone number

of the reviewer.

(b) The review required by the water projects

environmental coordination act, K.S.A. 82a-325 et

seq. and amendments thereto, shall be initiated

by the chief engineer after the chief engineer receives the application.

(c) Within 37 days after the review specified in

subsection (b) is initiated by the chief engineer,

any comments received from the environmental

review agencies shall be sent by the chief engineer

to the reviewer. (Authorized by K.S.A. 2006 Supp.

82a-303a; implementing K.S.A. 2006 Supp. 82a302 and 82a-303a; effective May 18, 2007.)

5-40-106. Report of findings of independent reviewer. (a) When a reviewer completes the review of an application pursuant to

K.S.A. 82a-302 and amendments thereto, the reviewer shall submit a report of that review to the

chief engineer. The report shall be properly

sealed by the reviewing engineer as directed by

the Kansas state board of technical professions.

(b) Each complete report shall include the

following:

(1) An opinion as to whether the application

meets the requirements of K.S.A. 82a-301 et seq.,

and amendments thereto, the regulations that implement these statutes, sound engineering principles, and commonly accepted engineering

practices;

(2) the basis for that opinion, including any

analyses that were performed, and the supporting

data;

(3) an evaluation of the comments from the environmental review agencies that were furnished

to the reviewer by the chief engineer and a recommendation about how to address all adverse

comments;

(4) a recommendation about whether any request by the applicant to waive one or more regulations should be approved and the basis for approving or denying the waiver; and

(5) a recommendation about whether the chief

engineer should approve or deny the permit and

any conditions that the chief engineer should impose on the permit.

(c) The recommendations shall not be binding

on the chief engineer. The chief engineer shall

maintain the final authority to approve or deny all

applications. (Authorized by K.S.A. 2006 Supp.

82a-303a; implementing K.S.A. 2006 Supp. 82a302 and 82a-303a; effective May 18, 2007.)

Article 41.—DESIGN

OF CHANNEL CHANGES

5-41-1. Channel changes; plans and

specifications. Plans for a channel change shall

include the following: (a) A general location map

or aerial photograph, showing the present alignment of the stream, location of the proposed

channel change, section lines, property lines with

names and addresses of adjoining landowners,

drainage area, a north arrow, a bar scale, and any

other prominent features;

(b) a detailed plan view of the project with stationing shown, including as many other views as

necessary to fully describe the project;

(c) a profile drawing along the centerline of the

proposed new channel. This profile shall extend

five times the channel width upstream and an

equivalent distance downstream from each end of

the new channel. The stationing shown on the plan

view shall correspond to stationing on the profile

drawing. This drawing shall show the pres-ent

ground surface, the present stream bed, and the

grade line of the proposed new channel;

(d) cross sections of the existing stream at locations immediately above and below the proposed channel change. The location of these cross

sections shall be described and shown on the

plans. The elevations of the top of the existing

banks and bottom of the channel shall be shown;

(e) at least one permanent bench mark conveniently located for use after construction, except for

grassed waterways constructed for the purpose of

conveying runoff without causing erosion or flooding. The location, description, and elevation of the

permanent bench mark, to which all elevations are

referred, shall be shown on the plans. The designer shall reference the project bench mark to

the current national geodetic vertical datum, to a

tolerance of plus or minus 1⁄2 foot on all channel

changes involving perennial streams and where

detailed floodplain data are available. Project datum shall be acceptable on all other channel

changes; and

(f) a cross-sectional drawing of the proposed

new channel, including dimensions. (Authorized

by K.S.A. 82a-303a; implementing K.S.A. 82a302; effective May 1, 1987; amended Sept. 22,

2000.)

5-41-2.Channelchanges;waterveloc-ity.

The new channel shall have a conveyance ca-pacity

equal to or greater than the old channel. The water

velocity after the completion of the

B-40
Appendix C 

Referenced Department of Administration

Statutes
Kansas Statutes Annotated (K.S.A.)

77-415. Definitions; citation of act; exclusions; effect of certain adjudications and 

orders; guidance documents. (a) K.S.A. 77-415 through 77-438, and amendments thereto, shall 

be known and may be cited as the rules and regulations filing act. 

(b) (1) Unless otherwise provided by statute or constitutional provision, each rule and 

regulation issued or adopted by a state agency shall comply with the requirements of the rules 

and regulations filing act. Except as provided in this section, any standard, requirement or other 

policy of general application may be given binding legal effect only if it has complied with the 

requirements of the rules and regulations filing act. 

(2) Notwithstanding the provisions of this section: 

(A) An agency may bind parties, establish policies, and interpret statutes or regulations by 

order in an adjudication under the Kansas administrative procedure act or other procedures 

required by law, except that such order shall not be used as precedent in any subsequent 

adjudication against a person who was not a party to the original adjudication unless the order is: 

(i) Designated by the agency as precedent; 

(ii) not overruled by a court or later adjudication; and 

(iii) disseminated to the public in one of the following ways: 

(a) Inclusion in a publicly available index, maintained by the agency and published on its 

website, of all orders designated as precedent; 

(b) publication by posting in full on an agency website in a format capable of being searched 

by key terms; or 

(c) being made available to the public in such other manner as may be prescribed by the 

secretary of state. 

(B) Any statement of agency policy may be treated as binding within the agency if such 

statement of policy is directed to: 

(i) Agency personnel relating to the performance of their duties. 

(ii) The internal management of or organization of the agency. 

No such statement of agency policy listed in clauses (i) and (ii) of this subparagraph may be 

relied on to bind the general public. 

(C) An agency may provide forms, the content or substantive requirements of which are 

prescribed by rule and regulation or statute, except that no such form may give rise to any legal 

right or duty or be treated as authority for any standard, requirement or policy reflected therein. 

(D) An agency may provide guidance or information to the public, describing any agency 

policy or statutory or regulatory requirement except that no such guidance or information may 

give rise to any legal right or duty or be treated as authority for any standard, requirement or 

policy reflected therein. 

(E) None of the following shall be subject to the rules and regulations filing act: 

(i) Any policy relating to the curriculum of a public educational institution or to the 

administration, conduct, discipline, or graduation of students from such institution. 

(ii) Any parking and traffic regulations of any state educational institution under the control 

and supervision of the state board of regents. 

(iii) Any rule and regulation relating to the emergency or security procedures of a 

correctional institution, as defined in subsection (d) of K.S.A. 75-5202, and amendments thereto. 

(iv) Any order issued by the secretary of corrections or any warden of a correctional 

institution under K.S.A. 75-5256, and amendments thereto. 

C-1 
(F) When a statute authorizing an agency to issue rules and regulations or take other action 

specifies the procedures for doing so, those procedures shall apply instead of the procedures in 

the rules and regulations filing act. 

(c) As used in the rules and regulations filing act, and amendments thereto, unless the 

context clearly requires otherwise: 

(1) “Board” means the state rules and regulations board established under the provisions of 

K.S.A. 77-423, and amendments thereto. 

(2) “Environmental rule and regulation” means: 

(A) A rule and regulation adopted by the secretary of agriculture, the secretary of health and 

environment or the state corporation commission, which has as a primary purpose the protection 

of the environment; or 

(B) a rule and regulation adopted by the secretary of wildlife, parks and tourism concerning 

threatened or endangered species of wildlife as defined in K.S.A. 32-958, and amendments 

thereto. 

(3) “Person” means an individual, firm, association, organization, partnership, business trust, 

corporation, company or any other legal or commercial entity. 

(4) “Rule and regulation,” “rule,” and “regulation” means a standard, requirement or other 

policy of general application that has the force and effect of law, including amendments or 

revocations thereof, issued or adopted by a state agency to implement or interpret legislation. 

(5) “Rulemaking” shall have the meaning ascribed to it in K.S.A. 77-602, and amendments 

thereto. 

(6) “Small employer” means any person, firm, corporation, partnership or association that 

employs not more than 50 employees, the majority of whom are employed within this state. 

(7) “State agency” means any officer, department, bureau, division, board, authority, agency, 

commission or institution of this state, except the judicial and legislative branches, which is 

authorized by law to promulgate rules and regulations concerning the administration, 

enforcement or interpretation of any law of this state. 

History: L. 1965, ch. 506, § 1; L. 1977, ch. 321, § 1; L. 1978, ch. 120, § 24; L. 1978, ch. 

386, § 1; L. 1980, ch. 303, §1; L. 1981, ch. 364, § 1; L. 1981, ch. 157, § 3; L. 1981, ch. 365, § 1; 

L. 1982, ch. 385, § 2; L. 1982, ch. 386, § 1; L. 1982, ch. 142, § 26; L. 1983, ch. 307, § 1; L. 

1989, ch. 282, § 1; L. 1991, ch. 276, § 1; L. 1995, ch. 171, § 1; L. 1996, ch. 43, § 4; L. 1997, ch. 

160, § 42; L. 2008, ch. 25, § 1; L. 2010, ch. 95, § 1; L. 2011, ch. 14, § 1; L. 2012, ch. 47, § 122; 

L. 2013, ch. 2, § 1; July 1. 

77-415a. Secretary of state to file and publish rules and regulations; adoption of rules 

and regulations. The secretary of state shall file and publish all rules and regulations as 

provided by article 4 of chapter 77 of the Kansas Statutes Annotated. The secretary of state may 

adopt rules and regulations necessary to carry out its duties under this act. 

History: L. 1988, ch. 366, § 1; L. 2010, ch. 95, § 2; July 1.

77-415b. Rules and regulations continued in effect. All rules and regulations of state 

agencies which are in force and effect at the time this act takes effect shall continue to be 

effective and shall be deemed to be duly filed with the secretary of state as provided for by this 

act until revised, amended, revoked or nullified pursuant to law. 

History: L. 1988, ch. 366, § 2; L. 2010, ch. 95, § 3; July 1.

C-2
77-416. Filing rules and regulations; numbering; citation of statutory authority; 

economic impact statement; documents adopted by reference; review of economic impact 

statement by director of the budget; environmental benefit and economic impact 

statement; authority of secretary of state. (a) Every state agency shall file with the secretary of 

state every rule and regulation adopted by it and every amendment and revocation thereof in the 

manner prescribed by the secretary of state. Each rule and regulation shall include a citation to 

the statutory section or sections being implemented or interpreted and a citation of the authority 

pursuant to which it, or any part thereof, was adopted. Every rule and regulation filed in the 

office of the secretary of state shall be accompanied by a copy of the economic impact statement 

required by subsection (b) and a copy of the environmental benefit statement if required by 

subsection (d). A copy of any document adopted by reference in a rule and regulation shall be 

available from the state agency which adopted the rule and regulation upon request by any 

person interested therein. The state agency, under the direction of the secretary of state, shall 

number each section with a distinguishing number and, in making a compilation of the rules and 

regulations, the sections shall be arranged in numerical order. A decimal system of numbering 

shall be prohibited. 

(b) (1) At the time of drafting a proposed rule and regulation or amendment to an existing 

rule and regulation, the state agency shall consider the economic impact of such proposed rule 

and regulation or amendment upon all governmental agencies or units and all persons which will 

be subject thereto and upon the general public. Prior to giving notice of a hearing on a proposed 

rule and regulation, the state agency shall prepare an economic impact statement that shall 

include: 

(A) A brief description of the proposed rules and regulations and what is intended to be 

accomplished by their adoption; 

(B) whether the proposed rule and regulation is mandated by federal law as a requirement for 

participating in or implementing a federally subsidized or assisted program and whether the 

proposed rules and regulations exceed the requirements of applicable federal law; 

(C) a description of the cost, the persons who will bear the costs and those who will be 

affected by the proposed rules and regulations, including the agency proposing the rules and 

regulations, other governmental agencies or units, private citizens and consumers of the products 

or services which are the subject of the rules and regulations or the enforcement thereof; and 

(D) a description of any less costly or less intrusive methods that were considered by the 

state agency for achieving the stated purpose of the rules and regulations and why such methods 

were rejected in favor of the proposed rules and regulations. The state agency may consult with 

other state agencies when preparing the economic impact statement. 

(2) The state agency shall consult with the League of Kansas municipalities, Kansas 

association of counties and the Kansas association of school boards, as appropriate, when 

preparing the economic impact statement of a proposed rule and regulation which increases or 

decreases revenues of cities, counties or school districts or imposes functions or responsibilities 

on cities, counties or school districts which will increase their expenditures or fiscal liability. 

(3) The state agency shall reevaluate and, when necessary, update the statement at the time 

of filing a rule and regulation with the secretary of state. If a public hearing was held prior to the 

adoption of the rule and regulation, a state agency at the time of filing a rule and regulation with 

the secretary of state shall include as a part of the economic impact statement a statement 

specifying the time and place at which the hearing was held and the attendance at the hearing. A 

C-3 
copy of the current economic impact statement shall be available from the state agency upon 

request by any party interested therein. 

(c) Upon request of the state rules and regulations board, the joint committee on 

administrative rules and regulations or the chairperson of either committee or board, the director 

of the budget shall review the economic impact statement prepared by any state agency and shall 

prepare a supplemental or revised statement. If possible, the supplemental or revised statement 

shall include a reliable estimate in dollars of the anticipated change in revenues and expenditures 

of the state. It also shall include a statement, if determinable or reasonably foreseeable, of the 

immediate and long-range economic impact of the rule and regulation upon persons subject 

thereto, small employers and the general public. If, after careful investigation, it is determined 

that no dollar estimate is possible, the statement shall set forth the reasons why no dollar estimate 

can be given. Every state agency is directed to cooperate with the division of the budget in the 

preparation of any statement pursuant to this subsection when, and to the extent, requested by the 

director of the budget. 

(d) At the time of drafting a proposed environmental rule and regulation or amendment to an 

existing environmental rule and regulation, the state agency shall consider the environmental 

benefit of such proposed rule and regulation or amendment. Prior to giving notice of a hearing on 

a proposed rule and regulation, the state agency shall prepare an environmental benefit statement 

that shall include a description of the need for and the environmental benefits which will likely 

accrue as the result of the proposed rule and regulation or amendment. The description shall 

summarize, when applicable, research indicating the level of risk to the public health or the 

environment being removed or controlled by the proposed rule and regulation or amendment. 

When specific contaminants are to be controlled by the proposed rule and regulation or 

amendment, the description shall indicate the level at which the contaminants are considered 

harmful according to currently available research. The state agency may consult with other state 

agencies when preparing the environmental benefit statement. The state agency shall reevaluate 

and, when necessary, update the statement at the time of filing a rule and regulation with the 

secretary of state. A copy of the current environmental benefit statement shall be available from 

the state agency upon request by any party interested therein. 

(e) In addition to the requirements of subsection (b), the economic impact statement for all 

environmental rules and regulations shall include: 

(1) A description of the capital and annual costs of compliance with the proposed rules and 

regulations, and the persons who will bear those costs; 

(2) a description of the initial and annual costs of implementing and enforcing the proposed 

rules and regulations, including the estimated amount of paperwork, and the state agencies, other 

governmental agencies or other persons or entities who will bear the costs; 

(3) a description of the costs which would likely accrue if the proposed rules and regulations 

are not adopted, the persons who will bear the costs and those who will be affected by the failure 

to adopt the rules and regulations; and 

(4) a detailed statement of the data and methodology used in estimating the costs used in the 

statement. 

History: L. 1965, ch. 506, § 2; L. 1976, ch. 415, § 1; L. 1977, ch. 321, § 2; L. 1979, ch. 304, 

§ 1; L. 1980, ch. 304, § 1; L. 1981, ch. 366, § 1; L. 1982, ch. 386, § 2; L. 1983, ch. 307, § 2; L.

1984, ch. 346, § 1; L. 1988, ch. 366, § 29; L. 1994, ch. 232, § 4; L. 1995, ch. 171, § 2; L. 2001, 

ch. 11, § 1; L. 2008, ch. 25, § 2; L. 2010, ch. 95, § 4; July 1. 

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77-417. Duties of secretary of state. (a) The secretary of state shall: 

(1) Endorse on each rule and regulation filed, the time and date of the filing thereof; 

(2) maintain a file of such rules and regulations for public inspection; 

(3) keep a complete record of all amendments and revocations of rules and regulations; 

(4) index the rules and regulations so filed; and 

(5) publish the rules and regulations as hereinafter provided. 

(b) The secretary of state shall have the discretion to return to the appropriate state agency or 

to otherwise dispose of any document or other material which had been adopted previously by 

reference and filed with the secretary of state. 

History: L. 1965, ch. 506, § 3; L. 1977, ch. 321, § 3; L. 1988, ch. 366, § 30; L. 2010, ch. 95, 

§ 5; July 1.

77-418. Filing rules and regulations, form. All rules and regulations adopted by every state 

agency shall be filed with the secretary of state in a form and manner approved by the secretary 

of state. 

History: L. 1965, ch. 506, § 4; L. 1977, ch. 321, § 4; L. 1979, ch. 304, § 2; L. 1980, ch. 304, 

§ 2; L. 1988, ch. 366, § 31; L. 2010, ch. 95, § 6; July 1. 

77-419. Revival or amendment of regulations; filing and publication. To revive or amend 

a rule and regulation, the new rule and regulation shall contain the entire section revived or 

amended, and any section so amended shall be revoked. For the purpose of filing in the office of 

the secretary of state and for submission to the joint committee on administrative rules and 

regulations as provided in K.S.A. 77-426, and amendments thereto, a rule and regulation 

amending an existing regulation shall indicate the new matter contained therein by underlining or 

printing in italics the new matter, and material to be deleted from such rule and regulation shall 

be shown in strike-through type. The secretary of state in preparing such rules and regulations for 

publication in the Kansas administrative regulations shall omit all material shown in strikethrough type. The secretary of state shall not file any regulation which amends or revives a 

regulation unless the regulation so amending or reviving conforms to the provisions of this 

section. 

History: L. 1965, ch. 506, § 5; L. 1974, ch. 421, § 5; L. 1975, ch. 484, § 1; L. 1975, ch. 485, 

§ 1; L. 1975, ch. 486, § 1; L. 1977, ch. 321, § 5; L. 1988, ch. 366, § 32; L. 2010, ch. 95, § 7; July 

1. 

77-420. Approval of rules and regulations by secretary of administration and attorney 

general; requirements for filing with secretary of state. (a) Every rule and regulation 

proposed to be adopted by any state agency, before being submitted to the attorney general under 

this section, shall be submitted to the secretary of administration for approval of its organization, 

style, orthography and grammar subject to such requirements as to organization, style, 

orthography and grammar as the secretary may adopt. Every rule and regulation submitted to the 

secretary of administration under this subsection (a) shall be accompanied by a copy of any 

document which is adopted by reference by the rule and regulation. Every rule and regulation 

approved by the secretary of administration under this subsection (a) shall be stamped as 

approved and the date of such approval shall be indicated therein. 

(b) Every rule and regulation proposed by any state agency which has been approved by the 

secretary of administration as provided in subsection (a) before being adopted or filed shall be 

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submitted to the attorney general for an opinion as to the legality of the same, including whether 

the making of such rule and regulation is within the authority conferred by law on the state 

agency. The attorney general shall promptly furnish an opinion as to the legality of the proposed 

rule and regulation so submitted. Every rule and regulation submitted to the attorney general 

under this subsection (b) shall be accompanied by a copy of any document which is adopted by 

reference by the rule and regulation. Every rule and regulation approved by the attorney general 

under this subsection (b) shall be stamped as approved and the date of such approval shall be 

indicated therein. 

(c) No rule and regulation shall be filed by the secretary of state unless: 

(1) The organization, style, orthography and grammar have been approved by the secretary 

of administration; 

(2) the rule and regulation has been approved in writing by the attorney general as to 

legality; 

(3) the rule and regulation has been formally adopted by the state agency after it has been 

approved by the secretary of administration and the attorney general and is accompanied by a 

certified or other formal statement of adoption when adoption is by an executive officer of a state 

agency, or by a certified copy of the roll call vote required for its adoption by K.S.A. 77-421, and 

amendments thereto, when adoption is by a board, commission, authority or other similar body; 

(4) the rule and regulation to be filed is accompanied by a copy of the economic impact 

statement as provided by K.S.A. 77-416, and amendments thereto; and 

(5) the rule and regulation to be filed is accompanied by a copy of the environmental benefit 

statement required by K.S.A. 77-416, and amendments thereto, if applicable. 

History: L. 1965, ch. 506, § 6; L. 1972, ch. 354, § 1; L. 1977, ch. 321, § 6; L. 1979, ch. 304, 

§ 3; L. 1980, ch. 304, § 3; L. 1982, ch. 386, § 3; L. 1983, ch. 307, § 3; L. 1985, ch. 307, § 1; L. 

1988, ch. 366, § 33; L. 1995, ch. 171, § 3; L. 2010, ch. 95, § 8; July 1. 

77-420a. Adoption of rules and regulations. No rule and regulation shall be adopted prior 

to the effective date of the statute authorizing its adoption, but prior to the effective date of such 

statute, the proposed rule and regulation may be submitted to the secretary of administration and 

to the attorney general for approval as required by K.S.A. 77-420, and amendments thereto, and 

notice of the proposed rule and regulation may be given and a hearing held thereon in the manner 

provided by K.S.A. 77-421, and amendments thereto. 

History: L. 1998, ch. 82, § 4; L. 2001, ch. 11, § 1; July 1. 

77-421. Notice and hearing; adoption procedure; new rulemaking, when required. (a) 

(1) Except as provided by subsection (a)(2), subsection (a)(3) or subsection (a)(4), prior to the 

adoption of any permanent rule and regulation or any temporary rule and regulation which is 

required to be adopted as a temporary rule and regulation in order to comply with the 

requirements of the statute authorizing the same and after any such rule and regulation has been 

approved by the secretary of administration and the attorney general, the adopting state agency 

shall give at least 60 days’ notice of its intended action in the Kansas register and to the secretary 

of state and to the joint committee on administrative rules and regulations established by K.S.A. 

77-436, and amendments thereto. The notice shall be provided to the secretary of state and to the 

chairperson, vice chairperson, ranking minority member of the joint committee and legislative 

research department and shall be published in the Kansas register. A complete copy of all 

proposed rules and regulations and the complete economic impact statement required by K.S.A. 

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77-416, and amendments thereto, shall accompany the notice sent to the secretary of state. The 

notice shall contain: 

(A) A summary of the substance of the proposed rules and regulations; 

(B) a summary of the economic impact statement indicating the estimated economic impact 

on governmental agencies or units, persons subject to the proposed rules and regulations and the 

general public; 

(C) a summary of the environmental benefit statement, if applicable, indicating the need for 

the proposed rules and regulations; 

(D) the address where a complete copy of the proposed rules and regulations, the complete 

economic impact statement, the environmental benefit statement, if applicable, required by 

K.S.A. 77-416, and amendments thereto, may be obtained; 

(E) the time and place of the public hearing to be held; the manner in which interested parties 

may present their views; and 

(F) a specific statement that the period of 60 days’ notice constitutes a public comment 

period for the purpose of receiving written public comments on the proposed rules and 

regulations and the address where such comments may be submitted to the state agency. 

Publication of such notice in the Kansas register shall constitute notice to all parties affected by 

the rules and regulations. 

(2) Prior to adopting any rule and regulation which establishes seasons and fixes bag, creel, 

possession, size or length limits for the taking or possession of wildlife and after such rule and 

regulation has been approved by the secretary of administration and the attorney general, the 

secretary of wildlife, parks and tourism shall give at least 30 days’ notice of its intended action in 

the Kansas register and to the secretary of state and to the joint committee on administrative rules 

and regulations created pursuant to K.S.A. 77-436, and amendments thereto. All other provisions 

of subsection (a)(1) shall apply to such rules and regulations, except that the statement required 

by subsection (a)(1)(E) shall state that the period of 30 days’ notice constitutes a public comment 

period on such rules and regulations. 

(3) Prior to adopting any rule and regulation which establishes any permanent prior 

authorization on a prescription-only drug pursuant to K.S.A. 39-7,120, and amendments thereto, 

or which concerns coverage or reimbursement for pharmaceuticals under the pharmacy program 

of the state medicaid plan, and after such rule and regulation has been approved by the secretary 

of administration and the attorney general, the secretary of health and environment shall give at 

least 30 days’ notice of its intended action in the Kansas register and to the secretary of state and 

to the joint committee on administrative rules and regulations created pursuant to K.S.A. 77-436, 

and amendments thereto. All other provisions of subsection (a)(1) shall apply to such rules and 

regulations, except that the statement required by subsection (a)(1)(E) shall state that the period 

of 30 days’ notice constitutes a public comment period on such rules and regulations. 

(4) Prior to adopting any rule and regulation pursuant to subsection (c), the state agency shall 

give at least 60 days’ notice of its intended action in the Kansas register and to the secretary of 

state and to the joint committee on administrative rules and regulations created pursuant to 

K.S.A. 77-436, and amendments thereto. All other provisions of subsection (a)(1) shall apply to 

such rules and regulations, except that the statement required by subsection (a)(1)(E) shall state 

that the period of notice constitutes a public comment period on such rules and regulations. 

(b) (1) On the date of the hearing, all interested parties shall be given reasonable opportunity 

to present their views or arguments on adoption of the rule and regulation, either orally or in 

writing. At the time it adopts or amends a rule and regulation, the state agency shall prepare a 

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concise statement of the principal reasons for adopting the rule and regulation or amendment 

thereto, including: 

(A) The agency’s reasons for not accepting substantial arguments made in testimony and 

comments; and 

(B) the reasons for any substantial change between the text of the proposed adopted or 

amended rule and regulation contained in the published notice of the proposed adoption or 

amendment of the rule and regulation and the text of the rule and regulation as finally adopted. 

(2) Whenever a state agency is required by any other statute to give notice and hold a hearing 

before adopting, amending, reviving or revoking a rule and regulation, the state agency, in lieu of 

following the requirements or statutory procedure set out in such other law, may give notice and 

hold hearings on proposed rules and regulations in the manner prescribed by this section. 

(3) Notwithstanding the other provisions of this section, the secretary of corrections may 

give notice or an opportunity to be heard to any inmate in the custody of the secretary with 

regard to the adoption of any rule and regulation. 

(c) (1) The agency shall initiate new rulemaking proceedings under this act, if a state agency 

proposes to adopt a final rule and regulation that: 

(A) Differs in subject matter or effect in any material respect from the rule and regulation as 

originally proposed; and 

(B) is not a logical outgrowth of the rule and regulation as originally proposed. 

(2) For the purposes of this provision, a rule and regulation is not the logical outgrowth of 

the rule and regulation as originally proposed if a person affected by the final rule and regulation 

was not put on notice that such person’s interests were affected in the rule making. 

(d) When, pursuant to this or any other statute, a state agency holds a hearing on the 

adoption of a proposed rule and regulation, the agency shall cause written minutes or other 

records, including a record maintained on sound recording tape or on any electronically accessed 

media or any combination of written or electronically accessed media records of the hearing to 

be made. If the proposed rule and regulation is adopted and becomes effective, the state agency 

shall maintain, for not less than three years after its effective date, such minutes or other records, 

together with any recording, transcript or other record made of the hearing and a list of all 

persons who appeared at the hearing and who they represented, any written testimony presented 

at the hearing and any written comments submitted during the public comment period. 

(e) No rule and regulation shall be adopted by a board, commission, authority or other 

similar body except at a meeting which is open to the public and notwithstanding any other 

provision of law to the contrary, no rule and regulation shall be adopted by a board, commission, 

authority or other similar body unless it receives approval by roll call vote of a majority of the 

total membership thereof. 

History: L. 1965, ch. 506, § 7; L. 1967, ch. 485, § 1; L. 1972, ch. 354, § 2; L. 1976, ch. 415, 

§ 2; L. 1977, ch. 321, § 7; L. 1978, ch. 120, § 25; L. 1980, ch. 304, § 4; L. 1981, ch. 324, § 33; L.

1982, ch. 386, § 4; L. 1983, ch. 307, § 4; L. 1987, ch. 362, § 1; L. 1988, ch. 366, § 34; L. 1995, 

ch. 171, § 4; L. 1998, ch. 82, § 1; L. 2002, ch. 180, § 9; L. 2010, ch. 95, § 9; L. 2011, ch. 14, § 2; 

L. 2012, ch.16, § 38; L. 2012, ch. 166, § 21; July 1. 

77-421b. Proposed rules and regulations; copy for joint committee. As soon as possible 

after the filing of any proposed rules and regulations by a state agency as required by subsection 

(a) of K.S.A. 77-421, and amendments thereto, the secretary of state shall submit to the joint 

committee on administrative rules and regulations one copy of the proposed rules and 

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regulations. Upon completion of the sixty-day comment period required by K.S.A. 77-421, and 

amendments thereto, the secretary of state may discard copies of the proposed rules and 

regulations that are subject to the comment period. 

History: L. 1995, ch. 93, § 2; July 1. 

77-422. Temporary rules and regulations; requirements and grounds for adoption; 

numbering; effective date; expiration. (a) A rule and regulation may be adopted by a state 

agency as a temporary rule and regulation if the state agency and the state rules and regulations 

board finds that the preservation of the public peace, health, safety or welfare necessitates or 

makes desirable putting such rule and regulation into effect prior to the time it could be put into 

effect if the agency were to comply with the notice, hearing and publication requirements of this 

act or prior to the effective date prescribed by K.S.A. 77-426, and amendments thereto. 

(b) Temporary rules and regulations may be adopted without the giving of notice and the 

holding of a hearing thereon. 

(c) (1) A temporary rule and regulation shall take effect: 

(A) After approval by the secretary of administration and the attorney general as provided by 

K.S.A. 77-420, and amendments thereto; 

(B) after approval by the state rules and regulations board as provided by K.S.A. 77-423, and 

amendments thereto; and 

(C) upon filing with the secretary of state. 

(2) The effective date of all or specific parts of a temporary rule and regulation may be 

delayed to a date later than its filing date if the delayed effective date of such rule and regulation, 

or specific parts thereof, is clearly expressed in the body of such rule and regulation. 

(3) A temporary rule and regulation shall be effective for a period not to exceed 120 days 

except that, for good cause, a state agency may request that a temporary rule and regulation may 

be renewed one time for an additional period not to exceed 120 days. 

(d) A temporary rule and regulation which amends an existing rule and regulation shall have 

the effect of suspending the force and effect of the existing rule and regulation until such time as 

the temporary rule and regulation is no longer effective. In such case, at the time the temporary 

rule and regulation ceases to be effective, the existing permanent rule and regulation which was 

amended by the temporary rule and regulation shall be in full force and effect unless such 

existing rule and regulation is otherwise amended, revoked or suspended as provided by law. 

(e) Temporary rules and regulations shall be numbered in accordance with the numbering 

arrangement approved by the secretary of state and otherwise shall conform to the approval, 

adoption and filing requirements of this act, insofar as the same can be made applicable. 

History: L. 1965, ch. 506, § 8; L. 1974, ch. 421, § 1; L. 1975, ch. 484, § 2; L. 1975, ch. 485, 

§ 2; L. 1975, ch. 486, § 2; L. 1976, ch. 415, § 3; L. 1977, ch. 321, § 8; L. 1980, ch. 304, § 5; L. 

1981, ch. 366, § 2; L. 1981, ch. 324, § 34; L. 1985, ch. 307, § 2; L. 1986, ch. 361, § 1; L. 1988, 

ch. 366, § 35; L. 1998, ch. 82, § 2; L. 2010, ch. 95, § 11; July 1. 

77-423. State board; creation; membership; powers and duties. There is hereby created a 

state rules and regulations board consisting of the attorney general or the attorney general’s 

designee, the secretary of state or the secretary of state’s designee, the secretary of administration 

or the secretary of administration’s designee, the chairperson of the joint committee on 

administrative rules and regulations or a member of the joint committee designated by the 

chairperson from the same house of the legislature as the chairperson and the vice-chairperson of 

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the joint committee on administrative rules and regulations or a member of the joint committee 

designated by the vice-chairperson from the same house of the legislature as the vicechairperson. If a member is designated to serve on the board by the chairperson or vicechairperson of the joint committee, the designated member shall serve in lieu of the designating 

officer on a temporary or permanent basis as specified by the designating officer. The attorney

general shall be the chairperson of the board. The secretary of state shall serve as the secretary to 

the board. The state rules and regulations board shall determine whether a rule and regulation 

should be adopted as a temporary rule and regulation, shall determine the rules and regulations to 

be published in the Kansas administrative regulations and in the annual supplement to such 

regulations as provided for in this act and shall perform such other duties as may be required by 

this act. 

History: L. 1965, ch. 506, § 9; L. 1975, ch. 484, § 3; L. 1975, ch. 485, § 3; L. 1975, ch. 486, 

§ 3; L. 1977, ch. 321, § 9; L. 1979, ch. 304, § 4; L. 1981, ch. 366, § 3; L. 1988, ch. 366, § 36; L.

2010, ch. 95, § 12; July 1. 

77-424. State rules and regulations board to determine which rules and regulations 

published in Kansas administrative regulations or annual supplement; reference to rules 

and regulations not published. The state rules and regulations board shall meet as soon as 

possible after January 1 each year to determine which rules and regulations filed during the 

preceding calendar year are to be published in the Kansas administrative regulations or annual 

supplement thereto. For the purpose of avoiding unwarranted expense, the board may authorize 

and direct the secretary of state to withhold publication of any technical rule and regulation of 

any state agency where such rules and regulations are of limited public interest and are or will be 

available in published form. In every such case where the rules and regulations are not published 

in the Kansas administrative regulations or annual supplement, reference shall be made by the 

secretary of state to the rules and regulations omitted therefrom, and shall state how such rules 

and regulations may be obtained and that the rules and regulations so omitted are on file in the 

office of the secretary of state. 

History: L. 1965, ch. 506, § 10; L. 1975, ch. 484, § 5; L. 1975, ch. 485, § 5; L. 1975, ch. 

486, § 5; L. 1976, ch. 415, § 4; L. 1977, ch. 321, § 10; L. 1982, ch. 386, § 6; L. 1983, ch. 307, § 

6; L. 1988, ch. 366, § 37; L. 2006, ch. 55, § 1; L. 2010, ch. 95, § 13; July 1. 

77-425. Effective date of permanent rules and regulations; effect of filing and 

publication; effect of revocation. Every rule and regulation other than a temporary rule and 

regulation which is filed by a state agency in the office of the secretary of state as provided in 

this act shall have the force and effect of law on and after the date prescribed in K.S.A. 77-426, 

and amendments thereto, until amended or revoked as provided by law and such amendment or 

revocation shall have become effective. Any rule and regulation not filed and published as 

required by this act shall be of no force or effect, except that any error or irregularity in form or 

any clerical error or omission of the secretary of state in the filing of such regulation not 

affecting substantial rights shall not invalidate the same. The filing and publication of rules and 

regulations as required by this act shall not be construed as dispensing with the requirements of 

any other law necessary to make the rules and regulations effective. The revocation of a rule and 

regulation by a state agency shall not be construed as reviving a rule and regulation previously 

revoked by such agency, nor shall such revocation by a state agency be construed as affecting 

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any right which accrued, any duty imposed, any penalty incurred, nor any proceeding 

commenced, under or by virtue of the rule and regulation revoked. 

History: L. 1965, ch. 506, § 11; L. 1974, ch. 421, § 2; L. 1976, ch. 415, § 5; L. 1977, ch. 

321, § 11; L. 1985, ch. 307, § 3; L. 1988, ch. 366, § 38; June 1. 

77-426. Existing rules and regulations continued in effect; effective date of permanent 

rules and regulations; filing with joint legislative committee; legislature may request 

revocation or amendment of rules and regulations. (a) All rules and regulations which are in 

force and effect at the time this act takes effect shall continue in full force and effect and may be 

amended, revived or revoked as provided by law. All new rules and regulations and all 

amendments, revivals or revocations of rules and regulations, other than temporary regulations, 

adopted in any year shall be filed with the secretary of state and shall become effective 15 days 

following its publication in the Kansas register or such later date as clearly expressed in the body 

of such rule and regulation. 

(b) As soon as possible after the filing of any rules and regulations by a state agency, the 

secretary of state shall submit to the joint committee on administrative rules and regulations such 

number of copies as may be requested by the joint committee on administrative rules and 

regulations. 

(c) At any time prior to adjournment sine die of the regular session of the legislature, the 

legislature may adopt a concurrent resolution expressing the concern of the legislature with any 

permanent or temporary rule and regulation which is in force and effect and on file in the office 

of the secretary of state and any permanent rule and regulation filed in the office of the secretary 

of state during the preceding year and requesting the revocation of any such rule and regulation 

or the amendment of any such rule and regulation in the manner specified in such resolution. 

History: L. 1965, ch. 506, § 12; L. 1974, ch. 421, § 3; L. 1975, ch. 484, § 4; L. 1975, ch. 

485, § 4; L. 1975, ch. 486, § 4; L. 1976, ch. 415, § 6; L. 1976, ch. 416, § 1; L. 1977, ch. 321, § 

12; L. 1979, ch. 305, § 1; L. 1979, ch. 304, § 5; L. 1982, ch. 386, § 7; L. 1985, ch. 307, § 4; L. 

1988, ch. 366, § 39; L. 1995, ch. 93, § 3; July 1. 

77-428. Annual supplements; publication; contents; authentication. (a) At the beginning 

of each calendar year the secretary of state, as soon as possible, shall assemble all rules and 

regulations, except temporary rules and regulations, filed during the preceding year in 

accordance with the provisions of this act. The state rules and regulations board shall determine 

which of such rules and regulations are to be published in the Kansas administrative regulations 

or annual supplement as provided in this act. 

(b) Annual supplements shall be cumulative and shall include all rules and regulations 

published in the annual supplement in the next preceding year which remain in force and effect 

on the effective date of the current supplement, together with all rules and regulations, other than 

temporary rules and regulations, which were regularly adopted and filed in the office of the 

secretary of state in the year next preceding the year when such annual supplement is published 

and which were approved for publication by the state rules and regulations board. 

(c) The secretary of state shall prepare annual supplements to the rules and regulations and 

material to be published therewith, in the form determined by the secretary of state. The annual 

supplement of rules and regulations shall be published and shall include a general index of all 

rules and regulations contained therein and such notes, cross references and explanatory 

materials as will facilitate the use of such supplements. Authentication of all supplement 

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volumes shall be in the manner provided in K.S.A. 77-429, and amendments thereto. The 

director of printing shall print the number of copies requisitioned by the secretary of state. 

History: L. 1965, ch. 506, § 14; L. 1974, ch. 421, § 4; L. 1975, ch. 484, § 6; L. 1975, ch. 

485, § 6; L. 1975, ch. 486, § 6; L. 1976, ch. 417, § 1; L. 1976, ch. 415, § 7; L. 1976, ch. 418, § 2; 

L. 1977, ch. 321, § 14; L. 1978, ch. 387, § 2; L. 1980, ch. 304, § 6; L. 1983, ch. 307, § 7; L. 

1988, ch. 366, § 40; L. 2010, ch. 95, § 14; July 1. 

77-429. Authentications; rules and regulation database; secretary of state duties. (a) 

Before the Kansas administrative regulations or the annual supplement thereto shall be published 

by the secretary of state, they shall be examined and compared by the attorney general and the 

secretary of state, and if they contain all rules and regulations approved for publication by the 

board, and otherwise comply with the terms of this act, they shall so certify and after such 

authentication they shall be deemed and held to be “Kansas administrative regulations” and 

evidence in all courts having jurisdiction in the state; and such authentication shall accompany 

each electronic or printed copy of Kansas administrative regulations and annual supplement 

thereto. 

(b) (1) The secretary of state shall prepare a searchable database containing all of the Kansas 

administrative regulations, including any supplements, published pursuant to this section by July 

1, 2012, if practicable. The database shall be constructed in such a manner that any person 

accessing or using such database shall be able to search for any rule and regulation based upon 

the number or subject matter of the rule and regulation or by keyword search. The initial search 

shall return a list of all rules and regulations which contain the initial search term. 

(2) Using any rule and regulation containing the initial search term as an entry point into the 

database, the database shall permit the person using such database to: 

(A) View all occurrences of the search term in the rule and regulation retrieved; and 

(B) using the initially retrieved rule and regulation as an entry point into the database’s 

hierarchy, navigate to each rule and regulation which follows or precedes the initial rule and 

regulation. 

History: L. 1965, ch. 506, § 15; L. 1977, ch. 321, § 16; L. 2010, ch. 95, § 15; July 1. 

77-430. Kansas administrative regulations; publication, distribution and sale; sale price 

fixed by secretary of state; disposition of receipts. (a) The secretary of state shall publish the 

Kansas administrative regulations in an electronic or paper medium. The secretary of state shall 

make the Kansas administrative regulations available by request to the following: 

(1) The supreme court law library and the state library. 

(2) The law schools and law libraries of the university of Kansas and Washburn university. 

(3) Each member of the legislature at the time of taking office, after election or appointment, 

for the member’s first term of office as a member of either house of the legislature which 

commences on or after the second Monday of January in 1991, except that a term of office as a 

member of either house of the legislature, whether a complete or partial term of office, shall not 

be construed for purposes of this distribution to be the member’s first term of office if such term 

of office is part of a continuous period of service as a member of either house of the legislature 

or both houses of the legislature, in any combination of consecutive terms of office; 

(4) each member of the joint committee on administrative rules and regulations; 

(5) the governor, lieutenant governor, attorney general and state historical society library; 

(6) the judicial branch of state government; 

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(7) each county law library; 

(8) the city library in each city of the first and second class; 

(9) each county library; 

(10) the office of revisor of statutes; 

(11) the legislative research department; 

(12) the division of post audit; and 

(13) the division of legislative administrative services. 

(b) The Kansas administrative regulations may be purchased in complete sets or in single 

volumes. Single volumes of the Kansas administrative regulations shall be sold by the secretary 

of state at the per volume price fixed by the secretary of state under this section. Complete sets of 

the Kansas administrative regulations shall be sold by the secretary of state at the per set price 

fixed therefor by the secretary of state under this section. 

(c) All moneys received from such sales shall be remitted to the state treasurer in accordance 

with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such 

remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of 

the information and services fee fund of the secretary of state. 

(d) The secretary of state shall fix by rules and regulations the per volume and complete set 

prices of the Kansas administrative regulations sold under this section to recover the costs of 

publishing such volumes, whether in printed or electronic form. The secretary of state shall 

revise such prices from time to time for the purposes of covering and recovering such costs. 

History: L. 1965, ch. 506, § 16; L. 1974, ch. 135, § 19; L. 1975, ch. 488, § 1; L. 1976, ch. 

415, § 8; L. 1976, ch. 418, § 3; L. 1976, ch. 416, § 2; L. 1980, ch. 304, § 7; L. 1983, ch. 307, § 8; 

L. 1988, ch. 367, § 1; L. 1990, ch. 339, § 7; L. 2001, ch. 5, § 439; L. 2006, ch. 15, § 3; L. 2010, 

ch. 95, § 16; July 1. 

77-430a. Kansas administrative regulations; replacement volumes; publication, 

distribution and sale. (a) The secretary of state shall edit and prepare for publication volumes of 

rules and regulations which replace existing volumes of the Kansas administrative regulations 

within the limitations of available appropriations therefor. Replacement volumes shall be 

published in the same format and in accordance with the same specifications used in the volume 

replaced and shall be authenticated as required by K.S.A. 77-429, and amendments thereto. 

Replacement volumes of the Kansas administrative regulations shall be published by the 

secretary of state who shall distribute and sell such replacement volumes in the same manner as 

provided in K.S.A. 77-430, and amendments thereto, for the distribution and sale of other 

volumes of the Kansas administrative regulations, except that each member of the senate or 

house of representatives shall receive, upon request, one copy of each replacement volume for 

the purpose of updating the set of the Kansas administrative regulations received at the time of 

taking office for the member’s first term of office as a member of either house of the legislature 

as provided in K.S.A. 77-430, and amendments thereto. 

(b) Moneys received from the sale of replacement volumes under this section shall be 

remitted to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and 

amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the 

entire amount in the state treasury to the credit of the information and services fee fund of the 

secretary of state. 

(c) The secretary of state shall fix by rules and regulations the per volume price, or the 

complete set price if more than one replacement volume is published, of any replacement volume 

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of the Kansas administrative regulations sold under this section to recover the costs of publishing 

such volumes, whether in printed or electronic form. The secretary of state shall revise such 

prices from time to time for the purposes of covering and recovering such costs. 

History: L. 1976, ch. 418, § 6; L. 1983, ch. 307, § 9; L. 1988, ch. 366, § 41; L. 1990, ch. 

339, § 8; L. 2010, ch. 95, § 17; July 1. 

77-431. Annual supplements to Kansas administrative regulations; publication, 

distribution and sale; sale price fixed by secretary of state; disposition of receipts. (a) The 

secretary of state shall publish and make available the annual supplements to the Kansas 

administrative regulations. The secretary of state shall transmit the same number of copies of 

each annual supplement in the same manner as provided in subsection (a) of K.S.A. 77-430, and 

amendments thereto, for distribution of Kansas administrative regulations, except that each 

member of the senate or house of representatives shall receive, upon request, one copy of each 

annual supplement for the purpose of updating the set of the Kansas administrative regulations 

received at the time of taking office for the member’s first term of office as a member of either 

house of the legislature as provided in K.S.A. 77-430, and amendments thereto. 

The secretary of state may publish the supplements to the Kansas administrative regulations 

in an electronic or paper medium. 

(b) Moneys received from the sale of supplements under this section shall be remitted to the 

state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. 

Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the 

state treasury to the credit of the information and services fee fund of the secretary of state. 

(c) The secretary of state shall fix by rules and regulations the per volume price, or the 

complete set price if more than one volume is published, for each annual supplement to the 

Kansas administrative regulations sold under this section to recover the costs of publishing, 

whether published in an electronic or paper medium. The secretary of state shall revise such 

prices from time to time for the purposes of covering and recovering such costs. 

History: L. 1965, ch. 506, § 17; L. 1976, ch. 415, § 9; L. 1976, ch. 418, § 4; L. 1978, ch. 

387, § 3; L. 1983, ch. 307, § 10; L. 1990, ch. 339, § 9; L. 2001, ch. 5, § 440; L. 2006, ch. 15, § 4; 

L. 2010, ch. 95, § 18; July 1. 

77-432a. Disposition of obsolete volumes and supplements. Whenever the secretary of 

state determines that any volume of Kansas administrative regulations or any annual supplement 

to the Kansas administrative regulations has become obsolete by reason of the publication of a 

later volume or annual supplement, the secretary of state may provide for the disposition of the 

remaining copies of such obsolete volumes or supplement volumes by whatever means the 

secretary determines, without making a charge therefor. 

History: L. 1978, ch. 387, § 4; L. 1983, ch. 307, § 11; L. 1988, ch. 366, § 42; June 1. 

77-433. Duplication and distribution of regulations by agency, when. This act shall not 

be construed as prohibiting the duplication or distribution of rules and regulations by any agency 

of its properly adopted rules and regulations, if filed as provided by law, and funds are available 

for such purpose. 

History: L. 1965, ch. 506, § 19; L. 1977, ch. 321, § 17; July 1. 

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77-435. Editing of rules and regulations by secretary of state. In publishing the material 

in the Kansas administrative regulations and latest supplements thereto, the secretary of state 

shall not alter the sense, meaning or effect of any rule and regulation but may correct manifest 

orthographical, clerical or typographical errors and may edit the rules and regulations in the 

following manner: 

(a) By changing descriptive-subject-word headings of sections, subsections or subparts of a 

rule and regulation in order to briefly and clearly indicate the subject matter of such sections. 

(b) Where a pronoun of only masculine or only feminine gender appears a pronoun of the 

opposite gender may be added, or language may be changed for the same purpose, so long as the 

opening limitation of this section is not violated. 

(c) By striking the word “that” wherever it appears as the first word of any section in the 

Kansas administrative regulations or the latest supplement thereto. 

(d) By correcting doublets. 

The secretary of state may submit to the state rules and regulations board, for the board’s 

approval, any proposed changes made pursuant to the provisions of this section. No change made 

pursuant to the provisions of this section shall effect any change in the substantive meaning of 

the rule and regulation section, and any error made by the secretary of state in editing the rules 

and regulations as authorized by this section shall be construed as a clerical error only. 

History: L. 1977, ch. 321, § 15; L. 1988, ch. 366, § 43; L. 1998, ch. 82, § 3; L. 2010, ch. 95, 

§ 19; July 1.

77-436. Joint committee on administrative rules and regulations; creation, membership 

and chairperson; meetings and quorum; duties; compensation and expense allowances. (a) 

There is hereby established a joint committee on administrative rules and regulations which shall 

consist of five senators and seven members of the house of representatives. The five senator 

members shall be appointed as follows: Three by the committee on organization, calendar and 

rules and two by the minority leader of the senate. The seven representative members shall be 

appointed as follows: Four by the speaker of the house of representatives and three by the 

minority leader of the house of representatives. The committee on organization, calendar and 

rules shall designate a senator member to be chairperson or vice-chairperson of the joint 

committee as provided in this section. The speaker of the house of representatives shall designate 

a representative member to be chairperson or vice-chairperson of the joint committee as provided 

in this section. 

(b) A quorum of the joint committee on administrative rules and regulations shall be seven. 

All actions of the committee may be taken by a majority of those present when there is a 

quorum. In odd-numbered years the chairperson of the joint committee shall be the designated 

member of the house of representatives from the convening of the regular session in that year 

until the convening of the regular session in the next ensuing year. In even-numbered years the 

chairperson of the joint committee shall be the designated member of the senate from the 

convening of the regular session of that year until the convening of the regular session of the 

next ensuing year. The vice-chairperson shall exercise all of the powers of the chairperson in the 

absence of the chairperson. 

(c) All proposed rules and regulations shall be reviewed by the joint committee on 

administrative rules and regulations during the public comment period required by K.S.A. 77-

421, and amendments thereto. The committee may introduce such legislation as it deems 

necessary in performing its functions of reviewing administrative rules and regulations. 

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(d) All rules and regulations filed each year in the office of secretary of state shall be subject 

to review by the joint committee. The committee may introduce such legislation as it deems 

necessary in performing its functions of reviewing administrative rules and regulations. 

(e) The joint committee shall meet on call of the chairperson as authorized by the legislative 

coordinating council. All such meetings shall be held in Topeka, unless authorized to be held in a 

different place by the legislative coordinating council. Members of the joint committee shall 

receive compensation and travel expenses and subsistence expenses or allowances as provided in 

K.S.A. 75-3212, and amendments thereto, when attending meetings of such committee 

authorized by the legislative coordinating council. 

(f) Amounts paid under authority of this section shall be paid from appropriations for 

legislative expense and vouchers therefor shall be prepared by the director of legislative 

administrative services and approved by the chairperson or vice-chairperson of the legislative 

coordinating council. 

History: L. 1977, ch. 321, § 19; L. 1980, ch. 304, § 8; L. 1981, ch. 366, § 4; L. 1983, ch. 

307, § 5; L. 1988, ch. 368, § 1; L. 1988, ch. 366, § 44; L. 1995, ch. 93, § 4; L. 2010, ch. 95, § 20; 

L. 2011, ch. 14, § 3; July 1. 

77-437. Rules and regulations of the secretary of corrections and Kansas adult 

authority subject to provisions of the rules and regulations filing act. All temporary and 

permanent rules and regulations of the secretary of corrections and the Kansas adult authority 

shall be subject to all of the provisions of K.S.A. 77-415 to 77-436, inclusive, and amendments 

thereto. 

History: L. 1978, ch. 120, § 23; L. 1982, ch. 386, § 8; April 29. 

77-438. Guidance documents. (a) (1) A state agency may issue a guidance document 

without following the procedures set forth in this act for the adoption of rules and regulations. 

(2) For the purposes of this section, “guidance document” means a record of general 

applicability that: 

(A) Is designated by a state agency as a guidance document; 

(B) lacks the force of law; and 

(C) states: 

(i) The agency’s current approach to, or interpretation of, law; or 

(ii) general statements of policy that describe how and when the agency will exercise 

discretionary functions. 

(b) A guidance document may contain binding instructions to state agency staff members 

except officers who preside in adjudicatory proceedings. 

(c) If a state agency proposes to act in an adjudication at variance with a position expressed 

in a guidance document, the state agency shall provide a reasonable explanation for the variance. 

If an affected person in an adjudication claims to have reasonably relied on the agency’s 

position, the state agency’s explanation for the variance shall include a reasonable justification 

for the agency’s conclusion that the need for the variance outweighs the affected person’s 

reliance interests. 

(d) Each state agency shall: 

(1) Maintain an index of all of its currently effective guidance documents; 

(2) publish the index on its website; 

(3) make all guidance documents available to the public; and 

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(4) file the index in the manner prescribed by the secretary of state. 

(e) A guidance document may be considered by a presiding officer or agency head in an 

agency adjudication but such guidance document shall not bind any party, the presiding officer 

or the agency head. 

(f) Any agency that issues a guidance document shall provide a copy of such document to 

the joint committee on administrative rules and regulations. Such document may be submitted 

electronically. 

History: L. 1982, ch. 386, § 9; L. 2011, ch. 14, § 4; July 1. 

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