reglab/statecodes huggingface dataset:
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 27 - HAZARDOUS HOUSEHOLD ARTICLES › Section 28-27-10 - Articles containing toxic metal compounds

Current through Register Vol. 43, No. 28, July 11,
			 2024
Paints, varnishes and similar products containing not more than
				one percent of lead as metal (Pb), and not containing compounds of antimony,
				arsenic, cadmium, mercury, selenium, or barium (when soluble by stirring for 10
				minutes with five percent hydrochloric acid at room temperature) introduced as
				such in the formulation of these products, and flashing below 150° F.,
				shall bear the following cautionary labeling printed in type of sufficient size
				and prominence and in such contrast as to be easily readable under the normal
				conditions of sale and use:
(a) For
			 products with a flash point above 80° F., and which are toxic by
			 inhalation, ingestion or skin contact:
CAUTION! COMBUSTIBLE
Keep away from heat and open flame. Use with adequate
				ventilation. Avoid prolonged or repeated contact with skin. Avoid prolonged
				breathing of vapor or spray mist. Keep container closed when not in use.
(b) For products with a
			 flash point above 20° F. and not higher than 80° F., and which are
			 toxic by inhalation, ingestion or skin contact:
WARNING! FLAMMABLE
Keep away from heat, sparks, and open flame. Use with adequate
				ventilation. Avoid prolonged or repeated contact with skin. Avoid prolonged
				breathing of vapor or spray mist. Keep container closed when not in use.
(c) For products with flash
			 point of 20° F. or lower, and which are toxic by inhalation, ingestion or
			 skin contact:
DANGER! EXTREMELY FLAMMABLE
Keep away from heat, sparks, and open flame. Use with adequate
				ventilation. Avoid prolonged or repeated contact with skin. Avoid prolonged
				breathing of vapor or spray mist. Keep container closed when not in use.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 27 - HAZARDOUS HOUSEHOLD ARTICLES › Section 28-27-11 - Articles marked do not take internally

Current through Register Vol. 43, No. 28, July 11,
			 2024
The words "do not take internally" may be omitted from the
				labeling of articles described in 28-27-10 except in the case of clear liquids,
				such as thinners. Regardless of flash point, these clear liquids shall bear
				appropriate labeling as indicated in 28-27-10 plus the warning "do not take
				internally."
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 27 - HAZARDOUS HOUSEHOLD ARTICLES › Section 28-27-12 - Flash point, definition

Current through Register Vol. 43, No. 28, July 11,
			 2024
"Flash point" shall mean, for the purposes of these
				regulations, the flash point as determined by the Tagliabue open cup method, as
				specified in the American society for testing materials method D1310-55T. The
				percentage of lead shall be determined as lead metal (Pb) based on the total
				solids of the product.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 27 - HAZARDOUS HOUSEHOLD ARTICLES › Section 28-27-13 - Odorless solvents

Current through Register Vol. 43, No. 28, July 11,
			 2024
Products described in 28-27-10 which contain "odorless"
				solvents shall be labeled with appropriate cautionary statements specified in
				28-27-10, but the words "use with adequate ventilation" shall be in type two
				points larger than the type used for the rest of the cautionary labeling.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 27 - HAZARDOUS HOUSEHOLD ARTICLES › Section 28-27-14 - Articles containing toxic metal compounds

Current through Register Vol. 43, No. 28, July 11,
			 2024
Paints, varnishes, and similar products containing more than
				one percent of lead as metal (Pb) in compound, or containing a compound of
				antimony, arsenic, cadmium, mercury, selenium or barium (when soluble by
				stirring for 10 minutes with five percent hydrochloric acid at room
				temperature) introduced as such in the formulation of the products, and a
				solvent flashing below 150° F., shall bear the following cautionary
				labeling printed in type of sufficient size and prominence and in such contrast
				as to be easily readable under the normal conditions of sale and use.
(a) For products with flash point above
			 80° F.:
CAUTION! COMBUSTIBLE
Keep Away From Heat and Open Flame
CONTAINS LEAD OR OTHER COMPOUNDS HARMFUL IF EATEN
Do not apply to toys, furniture or interior surfaces which
				might be chewed by children. Use with adequate ventilation. Avoid breathing
				vapor or spray mist. Avoid prolonged contact with skin. Wash thoroughly after
				handling and before eating or smoking. Keep container closed when not in use.
(b) For products with flash
			 point above 20° F. and not higher than 80° F.:
WARNING! FLAMMABLE
Keep Away From Heat, Sparks, and Open Flame
CONTAINS LEAD OR OTHER COMPOUNDS HARMFUL IF EATEN
Do not apply to toys, furniture or interior surfaces which
				might be chewed by children. Use with adequate ventilation. Avoid breathing
				vapor or spray mist. Avoid prolonged contact with skin. Wash thoroughly after
				handling and before eating or smoking. Keep container closed when not in use.
(c) For products with flash
			 point below 20° F.:
DANGER! EXTREMELY FLAMMABLE
Keep Away From Heat, Sparks, and Open Flame
CONTAINS LEAD OR OTHER COMPOUNDS HARMFUL IF EATEN
Do not apply to toys, furniture or interior surfaces which
				might be chewed by children. Use with adequate ventilation. Avoid breathing
				vapor or spray mist. Avoid prolonged contact with skin. Wash thoroughly after
				handling and before eating or smoking. Keep container closed when not in use.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 27 - HAZARDOUS HOUSEHOLD ARTICLES › Section 28-27-15 - Articles containing lead; labeling

Current through Register Vol. 43, No. 28, July 11,
			 2024
When more than one percent of lead is the only harmful compound
				used in a product described in 28-27-14 the words "contains lead or other
				compounds harmful if eaten" may be changed to "contains more than one percent
				lead (Pb) harmful if eaten."
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 27 - HAZARDOUS HOUSEHOLD ARTICLES › Section 28-27-16 - Articles containing harmful solvents

Current through Register Vol. 43, No. 28, July 11,
			 2024
Paints, varnishes, paint removers and similar products, not
				described in 28-27-14 containing significant amounts of materials or solvents
				which may be harmful shall bear cautionary statements warning the user of
				hazards existing in their use. Manufacturers shall be guided in the labeling of
				this class of products by the principles set forth in manufacturing chemists
				association manual L-1 warning labels applying to the specific hazardous
				chemicals involved.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 27 - HAZARDOUS HOUSEHOLD ARTICLES › Section 28-27-20 - Toys bearing toxic paints prohibited

Current through Register Vol. 43, No. 28, July 11,
			 2024
The sale of any toy is prohibited if it is coated with paints
				and lacquers containing compounds of lead of which the lead content (calculated
				as Pb), is in excess of one percent of the total weight of the contained solids
				(including pigments and drier), or soluble compounds of antimony, arsenic,
				cadmium, mercury, selenium or barium, introduced as such. Compounds are
				considered soluble if quantities in excess of 0.1 percent are dissolved by five
				percent hydrochloric acid after stirring for 10 minutes at room temperature.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 27 - HAZARDOUS HOUSEHOLD ARTICLES › Section 28-27-22 - Toys filled with toxic fluids prohibited

Current through Register Vol. 43, No. 28, July 11,
			 2024
The sale of any toy filled with any toxic fluid which might be
				injurious upon breakage or leakage is prohibited.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 27 - HAZARDOUS HOUSEHOLD ARTICLES › Section 28-27-23 - Bubble-forming materials to be nontoxic

Current through Register Vol. 43, No. 28, July 11,
			 2024
Materials intended for blowing bubbles, whether aqueous or
				plastic, shall be composed only of materials which are nontoxic by ingestion,
				inhalation, absorption through the skin or through the eyes.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 27 - HAZARDOUS HOUSEHOLD ARTICLES › Section 28-27-24 - Fuels for toys and models, labeling

Current through Register Vol. 43, No. 28, July 11,
			 2024
Fuels for use in toys or models shall bear all the labeling
				information required under 28-27-2.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 27 - HAZARDOUS HOUSEHOLD ARTICLES › Section 28-27-25 - Pigments, solvents or bodies in certain toys to be nontoxic

Current through Register Vol. 43, No. 28, July 11,
			 2024
Pigments, solvents or bodies used in such toys as crayons,
				chalks, modeling clays, doughs, etc., shall be nontoxic.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 27 - HAZARDOUS HOUSEHOLD ARTICLES › Section 28-27-30 - Devices for vaporizing chlorinated hydrocarbons prohibited

Current through Register Vol. 43, No. 28, July 11,
			 2024
No person, corporate or natural, shall advertise or label any
				device, intended for household use which is designed and intended to vaporize
				by heat any chlorinated hydrocarbon insecticide, in such a manner as to
				suggest, imply, or recommend that the device is to be used while any person
				occupies the premises where such use takes place, nor shall any person
				advertise or label such device so as to suggest, imply, or recommend that it be
				used in living quarters for any period in excess of eight (8) hours or more
				frequently than at fourteen (14) day intervals.
The term "label" as used in this regulation refers to any
				written, printed or graphic matter appearing on or accompanying the retail
				wrapper or package of the devices described herein. The term "advertise" refers
				to the making of any representation, disseminated in any manner or by any means
				other than by a label, for the purpose of inducing, or which is likely to
				induce directly or indirectly, the purchase of insecticide vaporizing devices.
The sale, offering for sale or holding for sale of any
				vaporizing devices which are advertised or labeled in violation of this
				regulation is prohibited: Provided, however,
That no person shall be held in violation for advertising
				unless he shall in some way have disseminated or aided in dissemination of such
				advertising.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 27 - HAZARDOUS HOUSEHOLD ARTICLES › Section 28-27-31 - Metal polishes containing cyanides prohibited

Current through Register Vol. 43, No. 28, July 11,
			 2024
The sale, offering for sale, or holding for sale in Kansas of
				any metal polish intended for household use which contains any cyanides or
				substances which may react to produce the cyanide radical (CN) is prohibited.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 29 - SOLID WASTE MANAGEMENT › Section 28-29-1a - Modification of obsolete references and text

Current through
			 Register Vol. 43, No. 28, July 11, 2024
The following modifications shall be made to article 29:
(a) In K.A.R. 28-29-23(t), " K.A.R. 28-31-3 "
			 shall be replaced with " K.A.R. 28-31-261 ."
(b) In K.A.R. 28-29-23a(c)(8), the phrase "
			 K.A.R. 28-313 and K.A.R. 28-29-4 " shall be replaced with " K.A.R. 2831-261
			 ."
(c) In K.A.R. 28-29-27(g)(3), "
			 K.A.R. 28-31-9 " shall be replaced with " K.A.R. 28-31-270 ."
(d) In K.A.R. 28-29-102, the following
			 modifications shall be made:
(1) In paragraph
			 (l)(2)(A), " K.A.R. 28-15-11 " shall be replaced with " K.A.R. 28-16-28b(fff)
			 ."
(2) In paragraph (l)(2)(B), "
			 K.A.R. 28-15-11 " shall be replaced with "K.S.A.
			 65-162a, and amendments thereto."
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 29 - SOLID WASTE MANAGEMENT › Section 28-29-2 - Variances

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) General
			 Procedure. If exceptional circumstances make strict conformity with these
			 regulations impractical or not feasible, a person may submit a written request
			 for a variance from these regulations. The department may grant a variance from
			 these regulations and stipulate conditions and time limitations as necessary to
			 comply with the intent of all applicable state and federal laws. The department
			 shall review the variance request and notify the person within ninety (90) days
			 of receipt that the application is approved, denied, or requires modification.
(b) Experimental operations.
			 Variances may be granted to facilitate experimental operations intended to
			 develop new methods or technology. Variances for experimental operations shall
			 be considered only where significant health, safety, environmental hazards, or
			 nuisances will not be created, and when a detailed proposal is submitted and
			 accepted which sets forth the objectives, procedures, controls, monitoring,
			 reporting, time frame, and other data regarding the experiment.
(c) Restrictions. Variances for experimental
			 operations shall be limited to a maximum of two (2) years; however, the
			 department may renew the variance for one or more additional two-year periods
			 upon a showing by the person that the need for a variance continues to be
			 valid.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 29 - SOLID WASTE MANAGEMENT › Section 28-29-3 - Definitions

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) "Active area"
			 means any solid waste disposal area that has received solid waste and has fewer
			 than 12 inches of soil cover.
(b)
			 "Agricultural waste" means solid waste resulting from the production of farm or
			 agricultural products.
(c) "Air
			 pollution" means the presence in the outdoor atmosphere of one or more air
			 contaminants in such quantities and duration as is, or tends significantly to
			 be injurious to human health or welfare, animal or plant life, or property, or
			 would unreasonably interfere with the enjoyment of life or property.
(d) "Aquifer" means saturated soils and
			 geologic materials that are capable of recharging a well within 24 hours and
			 whose boundaries can be identified and mapped from hydrogeologic data. This
			 term shall include all hydraulically connected aquifers.
(e) "Backyard composting" means a composting
			 operation that does not distribute the finished compost for use off-site and
			 that meets one of the following conditions:
(1) The materials are all compostable and are
			 generated by no more than four single residences, or the equivalent of four
			 single residences.
(2) The
			 material being composted consists entirely of yard waste, and the volume of
			 material being composted is less than 10 cubic yards.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 29 - SOLID WASTE MANAGEMENT › Section 28-29-6 - Permits and engineering plans

Current through Register Vol. 43, No. 28, July 11,
			 2024
(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.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 29 - SOLID WASTE MANAGEMENT › Section 28-29-6a - Public notice of permit actions, public comment period, and public hearings

Current through Register Vol. 43, No. 28, July 11,
			 2024
(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.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 29 - SOLID WASTE MANAGEMENT › Section 28-29-7 - Conditions of permits

Current through Register Vol. 43, No. 28, July 11,
			 2024
(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.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 29 - SOLID WASTE MANAGEMENT › Section 28-29-8 - Modifications of permits

Current through Register Vol. 43, No. 28, July 11,
			 2024
(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.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 29 - SOLID WASTE MANAGEMENT › Section 28-29-9 - Suspension of permits

Current through Register Vol. 43, No. 28, July 11,
			 2024
(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.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 29 - SOLID WASTE MANAGEMENT › Section 28-29-10 - Denial or revocation of permits

Current through Register Vol. 43, No. 28, July 11,
			 2024
(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.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 29 - SOLID WASTE MANAGEMENT › Section 28-29-12 - Notification of closure, closure plans, and long-term care

Current through Register Vol. 43, No. 28, July 11,
			 2024
(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.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 29 - SOLID WASTE MANAGEMENT › Section 28-29-16 - Inspections

Current through Register Vol. 43, No. 28, July 11,
			 2024
(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.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 29 - SOLID WASTE MANAGEMENT › Section 28-29-19 - Monitoring required

Current through Register Vol. 43, No. 28, July 11,
			 2024
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;
(b) Plans and specifications for the
			 construction of the monitoring systems;
(c) Frequency of sampling; and
(d) Analyses to be performed.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 29 - SOLID WASTE MANAGEMENT › Section 28-29-20a - Laboratory certification

Current through Register Vol. 43, No. 28, July 11,
			 2024
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.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 29 - SOLID WASTE MANAGEMENT › Section 28-29-21 - Storage of solid wastes

Current through Register Vol. 43, No. 28, July 11,
			 2024
(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 number of
			 acceptable containers 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) Garbage and putrescible wastes 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.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 29 - SOLID WASTE MANAGEMENT › Section 28-29-22 - Standards for collection and transportation of solid wastes

Current through Register Vol. 43, No. 28, July 11,
			 2024
(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.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 29 - SOLID WASTE MANAGEMENT › Section 28-29-23a - Standards for solid waste transfer stations

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Applicability.
			 Each solid waste transfer station shall be subject to the requirements of this
			 regulation.
(b) Design
			 requirements.
(1) Each solid waste transfer
			 station processing, tipping, sorting, storage and compaction area shall be
			 subject to the following design requirements, unless an alternate design is
			 approved by the director.
(A) Each
			 processing, tipping, sorting, storage and compaction area shall be located in
			 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) unobstructed movement of vehicles.
(C) Each unloading and
			 loading area shall be constructed of concrete or 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 transportation or 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 transfer station.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 29 - SOLID WASTE MANAGEMENT › Section 28-29-24 - Construction and demolition landfills

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) A permit to
			 construct or operate a construction and demolition landfill shall not be
			 required for a construction and demolition landfill operated on the same tract
			 as, and in conjunction with, a permitted sanitary landfill.
(b) If a city or a county, by ordinance or
			 resolution, has established standards equivalent to, or more stringent than,
			 those of the department to control construction and demolition landfills, and
			 demonstrates that it has an enforcing agency to ensure those standards are
			 adhered to, the department will issue a permit to the person operating the site
			 upon certification by the enforcement division of the city or county to the
			 department that those standards will be followed.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 29 - SOLID WASTE MANAGEMENT › Section 28-29-25 - Standards for solid waste processing facilities

Current through Register Vol. 43, No. 28, July 11,
			 2024
(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.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 29 - SOLID WASTE MANAGEMENT › Section 28-29-25a - Small yard waste composting sites

Current through Register Vol. 43, No. 28, July 11,
			 2024
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.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 29 - SOLID WASTE MANAGEMENT › Section 28-29-25b - Yard waste composting facilities

Current through Register Vol. 43, No. 28, July 11,
			 2024
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 from entering the receiving, processing,
			 curing, or storage areas by the use of berms or other physical barriers.
(B) The facility shall not cause a
			 discharge of pollutants into waters of the state, in accordance with
			 K.S.A.
			 65-164, and amendments thereto.
(C) The composting area shall be graded to
			 prevent ponding of liquids.
(D)
			 The surface of the composting area shall be capable of supporting all equipment
			 used.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 29 - SOLID WASTE MANAGEMENT › Section 28-29-25c - Manure composting

Current through Register Vol. 43, No. 28, July 11,
			 2024
For the purposes of this regulation, subsections (a), (b), (c),
				and (d) shall apply to each facility that composts manure and has a composting
				area of one-half acre or less. Subsections (a), (b), (c), and (e) of this
				regulation shall apply to each facility that composts manure and has a
				composting area larger than one-half acre. On-site storage of manure shall not
				be considered composting.
(a)
			 Facility design. The owner or operator of each facility that composts manure
			 shall design and construct the facility to meet 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 facility shall not cause a discharge
			 of pollutants into waters of the state, in accordance with
			 K.S.A.
			 65-164, and amendments thereto.
(C) Leachate control shall be provided
			 wherever leachate is generated.
(D) The composting area shall be graded to
			 prevent ponding of liquids.
(E)
			 The surface of the composting area shall be capable of supporting all equipment
			 used.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 29 - SOLID WASTE MANAGEMENT › Section 28-29-25d - Livestock composting

Current through Register Vol. 43, No. 28, July 11,
			 2024
For the purposes of this regulation, subsections (a), (b), (c),
				and (d) shall apply to each facility that composts livestock, including
				chickens and turkeys, and has a composting area of one-half acre or less.
				Subsections (a), (b), (c), and (e) of this regulation shall apply to each
				facility that composts livestock, including chickens and turkeys, and has a
				composting area larger than one-half acre.
(a) The owner or operator of each facility
			 that composts livestock shall design and construct the facility to meet 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 facility shall not cause a discharge
			 of pollutants into waters of the state, in accordance with
			 K.S.A.
			 65-164, and amendments thereto.
(C) Leachate control shall be provided
			 wherever leachate is generated.
(D) The composting area shall be graded to
			 prevent ponding of liquids.
(E)
			 The surface of the composting area shall be capable of supporting all equipment
			 used.
(F) The facility shall be
			 constructed with either a floor or a roof that meets one of the following
			 requirements:
(i) The floor shall be composed
			 of a layer of material that is at least one foot thick and has a hydraulic
			 conductivity no greater than 10-7 cm/sec, or the facility shall be designed to
			 provide the same level of protection to the groundwater; or
(ii) the receiving, processing, and curing
			 areas shall be covered by a roof, or the facility shall be designed to provide
			 the same level of protection from the weather.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 29 - SOLID WASTE MANAGEMENT › Section 28-29-25e - Source-separated organic waste composting

Current through Register Vol. 43, No. 28, July 11,
			 2024
For the purposes of this regulation, subsections (a), (b), (c),
				and (d) shall apply to each facility that composts source-separated organic
				waste and has a composting area of one-half acre or less. Subsections (a), (b),
				(c), and (e) of this regulation shall apply to each facility that composts
				source-separated organic waste and has a composting area larger than one-half
				acre.
(a) Facility design. The owner
			 or operator of each facility that composts source-separated organic waste shall
			 design and construct the facility to meet 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 facility shall not cause a discharge
			 of pollutants into waters of the state in accordance with
			 K.S.A.
			 65-164, and amendments thereto.
(C) Leachate control shall be provided
			 wherever leachate is generated.
(D) The composting area shall be graded to
			 prevent ponding of liquids.
(E)
			 The surface of the composting area shall be capable of supporting the equipment
			 used.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 29 - SOLID WASTE MANAGEMENT › Section 28-29-25f - Solid waste composting

Current through Register Vol. 43, No. 28, July 11,
			 2024
For the purposes of this regulation, subsections (a), (b), (c),
				and (d) shall apply to each facility that composts solid waste and has a
				composting area of one-half acre or less, except facilities that compost only
				yard waste, manure, dead animals, source-separated organic waste, or any
				combination of yard waste, manure, dead animals, and source-separated organic
				waste. Subsections (a), (b), (c), and (e) of this regulation shall apply to
				each facility that composts solid waste and has a composting area larger than
				one-half acre, except facilities that compost only yard waste, manure, dead
				animals, source-separated organic waste, or any combination of yard waste,
				manure, dead animals, and source-separated organic waste.
(a) Facility design. The owner or operator of
			 each solid 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 from entering the receiving, processing,
			 curing, or storage areas by the use of berms or other physical barriers.
(B) The facility shall not cause a
			 discharge of pollutants into the waters of the state, in accordance with
			 K.S.A.
			 65-164, and amendments thereto.
(C) Leachate control shall be provided
			 wherever leachate is generated.
(D) The composting area shall be graded to
			 prevent ponding of liquids.
(E)
			 The surface of the composting area shall be capable of supporting the equipment
			 used.
(F) The floor shall be
			 composed of a layer of material that is at least one foot thick and has a
			 hydraulic conductivity no greater than 10-7 cm/sec, or the facility shall be
			 designed to provide the same level of protection to the groundwater.
(G) The receiving, processing, and curing
			 areas shall be covered by a roof, or the facility shall be designed to provide
			 the same level of protection from the weather.