reglab/statecodes huggingface dataset:
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 30 - WATER WELL CONTRACTOR'S LICENSE; WATER WELL CONSTRUCTION AND ABANDONMENT › Section 28-30-2 - Definitions

Current through Register Vol. 43, No. 28, July 11,
			 2024
In addition to the definitions in
				K.S.A.
				82a-1203 and amendments thereto, each of the
				following terms shall have the meaning assigned in this regulation:
(a) "Abandoned water well" means a water well
			 determined by the department to meet at least one of the following conditions:
(1) Use of the water well has been
			 permanently discontinued.
(2)
			 Pumping equipment has been permanently removed from the water well.
(3) The water well either is in such
			 disrepair that it cannot be used to supply water or has the potential for
			 transmitting surface contaminants into the aquifer, or both.
(4) The water well poses potential health and
			 safety hazards.
(5) The water well
			 is in such a condition that it is not an active well or cannot be placed in
			 inactive status.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 30 - WATER WELL CONTRACTOR'S LICENSE; WATER WELL CONSTRUCTION AND ABANDONMENT › Section 28-30-3 - Licensing

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Eligibility. To
			 be eligible for a water well contractor's license, each applicant shall meet
			 the following requirements:
(1) Submit a
			 complete license application on a form provided by the department;
(2) submit a water well contractor
			 application fee of $10.00;
(3)
(A) Pass the water well contractor
			 examination conducted by the department or employ a designated person who has
			 passed the water well contractor examination; and
(B) submit a license fee of $100.00 if the
			 applicant or designated person passes the water well contractor examination;
			 and
(4) submit a
			 complete registration form on a form provided by the department for each drill
			 rig operated by or for the applicant and a registration fee of $25.00 for each
			 drill rig operated by or for the applicant.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 30 - WATER WELL CONTRACTOR'S LICENSE; WATER WELL CONSTRUCTION AND ABANDONMENT › Section 28-30-4 - General operating requirements

Current through Register Vol.
			 43, No. 28, July 11, 2024
(a) Water well record.
(1) Within 30 days after construction or
			 reconstruction of a water well, each water well contractor shall submit a
			 report to the department and to the landowner on the water well record form
			 provided by the department.
(2)
			 Each contractor shall report to the department and to the landowner on the
			 water well record form provided by the department and attachments any polluted
			 or other noncompliant conditions that the contractor was able to correct and
			 any conditions that the contractor was unable to correct.
(3) Each contractor shall report to the
			 department and to the landowner the plugging of any abandoned water well on the
			 water well record form provided by the department.
(4) Each landowner who constructs,
			 reconstructs, or plugs a water well that will be or was used by the landowner
			 for farming, ranching, or agricultural purposes or is located at the
			 landowner's residence shall submit a report to the department on the water well
			 record form provided by the department within 30 days after the construction,
			 reconstruction, or plugging of the water well. No fee shall be required from
			 the landowner for the record.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 30 - WATER WELL CONTRACTOR'S LICENSE; WATER WELL CONSTRUCTION AND ABANDONMENT › Section 28-30-5 - Construction regulations for public water-supply wells

Current
			 through Register Vol. 43, No. 28, July 11, 2024
All activities involving public water-supply wells shall meet
				the requirements of
				K.S.A.
				65-163a, and amendments thereto, and
				regulations of the department, including
				K.A.R.
				28-15-16.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 30 - WATER WELL CONTRACTOR'S LICENSE; WATER WELL CONSTRUCTION AND ABANDONMENT › Section 28-30-6 - Construction regulations for all water wells not included under K.A.R. 28-30-5

Current through Register Vol. 43, No. 28, July
			 11, 2024
(a) Each water
			 well shall be constructed to minimize the potential for contamination of the
			 delivered or obtained groundwater and to protect groundwater aquifers from
			 pollution and contamination.
(b)
			 The following requirements for grouting shall be met:
(1) Each constructed water well and each
			 reconstructed water well shall be sealed by grouting the annulus between the
			 casing and the boring from ground level to at least 20 feet or to at least five
			 feet into the first clay or shale layer if one is present, whichever is
			 greater. If a pitless well adapter or unit is being installed, the grouting
			 shall start below the point at which the pitless well adapter or unit attaches
			 to the casing and shall continue at least 20 feet below this point or to at
			 least five feet into the first clay or shale layer, whichever is
			 greater.
(2) The diameter of the
			 drilled boring shall be at least three inches greater than the maximum outside
			 diameter of the casing.
(3) Water
			 from two or more separate aquifers shall be separated from each other in the
			 boring by sealing the annulus between the aquifers with grout.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 30 - WATER WELL CONTRACTOR'S LICENSE; WATER WELL CONSTRUCTION AND ABANDONMENT › Section 28-30-7 - Plugging of abandoned wells, cased and uncased test holes

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) All water wells
			 abandoned by the landowner on or after July 1, 1979, and all water wells that
			 were abandoned prior to July 1, 1979 which pose a threat to groundwater
			 supplies, shall be plugged or caused to be plugged by the landowner. In all
			 cases, the landowner shall perform the following as minimum requirements for
			 plugging abandoned wells.
(1) The casing
			 shall be cut off three feet below ground surface and removed.
(2) All wells shall be plugged from bottom to
			 top using volumes of material equaling at least the inside volume of the well.
(3) Plugging top of well:
(A) For cased wells a grout plug shall be
			 placed from six to three feet below ground surface.
(B) For dug wells, the lining material shall
			 be removed to at least five feet below ground surface, and then sealed at five
			 feet with a minimum of six inches of concrete or other materials approved by
			 the department. Compacted surface silts and clays shall be placed over the
			 concrete seal to ground surface.
(4) Any groundwater displaced upward inside
			 the well casing during the plugging operation shall be removed before
			 additional plugging materials are added.
(5) From three feet below ground level to
			 ground level, the plugged well shall be covered over with compacted surface
			 silts or clays.
(6) Compacted
			 clays or grout shall be used to plug all wells from the static water level to
			 six feet below surface.
(7) All
			 sand and gravel used in plugging abandoned domestic or public water supply
			 wells shall be chlorinated prior to placement into a well.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 30 - WATER WELL CONTRACTOR'S LICENSE; WATER WELL CONSTRUCTION AND ABANDONMENT › Section 28-30-8 - Pollution sources

Current through Register Vol. 43, No. 28, July 11,
			 2024
Well locations shall be approved by municipal and county
				governments with respect to distances from pollution sources and compliance
				with local regulations. The following minimum standard shall be observed.
(a) The horizontal distances between
			 the well and the potential source of pollution or contamination such as sewer
			 lines, pressure sewer lines, septic tanks, lateral fields, pit privy, seepage
			 pits, fuel or fertilizer storage, pesticide storage, feed lots or barn yards
			 shall be 50 feet or more as determined by the department.
(b) Proper drainage in the vicinity of the
			 well shall be provided so as to prevent the accumulation and ponding of surface
			 water within 50 feet of the well. The well shall not be located in a ravine or
			 any other drainage area where surface water may flow into the well.
(c) When sewer lines are constructed of cast
			 iron, plastic or other equally tight materials, the separation distance shall
			 be 10 feet or more as determined by the department.
(d) All wells shall be 25 feet or more from
			 the nearest property line, allowing public right-of-ways to be counted;
			 however, a well used only for irrigation or cooling purposes may be located
			 closer than 25 feet to an adjoining property where:
(1) such adjoining property is served by a
			 sanitary sewer and does not contain a septic tank system, disposal well or
			 other source of contamination or pollution; and
(2) the property to be provided with the
			 proposed well is served by both a sanitary sewer and a public water supply.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 30 - WATER WELL CONTRACTOR'S LICENSE; WATER WELL CONSTRUCTION AND ABANDONMENT › Section 28-30-9 - Appeals

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Requests for
			 exception to any of the foregoing rules and regulations shall be submitted to
			 the department in writing and shall contain all information relevant to the
			 request.
(1) Those requests shall
			 specifically set forth why such exception should be considered.
(2) The department may grant exceptions when
			 geologic or hydrologic conditions warrant an exception and when such an
			 exception is in keeping with the purposes of the Kansas groundwater exploration
			 and protection act.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 30 - WATER WELL CONTRACTOR'S LICENSE; WATER WELL CONSTRUCTION AND ABANDONMENT › Section 28-30-10 - Water well disinfection for wells constructed or reconstructed for human consumption or food processing

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Gravel for
			 gravel-packed wells shall be disinfected by immersing the gravel in a chlorine
			 solution containing not less than 200 milligrams per liter, mg/l, of available
			 chlorine before it is placed in the wells annular space.
(b) Constructed or reconstructed wells shall
			 be disinfected by adding sufficient hypochlorite solution to them to produce a
			 concentration of not less than 100 mg/l of available chlorine when mixed with
			 the water in the well.
(c) The
			 pump, casing, screen and pump column shall be washed down with a 200 mg/l
			 available chlorine solution.
(d)
			 All persons constructing, reconstructing or treating a water well and removing
			 the pump or pump column, replacing a pump, or otherwise performing an activity
			 which has potential for contaminating or polluting the groundwater supply shall
			 be responsible for adequate disinfection of the well, well system and
			 appurtenances thereto.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 30 - WATER WELL CONTRACTOR'S LICENSE; WATER WELL CONSTRUCTION AND ABANDONMENT › Section 28-30-200 - Definitions

Current through Register Vol. 43, No. 28, July 11,
			 2024
In addition to the definitions in
				K.A.R.
				28-30-2, the following definitions shall
				apply to the Equus Beds groundwater management district no. 2:
(a) "Bedrock" means shale, limestone,
			 sandstone, siltstone, anhydrite, gypsum, salt, or other consolidated rock that
			 can occur at the surface or underlie unconsolidated material.
(b) "Board" means the board of directors
			 constituting the governing body of the Equus Beds groundwater management
			 district no. 2.
(c) "Borehole"
			 means any hole that is drilled, cored, bored, washed, driven, dug, or otherwise
			 excavated, in which the casing and screen have been removed or in which the
			 casing has not been installed.
(d)
			 "Contaminate" means to engage in any act or omission causing the addition or
			 introduction of substances to freshwater in concentrations that alter the
			 physical, chemical, biological, or radiological properties of the freshwater,
			 making the water unfit for beneficial use.
(e) "District" means the Equus Beds
			 groundwater management district no. 2, which is organized for groundwater
			 management purposes pursuant to
			 K.S.A.
			 82a-1020 et seq., and amendments thereto.
(f) "Fluid" means any material or
			 substance that flows or moves in a semisolid, liquid, sludge, gas, or any other
			 form or state.
(g) "Free-fall"
			 means a method used to place grout in a water well or borehole that meets all
			 of the following conditions:
(1) The total
			 grouting depth below ground level does not exceed 75 feet.
(2) The grouting interval is free of fluids.
(3) The diameter of the water well
			 casing or borehole is sufficient to allow the unobstructed flow of grout
			 throughout the entire grouting interval.
(4) Grout is poured or discharged into the
			 water well or borehole at a controlled rate.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 30 - WATER WELL CONTRACTOR'S LICENSE; WATER WELL CONSTRUCTION AND ABANDONMENT › Section 28-30-201 - Plugging operations; notification; report

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) All plugging
			 operations shall be supervised by one of the following:
(1) A water well contractor licensed by the
			 department;
(2) a licensed
			 professional engineer or licensed geologist; or
(3) the water well or borehole owner, or the
			 landowner of the property on which the water well or borehole is located.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 30 - WATER WELL CONTRACTOR'S LICENSE; WATER WELL CONSTRUCTION AND ABANDONMENT › Section 28-30-202 - Plugging operations for an abandoned water well or borehole; responsibility

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Each water well
			 or borehole shall be considered abandoned if at least one of the following
			 conditions exists:
(1) The water well or
			 borehole was not completed.
(2)
			 The water well or borehole threatens to contaminate fresh groundwater.
(3) The water well or borehole
			 poses a safety or health hazard.
(4) Uncontrolled fluid flow is encountered or
			 present in the water well or borehole.
(5) The use of the water well or borehole has
			 ceased.
(6) The borehole testing,
			 sampling, or other operations are completed within 30 days of completion of the
			 borehole drilling.
(7) The water
			 well or borehole owner has not demonstrated the intention to use the water well
			 or borehole.
(8) The water well
			 can not be maintained in an active or inactive status.
(9) The water well or borehole is not
			 operational or functional for the intended use.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 30 - WATER WELL CONTRACTOR'S LICENSE; WATER WELL CONSTRUCTION AND ABANDONMENT › Section 28-30-203 - Annular space grouting procedures

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Each water well
			 or borehole owner or landowner of the property with an abandoned water well
			 that was constructed on or after May 1, 1983 shall have the water well's
			 annular space grouted as follows:
(1) From
			 three feet below ground level to a minimum of 20 feet below ground level; or
(2) below the point at which a
			 pitless well adapter attaches to the well casing to a minimum of 20 feet below
			 the pitless well adapter.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 30 - WATER WELL CONTRACTOR'S LICENSE; WATER WELL CONSTRUCTION AND ABANDONMENT › Section 28-30-204 - Inactive well; application; construction and extension

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Each owner of
			 an inactive water well shall meet the following requirements:
(1) Submit a completed, signed, and notarized
			 inactive water well agreement, on a form provided by the district, to the
			 district manager 30 days before placing the well on inactive status. The form
			 shall include a statement that the water well does not pose a public health or
			 safety hazard and does not threaten to contaminate the groundwater;
(2) remove all pumping equipment from the
			 water well;
(3) construct the
			 water well and the annular space as specified in K.A.R. 28-30-6;
(4) seal and maintain the water well and the
			 annular space to prohibit the entrance of surface fluids and materials and the
			 vertical movement of subsurface water into the well and to prevent damage;
(5) post a sign that meets the
			 following conditions within three feet of the water well:
(A) Has a minimum height of three feet above
			 land surface;
(B) is easily
			 visible;
(C) is continually
			 maintained; and
(D) is constructed
			 with the words "Inactive Water Well" and a legal description consisting of the
			 10-acre tract, section, township, and range description printed legibly; and
(6) securely install a
			 watertight seal or cap on the water well casing opening a minimum of one foot
			 above land surface that consists of one of the following:
(A) Steel plating that is a minimum of 1/4
			 inch thick and is welded to the casing opening;
(B) a polyvinylchloride cap glued to the
			 water well casing opening, with a minimum standard dimension ratio (SDR) of 21
			 or less on well casing less than four inches in diameter and a minimum SDR of
			 26 or less on well casing four or more inches in diameter. The SDR shall be
			 calculated by dividing the casing's outside diameter (OD) by its minimum wall
			 thickness (MWT); or
(C) any other
			 seal or cap that is approved by the district manager.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 30 - WATER WELL CONTRACTOR'S LICENSE; WATER WELL CONSTRUCTION AND ABANDONMENT › Section 28-30-205 - Disinfection of an abandoned water well or borehole

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Except as
			 specified in subsection (b), the following minimum quantities of sodium
			 hypochlorite with 5.25 percent to 6.0 percent strength, manufactured under
			 trade names including Clorox, Purex, Sno-White, and Topco, and other bleach
			 products with similar properties, shall be used to disinfect each abandoned
			 water well or borehole:
Water well casing or hole diameter
							 (inches)
Sodium hypochlorite (fluid ounces per foot of
							 water column)
1.25
0.015
1.5
0.023
2
0.041
2.5
0.064
3
0.094
3.5
0.127
4
0.165
5
0.259
6
0.381
8
0.660
10
1.036
12
1.490
14
2.031
16
2.650
18
3.354
24
5.966
30
9.317
(b) Any
			 concentration of sodium hypochlorite not specified in subsection (a) or any
			 combination of calcium hypochlorite may be used to disinfect an abandoned water
			 well or borehole, if a minimum concentration of 100 milligrams of chlorine
			 solution per liter per foot of water column in the water well or borehole is
			 produced.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 30 - WATER WELL CONTRACTOR'S LICENSE; WATER WELL CONSTRUCTION AND ABANDONMENT › Section 28-30-206 - Administrative appeal to the board

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Any owner of a
			 water well or borehole or any person whose legal rights, duties, privileges,
			 immunities, or other legal interests are affected by an order issued by the
			 district may request an appeal hearing with the board.
(b) The request for hearing shall be filed
			 with the board within 30 days after service of the order on the owner or owners
			 of the water well or borehole or any person whose legal rights, duties,
			 privileges, immunities, or other legal interests are affected by the order. The
			 request for hearing shall state the basis for requesting a hearing and shall be
			 accompanied by documentation supporting the request.
(c) During the hearing, the board may take
			 into consideration any relevant information or data, including information and
			 data from any person whose legal rights, duties, privileges, immunities, or
			 other legal interests may be affected by the order.
(d) After consideration of all information
			 and data presented, the board shall issue one of the following:
(1) An order remanding the case to the
			 district manager with instructions for additional investigation; or
(2) a final order that contains findings of
			 fact and conclusions of law.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 30 - WATER WELL CONTRACTOR'S LICENSE; WATER WELL CONSTRUCTION AND ABANDONMENT › Section 28-30-207 - Variance; extension of time

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) If an
			 individual or party wants a variance from any of the regulations contained in
			 K.A.R. 28-30-200 through K.A.R. 28-30-206 or an extension of time pursuant to
			 K.A.R. 28-30-204, the individual or party shall submit a request, in writing,
			 to the district.
(1) Each request shall
			 include the following:
(A) The name, address,
			 telephone number, and contact person of the individual or party requesting the
			 variance or extension of time;
(B)
			 the specific legal description of the site location to which the variance or
			 extension of time would apply;
(C)
			 the specific regulation from which the variance is sought or the amount of time
			 requested; and
(D) the reason for
			 requesting the variance or extension of time and any supporting data.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 31 - HAZARDOUS WASTE MANAGEMENT STANDARDS AND REGULATIONS › Section 28-31-4 - EPA identification numbers; notification requirement for hazardous waste, universal waste, and used oil activities

Current through
			 Register Vol. 43, No. 28, July 11, 2024
Each reference in this regulation to a federal regulation shall
				mean that federal regulation as adopted by reference in
				K.A.R.
				28-31-124 through
				28-31-279.
(a) Each person who is required to obtain an
			 EPA identification number by 40 CFR part 124 or 40 CFR parts 260 through 279
			 and each Kansas small quantity generator shall notify the department of their
			 hazardous waste, universal waste, and used oil activities and shall obtain an
			 EPA identification number by submitting to the department KDHE form 8700-12 or
			 another form approved by the secretary.
(b) Each person that is newly subject to
			 these notification requirements due to promulgation of a statute or regulation
			 shall notify the department of that person's hazardous waste, universal waste,
			 and used oil activities within 60 days of the effective date of the statute or
			 regulation, unless a different date is specified in that statute or
			 regulation.
(c) Each person shall
			 update the information associated with that person's EPA identification number
			 if there is a change in the information. The person shall submit these changes
			 to the department on KDHE form 8700-12 or another form approved by the
			 secretary, no more than 60 days after the change occurs.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 31 - HAZARDOUS WASTE MANAGEMENT STANDARDS AND REGULATIONS › Section 28-31-6 - Registration and insurance requirements for transporters of hazardous waste and used oil

Current through Register Vol. 43, No. 28, July 11,
			 2024
Each reference in this regulation to a federal regulation
				shall mean that federal regulation as adopted by reference in
				K.A.R.
				28-31-124 through
				28-31-279.
(a) Applicability. This regulation shall
			 apply to the following:
(1) Each person that
			 transports hazardous waste and is subject to the requirements of K.A.R.
			 28-31-263a ; and
(2) each person
			 that transports used oil and is subject to the requirements of 40 CFR part 279,
			 subpart E.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 31 - HAZARDOUS WASTE MANAGEMENT STANDARDS AND REGULATIONS › Section 28-31-8b - Standards for the management of specific hazardous wastes and specific types of hazardous waste management facilities

Current through Register Vol. 43, No. 28, July 11,
			 2024
Each person managing any of the specific hazardous wastes or
				operating any of the specific types of hazardous waste management facilities
				listed below shall comply with the requirements of 40 CFR Part 266:
(a) Recyclable materials used in a manner
			 constituting disposal;
(b)
			 recyclable materials utilized for precious metal recovery;
(c) spent lead-acid batteries being
			 reclaimed;
(d) hazardous waste
			 burned in boilers and industrial furnaces; and
(e) military munitions.
In this regulation, each reference to a federal regulation
				shall be deemed to refer to that federal regulation as adopted by reference in
				K.A.R. 28-31-1.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 31 - HAZARDOUS WASTE MANAGEMENT STANDARDS AND REGULATIONS › Section 28-31-10 - Hazardous waste monitoring fees

Current through Register Vol. 43, No. 28, July 11,
			 2024
Each reference in this regulation to a federal regulation shall
				mean that federal regulation as adopted by reference in
				K.A.R.
				28-31-124 through
				28-31-279.
(a) Fee requirement. Each of the following
			 persons shall pay an annual monitoring fee to the department according to the
			 requirements of subsections (b) through (e):
(1) Each owner or operator of a hazardous
			 waste treatment, storage, or disposal facility;
(2) each hazardous waste transporter;
			 and
(3) each hazardous waste
			 generator.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 31 - HAZARDOUS WASTE MANAGEMENT STANDARDS AND REGULATIONS › Section 28-31-10a - Off-site hazardous waste treatment fees

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Each off-site
			 hazardous waste treatment facility shall pay fees proportionate to the quantity
			 of hazardous waste treated, subject to the caps set forth in
			 K.S.A.
			 65-3431, and amendments thereto. These fees
			 shall be based upon the following schedule:
Hazardous Waste Category Fee
Dioxin $20 per ton
Fewer than 5,000 British Thermal Units (BTUs) per pound $10 per
				ton
Equal to or greater than 5,000 BTUs per pound $2 per ton
For the purpose of calculating these fees, "dioxin" shall mean
				hazardous wastes carrying EPA hazardous waste numbers F020, F021, F022, F023,
				F026, F027, or F028, or any combination of these hazardous waste numbers. "Ton"
				shall mean 2,000 pounds.
(b) Payment of the treatment fees assessed
			 under subsection (a) of this regulation shall be made quarterly. The quarterly
			 fee shall be paid on or before the last day of April, July, October, and
			 January for the preceding three-month period ending the last day of March,
			 June, September, and December.
(c)
			 Each treatment fee payment shall meet these requirements:
(1) Be made by check or money order made
			 payable to the "Kansas department of health and environment attention:
			 hazardous waste management fund"; and
(2) be accompanied by a form, furnished by
			 the department and completed by the facility operator. The form shall state the
			 total weight of hazardous wastes treated during the reporting period and shall
			 provide sufficient information to verify findings that a treatment process
			 qualified as material or energy recovery.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 31 - HAZARDOUS WASTE MANAGEMENT STANDARDS AND REGULATIONS › Section 28-31-12 - Inspections

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Upon
			 presentation of credentials and stating the purpose or the visit, the following
			 actions may be performed during the regular business hours of the facility by
			 the secretary or the secretary's designee:
(1) Entering any factory, plant, construction
			 site, hazardous waste storage, treatment, or disposal facility, or other
			 location where hazardous wastes could potentially be generated, stored,
			 treated, or disposed of, and inspecting the premises to gather information
			 regarding existing conditions and procedures;
(2) obtaining samples of actual or potential
			 hazardous waste from any person or from the property of any person, including
			 samples from any vehicle in which hazardous wastes are being
			 transported;
(3) stopping and
			 inspecting any vehicle, if there is reasonable cause to believe that the
			 vehicle is transporting hazardous wastes;
(4) conducting tests, analyses, and
			 evaluations of wastes and waste-like materials to determine whether or not the
			 wastes or materials are hazardous and whether or not the requirements of these
			 regulations are being met;
(5)
			 obtaining samples from any containers;
(6) making reproductions of container
			 labels;
(7) inspecting and copying
			 any records, reports, information, or test results relating to wastes
			 generated, stored, transported, treated, or disposed of;
(8) photographing or videotaping any
			 hazardous waste management facility, device, structure, or equipment;
(9) drilling test wells or groundwater
			 monitoring wells on the property of any person where hazardous wastes are
			 generated, stored, transported, treated, disposed of, discharged, or migrating
			 off-site and obtaining samples from the wells; and
(10) conducting tests, analyses, and
			 evaluations of soil, groundwater, surface water, and air to determine whether
			 the requirements of these regulations are being met.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 31 - HAZARDOUS WASTE MANAGEMENT STANDARDS AND REGULATIONS › Section 28-31-13 - Variances

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Application.
			 Any person may apply for a variance from one or more specific provisions of
			 these regulations according to the following criteria:
(1) An application for a variance may be
			 submitted for any provision that is determined by the U.S. environmental
			 protection agency to be more stringent or broader in scope than the federal
			 hazardous waste regulations.
(2)
			 The application shall be submitted to the department on a form provided by the
			 department.
(3) The applicant shall
			 state the reasons and circumstances that support the application and shall
			 submit all other pertinent data to support the application.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 31 - HAZARDOUS WASTE MANAGEMENT STANDARDS AND REGULATIONS › Section 28-31-100 - Substitution of state terms for federal terms; internal references to federal regulations

Current through Register Vol. 43, No. 28,
			 July 11, 2024
When used in any provision of 40 CFR part 124, parts 260
				through 266, or part 268, 270, 273, or 279, as adopted by reference by
				K.A.R.
				28-31-124 through
				28-31-279, the following
				substitutions shall be made unless otherwise specified in
				K.A.R.
				28-31-124 through
				28-31-279:
(a) References to federal regulations that
			 are adopted by reference. Each reference to 40 CFR parts 124, 260 through 268,
			 270, 273, and 279 shall mean that federal regulation as adopted by reference in
			 K.A.R. 28-31-124 through K.A.R. 28-31-279 .
(b) References to federal regulations that
			 are not adopted by reference.
(1) 40 CFR part
			 124.
(A) Each reference to 40 CFR part 124 in
			 its entirety shall be replaced with " K.A.R. 28-31-124 through 28-31-124e
			 ."
(B) Each reference to 40 CFR
			 124, subpart A in its entirety shall be replaced with " K.A.R. 28-31-124
			 through 28-31-124e ."
(C) Each
			 reference to 40 CFR
			 124.2 or any portion of
			 40 CFR
			 124.2 shall be replaced with "
			 40 CFR
			 270.2."
(D) Each reference to
			 40 CFR
			 124.3 or any portion of
			 40 CFR
			 124.3 shall be replaced with " K.A.R.
			 28-31-124a ."
(E) Each reference to
			 40 CFR
			 124.5 or any portion of
			 40 CFR
			 124.5 shall be replaced with " K.A.R.
			 28-31-124b ."
(F) Each reference to
			 40 CFR
			 124.6 or any portion of
			 40 CFR
			 124.6 shall be replaced with " K.A.R.
			 28-31-124c ."
(G) Each reference to
			 40 CFR
			 124.8 or any portion of
			 40 CFR
			 124.8 shall be replaced with " K.A.R.
			 28-31-124d ."
(H) Each reference to
			 40 CFR
			 124.10 or any portion of
			 40 CFR
			 124.10 shall be replaced with " K.A.R.
			 28-31-124e, " except in 40
			 CFR 124.204(d)(10), where
			 the phrase "§§ 124.10(c)(l)(ix) and (c)(l)(x)(A)" shall be replaced
			 with " K.A.R. 28-31-124e(e)(l)(D) and (E) ."
(I) The following phrases shall be replaced
			 with "in accordance with
			 K.S.A.
			 65-3440, and amendments thereto,":
(i) "[A]ccording to the procedures of §
			 124.19";
(ii) "pursuant to
			 40 CFR
			 124.19 ";
(iii) "under § 124.19";
(iv) "under § 124.19 of this
			 chapter";
(v) "under § 124.19
			 of this part"; and
(vi) "under the
			 permit appeal procedures of 40 CFR 124.19."
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 31 - HAZARDOUS WASTE MANAGEMENT STANDARDS AND REGULATIONS › Section 28-31-100a - Substitution of state terms for federal terms; administrator

Current through Register Vol. 43, No. 28, July 11,
			 2024
When used in any provision of 40 CFR part 124, parts 260
				through 266, or part 268, 270, 273, or 279, as adopted by reference by
				K.A.R.
				28-31-124 through
				28-31-279, the following
				substitutions shall be made unless otherwise specified in
				K.A.R.
				28-31-124 through
				28-31-279:
(a) The following terms and phrases shall be
			 replaced with "secretary," except as noted in subsection (b):
(1) "Administrator";
(2) " [a]dministrator or State
			 Director";
(3) "applicable EPA
			 Regional Administrator";
(4)
			 "appropriate Regional Administrator or state Director";
(5) "[a]ssistant Administrator";
(6) "[a]ssistant Administrator for Solid
			 Waste and Emergency Response";
(7)
			 "EPA Regional Administrator";
(8)
			 "EPA Regional Administrator(s)";
(9) "EPA Regional Administrator (or his
			 designated representative) or State authorized to implement part 268
			 requirements";
(10) "EPA Regional
			 Administrator for the Region in which the generator is located";
(11) "EPA Regional Administrator(s) for the
			 Region(s) in which the facility(ies) is(are) located";
(12) "EPA Regional Administrator(s) of the
			 EPA Region(s) in which the bonded facility(ies) is (are) located";
(13) "EPA Regional Administrators of the
			 Regions in which the facilities are located, or their designees";
(14) "[r]egional Administrator";
(15) "[r]egional Administrator(s)";
(16) "[r]egional Administrator of every
			 Region in which facilities for which financial responsibility is to be
			 demonstrated through the financial test are located";
(17) "[r]egional Administrator or state
			 Director";
(18) "[r]egional
			 Administrator, or State Director, as the context requires, or an authorized
			 representative ('director' as defined in
			 40 CFR
			 270.2 )";
(19) "[r]egional Administrator, or State
			 Director (if located in an authorized state)";
(20) "[r]egional Administrator(s) of the EPA
			 Region(s) in which the facility(ies) is(are) located"; and
(21) "USEPA Regional Administrator for Region
			 [Region #]."
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 31 - HAZARDOUS WASTE MANAGEMENT STANDARDS AND REGULATIONS › Section 28-31-100d - Substitution of state terms for federal terms; DOT, director

Current through Register Vol. 43, No. 28, July 11,
			 2024
When used in any provision of 40
CFR part 124, parts 260 through 266, or part 268, 270, 273, or
				279, as adopted by reference by
				K.A.R.
				28-31-124 through
				28-31-279, the following
				substitutions shall be made unless otherwise specified in
				K.A.R.
				28-31-124 through
				28-31-279:
(a) Department of transportation. The terms
			 "Department of Transportation" and "DOT" shall be replaced with "U.S.
			 department of transportation," except in the following instances:
(1) In an address;
(2) in the term "DOT hazard class";
(3) in the term "U.S. Department of
			 Transportation (DOT)"; and
(4) in
			 the term "U.S. DOT."
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 31 - HAZARDOUS WASTE MANAGEMENT STANDARDS AND REGULATIONS › Section 28-31-100e - Substitution of state terms for federal terms; engineer, environmental appeals board, EPA

Current through Register Vol. 43, No. 28, July 11,
			 2024
When used in any provision of 40 CFR part 124, parts 260
				through 266, or part 268, 270, 273, or 279, as adopted by reference by
				K.A.R.
				28-31-124 through
				28-31-279, the following
				substitutions shall be made unless otherwise specified in
				K.A.R.
				28-31-124 through
				28-31-279:
(a) Engineer. The following terms shall be
			 replaced with "Kansas professional engineer":
(1) "[G]eotechnical engineer";
(2) "PE";
(3) "professional engineer";
(4) "qualified engineer";
(5) "qualified Professional
			 Engineer";
(6) "qualified
			 registered professional engineer";
(7) "qualified, registered professional
			 engineer"; and
(8) "registered
			 professional engineer."
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 31 - HAZARDOUS WASTE MANAGEMENT STANDARDS AND REGULATIONS › Section 28-31-100f - Substitution of state terms for federal terms; federal register

Current through Register Vol. 43, No. 28, July 11,
			 2024
When used in any provision of 40 CFR part 124, parts 260
				through 266, or part 268, 270, 273, or 279, as adopted by reference by
				K.A.R.
				28-31-124 through
				28-31-279, the substitutions
				specified in this regulation shall be made unless otherwise specified in
				K.A.R.
				28-31-124 through
				28-31-279. The term "Federal
				Register" shall be replaced with "Kansas register" except in the following
				locations:
(a)
								40 CFR
			 266.203(c) and
			 266.205(e);
(b)
								40 CFR
			 268.5(e);
(c)
								40 CFR
			 268.6(j);
(d) 40 CFR part 268, subpart D; and
(e)
								40 CFR
			 270.10(e)(2).
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 31 - HAZARDOUS WASTE MANAGEMENT STANDARDS AND REGULATIONS › Section 28-31-100p - Substitution of state terms for federal terms; part B, permitting agency or authority

Current through Register Vol. 43, No. 28,
			 July 11, 2024
When used in any provision of 40 CFR part 124, parts 260
				through 266, or part 268, 270, 273, or 279, as adopted by reference by
				K.A.R.
				28-31-124 through
				28-31-279, the following
				substitutions shall be made unless otherwise specified in
				K.A.R.
				28-31-124 through
				28-31-279:
(a) Part B. The following phrases shall be
			 replaced with "part B application":
(1)
			 "[P]art B of the RCRA application"; and
(2) "RCRA part B application."
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 31 - HAZARDOUS WASTE MANAGEMENT STANDARDS AND REGULATIONS › Section 28-31-100q - Substitution of state terms for federal terms; qualified geologist, qualified soil scientist

Current through Register Vol. 43, No. 28,
			 July 11, 2024
When used in any provision of 40 CFR part 124, parts 260
				through 266, or part 268, 270, 273, or 279, as adopted by reference by
				K.A.R.
				28-31-124 through
				28-31-279, the following
				substitutions shall be made unless otherwise specified in
				K.A.R.
				28-31-124 through
				28-31-279:
(a) Qualified geologist. The term "qualified
			 geologist" shall be replaced with "Kansas licensed geologist."
(b) Qualified soil scientist. The term
			 "qualified soil scientist" shall be replaced with "Kansas licensed
			 geologist."
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 31 - HAZARDOUS WASTE MANAGEMENT STANDARDS AND REGULATIONS › Section 28-31-100r - Substitution of state terms for federal terms; RCRA

Current
			 through Register Vol. 43, No. 28, July 11, 2024
When used in any provision of 40 CFR part 124, parts 260
				through 266, or part 268, 270, 273, or 279, as adopted by reference by
				K.A.R.
				28-31-124 through
				28-31-279, the following
				substitutions shall be made unless otherwise specified in
				K.A.R.
				28-31-124 through
				28-31-279:
(a) General references to the RCRA program
			 and subtitle C.
(1) The following terms shall
			 be replaced with "Kansas hazardous waste program" or "the Kansas hazardous
			 waste program" except as noted in paragraphs (2) and (3) and subsections (o)
			 through (q):
(A) "RCRA";
(B) "RCRA hazardous waste";
(C) "RCRA hazardous waste
			 management";
(D) "RCRA
			 program";
(E) "RCRA subtitle
			 C";
(F) "[r]esource Conservation
			 and Recovery Act";
(G) "[r]esource
			 Conservation and Recovery Act as amended (RCRA)";
(H) "[r]esource Conservation and Recovery Act
			 of 1976 as amended";
(I)
			 "[s]ubtitle C";
(J) "subtitle C of
			 RCRA"; and
(K) "subtitle C of the
			 Resource Conservation and Recovery Act (RCRA)."
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 31 - HAZARDOUS WASTE MANAGEMENT STANDARDS AND REGULATIONS › Section 28-31-100s - Substitution of state terms for federal terms; state

Current
			 through Register Vol. 43, No. 28, July 11, 2024
When used in any provision of 40 CFR part 124, parts 260
				through 266, or part 268, 270, 273, or 279, as adopted by reference by
				K.A.R.
				28-31-124 through
				28-31-279, the following
				substitutions shall be made unless otherwise specified in
				K.A.R.
				28-31-124 through
				28-31-279:
(a) The following terms when used in the
			 singular shall be replaced with "state of Kansas" or "the state of Kansas"
			 except as noted in subsections (b) and (c):
(1) "State" and "a State" when referring to a
			 political entity;
(2) "approved
			 State" and "an approved State"; and
(3) "authorized State" and "an authorized
			 State."
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 31 - HAZARDOUS WASTE MANAGEMENT STANDARDS AND REGULATIONS › Section 28-31-124 - Procedures for permitting; adoption and modification of federal regulations

Current through Register Vol. 43, No. 28,
			 July 11, 2024
(a)
			 Adoption. The provisions of 40 CFR 124.11 through
			 124.17 and 40 CFR part 124,
			 subparts B and G, as in effect on July 1, 2006, are hereby adopted by reference
			 subject to the following:
(1) The
			 substitution of terms listed in K.A.R. 28-31-100 through 28-31-100s ;
(2) the exclusions from adoption listed in
			 subsection (b); and
(3) the
			 modifications listed in subsection (c).
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 31 - HAZARDOUS WASTE MANAGEMENT STANDARDS AND REGULATIONS › Section 28-31-124a - Procedures for permitting; application for a permit

Current
			 through Register Vol. 43, No. 28, July 11, 2024
Each reference in this regulation to 40 CFR part 270 shall
				mean 40 CFR part 270 as adopted by reference in
				K.A.R.
				28-31-270.
(a) Each person that is required to have a
			 Kansas hazardous waste facility permit, as specified in 40 CFR part 270,
			 K.S.A.
			 65-3433 and amendments thereto, or
			 K.S.A.
			 65-3437 and amendments thereto, shall submit
			 a completed, signed application to the department.
(b) Before submitting the application, the
			 applicant shall submit to the department a disclosure statement that contains
			 all information necessary for the secretary to conduct the background
			 investigation required by
			 K.S.A.
			 65-3437, and amendments thereto.
(1) The disclosure statement shall be
			 submitted on forms provided by the department.
(2) If there is a parent company, the parent
			 company shall submit a separate disclosure statement to the department on forms
			 provided by the department.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 31 - HAZARDOUS WASTE MANAGEMENT STANDARDS AND REGULATIONS › Section 28-31-124b - Procedures for permitting; modification, revocation and reissuance, or termination of permits

Current through Register Vol. 43, No. 28,
			 July 11, 2024
Each reference in this regulation to a federal regulation shall
				mean that federal regulation as adopted by reference in
				K.A.R.
				28-31-124 through
				28-31-279.
(a) Reasons for modification, revocation and
			 reissuance, or termination of a permit. A permit may be modified, revoked and
			 reissued, or terminated by the secretary only for the reasons specified in
			 40 CFR
			 270.41,
			 40 CFR
			 270.43, and
			 K.S.A.
			 65-3439 and amendments thereto.
(b) Request for modification, revocation and
			 reissuance, or termination of a permit. Any person, including the permittee or
			 the secretary, may request that a permit be modified, revoked and reissued, or
			 terminated. Each request shall be submitted to the department in writing and
			 shall contain the facts and reasons supporting the request.
(c) Procedures for modification or for
			 revocation and reissuance of a permit. Modification of a permit, and revocation
			 and reissuance of a permit, shall be subject to the following requirements:
(1) A draft permit shall be prepared by the
			 department if either of the following occurs:
(A) The secretary tentatively decides to
			 modify or to revoke and reissue a permit according to the criteria specified in
			 40 CFR
			 270.41, other than
			 40 CFR
			 270.41(b)(3).
(B) The permittee requests a modification in
			 accordance with 40 CFR
			 270.42(c).
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 31 - HAZARDOUS WASTE MANAGEMENT STANDARDS AND REGULATIONS › Section 28-31-124c - Procedures for permitting; draft permits

Current through
			 Register Vol. 43, No. 28, July 11, 2024
Each reference in this regulation to a federal regulation
				shall mean that federal regulation as adopted by reference in
				K.A.R.
				28-31-124 through
				28-31-279.
(a) Each permit application shall be reviewed
			 by the secretary to determine compliance with the requirements of the hazardous
			 waste regulations.
(b) If the
			 permit application does not meet the requirements of this article, the
			 application shall be denied by the secretary.
(c) If the application meets the requirements
			 of this article, a draft permit shall be prepared by the secretary according to
			 the following criteria:
(1) The draft permit
			 shall contain the following information:
(A)
			 All conditions specified in 40 CFR 270.30 and
			 270.32;
(B) all compliance schedules specified in
			 40 CFR
			 270.33;
(C) all monitoring requirements specified in
			 40 CFR
			 270.31; and
(D) standards for treatment, storage, or
			 disposal, or any combination of these activities, and other permit conditions
			 under 40 CFR
			 270.30.