reglab/statecodes huggingface dataset:
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 16 - WATER POLLUTION CONTROL › Section 28-16-93 - Approval procedures for POTW pretreatment programs and POTW revision of categorical pretreatment standards

Current through Register Vol. 43, No. 28, July 11,
			 2024
40 CFR
				§
									403.11, as in effect on July 1, 1986,
				is adopted by reference.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 16 - WATER POLLUTION CONTROL › Section 28-16-94 - Reporting requirements for POTW's and industrial users

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a)
								40 CFR §
									403.12, as in effect on July 1, 1986, is
			 adopted by reference, except that:
(1) in
			 lieu of § 403.12(b)(5)(vi) the following shall apply: "(vi) Sampling and
			 analysis shall be performed in accordance with the techniques prescribed in 40
			 CFR part 136, as in effect on July 1, 1986. Where 40 CFR part 136 does not
			 contain sampling and analytical techniques for the pollutant in question, or
			 where the secretary determines that the part 136 sampling and analytical
			 techniques are inappropriate for the pollutant in question, sampling and
			 analysis shall be performed using validated analytical methods or other
			 appropriate sampling and analytical procedures approved by the secretary.
			 Alternate sampling and analytical techniques suggested by the POTW or other
			 persons will be considered by the secretary."
(2) in lieu of § 403.12(g) the following
			 shall apply: "(g) Monitoring and analysis to demonstrate continued compliance.
			 The reports required in paragraphs (b)(5), (d), and (e) of this section shall
			 contain the results of sampling and analysis of the discharge, including the
			 flow and the nature and concentration, or production and mass where requested
			 by the control authority, of pollutants contained therein which are limited by
			 the applicable pretreatment standards. The frequency of monitoring shall be as
			 prescribed in the applicable pretreatment standard. All analyses shall be
			 performed in accordance with 40 CFR part 136, as in effect on July 1, 1986.
			 Where 40 CFR part 136 does not include sampling or analytical techniques for
			 the pollutants in question, or where the secretary determines that the part 136
			 sampling and analytical techniques are inappropriate for the pollutant in
			 question, sampling and analyses shall be performed using validated analytical
			 methods or other sampling and analytical procedures approved by the secretary.
			 Alternate sampling and analytical techniques suggested by the POTW or persons
			 will be considered by the secretary."
(3) In lieu of § 403.12(k) the following
			 shall apply: "(k) Penalties for providing false information. Any person who
			 willfully provides false information on any report required by subsections (b),
			 (d), (e), or (h), of 40 CFR
			 §
										403.12 shall be subject to the
			 penalties imposed under
			 K.S.A.
			 65-170c,
			 K.S.A.
			 65-170d and K.S.A. 1985 Supp. 21-3805, and
			 any amendments thereto."
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 16 - WATER POLLUTION CONTROL › Section 28-16-95 - Variances from categorical pretreatment standards for fundamentally different factors

Current through Register Vol. 43, No. 28, July 11,
			 2024
40 CFR
				§
									403.13, as in effect on July 1, 1986,
				is adopted by reference, except that:
(a) in lieu of § 403.13(b), the
			 following shall apply: "(b) A fundamentally different factors variance may be
			 requested under this section by any interested person believing that factors
			 relating to an industrial user are fundamentally different from the factors
			 considered during development of a categorical pretreatment standard applicable
			 to that user and that the existence of those factors justifies a different
			 discharge limit than specified in the applicable categorical pretreatment
			 standard. Such a variance request may be initiated by the secretary. A
			 fundamentally different factors variance is not available for any toxic
			 pollutant controlled in a categorical pretreatment standard; and"
(b) in lieu of § 403.13(c)(1)(ii), the
			 following shall apply: "(ii) Factors relating to the discharge controlled by
			 the categorical pretreatment standard are fundamentally different from the
			 factors considered in establishing the standards; and."
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 16 - WATER POLLUTION CONTROL › Section 28-16-96 - Confidentiality of information

Current through Register Vol. 43, No. 28, July 11,
			 2024
Any information submitted to the department of health and
				environment shall be subject to disclosure or nondisclosure as provided in the
				Kansas open records act.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 16 - WATER POLLUTION CONTROL › Section 28-16-97 - Net/Gross calculations

Current through Register Vol. 43, No. 28, July 11,
			 2024
40 CFR
				§
									403.15, as in effect on July 1, 1986,
				is adopted by reference, except that each reference to the enforcement division
				director, regional enforcement officer, water management division director or
				EPA shall be deemed to refer to the secretary. Nothing in this regulation shall
				relieve any person of the duty to obtain approval from the U.S. environmental
				protection agency.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 16 - WATER POLLUTION CONTROL › Section 28-16-98 - Upset provisions

Current through Register Vol. 43, No. 28, July 11,
			 2024
40 CFR
				§
									403.16, as in effect on July 1, 1986,
				is adopted by reference, except that each reference to the agency shall be
				deemed to refer to the Kansas department of health and environment.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 16 - WATER POLLUTION CONTROL › Section 28-16-112 - Fund use eligibility

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) The fund shall
			 be used only to finance all or any part of the following activities:
(1) loans to loan applicants for the
			 planning, design, and construction of publicly-owned wastewater treatment
			 works; and
(2) loans to loan
			 applicants with taxing authority for the implementation of nonpoint source
			 pollution control management programs developed in conformance with section 319
			 of the federal clean water act as amended on or before January 1, 1989, 33 USC
			 1251 et seq.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 16 - WATER POLLUTION CONTROL › Section 28-16-113 - Interest rate

Current through Register Vol. 43, No. 28, July
			 11, 2024
Each loan shall accrue interest for the entire life of the loan
				at a rate set by the secretary. The interest rate shall be calculated as a
				percentage, as specified in the intended use plan established pursuant to
				K.S.A.
				65-3325 and amendments thereto, of three
				months' average of the bond buyer's weekly 20-bond GO (general obligation)
				index. The loan interest rate as calculated shall include any loan servicing
				fee as set by the secretary and may vary depending on the loan repayment period
				provided for in the loan agreement.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 16 - WATER POLLUTION CONTROL › Section 28-16-114 - Repayment of loans

Current through Register Vol. 43, No. 28, July
			 11, 2024
(a) All
			 principal and interest shall be repaid in accordance with the terms and
			 conditions of the executed loan agreement. Principal and interest payments
			 shall begin no later than one year following the completion of the project.
			 Repayment of the loan shall not exceed a 30-year repayment period as agreed
			 upon in the loan agreement. For the purposes of this regulation, project
			 completion shall mean the initiation of operation or capability to initiate
			 operation.
(b) Prepayment of
			 principal in whole or part may be made in accordance with the terms and
			 conditions of the executed loan agreement.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 16 - WATER POLLUTION CONTROL › Section 28-16-115 - Dedicated loan repayment source

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Each loan
			 recipient shall adopt one or more dedicated sources of revenue for repayment of
			 the loan including principal and interest. The dedicated sources of revenue may
			 be in the form of user charges, ad valorem taxes, special tax assessments,
			 another permanent source of revenue or some combination of these sources. Each
			 dedicated source of revenue shall be legally available to the loan recipient
			 over the life of the loan repayment obligation and pledged to the repayment of
			 the loan. Each dedicated source of revenue shall be approved by the secretary.
(b) Each loan recipient shall
			 conduct a revenue source review every fifth year following the date of the loan
			 agreement during the entire life of the loan repayment obligation and shall
			 implement the new revenue rates as approved by the secretary.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 16 - WATER POLLUTION CONTROL › Section 28-16-116 - Failure to repay loan on schedule

Current through Register Vol. 43, No. 28, July 11,
			 2024
Upon failure of a loan recipient to pay one or more
				installments of the loan repayment on schedule, the governing body of the loan
				recipient shall be consulted by the secretary, and thereafter the governing
				body shall adopt charges, as set by the secretary, to be levied against users
				of the project. These charges shall remain in effect until the full amount of
				the loan, including principal and interest, has been repaid. The governing body
				of each loan recipient shall collect any charges established by the secretary
				or required by the secretary and shall expeditiously forward the collected
				moneys to the secretary.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 16 - WATER POLLUTION CONTROL › Section 28-16-117 - Double benefits

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Projects
			 receiving construction grants under the federal clean water act shall not be
			 eligible to receive loans under the Kansas water pollution control revolving
			 fund act for the nonfederal shares of the projects costs.
(b) Loans shall be made only for the
			 publicly-owned portion of sewerage projects.
(c) If a project receives a loan for
			 planning, preparation of design and construction documents or both, and
			 subsequently receives a federal grant allowance for the same purposes, the loan
			 recipient shall repay the loan to the extent of the allowance received by not
			 later than 30 days from the receipt of the allowance.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 16 - WATER POLLUTION CONTROL › Section 28-16-118 - Project eligibility

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) In order to
			 receive a loan, each sewerage facility equivalency project shall comply or be
			 consistent with:
(1) The best practicable
			 waste treatment technology requirements defined in K.A.R. 28-16-110(a);
(2) The facilities planning
			 process defined in K.A.R. 28-16-110(e);
(3) The type of projects described in K.A.R.
			 28-16-119;
(4) The alternative
			 ultimate waste disposal procedure described in K.A.R. 28-16-120;
(5) The infiltration and inflow requirements
			 described in K.A.R. 28-16-121;
(6)
			 The alternative and innovative treatment provisions described in K.A.R.
			 28-16-122;
(7) The open space
			 recreation requirement described in K.A.R. 28-16-123;
(8) The capital improvement plan described in
			 K.A.R. 28-16-124; and
(9) The
			 water quality management plan described in K.A.R. 28-16-125.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 16 - WATER POLLUTION CONTROL › Section 28-16-119 - Eligible project types

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) An equivalency
			 loan may be granted for:
(1) Projects
			 providing secondary treatment, any part of secondary treatment or any
			 cost-effective alternative to secondary treatment;
(2) Projects providing a treatment process or
			 any part of a treatment process which is more stringent than secondary
			 treatment or cost-effective alternatives;
(3) Other wastewater treatment works;
(4) New interceptors and their
			 appurtenances;
(5) Excessive
			 infiltration or inflow correction projects; or
(6) Other sewerage facility projects, and
			 nonpoint source pollution control management plan implementation projects, and
			 groundwater quality protection projects. These types of projects shall not
			 exceed 20% of equivalency funds, and require the specific designation of the
			 governor.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 16 - WATER POLLUTION CONTROL › Section 28-16-120 - Alternative ultimate disposal

Current through Register Vol. 43, No. 28, July 11,
			 2024
Each loan applicant for a sewerage facility project shall
				evaluate alternative methods and technologies for the reuse or ultimate
				disposal of treated wastewater and residue material resulting from the waste
				treatment process.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 16 - WATER POLLUTION CONTROL › Section 28-16-121 - Infiltration and inflow

Current through Register Vol. 43, No. 28, July 11,
			 2024
Each loan applicant for a sewerage facility project shall
				demonstrate that:
(a) the existing
			 sewage collection systems related to the proposed project are not subject to
			 excessive infiltration or inflow; or
(b) the loan applicant has been implementing
			 an effective ongoing infiltration and inflow reduction program for those sewage
			 collection systems.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 16 - WATER POLLUTION CONTROL › Section 28-16-122 - Alternative and innovative treatment

Current through Register Vol. 43, No. 28, July 11,
			 2024
Each loan applicant for a wastewater treatment project shall
				demonstrate the consideration of cost effective alternative and innovative
				wastewater treatment processes and techniques during the planning, selection
				and design of the project.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 16 - WATER POLLUTION CONTROL › Section 28-16-124 - Capital improvement plan

Current through Register Vol. 43, No. 28, July 11,
			 2024
Each loan applicant for a sewerage facility project shall
				submit to the secretary, with the loan application, a capital improvement
				financing plan for the applicant's projected sewerage facility needs. The plans
				shall cover not less than a five-year period and shall be approved by the
				governing body of the entity. The capital improvement financing plan shall be
				reviewed and kept current by the governing body during the entire life of the
				loan repayment obligation.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 16 - WATER POLLUTION CONTROL › Section 28-16-125 - Water quality management plan

Current through Register Vol. 43, No. 28, July 11,
			 2024
Each sewerage facility project eligible for a loan shall be
				consistent with the applicable water quality management plan, the county-wide
				wastewater management plan or both, and the loan applicant shall be a
				designated wastewater management agency within the management plan.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 16 - WATER POLLUTION CONTROL › Section 28-16-126 - Nonpoint source pollution control management plan

Current through Register Vol. 43, No. 28, July 11,
			 2024
Each nonpoint pollution control or groundwater quality
				protection project shall be consistent with applicable nonpoint pollution
				source control management planning approved by the secretary.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 16 - WATER POLLUTION CONTROL › Section 28-16-127 - Sewer use ordinance

Current through Register Vol. 43, No. 28, July 11,
			 2024
Each loan applicant for a sewerage facility project shall
				develop, and subsequent to the secretary's approval, adopt a sewer use
				ordinance or other legally binding document to protect the integrity of the
				entire wastewater works system by:
(a) requiring the exclusion of excessive
			 infiltration and inflows from the treatment works;
(b) prohibiting toxic concentrations of toxic
			 materials in wastewater introduced into the treatment works; and
(c) prohibiting other pollutants in amounts
			 or concentrations that:
(1) endanger public
			 safety or the physical integrity of the treatment works; or
(2) cause violation of effluent or water
			 quality limitations or cause residue or sludge processing or disposal problems.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 16 - WATER POLLUTION CONTROL › Section 28-16-128 - User charge system

Current through Register Vol. 43, No. 28, July 11,
			 2024
Each loan applicant for a sewerage facility project shall
				develop, and subsequent to the secretary's review and approval, adopt a user
				charge system which shall produce adequate revenues for operation and
				maintenance of the entire wastewater works, including minor replacement. The
				user charge system shall be based on either actual use of the wastewater works,
				ad valorem taxes or a combination of the two. An ad valorem tax may only be
				used if that form of dedicated user charge had been in place prior to the
				initiation of the proposed project.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 16 - WATER POLLUTION CONTROL › Section 28-16-129 - Value engineering

Current through Register Vol. 43, No. 28, July 11,
			 2024
Each loan recipient for a sewerage project shall conduct value
				engineering during the design phase of the project if the total estimated
				project cost exceeds $10 million. The value engineering recommendations shall
				be implemented to the maximum extent possible as approved by the secretary.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 16 - WATER POLLUTION CONTROL › Section 28-16-130 - Project certification

Current through Register Vol. 43, No. 28, July 11,
			 2024
Each loan recipient shall certify to the secretary whether the
				project meets the project's performance standards on the date one year after
				the initiation of operations of the project. The loan recipient shall be
				responsible for assuring timely correction and compliance, including
				recertification in case the initial certification was a negative declaration.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 16 - WATER POLLUTION CONTROL › Section 28-16-132 - Fair labor standards

Current through Register Vol. 43, No. 28, July 11,
			 2024
Bidding documents for each wastewater treatment works
				equivalency project shall include the prevailing wage rates established for the
				locality by the U.S. department of labor under the federal Davis-Bacon act.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 16 - WATER POLLUTION CONTROL › Section 28-16-133 - Small minority and women's business enterprises

Current through Register Vol. 43, No. 28, July 11,
			 2024
Each loan recipient for a wastewater treatment works
				equivalency project shall assure that affirmative steps were taken to utilize
				small, minority and women's businesses as sources of supplies, construction and
				services. Affirmative steps shall be documented and submitted to the
				department. Project-specific goals may be set by the secretary.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 16 - WATER POLLUTION CONTROL › Section 28-16-134 - Projects documents

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Each loan
			 applicant for a sewerage facility projects shall submit, for the secretary's
			 review and approval, the following documents:
(1) A completed loan application on
			 application forms furnished by the department;
(2) A facilities plan that establishes the
			 need for the project;
(3) Complete
			 design plans, specifications, and construction bidding documents, including
			 detailed cost estimates necessary for competitive bidding, and projected
			 construction and payment schedules;
(4) A plan of operation, including an overall
			 project completion schedule, annual operating cost projections for a minimum of
			 five years, a description of the financial management system, and projected
			 revenues to operate and maintain the entire facility. Revenue projections shall
			 also include the loan repayment obligations; and
(5) A facility operations manual, which shall
			 be submitted before 90% of the project is completed.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 16 - WATER POLLUTION CONTROL › Section 28-16-135 - Financial capability

Current through Register Vol. 43, No. 28, July 11,
			 2024
As part of the loan application, each loan applicant shall
				demonstrate and certify to the secretary that the applicant has the financial
				capability to repay the loan and to cover the costs of operation and
				maintenance of the entire system of which the proposed project is an integral
				part. The financial assessment shall cover the life of the loan obligations and
				consider, as a minimum, changes in economic and population growth, existing in
				debt obligations, revenues, project costs, and effects on user charge rates.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 16 - WATER POLLUTION CONTROL › Section 28-16-136 - Public participation

Current through Register Vol. 43, No. 28, July 11,
			 2024
Each loan recipient shall conduct a minimum of one public
				meeting and one public hearing prior to execution of the loan agreement.
(a) A public meeting shall be
			 conducted during the preparation of the facilities plan, nonpoint source
			 pollution control management plan or groundwater quality protection plan to
			 discuss project alternatives. Public notice shall be given not less than 15
			 days before the public meeting.
(b) Prior to the adoption by the governing
			 body and submission to the secretary for approval of the facilities plan,
			 nonpoint source pollution control management plan or groundwater quality
			 protection plan, a public hearing shall be conducted. Public notice shall be
			 given not less than 30 days before the public hearing.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 16 - WATER POLLUTION CONTROL › Section 28-16-137 - Environmental review

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) The Kansas
			 environmental review procedure for the Kansas water pollution control revolving
			 loan program, dated February, 1989 is adopted by reference as the required
			 environmental procedure for an equivalency project.
(b) For an equivalency project,
			 40 CFR,
			 6.508(a),
			 6.511(b) and
			 6.512 as in effect on July 1,
			 1988, are adopted by reference.
(c) Those members of the public who
			 participate in the environmental review process shall have the right to appeal
			 the decisions made within that process. All such appeals shall be conducted
			 pursuant to the Kansas administrative procedures act and the act for judicial
			 review set forth in K.S.A. 1988 Supp.
			 77-501 et seq. and
			 K.S.A.
			 77-601 et seq., respectively.
(d) When used in any provision adopted from
			 40 CFR Part 6, references to "EPA" shall be replaced with the Kansas department
			 of health and environment; "grant" shall be replaced with loan agreement;
			 "grantee" shall be replaced with applicant.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 16 - WATER POLLUTION CONTROL › Section 28-16-138 - Project accounts

Current through Register Vol. 43, No. 28, July 11,
			 2024
Each loan recipient shall maintain project accounts in
				accordance with or similar to generally accepted government accounting
				standards defined in the 1988 edition of the Government Accounting, Auditing,
				and Financial Reporting manual issued by the Government Finance Officers
				Association.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 16 - WATER POLLUTION CONTROL › Section 28-16-150 - Scope

Current through Register Vol. 43, No. 28, July 11,
			 2024
The provisions of
				K.A.R.
				28-16-150 through
				28-16-154, inclusive and any
				amendments to those regulations, shall apply to the issuance of each general
				permit for water pollution control.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 16 - WATER POLLUTION CONTROL › Section 28-16-152 - Coverage

Current through Register Vol. 43, No. 28, July 11,
			 2024
40 CFR
				122.28(a) as in effect July
				1, 1991, as amended at 57 FR 11412, April 2, 1992 is adopted by reference.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 16 - WATER POLLUTION CONTROL › Section 28-16-153 - Administration

Current through Register Vol. 43, No. 28, July 11,
			 2024
40 CFR
				122.28(b)(1), (2), and (3)(i), (iii), (iv), and
				(v), as in effect on July 1, 1991, as amended
				at 57 FR 11412, April 2, 1992 are adopted by reference, with the following
				modifications or exceptions.
(a) The
			 provisions of 40 CFR
			 122.28(b)(1) shall be
			 modified as follows:
"(1) In general. General
			 permits may be issued, modified, revoked and reissued, or terminated in
			 accordance with K.A.R. 28-16-59 through 28-16-62 inclusive, and K.A.R.
			 28-16-154."
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 16 - WATER POLLUTION CONTROL › Section 28-16-154 - Incorporation

Current through Register Vol. 43, No. 28, July 11,
			 2024
40 CFR
				124.10(d)(1)(i) through (v) and
				(vii) as in effect on July 1, 1991, are
				adopted by reference except that the provisions of
				40 CFR
				124.10(d)(1)(v) shall be
				modified as follows: "(v) A brief description of the comment procedures
				required by
				K.A.R.
				28-16-61(c) and (d) and the
				time and place of any hearing that will be held, including a statement of
				procedures to request a hearing, unless a hearing has already been scheduled,
				and other procedures by which the public may participate in the final permit
				decision."
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 16 - WATER POLLUTION CONTROL › Section 28-16-160 - Definitions

Current through Register Vol. 43, No. 28, July 11,
			 2024
The following terms and abbreviations shall be applicable to
				K.A.R.
				28-16-160 through
				K.A.R.
				28-16-174 and shall have the meanings
				specified in this regulation. Terms and abbreviations not defined in this
				regulation shall have the meanings specified in
				K.S.A.
				65-101 et seq. and amendments thereto;
				articles 5, 13, 16, and 30; or the clean water act (CWA). For
				K.A.R.
				28-16-160 through
				28-16-174, the definitions
				prescribed in this regulation shall control over any different definitions in
				any of the following: articles 5, 13, 16, and 30; federal regulations adopted
				by reference in articles 5, 13, 16, and 30; or the clean water act (CWA).
(a) "Change in operation" and
			 "modification" mean any of the following:
(1)
			 Any expansion or enlargement of a wastewater treatment system beyond the scope
			 or boundaries established by a permit or KDHE-approved plans and
			 specifications;
(2) any change or
			 increase in production or wastewater-generating activities resulting in a
			 change in the quantity or quality of the sewage or wastewater being generated;
			 or
(3) any modification to the
			 wastewater treatment system or an increase in the wastewater treatment system
			 capacity beyond that addressed by the permit application, authorized by a
			 permit, or authorized by KDHE-approved plans and specifications. As used in
			 these regulations, a "modification" to a wastewater treatment system shall
			 exclude routine cleaning, normal maintenance, and routine minor bank erosion
			 repairs.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 16 - WATER POLLUTION CONTROL › Section 28-16-161 - Municipal and commercial lagoons: general provisions

Current through Register Vol. 43, No. 28, July 11,
			 2024
The following general provisions shall apply to municipal and
				commercial wastewater treatment system lagoons.
(a) New or modified municipal or commercial
			 wastewater treatment system lagoons shall be prohibited if the groundwater
			 separation distance between the lagoon bottom and the groundwater table is 10
			 feet or less.
(b) For each new or
			 modified lagoon, the permittee may employ a constructed soil liner if the
			 maximum soil liner seepage rate is less than 1/4 inch per day and the lagoon is
			 not constructed over sensitive groundwater areas, including the Equus Beds.
(c) For each new or modified
			 lagoon constructed over sensitive groundwater areas, excluding the Equus Beds,
			 the permittee may employ a constructed soil liner if the maximum soil liner
			 seepage rate is less than 1/10 inch per day.
(d) For each new or modified lagoon
			 constructed over the Equus Beds, the permittee shall, at a minimum, employ a
			 single impermeable synthetic membrane liner and provide for the installation
			 and sampling of groundwater monitoring wells as specified in K.A.R. 28-16-171.
			 Constructed soil liners may be employed if all of the following conditions are
			 met:
(1) The groundwater separation distance
			 between the lagoon bottom and the groundwater table is greater than 10 feet.
(2) The hydrogeologic information
			 developed for the site indicates that in situ soils exist in sufficient
			 quantity to provide an effective pollution barrier to protect groundwater.
(3) A constructed soil liner will
			 provide a maximum soil liner seepage rate of less than 1/10 inch per day.
(4) The design provides for the
			 installation and sampling of groundwater monitoring wells as specified in
			 K.A.R. 28-16-171.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 16 - WATER POLLUTION CONTROL › Section 28-16-162 - Industrial lagoons: general provisions

Current through Register Vol. 43, No. 28, July 11,
			 2024
The following general provisions shall apply to industrial
				wastewater treatment system lagoons.
(a) New or modified industrial wastewater
			 treatment system lagoons shall be prohibited if the groundwater separation
			 distance between the lagoon bottom and the groundwater table is 10 feet or
			 less.
(b) For each new or modified
			 lagoon utilized solely for the containment or treatment of domestic sewage, the
			 permittee may employ a constructed soil liner if the maximum soil liner seepage
			 rate is less than 1/4 inch per day and the lagoon is not constructed over
			 sensitive groundwater areas, including the Equus Beds.
(c) For each new or modified lagoon
			 constructed over sensitive groundwater areas, excluding the Equus Beds, and
			 utilized solely for the containment or treatment of domestic sewage, the
			 permittee may employ a constructed soil liner if the maximum soil liner seepage
			 rate is less than 1/10 inch per day.
(d) For each new or modified lagoon
			 constructed over the Equus Beds and utilized solely for the containment or
			 treatment of domestic sewage, the permittee shall, at a minimum, employ a
			 single impermeable synthetic membrane liner and provide for the installation
			 and sampling of groundwater monitoring wells as specified in K.A.R. 28-16-171.
			 Constructed soil liners may be employed if all of the following conditions are
			 met:
(1) The groundwater separation distance
			 between the lagoon bottom and the groundwater table is greater than 10 feet.
(2) The hydrogeologic information
			 developed for the site indicates that in situ soils exist in sufficient
			 quantity to provide an effective pollution barrier to protect groundwater.
(3) A constructed soil liner will
			 provide a maximum soil liner seepage rate of less than 1/10 inch per day.
(4) The design provides for the
			 installation and sampling of groundwater monitoring wells as specified in
			 K.A.R. 28-16-171.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 16 - WATER POLLUTION CONTROL › Section 28-16-163 - Required hydrogeologic information for new or modified municipal, commercial, or industrial wastewater lagoons

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Each
			 hydrogeologic investigation that is conducted by or on behalf of the permittee
			 for new or modified wastewater lagoons shall consist of borings or excavations
			 to a depth of at least 10 feet below the bottom of the wastewater lagoon or to
			 impenetrable bedrock if impenetrable bedrock is encountered less than 10 feet
			 below the lagoon bottom. The bottom of the lagoon shall be determined by the
			 lowest interior surface elevation, at finished grade, of the lagoon structure.
(b) The permittee shall ensure
			 that a minimum of one boring or excavation is performed for each acre of
			 wastewater lagoon, with the area being calculated based on the interior dike
			 dimensions measured at the top of the dike. If the wastewater lagoon is less
			 than one acre in size, a minimum of one boring or excavation shall be required.
(c) The minimum requirements for a
			 hydrogeologic site investigation shall consist of the following:
(1) The logging of all borings or excavations
			 identifying the soil types encountered;
(2) recording the ground surface elevation
			 and location of each boring or excavation. The elevation may be based upon the
			 project datum;
(3) measuring and
			 recording static groundwater levels after the groundwater level has stabilized
			 following the boring or excavation. If no water is readily evident at the time
			 of the boring or excavation, the boring or excavation shall be left open for a
			 minimum of 24 hours. If, after 24 hours, no water is observed, a determination
			 of "no groundwater" shall be reported. Water wells in the immediate vicinity of
			 the proposed wastewater lagoon may be used to help document the presence or
			 absence of groundwater and establish the groundwater elevation, in addition to
			 the borings or excavations, for the hydrogeologic investigation if the
			 secretary or designee agrees to accept the data as being representative of the
			 proposed site;
(4) the collection
			 of sufficient representative soil samples, if in situ soil materials will be
			 employed in the construction of the compacted soil liner or the lagoon
			 structure, for analysis in determining soil classification, compaction, and
			 permeability for use in designing the lagoon soil liner or embankments, as
			 appropriate; and
(5) a summary, to
			 be submitted with or as a part of the engineering report, evaluating the
			 hydrogeologic information obtained and an analysis of that information
			 regarding the expected impact that the observed hydrogeologic conditions will
			 have on the construction of lagoon embankments and, as appropriate, the
			 expected performance of a constructed soil liner in regard to complying with
			 the maximum soil liner seepage rate requirement.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 16 - WATER POLLUTION CONTROL › Section 28-16-164 - Municipal, commercial, and industrial wastewater treatment system lagoons: soil liner design

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Each permit
			 applicant shall submit with the construction plans and specifications
			 hydrogeologic information, soil testing data, and design calculations
			 documenting that the proposed use of in situ soils or a constructed soil liner
			 is capable of meeting the required maximum soil liner seepage rate.
(b) Whether in situ soils or a constructed
			 soil liner is utilized for the wastewater lagoon, a minimum of one foot of
			 natural soil or one foot of constructed liner shall be provided.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 16 - WATER POLLUTION CONTROL › Section 28-16-165 - Municipal, commercial, and industrial soil liners: postconstruction testing

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Each permit
			 applicant or permittee proposing a new municipal, commercial, or industrial
			 wastewater treatment lagoon that will employ a soil liner system shall, when
			 submitting construction plans and specifications to KDHE for review and
			 consideration for approval, also submit information addressing each method to
			 be employed for postconstruction testing of the soil liner for compliance with
			 the required maximum soil liner seepage rate. Each proposed test method shall
			 provide an appropriate degree of monitoring sensitivity and accuracy in
			 addressing the following test variables:
(1)
			 The maximum soil liner seepage rate;
(2) the surface area of the lagoon being
			 tested;
(3) the proposed duration
			 of the test;
(4) the time of year
			 and general weather conditions expected during the test period;
(5) the proposed monitoring equipment;
(6) the expected magnitude of
			 evaporation during the test period;
(7) the degree that wind and wave action will
			 impact measurement accuracy; and
(8) the frequency of data collection during
			 the test period.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 16 - WATER POLLUTION CONTROL › Section 28-16-166 - Requirements for impermeable synthetic membrane liners in municipal or commercial wastewater treatment system lagoons

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) The following
			 requirements shall apply to municipal or commercial impermeable synthetic
			 membrane liners:
(1) The liner shall be at
			 least 30 mils (0.030 inch) in thickness.
(2) The engineer designing the wastewater
			 lagoon shall obtain a certification from the liner manufacturer that includes
			 the following:
(A) Confirmation that the
			 specified liner is compatible for use with the proposed wastewater to be
			 retained or treated;
(B)
			 confirmation that the specified liner is resistant to UV (ultraviolet) light;
			 and
(C) the manufacturer's
			 estimated leakage, permeability, or transmissivity rate of the specified liner
			 expressed in units of volume per area per time (gallons per square feet per
			 day) for a properly installed liner. The leakage, permeability, or
			 transmissivity rate shall reflect the expected rate of movement of fluids
			 through a synthetic membrane liner when considering the properties of the liner
			 material, liner thickness, normally expected manufacturing defects in the liner
			 material, and normally expected defects associated with the seaming and
			 installation process.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 16 - WATER POLLUTION CONTROL › Section 28-16-167 - Requirements for impermeable synthetic membrane liners in industrial wastewater treatment system lagoons

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) The following
			 requirements shall apply to industrial impermeable synthetic membrane liners:
(1) The impermeable synthetic membrane liner
			 system shall be comprised of primary and secondary impermeable synthetic
			 membrane liners with an intermediate leak detection system provided.
(2) Each primary and secondary liner shall be
			 at least 30 mils (0.030 inch) in thickness.
(3) The licensed professional engineer
			 designing the wastewater lagoon shall obtain a certification from the liner
			 manufacturer that includes the following:
(A)
			 Confirmation that the specified liner is compatible for use with the proposed
			 wastewater to be retained or treated;
(B) confirmation that the specified liner is
			 resistant to UV (ultraviolet) light; and
(C) the manufacturer's estimated leakage,
			 permeability, or transmissivity rate of the specified liners expressed in units
			 of volume per area per time (gallons per square feet per day) for a properly
			 installed liner. The leakage, permeability, or transmissivity rate shall
			 reflect the expected rate of movement of fluids through a synthetic membrane
			 liner when considering the properties of the liner material, liner thickness,
			 normally expected manufacturing defects in the liner material, and normally
			 expected defects associated with the seaming and installation process.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 16 - WATER POLLUTION CONTROL › Section 28-16-168 - Postconstruction testing of municipal, commercial, and industrial impermeable synthetic membrane liners

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Each permit
			 applicant or permittee proposing a new municipal, commercial, or industrial
			 wastewater treatment lagoon that will employ an impermeable synthetic membrane
			 liner shall, when submitting construction plans and specifications to the
			 secretary for review and consideration for approval, also submit information
			 addressing each method to be employed for postconstruction testing of the
			 impermeable synthetic membrane liner to ensure that it is installed properly
			 and for compliance with the required maximum synthetic membrane liner leakage
			 rate. Each proposed test method shall provide an appropriate degree of
			 monitoring sensitivity and accuracy in addressing the following test variables:
(1) The maximum synthetic membrane liner
			 leakage rate;
(2) the surface area
			 of the lagoon being tested;
(3)
			 the proposed duration of the test;
(4) the time of year and general weather
			 conditions expected during the test period;
(5) the proposed monitoring equipment;
(6) the expected magnitude of
			 evaporation during the test period;
(7) the degree that wind and wave action will
			 impact measurement accuracy; and
(8) the frequency of data collection during
			 the test period.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 16 - WATER POLLUTION CONTROL › Section 28-16-169 - Minimum standards of design, construction, and maintenance

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) The permit
			 applicant or permittee shall design and construct municipal, commercial, and
			 industrial wastewater treatment system lagoons to conform to effluent
			 standards, effluent limitations, pretreatment requirements, other performance
			 standards, and standards of design, construction, and maintenance for
			 wastewater control facilities published by the department as "minimum standards
			 of design for water pollution control facilities" and adopted by reference in
			 K.A.R. 28-16-58, or the provisions of K.A.R. 28-16-160 through 28-16-174.
(b) If there is a discrepancy
			 between K.A.R. 28-16-160 through 28-16-174 and the "minimum standards of
			 design, construction, and maintenance" as defined in K.A.R. 28-16-160, K.A.R.
			 28-16-160 through 28-16-174 shall control.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 16 - WATER POLLUTION CONTROL › Section 28-16-170 - Water, oil, or gas wells

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Each permit
			 applicant or permittee submitting construction plans for a municipal,
			 commercial, or industrial wastewater treatment system lagoon shall identify, on
			 the construction plans, the location of any active, abandoned, or plugged
			 water, oil, or gas well within 600 feet of any proposed location for a
			 wastewater lagoon.
(b) If the
			 permit applicant or permittee is unable to confirm the exact location of any
			 well or wells, the permit applicant or permittee shall include in the
			 construction plans a note indicating the potential for the well or wells to be
			 encountered in the vicinity of the proposed wastewater lagoon.
(c) Each active, abandoned, or plugged water,
			 oil, or gas well that is encountered during construction and that was not
			 identified or located on the construction plans shall be reported to the
			 department within 48 hours of discovery. Construction activities that have the
			 potential to impact the well shall be immediately terminated until the
			 secretary or designee authorizes the construction to resume.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 16 - WATER POLLUTION CONTROL › Section 28-16-171 - Monitoring wells

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) The
			 installation and sampling of groundwater monitoring wells in the vicinity of
			 any municipal, commercial, or industrial wastewater treatment system lagoon may
			 be required by the secretary. Equivalent technology, in lieu of requiring the
			 installation and sampling of groundwater monitoring wells, may be required or
			 authorized by the secretary.
(b)
			 The location, design, and proposed construction of monitoring wells or the use
			 of equivalent technology in lieu of monitoring wells shall be subject to
			 approval by the secretary. Approval of the location, design, and proposed
			 construction of monitoring well or wells or the use of equivalent technology
			 shall be approved by the secretary before the permit applicant or permittee
			 initiates installation.
(c)
			 Groundwater monitoring wells shall be constructed by KDHE-licensed water well
			 contractors.
(d) When directed by
			 KDHE to install any groundwater monitoring well or wells, the applicant or
			 permittee shall submit a groundwater monitoring plan for review and approval by
			 the secretary. Each plan shall address the following:
(1) The location of each proposed monitoring
			 well;
(2) the monitoring well
			 design and materials proposed for construction;
(3) a quality assurance plan addressing
			 techniques for monitoring the static groundwater elevation, collecting samples,
			 preserving samples, and laboratory analysis by a KDHE-certified laboratory for
			 the parameters being analyzed.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 16 - WATER POLLUTION CONTROL › Section 28-16-172 - Plan and specification approval; permit issuance

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Neither the
			 approval of an engineering report, hydrogeologic report, construction plans, or
			 construction specifications nor the issuance of a permit by the secretary shall
			 prohibit the secretary from taking any enforcement action if the municipal,
			 commercial, or industrial wastewater lagoon fails to protect waters of the
			 state, meet any specified effluent criteria, or comply with state surface water
			 quality standards. In addition, an approval or permit issuance shall not
			 constitute a defense by the permit applicant or permittee regarding the
			 violation of any statute, regulation, permit condition, or requirement.
(b) The permit applicant or
			 permittee shall not deviate from the plans and specifications submitted to and
			 approved by the secretary, unless amended plans and specifications showing the
			 proposed changes are submitted to and approved by the secretary.