reglab/statecodes huggingface dataset:
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 29 - SOLID WASTE MANAGEMENT › Section 28-29-27 - Medical services waste

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) "Medical
			 services waste" means those solid waste materials that are potentially capable
			 of causing disease or injury and are generated in connection with human or
			 animal care through inpatient and outpatient services. Medical services waste
			 shall not include any solid waste that has been classified by the secretary as
			 a hazardous waste under K.S.A. 1996 Supp.
			 65-3431 and any amendments
			 thereto, or that is radioactive treatment material licensed under
			 K.S.A.
			 48-1607 and regulations adopted under that
			 statute.
(b) Segregation. All
			 medical services waste shall be segregated from other solid wastes at the point
			 of origin.
(c) Storage. All
			 medical services waste shall be stored in a manner and in a container that will
			 prevent the transmission of disease or the causing of injury. Hypodermic
			 needles and syringes, scalpel blades, suture needles, or other sharp objects
			 shall be stored only in a rigid, puncture-resistant container that has been
			 closed to prevent the escape of any material, including liquids or aerosols.
			 All reusable containers used to store infectious waste shall be cleaned and
			 disinfected before each use.
(d)
			 Collection. Medical services wastes shall be collected at least daily from the
			 point of origin for transport to a storage or disposal area or a processing
			 facility. Personnel shall take precautions to prevent accidental contact with
			 the waste during transfer.
(e)
			 Transportation. All medical services wastes transported off-site shall be
			 transported in a manner that will prevent the spread of disease or the causing
			 of injury to persons.
(1) The waste
			 transporter or disposal firm shall be notified of the types of waste.
(2) Containers of medical services
			 waste transported off-site shall be labeled or color coded in accordance with
			 29 CFR
			 1910.1030(g)(1)(i), as in
			 effect on July 1, 1996.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 29 - SOLID WASTE MANAGEMENT › Section 28-29-28 - Definitions

Current through Register Vol. 43, No. 28, July 11,
			 2024
For the purposes of these regulations, the following terms
				shall be defined as follows.
(a)
			 "Contaminated waste tire" shall have the meaning specified in
			 K.S.A.
			 65-3424 and amendments thereto. A waste tire
			 shall be deemed "substantially unsuitable for processing" if the volume of
			 material with which the tire is coated or filled is estimated to be equal to or
			 greater than 50% of the combined volume of the waste tire and contaminant. The
			 determination that a waste tire is a contaminated waste tire shall be based on
			 an inspection by the secretary or the secretary's designee.
(b) "Financial assurance" means a bond or
			 other instrument that meets the requirements of K.A.R. 28-29-2101 through
			 K.A.R. 28-29-2113.
(c) "Passenger
			 tire equivalent" means 20 pounds of tires or processed waste tires.
(d) "Retreader" means a person engaged in the
			 business of recapping tire casings to produce recapped tires for sale to the
			 public.
(e) "Rick" means to stack
			 tires securely by overlapping so that the center of a tire is offset from the
			 center of the tire below it.
(f)
			 "Waste tire monofill" means a permitted solid waste landfill or landfill cell
			 in which only processed waste tires are placed.
(g) "Waste tire transporter" means a person
			 who transports waste tires from a location in Kansas or to a location in
			 Kansas. "Waste tire transporter" shall not mean a person transporting waste
			 tires through Kansas, if both the origin and the destination of the waste tires
			 are outside of Kansas.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 29 - SOLID WASTE MANAGEMENT › Section 28-29-28a - Establishing value of used tires

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Used tires at a
			 waste tire collection center shall be considered to have value if the owner of
			 the used tires demonstrates to the department, through sales and inventory
			 records, that the used tires are being sold at a rate equal to or greater than
			 75% of the daily used tire inventory per year.
(b) Each owner of used tires at a waste tire
			 collection center shall choose one of the following methods to determine the
			 daily used tire inventory.
(1) The owner of
			 the used tires shall count the used tires on the day of inspection by the
			 department and shall use that number as the daily used tire inventory for the
			 purpose of establishing the value of the used tires.
(2) The owner of the used tires shall
			 inventory all the used tires at the waste tire collection center at least once
			 every month and shall use the average (mean) of these monthly inventories to
			 calculate the daily used tire inventory for the purpose of establishing the
			 value of the used tires. The owner of the used tires shall maintain a record of
			 each monthly inventory for at least 12 months after the monthly inventory and
			 shall provide the department with the monthly inventory records on request.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 29 - SOLID WASTE MANAGEMENT › Section 28-29-29 - Waste tire processing and disposal standards

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Any person may
			 dispose of waste tires by landfilling, if the waste tires meet the criteria
			 specified for the landfill disposal of waste tires in
			 K.S.A.
			 65-3424a, and amendments thereto.
(b) The processing of waste tires for
			 landfill disposal, as required by
			 K.S.A.
			 65-3424a and amendments thereto, shall be
			 accomplished by any of the following means:
(1) Shredding;
(2) cutting in half along the circumference;
(3) cutting into at least four
			 parts, with no part being greater than 13 of the original tire size;
(4) chipping;
(5) crumbing;
(6) baling in a manner that reduces the
			 volume of the waste tires by at least 50%; or
(7) using an equivalent volume-reduction
			 process that has received prior approval, in writing, from the secretary.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 29 - SOLID WASTE MANAGEMENT › Section 28-29-29a - Beneficial use of waste tires

Current through Register Vol. 43, No. 28, July 11,
			 2024
"Beneficial use" shall have the meaning specified in
				K.S.A.
				65-3424, and amendments thereto.
(a) Approved beneficial use.
(1) Any person may use or store waste tires
			 for a beneficial use if all of the following requirements are met:
(A) The use or storage is listed in the
			 definition of "beneficial use" in
			 K.S.A.
			 65-3424, and amendments thereto.
(B) The use or storage is conducted in
			 accordance with subsections (b) and (c).
(C) The use or storage has no adverse impact
			 on public health and safety and the environment.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 29 - SOLID WASTE MANAGEMENT › Section 28-29-29b - Pest control requirements for the storage of new tires, used tires, waste tires, and processed waste tires

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Pest control
			 requirements. The owner or operator of each site that contains an accumulation
			 of new tires, used tires, waste tires, or processed waste tires, or any
			 combination of these, shall operate and maintain the accumulation in a manner
			 that controls mosquito breeding and other disease vectors. The determination
			 that mosquitoes are breeding shall be based on the presence of mosquito larvae
			 in the tires or processed waste tires.
(b) Pesticide application. Each person that
			 applies pesticides shall comply with the Kansas pesticide act,
			 K.S.A.
			 2-2438a et seq. and amendments thereto.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 29 - SOLID WASTE MANAGEMENT › Section 28-29-30 - Waste tire processing facility, waste tire collection center, and mobile waste tire processor permits

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Submission of
			 application. Each person required to obtain a waste tire processing facility
			 permit, a waste tire collection center permit, or a mobile waste tire processor
			 permit, as specified in
			 K.S.A.
			 65-3424b and amendments thereto, shall submit
			 an application to the department.
(1) Each
			 application shall be submitted on forms provided by the department.
(2) Each application shall be submitted to
			 the department at least 90 days before operations are planned to begin.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 29 - SOLID WASTE MANAGEMENT › Section 28-29-31 - Requirements for storage of waste tires, used tires, and processed waste tires

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Outdoor storage
			 of waste tires, used tires, or both.
(1) The
			 requirements in this regulation for outdoor storage of tires shall not apply to
			 tires stored in trailers or covered containers.
(2) Each person storing the tires shall meet
			 the pest control standards specified in K.A.R. 28-29-29b.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 29 - SOLID WASTE MANAGEMENT › Section 28-29-31a - Requirements for permitted waste tire processing facilities, waste tire collection centers, and mobile waste tire processors

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Access for
			 fire-fighting equipment. Each permittee that obtains certification from the
			 local fire department, as specified in K.A.R. 28-29-31, shall submit a copy of
			 the certification to the department.
(b) Site access. The permittee of each waste
			 tire collection center and each waste tire processing facility shall perform
			 the following:
(1) Control access to the
			 site;
(2) post a sign at the
			 entrance of the site stating the following information:
(A) The name of the site;
(B) the permit number;
(C) the site's telephone number, if there is
			 one;
(D) the 24-hour emergency
			 telephone number; and
(E) if the
			 site is open to the public, the hours of operation; and
(3) have an attendant present at all times
			 when the waste tire processing facility or waste tire collection center is open
			 for business.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 29 - SOLID WASTE MANAGEMENT › Section 28-29-32 - Waste tire transporter permits

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Submission of
			 application. Each person required to obtain a waste tire transporter permit, as
			 specified in
			 K.S.A.
			 65-3424b and amendments thereto, shall submit
			 an application to the department. Each application shall be submitted on forms
			 provided by the department.
(b)
			 Waste tire transporter application. Each applicant for a waste tire transporter
			 permit shall include the following items in the application:
(1) The address or legal description of each
			 location where the waste tires will be transported for storage, processing, or
			 disposal;
(2) an estimate of the
			 number of tires that will be transported each month;
(3) a list of equipment that will be used;
(4) documentation of financial
			 assurance issued in favor of the department that meets the requirements in
			 K.A.R. 28-29-2101 through K.A.R. 28-29-2113; and
(5) the application fee listed in K.A.R.
			 28-29-2011.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 29 - SOLID WASTE MANAGEMENT › Section 28-29-33 - Requirements for permitted waste tire transporters

Current through Register Vol. 43, No. 28, July 11,
			 2024
Each person required to obtain a waste tire transporter permit
				shall perform the following:
(a)
			 Display a copy of the person's current waste tire transporter permit in each
			 vehicle that transports waste tires;
(b) record and maintain for three years the
			 following information regarding activities for each month of operation:
(1) The number of waste tires transported;
(2) the name of the previous owner
			 of the waste tires and the address or legal description of the location from
			 which the waste tires were collected; and
(3) the name of the subsequent owner of the
			 waste tires and the address or legal description of the location at which the
			 waste tires were deposited; and
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 29 - SOLID WASTE MANAGEMENT › Section 28-29-75 - Solid waste management (SWM) plans and committees; general provisions

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Each county
			 shall prepare, adopt, and submit to the secretary an SWM plan as specified in
			 K.S.A.
			 65-3405, and amendments thereto, and K.A.R.
			 28-29-75 through K.A.R. 28-29-82.
(b) Each county or group of counties shall
			 establish an SWM committee, as specified in
			 K.S.A.
			 65-3405 and amendments thereto.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 29 - SOLID WASTE MANAGEMENT › Section 28-29-76 - The solid waste management (SWM) committee

Current through Register Vol. 43, No. 28, July 11,
			 2024
Each county commission for counties planning individually, or
				the SWM committee on behalf of the county commissions of each county
				participating in a regional SWM plan, shall submit the following information to
				the department within the deadlines specified:
(a) Within 60 days after the SWM committee is
			 formed, a list of the SWM committee members. The list, and each update to the
			 list, shall include the following information for each SWM committee member:
(1) The name;
(2) the political entity, business, or
			 organization that the committee member represents; and
(3) the address, telephone number, and if
			 available, the e-mail address; and
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 29 - SOLID WASTE MANAGEMENT › Section 28-29-77 - The SWM plan

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Each SWM
			 committee shall establish an SWM plan that meets the requirements of
			 K.S.A.
			 65-3405, and amendments thereto, and provides
			 the following:
(1) Access for each person in
			 the county or region to service providing for the disposal of all nonhazardous
			 residential, commercial, and industrial solid waste; and
(2) a process for the orderly and systematic
			 elimination of nuisances and pollution sources associated with the following
			 solid waste management activities:
(A)
			 Storage;
(B) collection;
(C) transportation;
(D) processing; and
(E) disposal.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 29 - SOLID WASTE MANAGEMENT › Section 28-29-78 - Review and adoption of a new SWM plan

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Each SWM
			 committee shall develop a new SWM plan in accordance with the requirements of
			 this regulation if any of the following occurs:
(1) The dissolution of a region;
(2) a change in the member counties of a
			 region;
(3) the withdrawal from a
			 region of a county that elects to plan individually;
(4) the formation of a new region; or
(5) the transfer of planning
			 responsibility either to or from a designated city.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 29 - SOLID WASTE MANAGEMENT › Section 28-29-79 - Approval of the SWM plan by the secretary

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) After adoption
			 of the SWM plan, the county commission, the governing body of the designated
			 city, or the SWM committee shall submit the SWM plan to the secretary for
			 consideration for approval as specified in
			 K.S.A.
			 65-3405, and amendments thereto.
(b) The following documents shall accompany
			 the SWM plan:
(1) A review from each official
			 land-use planning agency and each official comprehensive planning agency within
			 the area covered by the SWM plan; and
(2) a certification of adoption from the
			 county commission of each county covered by the SWM plan.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 29 - SOLID WASTE MANAGEMENT › Section 28-29-80 - Annual reviews of the SWM plan

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Review.
(1) Each SWM committee, except as specified
			 in K.S.A.
			 65-3405 and amendments thereto, shall conduct
			 an annual review of the SWM plan.
(2) The review shall identify all changes
			 made to the SWM system of the county or region since adoption and approval of
			 the SWM plan, the last annual update, or the last five-year review, whichever
			 is most recent.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 29 - SOLID WASTE MANAGEMENT › Section 28-29-81 - Five-year reviews of the SWM plan

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Review and
			 revision. Each SWM committee shall review and revise the SWM plan within five
			 years of the original SWM plan approval date or within five years of the
			 previous five-year review approval date, whichever is more recent.
(1) The revision shall include, at a minimum,
			 updates of the 10-year projections for SWM practices and needs and shall
			 contain any changes in the SWM system according to the requirements specified
			 in K.A.R. 28-29-77.
(2) The SWM
			 committee shall revise the SWM plan according to the procedures specified in
			 K.A.R. 28-29-82.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 29 - SOLID WASTE MANAGEMENT › Section 28-29-82 - Revisions to the SWM plan

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Each SWM
			 committee shall revise the SWM plan if any of the following conditions is met:
(1) A waste management activity that is
			 specifically required or precluded under the current SWM plan is proposed to be
			 changed.
(2) Any of the following
			 waste management activities has occurred:
(A)
			 The availability of waste collection services within the planning area has been
			 reduced or expanded for some or all waste generators.
(B) A solid waste facility that is subject to
			 permitting requirements under
			 K.S.A.
			 65-3407, and amendments thereto, has been
			 added or eliminated.
(C)
			 Non-permitted recycling services have been added or eliminated.
(3) One or more counties have been
			 added to the plan.
(4) One or more
			 counties have withdrawn from the plan.
(5) A change to the implementation schedule
			 or financing methods specified in the SWM plan has occurred or will occur.
(6) Revisions are required as part
			 of the five-year review to extend the planning horizon to 10 years.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 29 - SOLID WASTE MANAGEMENT › Section 28-29-84 - Permit renewal; solid waste permit fees

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) General
			 provisions. Each permit issued by the department for any solid waste disposal
			 facility or area, processing facility, incinerator, transfer station,
			 composting plant or area and reclamation facility may be renewed on or before
			 the anniversary date of the permit each year in the following manner.
(1) Each solid waste facility operating in
			 Kansas pursuant to a valid existing permit shall submit to the department, on
			 or before the anniversary date of the permit, a report of the permitted
			 activities on forms provided by the department.
(2) The annual permit renewal fee shall
			 accompany the report. Action to approve the renewals of the permit shall not
			 begin until such time as a properly completed report and the appropriate annual
			 permit renewal fee are received by the department.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 29 - SOLID WASTE MANAGEMENT › Section 28-29-85 - State solid waste tonnage fees

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) General
			 provisions. The operator of each solid waste disposal area in Kansas shall pay
			 to the department a tonnage fee for each ton or equivalent volume of solid
			 waste received and disposed of at the facility during the preceding reporting
			 period. The fee shall be paid each reporting period until the facility no
			 longer receives waste and begins departmentally approved closure activities.
			 Municipal solid waste disposal areas receiving 50,000 tons or more of solid
			 waste annually shall file the reports required by subsection (b) of this
			 regulation and pay their tonnage fee monthly, on or before the last day of the
			 following month. Municipal solid waste disposal areas receiving less than
			 50,000 tons of solid waste annually, and all other solid waste disposal areas
			 shall file reports and pay their tonnage fee quarterly, on or before the last
			 day of April, July, October and January.
(b) Certification and late fees. The operator
			 of each solid waste disposal area shall certify, on a form provided by the
			 department, the amount, source and type of solid waste received, processed,
			 recycled, and disposed of during the preceding reporting period. Any operator
			 failing to remit the appropriate tonnage fee and submit the report within 45
			 days after each reporting period shall pay a late processing fee of one and
			 one-half percent per month on the unpaid balance from the date the fee was due
			 until paid.
(c) Determination of
			 waste tonnages.
(1) Operator estimates. The
			 operator of each municipal solid waste disposal area that receives 50,000 tons
			 or more of solid waste annually shall use actual weight records. The operator
			 of each municipal solid waste disposal area that receives less than 50,000 tons
			 of solid waste annually shall, subject to department approval, use one of the
			 following methods for determining the number of tons of waste disposed of at
			 the solid waste disposal area.
(A) The
			 operator may use actual weight records.
(B) The operator may use actual volume
			 records based upon direct aerial and field survey techniques, using the
			 conversion factor of 1,000 pounds per cubic yard less a department approved
			 deduction for cover material.
(C)
			 The operator may use actual volume records based upon daily logs which record
			 the source, type and measurement or estimate of each load using the conversion
			 factors as specified in subsection (d) of this regulation.
(D) The operator of a landfill serving one
			 county or an identifiable population of less than 20,000 may use a per capita
			 waste generation rate charge equivalent of .8 ton per person per year. This
			 generation rate may only be used during calendar year 1993. This method may be
			 used after December 31, 1993, only with specific departmental approval.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 29 - SOLID WASTE MANAGEMENT › Section 28-29-100 - Applicability

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) The provisions
			 of K.A.R. 28-29-100 through K.A.R. 28-29-121 shall apply to all municipal
			 landfills receiving waste on or after October 9, 1991. Facilities receiving
			 waste after October 9, 1991, but that stop receiving waste before October 9,
			 1993 shall only be subject to the final cover requirements in K.A.R. 28-29-121.
(b) Each existing unit or lateral
			 expansion receiving flood-related waste from federally-designated areas within
			 the major disaster areas declared by the president during the summer of 1993
			 pursuant to 42 U.S.C. 5121 et seq., shall be designated by the director of the
			 division of environment in accordance with the following:
(1) If it is determined by the director of
			 the division of environment that a unit is needed to receive flood-related
			 waste from a federally-designated disaster area, as specified in this
			 regulation, that unit may continue to accept waste prior to April 9, 1994
			 without being subject to the requirements of K.A.R. 28-29-100 through K.A.R.
			 28-29-121, except as provided in subsection (a) of this regulation.
(2) Any unit that receives an extension in
			 accordance with paragraph (b)(1) of this regulation may continue to accept
			 waste for a maximum of six additional months beyond April 9, 1994 without being
			 subject to the requirements of K.A.R. 28-29-101 through K.A.R. 28-29-121,
			 except as provided in subsection (a) of this regulation, if it is determined by
			 the director of the division of environment that the unit is still needed to
			 receive flood-related waste from a federally-designated disaster area as
			 specified in this regulation.
(3)
			 Any unit receiving an extension under paragraphs (b)(1) or (b)(2) of this
			 regulation which accepts waste under any circumstances on or after October 9,
			 1994 shall be subject to K.A.R. 28-29-101 through K.A.R. 28-29-121.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 29 - SOLID WASTE MANAGEMENT › Section 28-29-102 - Location restrictions

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Airport safety.
(1) Each owner or operator of a new MSWLF
			 unit and existing MSWLF unit which is located within 10,000 feet (3,048 meters)
			 of any airport runway end used by turbojet aircraft or within 5,000 feet (1,524
			 meters) of any airport runway end used by only piston-type aircraft, shall
			 demonstrate to the department that the unit is designed and operated so that
			 the unit does not pose a bird hazard to aircraft.
(2) Each owner or operator proposing to site
			 a new unit within a five-mile radius of any airport runway end used by turbojet
			 or piston-type aircraft shall notify the affected airport and the federal
			 aviation administration (FAA).
(3)
			 The owner or operator shall place a copy of the demonstration in the operating
			 record.
(4) For purposes of this
			 subsection:
(A) "Airport" means public-use
			 airport open to the public without prior permission and without restrictions
			 within the physical capacities of available facilities.
(B) "Bird hazard" means an increase in the
			 likelihood of bird and aircraft collisions that may cause damage to the
			 aircraft or injury to its occupants.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 29 - SOLID WASTE MANAGEMENT › Section 28-29-103 - Small landfills

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Any owner or
			 operator of a new or existing municipal landfill may request an exemption from
			 the design requirements in K.A.R. 28-29-104, as amended, if these conditions
			 are met:
(1) the MSWLF receives and disposes
			 of less than 20 tons of municipal solid waste daily, based on an annual
			 average;
(2) there is no evidence
			 of groundwater contamination from the MSWLF;
(3) the MSWLF is in an area that annually
			 receives less than or equal to 25 inches of precipitation; and
(4) the community or communities utilizing
			 the MSWLF have no practicable waste management alternative.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 29 - SOLID WASTE MANAGEMENT › Section 28-29-108 - Operating standards

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Excluding the
			 receipt of hazardous waste. Owners or operators of all MSWLF units shall
			 implement a program at the facility for detecting and preventing the disposal
			 of regulated hazardous wastes as defined pursuant to K.A.R. 28-31-3 and K.A.R.
			 28-31-4, and polychlorinated biphenyls (PCB) wastes as defined in 40 CFR part
			 761, as in effect on July 1, 1996. This program shall include the following, at
			 a minimum:
(1) random inspections of incoming
			 loads, unless the owner or operator takes other steps to ensure that incoming
			 loads do not contain regulated hazardous wastes or PCB wastes;
(2) records of any inspections;
(3) training of facility personnel to
			 recognize regulated hazardous waste and PCB wastes; and
(4) notification of the department if a
			 regulated hazardous waste or PCB waste is discovered at the facility.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 29 - SOLID WASTE MANAGEMENT › Section 28-29-109 - Special waste

Current through Register Vol. 43, No. 28, July
			 11, 2024
(a) Disposal of
			 special waste. Any person may dispose of special waste, as defined in K.A.R.
			 28-29-3, if all of the following conditions are met.
(1) The person disposes of the special waste
			 at a permitted municipal solid waste landfill (MSWLF).
(2) A special waste disposal authorization
			 for the special waste has been issued by the department in accordance with
			 subsections (b) and (c).
(3) All
			 the conditions of subsections (d) through (g) are met.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 29 - SOLID WASTE MANAGEMENT › Section 28-29-111 - Groundwater monitoring systems; applicability and design

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) The
			 requirements in this regulation shall apply to all MSWLF units, except as
			 provided in subsection (b).
(b)
			 Groundwater monitoring requirements may be suspended by the department for a
			 MSWLF unit if the owner or operator demonstrates that there is no potential for
			 migration of hazardous constituents from that MSWLF unit to the uppermost
			 aquifer during the active life of the unit and the post-closure care period.
			 This demonstration shall be certified by a qualified groundwater scientist and
			 approved by the department, and shall be based upon:
(1) site-specific field-collected
			 measurements, sampling, and analysis of physical, chemical, and biological
			 processes affecting contaminant fate and transport; and
(2) contaminant fate and transport
			 predictions that maximize contaminant migration and consider impacts on human
			 health and environment.
(3) For
			 the purposes of K.A.R. 28-29-111 and K.A.R. 28-29-112, "hazardous constituent"
			 means all constituents listed in appendix I and appendix II of K.A.R.
			 28-29-113.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 29 - SOLID WASTE MANAGEMENT › Section 28-29-112 - Groundwater monitoring systems; sampling and data analysis requirements

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) The groundwater
			 monitoring program shall include consistent sampling and analysis procedures to
			 ensure that monitoring results provide data representative of groundwater
			 quality in the zone being monitored.
(b) The owner or operator shall develop a
			 sampling and analysis plan to submit to the department for approval that
			 includes the following:
(1) a quality
			 assurance and quality control program for field sampling procedures and
			 laboratory analysis that provides:
(A)
			 quantitative detection limits;
(B)
			 the degree of error for analysis of each chemical constituent;
(C) equipment decontamination procedures; and
(D) other field quality assurance
			 protocols;
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 29 - SOLID WASTE MANAGEMENT › Section 28-29-113 - Groundwater monitoring systems; detection and assessment monitoring

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Detection
			 monitoring program.
(1) Detection monitoring
			 shall be required at each groundwater monitoring well as defined in K.A.R.
			 28-29-111. At a minimum, a detection monitoring program shall include the
			 monitoring for the constituents listed in appendix I of this regulation. The
			 owner or operator shall also conduct the following evaluations at each well at
			 the time of sample collection and immediately before filtering, if applicable,
			 and preserving samples for shipment:
(A)
			 elevation of the water table;
(B)
			 depth of the bottom of the well;
(C) pH of the sample;
(D) temperature of the sample;
(E) specific conductance of the sample; and
(F) observations of the physical
			 characteristics of the sample.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 29 - SOLID WASTE MANAGEMENT › Section 28-29-114 - Corrective action

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Assessment of
			 corrective measures.
(1) After consideration
			 of the results from the release assessment conducted pursuant to K.A.R.
			 28-29-113(a)(3)(B), the owner or operator may be asked by the director to
			 conduct an assessment of corrective measures that includes an analysis of:
(A) performance, reliability, ease of
			 implementation, and potential impacts of appropriate potential remedies,
			 including safety impacts, cross-media impacts, and control of exposure to any
			 residual contamination;
(B) time
			 required to begin and complete the remedy;
(C) costs of remedy implementation; and
(D) institutional requirements
			 such as state or local permit requirements or other environmental or public
			 health requirements that may substantially affect implementation of the remedy
			 or remedies.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 29 - SOLID WASTE MANAGEMENT › Section 28-29-121 - Closure requirements

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Upon ceasing to
			 receive waste, the unit shall be covered by a final cover consisting of a low
			 permeability layer overlaid by a final protective layer constructed in
			 accordance with the requirements of this regulation.
(b) Not later than 30 days after placement of
			 the final lift of solid waste, closure activities shall begin, except as
			 provided in subsection (c) of this regulation.
(c) The deadline for construction of the
			 final cover may be extended by the director if:
(1) the unit has remaining capacity and there
			 is a reasonable likelihood that the MSWLF unit will receive additional wastes;
(2) leachate is to be recirculated
			 for a period after final receipt of waste in accordance with provisions in
			 K.A.R. 28-29-104(i)(6); or
(3) the
			 owner or operator demonstrates to the department that initiation of closure
			 will, of necessity, take longer than 30 days.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 29 - SOLID WASTE MANAGEMENT › Section 28-29-300 - Definitions

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) For the
			 purposes of K.A.R. 28-29-300 through K.A.R. 28-29-333, the following
			 definitions shall apply:
(1) "C&D" means
			 construction and demolition.
(2)
			 "C&D contact water" means liquid, consisting primarily of precipitation,
			 that has infiltrated through the C&D waste or has been in contact with the
			 C&D waste for any period of time. This term shall include all runoff from
			 the active area of the C&D landfill and all liquid derived from the C&D
			 waste.
(3) "C&D landfill" shall
			 have the meaning assigned to "construction and demolition landfill" in
			 K.S.A.
			 65-3402, and amendments thereto.
(4) "C&D waste" shall have the meaning
			 assigned to "construction and demolition waste" in
			 K.S.A.
			 65-3402, and amendments thereto. For the
			 purposes of this definition, the following clarifications shall apply:
(A) "Furniture and appliances" shall not
			 include computer monitors and other computer components, televisions,
			 videocassette recorders, stereos, and similar waste electronics.
(B) "Treated wood" shall include wood treated
			 with any of the following:
(i)
			 Creosote;
(ii) oil-borne
			 preservatives, including pentachlorophenol and copper naphthenate;
(iii) waterborne preservatives, including
			 chromated copper arsenate (CCA), ammoniacal copper zinc arsenate (ACZA), and
			 ammoniacal copper quaternary compound (ACQ); or
(iv) any other chemical that poses a risk to
			 human health or safety or the environment that is similar to any of the risks
			 posed by the chemicals specified in paragraphs (a)(4)(B)(i) through
			 (iii).
(C) "Untreated
			 wood" shall include the following, if the wood has not been treated with any of
			 the chemicals listed in paragraphs (a)(4)(B)(i) through (iv):
(i) Coated wood, including wood that has been
			 painted, stained, or varnished; and
(ii) engineered wood, including plywood,
			 laminated wood, oriented-strand board, and particle board.
(5) "Hazardous waste" means
			 material determined to be hazardous waste as specified in K.A.R.
			 28-31-261.
(6) "Household hazardous
			 waste" shall have the meaning specified in K.A.R. 28-29-1100.
(7) "Lower explosive limit" and "LEL" mean
			 the lowest percent volume of a mixture of explosive gases in air that will
			 propagate a flame at 25°C and atmospheric pressure.
(8) "Non-C&D waste" means all solid waste
			 that is not specifically defined as construction and demolition waste in
			 K.S.A.
			 65-3402, and amendments thereto. Non-C&D
			 waste shall include hazardous waste and household hazardous waste.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 29 - SOLID WASTE MANAGEMENT › Section 28-29-302 - Construction and demolition (C&D) landfill location restrictions

Current through Register Vol. 43, No. 28, July 11,
			 2024
This regulation shall apply to each new C&D landfill and to
				each expansion of an existing C&D landfill that requires a permit
				modification.
(a) Definitions. For
			 the purposes of this regulation, the following definitions shall apply:
(1) "Application" shall mean a permit
			 application for a new C&D landfill or a permit modification application for
			 the expansion of an existing C&D landfill.
(2) "New C&D unit" shall mean a new
			 C&D landfill or the expansion of an existing C&D landfill.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 29 - SOLID WASTE MANAGEMENT › Section 28-29-304 - Construction and demolition (C&D) landfill design

Current through Register Vol. 43, No. 28, July 11,
			 2024
The design requirements of this regulation shall apply to all
				C&D landfills.
(a) Facility
			 access. The owner or operator of each C&D landfill shall provide fencing or
			 other barriers, with one or more gates that can be locked to restrict access to
			 the C&D landfill when the C&D landfill is not open for business.
(b) Facility signage. The owner or
			 operator of each C&D landfill shall post permanent signage at the facility.
(1) The following information shall be posted
			 at the entrance to the facility:
(A) The name
			 of the facility;
(B) the landfill
			 permit number;
(C) the facility's
			 telephone number, if there is one;
(D) the emergency telephone number; and
(E) a statement indicating who may
			 bring waste to the landfill for disposal and, if appropriate, the hours of
			 operation.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 29 - SOLID WASTE MANAGEMENT › Section 28-29-308 - Construction and demolition (C&D) landfill operations

Current through Register Vol. 43, No. 28, July 11,
			 2024
The owner or operator of each C&D landfill shall comply
				with the following requirements.
(a)
			 Aesthetics. The operator shall control odors and particulates, including dust
			 and litter, by the application of cover material, sight screening, or other
			 means to prevent a nuisance or damage to human health or the environment.
(b) Air quality. The owner or
			 operator shall conform to all applicable provisions of
			 K.S.A.
			 65-3001 et seq., and amendments thereto, and
			 all regulations adopted under those statutes.
(c) Fire protection.
(1) The owner or operator shall make
			 arrangements for fire protection services if a fire protection district or
			 other public fire protection service is available. If this service is not
			 available, the owner or operator shall provide practical alternate
			 arrangements.
(2) If there is a
			 fire at the site, the operator shall perform all of the following:
(A) Initiate and continue the use of
			 appropriate fire fighting methods until all smoldering, smoking, and burning
			 cease;
(B) notify the department
			 within one business day and submit a written report to the department within
			 one week; and
(C) upon completion
			 of fire fighting activities, cover and regrade each disruption of finished
			 grades, covered surfaces, or completed surfaces.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 29 - SOLID WASTE MANAGEMENT › Section 28-29-321 - Construction and demolition (C&D) landfill closure and postclosure care

Current through Register Vol. 43, No. 28, July 11,
			 2024
This regulation shall apply to each C&D landfill that
				closes after the effective date of this regulation.
(a) Notification of closure. The owner or
			 operator of each C&D landfill shall notify the department, in writing, at
			 least 60 days before each of the following events:
(1) The closure of each disposal unit at the
			 landfill; and
(2) the final
			 closure of the C&D landfill.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 29 - SOLID WASTE MANAGEMENT › Section 28-29-325 - Construction and demolition (C&D) landfill permits

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Permit
			 application. Each person that plans to establish a C&D landfill shall
			 submit a permit application to the secretary on forms furnished by the
			 department. The permit application shall include the following items:
(1) Design plans. The C&D landfill design
			 plan shall include the following items:
(A) A
			 plan showing the section, township, range, and site boundaries;
(B) a description of all adjacent properties,
			 including the land use and the names and addresses of property owners. If the
			 proposed site is adjacent to a public road or street, the property across the
			 street or road shall also be described;
(C) a topographic map of the existing site
			 with a contour interval of two feet or less;
(D) a minimum of three cross sections of the
			 proposed C&D waste disposal units, with the water table shown;
(E) a plan showing the following information:
(i) The size and location of all pertinent
			 human-made and natural features of the site, including roads, fire lanes,
			 ditches, berms, culverts, structures, wetlands, floodways, and surface waters;
(ii) the projected site
			 utilization with all site structures, including buildings, fences, gates,
			 entrances and exits, parking areas, on-site roadways, and signs; and
(iii) the location of all water supplies;
(F) a series of phasing
			 plans showing landfill development over the life of the landfill. Each plan
			 shall indicate the location of all peripheral features, including support
			 buildings, access roads, drainage ditches, sedimentation basins, all other
			 storm water management features, and screening berms;
(G) an erosion control plan outlining
			 management practices to control erosion from disturbed areas;
(H) a storm water control plan that includes
			 an implementation schedule and copies of the notice of intent submitted to the
			 department's bureau of water;
(I)
			 a C&D contact water management plan that includes an implementation
			 schedule; and
(J) if the landfill
			 is located in an unstable area according to the criteria specified in K.A.R.
			 28-29-302, a description of the engineering measures incorporated into the
			 landfill's design to ensure that the integrity of the structural components of
			 the C&D landfill will not be disrupted.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 29 - SOLID WASTE MANAGEMENT › Section 28-29-330 - Control of hazardous and explosive gases at C&D landfills; applicability of additional requirements

Current through Register Vol. 43, No. 28,
			 July 11, 2024
(a)
			 Applicability of additional design, operating, and postclosure requirements.
			 The additional design, operating, and postclosure requirements of K.A.R.
			 28-29-332 shall apply to the owner or operator of each disposal unit at a
			 C&D landfill that meets all of the following conditions:
(1) Location. Precipitation in all parts of
			 the county in which the C&D landfill is located averages more than 25
			 inches per year. The following counties and any county located east of these
			 counties shall be designated as meeting this condition: Jewell, Mitchell,
			 Lincoln, Ellsworth, Rice, Reno, Kingman, and Harper.
(2) Capacity. The disposal unit meets one of
			 the following conditions:
(A) The
			 construction of the disposal unit begins on or after the effective date of this
			 regulation, and the capacity of the disposal unit is more than 50,000 cubic
			 yards. Construction of the disposal unit shall be in accordance with a
			 construction quality assurance plan that is specific to the disposal unit and
			 has been approved by the secretary.
(B) The construction of the disposal unit
			 begins on or after January 1, 2014 and the capacity of the disposal unit, in
			 combination with all other disposal units constructed on or after January 1,
			 2014, is more than 50,000 cubic yards. Construction of the disposal unit shall
			 be in accordance with a construction quality assurance plan that is specific to
			 the disposal unit and has been approved by the secretary.
(3) Hydrogeology. The disposal unit meets one
			 or both of the following conditions, as evaluated and documented by a
			 professional engineer or licensed geologist:
(A) The disposal unit is located within a
			 100-year flood-plain.
(B) The
			 permeability of the natural soils or the constructed soil liner or the natural
			 geologic formation under the disposal unit is 1x10-7
			 centimeters per second or less, including quarry landfills with competent shale
			 bases, unless the owner or operator demonstrates to the department that design
			 and operational practices ensure that C&D contact water will exit the
			 disposal unit by gravity flow.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 29 - SOLID WASTE MANAGEMENT › Section 28-29-331 - Control of hazardous and explosive gases at C&D landfills; documentation of conditions used to determine applicability

Current through
			 Register Vol. 43, No. 28, July 11, 2024
Each person that submits an application for a new C&D
				landfill and each owner or operator that proposes to construct a disposal unit
				at an existing C&D landfill shall submit to the department documentation of
				the conditions specified in
				K.A.R.
				28-29-330, according to the following
				requirements:
(a) Required
			 documentation.
(1) If the C&D landfill
			 meets the location conditions specified in K.A.R. 28-29-330(a)(1), the
			 applicant or the owner or operator shall submit documentation of the capacity
			 of the proposed disposal unit and the capacity of each disposal unit
			 constructed on or after January 1, 2014.
(2) If the proposed disposal unit meets the
			 location and capacity conditions specified in K.A.R. 28-29-330(a)(1) and (2),
			 the applicant or the owner or operator shall submit documentation of the
			 hydrogeologic conditions specified in K.A.R. 28-29-330(a)(3). For the purposes
			 of determining the applicability of K.A.R. 28-29-332, if the disposal unit
			 meets one of the hydrogeologic conditions listed in K.A.R. 28-29-330(a)(3), the
			 applicant or the owner or operator shall not be required to submit
			 documentation of the other hydrogeologic conditions.