reglab/statecodes huggingface dataset:
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 29 - SOLID WASTE MANAGEMENT › Section 28-29-332 - Control of hazardous and explosive gases at C&D landfills; additional design, operating, and postclosure requirements

Current
			 through Register Vol. 43, No. 28, July 11, 2024
The owner or operator of each disposal unit at a C&D
				landfill that meets the conditions of
				K.A.R.
				28-29-330 for determining the applicability
				of additional design, operating, and postclosure requirements shall comply with
				the following requirements:
(a) The
			 owner or operator shall design, construct, and operate the disposal unit to
			 prevent contact water from accumulating in the waste.
(b) The owner or operator shall perform both
			 of the following:
(1) Demonstrate whether it
			 will be necessary to pump contact water out of the landfill after the landfill
			 closes in order to prevent contact water from accumulating in the waste;
			 and
(2) include this information in
			 the operating plan.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 29 - SOLID WASTE MANAGEMENT › Section 28-29-333 - Control of hazardous and explosive gases at C&D landfills; response, assessment monitoring, and corrective action

Current through
			 Register Vol. 43, No. 28, July 11, 2024
The owner or operator of each C&D landfill shall comply
				with the following:
(a) Identification
			 of potential problem. If the owner or operator observes or is informed of any
			 indication of a release of landfill gas, the owner or operator shall perform
			 the following:
(1) Immediately assess the
			 potential danger posed to human health and safety;
(2) immediately take all the steps necessary
			 to ensure protection of human health and safety;
(3) notify the department of the observation
			 or information within two business days; and
(4) in consultation with the department,
			 implement appropriate action to assess the concentrations of gas at the
			 landfill.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 29 - SOLID WASTE MANAGEMENT › Section 28-29-501 - Uncontaminated soil

Current through Register Vol. 43, No. 28, July
			 11, 2024
For the purposes of
				K.S.A.
				65-3402 and amendments thereto,
				"uncontaminated soil" shall mean soil that meets all the following
				conditions:
(a) The soil meets the
			 definition of "construction and demolition waste" in
			 K.S.A.
			 65-3402, and amendments thereto.
(b) The soil has not been generated at a
			 facility that is under state or federal oversight for the investigation or
			 cleanup of contamination, unless the state or federal project manager who is
			 providing the oversight approves the use of the soil as clean rubble, as
			 defined in
			 K.S.A.
			 65-3402 and amendments thereto.
(c) The soil exhibits no characteristic that
			 would be expected to create either of the following if the soil is managed as
			 clean rubble:
(1) An odor or other nuisance
			 that would be offensive to a reasonable person; or
(2) an obvious risk to human health or safety
			 or the environment, due to any physical or chemical property of the
			 soil.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 29 - SOLID WASTE MANAGEMENT › Section 28-29-1100 - Household hazardous waste. General

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Applicability.
			 K.A.R. 28-29-1100 through K.A.R. 28-29-1107 shall apply to each household
			 hazardous waste facility as defined in
			 K.S.A.
			 65-3402, and amendments thereto. Subsection
			 (f) of this regulation shall apply to collection events that take place at a
			 site that is not a permanent household hazardous waste collection site. The
			 standards in these regulations shall not exempt any materials from applicable
			 state or federal regulations that are more stringent than these regulations. In
			 each case in which the requirements of the household hazardous waste
			 regulations K.A.R. 28-29-1100 through K.A.R. 28-29-1107 conflict with the
			 requirements of the administrative procedure and solid waste management
			 regulations in K.A.R. 28-29-6 through K.A.R. 28-29-23, the requirements of
			 K.A.R. 28-29-1100 through K.A.R. 28-29-1107 shall control.
(b) Definitions. For the purposes of these
			 regulations, the following definitions shall apply:
(1) "Household hazardous waste" or "HHW"
			 means household waste that would be determined to be hazardous waste according
			 to K.A.R. 28-31-4 (b) if the waste were not household waste.
(2) "Nonhazardous household waste" or "NHHW"
			 means household waste that is not HHW.
(3) "Small quantity generator" shall have the
			 meaning specified in K.A.R. 28-31-2.
(4) "USDOT hazard class or division" means
			 the hazard class or division defined by the United States department of
			 transportation and adopted by reference in K.A.R. 28-31-4 (e).
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 29 - SOLID WASTE MANAGEMENT › Section 28-29-1101 - Household hazardous waste facility design

Current through Register Vol. 43, No. 28, July 11,
			 2024
The owner or operator of each HHW facility shall perform the
				following:
(a) Design and construct
			 each access road to accommodate expected traffic flow in a safe and efficient
			 manner;
(b) construct the floor or
			 base of each household waste receiving area and each processing area of
			 concrete or asphalt;
(c) design
			 and construct each storage area for household waste, except used oil stored in
			 tanks, with a weather-resistant, permanent roof; and
(d) provide secondary containment for all HHW
			 stored for disposal or recycling. The secondary containment shall be capable of
			 containing either 110 percent of the volume of the largest container or 10
			 percent of the total volume of all the containers, whichever is greater.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 29 - SOLID WASTE MANAGEMENT › Section 28-29-1102 - Household hazardous waste facility operations

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Nonhazardous
			 household waste.
(1) Each HHW facility
			 operator shall store and manage all NHHW according to the facility's operating
			 plan and the following requirements:
(A)
			 Place the NHHW in the designated area, as described in the facility operating
			 plan, within one week after it is received;
(B) ensure that each NHHW storage container
			 or each NHHW storage area has a label or sign designating its contents;
(C) when NHHW is present, inspect
			 all NHHW storage areas weekly to assess waste volume and container integrity,
			 and document these inspections in a log that is dated and either signed or
			 initialed by the person who conducted the inspection; and
(D) store NHHW to be distributed for use in a
			 manufacturer's original container or, for latex paint, in a compatible
			 container provided by the HHW facility. Each container that will be distributed
			 for use shall be labeled, closed, and nonleaking.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 29 - SOLID WASTE MANAGEMENT › Section 28-29-1103 - Mobile HHW collection units

Current through Register Vol. 43, No. 28, July 11,
			 2024
Each permitted facility that transports HHW from a temporary
				collection site or from a satellite HHW facility to a permitted HHW facility
				shall perform the following:
(a)
			 Clearly mark "Household hazardous waste" on both sides of the mobile collection
			 unit;
(b) separate all HHW by
			 USDOT hazard class or division before transport;
(c) lab pack or overpack the household waste
			 in containers meeting the USDOT manufacturing and testing specifications for
			 transportation of hazardous materials, as adopted by reference in K.A.R.
			 28-31-4 (e);
(d) label the
			 containers with a USDOT hazard class or division label or sign;
(e) seal and secure all containers for
			 transport; and
(f) during
			 transportation, carry a bill of lading describing the USDOT hazard class or
			 division and the approximate quantities of the contents of the mobile
			 collection unit.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 29 - SOLID WASTE MANAGEMENT › Section 28-29-1104 - Satellite HHW facilities

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) "Satellite HHW
			 facility" shall mean any permanent HHW collection site, located away from the
			 central collection center, that is part of a permitted HHW program.
(b) Each person who owns or operates a
			 satellite HHW facility shall meet all of the following requirements:
(1) The HHW satellite facility shall be
			 described in the approved operating plan of the permitted HHW facility or
			 facilities with which the satellite HHW facility is associated.
(2) The owner or operator of the satellite
			 HHW facility shall submit an operating plan, a facility drawing, and a
			 description of any HHW storage cabinets to the department.
(3) A copy of each bill of lading used for
			 transporting HHW to the central collection center shall be maintained at the
			 satellite HHW facility for a period of three years.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 29 - SOLID WASTE MANAGEMENT › Section 28-29-1105 - HHW reporting and recordkeeping

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) The owner or
			 operator of each HHW facility shall submit an annual report to the department
			 on a form furnished by the department.
(b) The owner or operator of each HHW
			 facility shall maintain a copy of the approved design plan, closure plan, and
			 all modifications to the plans, at the facility or at another location
			 designated in the facility operating plan, until the facility closes.
(c) The owner or operator of each
			 HHW facility shall maintain at the facility a copy of the approved operating
			 plan and all modifications to the plan, until the facility closes.
(d) The owner or operator of each HHW
			 facility shall maintain the following records at the facility or at another
			 location designated in the facility operating plan, for at least three years:
(1) Copies of the annual report;
(2) training records;
(3) bills of lading:
(4) hazardous waste manifests;
(5) land disposal restriction notifications;
(6) weekly inspection records; and
(7) notification of changes to
			 approved design, operations, and closure plans.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 29 - SOLID WASTE MANAGEMENT › Section 28-29-1106 - HHW facility closure

Current through Register Vol. 43, No. 28, July 11,
			 2024
The owner or operator of each HHW facility shall meet the
				following requirements:
(a) Notify
			 the department at least 60 days before beginning closure;
(b) remove all household waste within 90 days
			 after last receiving waste; and
(c) submit to the department certification
			 that the facility has closed in accordance with the specifications in the
			 approved closure plan.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 29 - SOLID WASTE MANAGEMENT › Section 28-29-1107 - HHW permits

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Each person
			 that plans to establish an HHW facility shall submit a permit application to
			 the department on a form supplied by the department. The applicant shall
			 include with the permit application the following items:
(1) Facility design plan. The facility design
			 plan shall include all of the following information:
(A) The type, size, and location of the
			 facility;
(B) a regional plan or a
			 map showing the service area;
(C)
			 a vicinity plan or map that depicts the following features and information:
(i) Residences, wells, surface waters, and
			 access roads within 0.5 mile of the site boundaries, and any other existing or
			 proposed man-made or natural features relating to the project;
(ii) adjacent zoning and land use; and
(iii) evidence that the facility
			 will not be located within the 100-year floodplain;
(D) a topographic map showing elevation
			 contours;
(E) a site plan
			 depicting the following features:
(i) On-site
			 and off-site utilities, including electricity, gas, and water;
(ii) storm and sanitary sewer systems;
(iii) right-of-ways; and
(iv) the location of buildings and
			 appurtenances, fences, gates, roads, paved lots, parking areas, drainage,
			 culverts, and signs; and
(F) detailed plans depicting the following
			 features:
(i) Building elevation and plan
			 view;
(ii) building floor plans,
			 shelving plans, appurtenances, and necessary detail sections to include
			 electrical and mechanical systems;
(iii) designated areas for activities to be
			 conducted at the facility, including receipt, segregation, bulking,
			 distribution, packaging, and storage of household waste; and
(iv) entrance area gates, fencing, and signs.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 29 - SOLID WASTE MANAGEMENT › Section 28-29-1600 - Land-spreading; definitions and adoptions

Current through Register
			 Vol. 43, No. 28, July 11, 2024
(a) As used in K.A.R. 28-29-1600 through
			 K.A.R. 28-29-1608, each of the following terms shall have the meaning specified
			 in this regulation:
(1) "Application" means
			 land-spreading application. This term shall include the forms provided by the
			 KCC and all other required submissions.
(2) "Department" means Kansas department of
			 health and environment.
(3)
			 "Drilling waste" means used drilling mud and cuttings generated by the drilling
			 of oil and gas wells or related injection wells that are permitted by the KCC
			 or by the equivalent permitting authority in the state in which the well is
			 located. This term shall not include hydraulic fracturing fluids.
(4) "GPS" means global positioning
			 system.
(5) "Habitable structure"
			 means any structure that is occupied by humans or maintained in a condition
			 that allows it to be occupied by humans. This term shall include dwellings,
			 churches, schools, care facilities, public buildings, office buildings,
			 commercial buildings, and industrial buildings.
(6) "KCC" means Kansas corporation
			 commission.
(7) "Land-spreading"
			 means the disposal of drilling waste by spreading the drilling waste on the
			 land. This term shall not include the use of drilling waste as a product, as
			 described in
			 K.S.A.
			 65-3409 and amendments thereto, including the
			 use of drilling waste in the construction and maintenance of roads and
			 ponds.
(8) "Land-spreading
			 worksheet" means the land-spreading rate calculation worksheet provided by the
			 KCC.
(9) "NORM" means naturally
			 occurring radioactive material.
(10) "NORM level" means the concentration of
			 residual NORM radium-226 and radium-228 and their progeny as measured in
			 becquerels per kilogram (Bq/kg) or picocuries per gram (pCi/g).
(11) "Operator" means operator, as defined in
			 K.A.R. 82-3-101, of each well that generated the drilling waste.
(12) "Secretary" means secretary of health
			 and environment.
(13) "Water-based
			 drilling mud" means drilling mud that meets both of the following conditions:
(A) The drilling mud consists primarily of
			 bentonite suspended in water.
(B)
			 The liquid component of the drilling mud consists of no more than six percent
			 oil or any oil derivative, including diesel fuel and asphalt blend
			 oil.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 29 - SOLID WASTE MANAGEMENT › Section 28-29-1601 - Land-spreading; general requirements

Current through Register Vol.
			 43, No. 28, July 11, 2024
(a) No person may land-spread without having
			 obtained prior written approval from the KCC. Before drilling, each operator
			 that wants to land-spread shall submit an application to the KCC.
(b) If the proposed land-spreading disposal
			 area is more than 160 acres, the operator shall submit two or more applications
			 for the disposal area. Each application shall describe no more than 160
			 acres.
(c) The approval shall
			 remain in effect for three years after the date on which land-spreading
			 commenced, with the following exceptions:
(1)
			 If land-spreading has not commenced within one year after the approval is
			 granted, the approval shall expire.
(2) One or more one-year extensions to the
			 approval may be granted by the director of the KCC's conservation division
			 based on the following:
(A) Certification
			 from the operator that the information in the approved application has not
			 changed; and
(B) the operator's
			 history of compliance with the requirements of K.A.R. 28-29-1600 through
			 28-29-1608.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 29 - SOLID WASTE MANAGEMENT › Section 28-29-1602 - Land-spreading; application

Current through Register Vol. 43, No. 28,
			 July 11, 2024
Each operator that submits an application shall provide the
				operator name and the lease name on each part of the application that is not
				submitted directly on the forms provided by the KCC. The operator shall include
				the following items in the application:
(a) A nonrefundable application fee, as
			 specified in
			 K.S.A.
			 65-3407c and amendments thereto;
(b) certification that the drilling waste or
			 the disposal site meets each of the following conditions:
(1) The drilling mud that will be used in
			 each well that produces the drilling waste is water-based drilling
			 mud;
(2) the predicted NORM level
			 of the drilling waste meets the requirements of K.A.R. 28-29-1604. The operator
			 shall submit an affidavit and supporting documentation as required by K.A.R.
			 28-29-1602(d)(7);
(3) no
			 land-spreading has occurred at the disposal site in the past three
			 years;
(4) the chloride
			 concentration in the soil at the disposal site meets the requirements of K.A.R.
			 28-29-1604;
(5) the location of the
			 disposal site meets the buffer zone requirements of K.A.R.
			 28-29-1604;
(6) the maximum slope
			 at the site is eight percent or less;
(7) the depth of unconsolidated material at
			 the surface is at least 24 inches;
(8) the soil at the site meets the
			 requirements of K.A.R. 28-29-1604;
(9) based on historical data or site
			 conditions, the groundwater elevation in the uppermost aquifer underlying the
			 disposal site is at least 10 feet below the ground surface;
(10) if the disposal site is irrigated, the
			 chloride concentration of the irrigation water is less than 350 ppm;
			 and
(11) there is no chloride
			 groundwater contamination below the disposal site, based on the chloride
			 contamination map provided by the department;
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 29 - SOLID WASTE MANAGEMENT › Section 28-29-1603 - Land-spreading; sampling and analysis of soils

Current through
			 Register Vol. 43, No. 28, July 11, 2024
Each operator that submits an application to the KCC shall meet
				all of the following requirements:
(a)
			 Sample collection for chloride analysis. For each cell, as identified on the
			 cell identification map submitted with the application, at least four
			 representative core samples shall be collected according to the following
			 requirements:
(1) Each core shall sample the
			 top 12 inches below the surface.
(2) For each cell, all samples from that cell
			 shall be combined and thoroughly mixed.
(3) The combined samples from each cell shall
			 have a volume of at least one pint.
(4) The label of each sample shall match the
			 unique label of the cell from which the sample was collected, as indicated on
			 the cell identification map submitted with the application.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 29 - SOLID WASTE MANAGEMENT › Section 28-29-1604 - Land-spreading; conditions for disposal

Current through Register Vol.
			 43, No. 28, July 11, 2024
Disposal of drilling waste by land-spreading shall be approved
				by the KCC only if the operator has certified, and provided supporting
				documentation if required by
				K.A.R.
				28-29-1602, that the drilling waste and the
				disposal site meet all of the following conditions:
(a) Drilling waste. The drilling waste meets
			 both of the following conditions:
(1) The
			 drilling mud that will be used in each well that will produce the drilling
			 waste is water-based drilling mud.
(2) The predicted NORM level, as defined in
			 K.A.R. 28-29-1600, meets both of the following conditions:
(A) The maximum predicted NORM level is no
			 more than 1.5 times the highest NORM level found in drilling waste samples
			 collected from Kansas wells.
(B)
			 The maximum predicted NORM level is no more than 370 Bq/kg (10
			 pCi/g).
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 29 - SOLID WASTE MANAGEMENT › Section 28-29-1605 - Land-spreading; sampling and analysis of drilling waste

Current
			 through Register Vol. 43, No. 28, July 11, 2024
Each operator that conducts land-spreading shall meet all of
				the following requirements:
(a)
			 Samples of the drilling waste shall be collected using a procedure that ensures
			 that the samples are representative of the waste.
(b) Samples shall be collected according to
			 the following rates:
(1) For drilling waste
			 stored in tanks, at least one sample from each tank;
(2) for earthen pits containing not more than
			 12,500 barrels of drilling waste, at least four samples, each from a different
			 quadrant of the pit; and
(3) for
			 earthen pits containing more than 12,500 barrels of drilling waste, at least
			 one sample from each quadrant of the pit, plus at least one additional sample
			 for every additional 1,000 barrels of drilling waste contained in the
			 pit.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 29 - SOLID WASTE MANAGEMENT › Section 28-29-1606 - Land-spreading; determination of land-spreading rates

Current through
			 Register Vol. 43, No. 28, July 11, 2024
Before land-spreading may occur, each operator that plans to
				land-spread shall perform the following for each cell, as identified on the
				cell identification map, on which drilling waste will be land-spread:
(a) Analyze the drilling waste to be
			 land-spread at the disposal site to determine the chloride concentration, as
			 specified in K.A.R. 28-29-1605; and
(b) based on the chloride concentrations of
			 the drilling waste and chloride concentrations of the soil in the cell,
			 determine the maximum land-spreading rate according to the following
			 requirements:
(1) The determination shall be
			 based on the land-spreading worksheet; and
(2) the land-spreading rate shall ensure
			 that, after land-spreading, both of the following requirements are met:
(A) Assuming uniform distribution of the
			 chloride through the upper 12 inches of the soil, the total chloride
			 concentration shall be 900 ppm or less; and
(B) the average thickness of the drilling
			 waste across the site shall be no greater than two inches, and the drilling
			 waste shall be distributed as uniformly as possible across the site.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 29 - SOLID WASTE MANAGEMENT › Section 28-29-1607 - Land-spreading; operating and management requirements

Current through
			 Register Vol. 43, No. 28, July 11, 2024
Each operator that conducts land-spreading shall meet all of
				the following requirements:
(a)
			 Storage of drilling waste. The operator shall store the drilling waste at the
			 site of generation in pits permitted by the KCC or in tanks until the drilling
			 waste is transported to the disposal site. The operator may store drilling
			 waste in sealed tanks at the disposal site for no more than 24 hours before the
			 drilling waste is land-spread.
(b)
			 Time frame for land-spreading. The operator shall comply with the following:
(1) Complete the land-spreading within the
			 approval period specified in K.A.R. 28-29-1601; and
(2) notify the appropriate KCC district
			 office at least 48 hours before land-spreading.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 29 - SOLID WASTE MANAGEMENT › Section 28-29-1608 - Land-spreading; reporting and recordkeeping

Current through Register
			 Vol. 43, No. 28, July 11, 2024
Each operator that has conducted land-spreading shall meet all
				of the following requirements for each land-spreading site:
(a) Within 60 days after the conclusion of
			 land-spreading, submit a land-spreading report to the KCC. The operator shall
			 identify each part of the report by the KCC land-spreading approval number from
			 the approved application. The land-spreading report shall contain the following
			 items:
(1) The following information for each
			 well from which the drilling waste was generated, on a form provided by the
			 KCC:
(A) The operator name and license
			 number;
(B) if the well is
			 permitted in a state other than Kansas, the name and telephone number of the
			 state authority that permitted the well;
(C) the location of the well, including the
			 following:
(i) The state and county in which
			 the well is located;
(ii) the legal
			 description of the well;
(iii) the
			 number of feet the well is located from the north or south section line and the
			 east or west section line; and
(iv)
			 the latitude and longitude of the well, as determined using GPS;
(D) the lease name;
(E) the well number;
(F) the American petroleum institute (API)
			 number;
(G) the spud date, as
			 defined in K.A.R. 82-3-101;
(H)
			 verification that the drilling mud components are the same as those components
			 identified on the approved application;
(I) verification that the chloride
			 concentration of the drilling waste is less than 10,000 parts per million
			 (ppm); and
(J) the following
			 information about the person performing the land-spreading, if different from
			 the operator:
(i) The name of the individual
			 or company;
(ii) the contact
			 person's name;
(iii) the contact
			 person's telephone number or cellular phone number, or both; and
(iv) the contact person's electronic mail
			 address, if there is one;
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 29 - SOLID WASTE MANAGEMENT › Section 28-29-2011 - Waste tire permit fees

Current through Register Vol. 43, No. 28, July 11,
			 2024
For each permit required in
				K.S.A.
				65-3424b and amendments thereto, the
				applicant or permittee shall pay the applicable fee according to the following
				schedules.
(a) Permit application
			 fees.
Mobile waste tire processor ......$250
Waste tire collection center .....$100
Waste tire processing facility ...$250
Waste tire transporter ...........$100
(b) Annual permit renewal fees.
Mobile waste tire processor ......$100
Waste tire collection center .....$50
Waste tire processing facility ...$100
Waste tire transporter ...........$50
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 29 - SOLID WASTE MANAGEMENT › Section 28-29-2101 - Financial assurance for closure and postclosure

Current through Register Vol. 43, No. 28, July 11,
			 2024
In
				K.A.R.
				28-29-2101 through
				K.A.R.
				28-29-2113, "facility" shall mean a solid
				waste disposal area, a solid waste processing facility, or both.
(a) Evidence of financial assurance. The
			 owner or operator of each facility shall submit to the department evidence of
			 financial assurance for the facility for the cost of closure, postclosure, or
			 both, as specified in
			 K.S.A.
			 65-3407, and amendments thereto. The
			 financial assurance shall meet the following requirements:
(1) Be continuous during the active life of
			 the facility and the required postclosure care period;
(2) be in an amount that is equal to or
			 greater than the accepted or revised amount as specified in subsection (e) of
			 this regulation;
(3) be available
			 when needed; and
(4) be legally
			 enforceable.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 29 - SOLID WASTE MANAGEMENT › Section 28-29-2102 - Financial assurance for corrective action

Current through Register Vol. 43, No. 28, July 11,
			 2024
Reference to the "facility" in these financial assurance
				regulations shall mean a solid waste disposal area or a solid waste processing
				facility, or both.
(a) Requirement to
			 provide financial assurance. Each owner or operator of a facility who is
			 required to undertake a corrective action program pursuant to the provisions of
			 K.A.R. 28-29-114, or by order of any court of competent jurisdiction, shall
			 provide evidence of financial responsibility for the cost of corrective action
			 in the manner and form prescribed by these financial assurance regulations.
			 Each owner or operator required to perform corrective action for a facility
			 shall provide and maintain financial assurance that is continuous, adequate in
			 amount, available when needed, and legally enforceable.
(b) Financial assurance methods. Allowable
			 financial assurance methods shall be those specified in K.A.R. 28-29-2101(b).
(c) Provider of the financial
			 assurance. The financial assurance for corrective action shall be supplied by
			 one of the providers specified in K.A.R. 28-29-2101(c).
(d) Demonstration of financial assurance,
			 when required. Each owner or operator required to undertake a program of
			 corrective action shall provide a demonstration of financial assurance to the
			 department at the following times:
(1) Within
			 120 days following whichever of the following dates is earliest:
(A) The date that the selected remedy was
			 filed with the department by the owner or operator according to the provisions
			 of K.A.R. 28-29-114(b); or
(B) the
			 date that the secretary informed the facility of the amount of financial
			 assurance required based on a probable remedial cost estimate; and
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 29 - SOLID WASTE MANAGEMENT › Section 28-29-2103 - Financial assurance provided by a funded trust fund

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Funded trust
			 fund. Any owner or operator of a solid waste disposal area or processing
			 facility may satisfy the requirements of K.A.R. 28-29-2101 or K.A.R.
			 28-29-2102, or both, by establishing a trust fund that conforms to the
			 requirements of this regulation and by submitting a copy of the trust
			 agreement, with an original signature, to the department.
(1) Each owner or operator of a new facility
			 shall submit to the department a copy of the trust agreement, with an original
			 signature, for closure or postclosure, or both, before the permit is issued by
			 the department.
(2) Each owner or
			 operator required to provide financial assurance for a corrective action plan
			 shall submit to the department a copy of the trust agreement, with an original
			 signature, within the times specified in K.A.R. 28-29-2102(d).
(3) The trustee financial institution shall
			 meet the following criteria:
(A) Be unrelated
			 to the owner or operator;
(B) have
			 the authority to act as trustee for the facility in the state of Kansas; and
(C) be a trust operation regulated
			 and examined by a state or federal agency.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 29 - SOLID WASTE MANAGEMENT › Section 28-29-2104 - Financial assurance provided by a surety bond guaranteeing payment

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Financial
			 guarantee bond. Any owner or operator of a permitted solid waste disposal area
			 or processing facility may satisfy the requirements of K.A.R. 28-29-2101 or
			 K.A.R. 28-29-2102, or both, by obtaining a financial guarantee bond that
			 conforms to the requirements of this regulation and by submitting the original
			 bond to the department.
(1) Each owner or
			 operator of a new facility shall submit to the department the bond for closure
			 or postclosure, or both, before the permit is issued by the department.
(2) Each owner or operator
			 required to provide financial assurance for a corrective action plan shall
			 submit the bond to the department within the times specified in K.A.R.
			 28-29-2102(d).
(3) The surety
			 institution shall meet the following criteria:
(A) Be unrelated to the owner or operator;
(B) have the authority to issue
			 surety bonds in Kansas; and
(C) be
			 listed as an acceptable surety institution on federal bonds.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 29 - SOLID WASTE MANAGEMENT › Section 28-29-2105 - Financial assurance provided by a surety bond guaranteeing performance

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Performance
			 guarantee bond. Any owner or operator of a permitted solid waste disposal area
			 or processing facility may satisfy the requirements of K.A.R. 28-29-2101 or
			 K.A.R. 28-29-2102, or both, by obtaining a performance guarantee bond that
			 conforms to the requirements of this regulation and by submitting the original
			 bond to the department.
(1) Each owner or
			 operator of a new facility shall submit to the department the bond for closure
			 or postclosure, or both, before the permit is issued by the department.
(2) Each owner or operator
			 required to provide financial assurance for a corrective action plan shall
			 submit the bond to the department within the times specified in K.A.R.
			 28-29-2102(d).
(3) The surety
			 institution shall meet the following criteria:
(A) Be unrelated to the owner or operator;
(B) have the authority to issue
			 surety bonds in Kansas; and
(C) be
			 listed as an acceptable surety institution on federal bonds.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 29 - SOLID WASTE MANAGEMENT › Section 28-29-2106 - Financial assurance provided by an irrevocable letter of credit

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Letter of
			 credit. Any owner or operator of a permitted solid waste disposal area or
			 processing facility may satisfy the requirements of K.A.R. 28-29-2101 or K.A.R.
			 28-29-2102, or both, by obtaining a letter of credit that conforms to the
			 requirements of this regulation and by submitting the original letter of credit
			 to the department.
(1) Each owner or operator
			 of a new facility shall submit to the department the letter of credit before
			 the permit is issued by the department.
(2) Each owner or operator required to
			 provide financial assurance for a corrective action plan shall submit the
			 letter of credit to the department within the times specified in K.A.R.
			 28-29-2102(d).
(3) The institution
			 issuing the letter of credit shall meet the following criteria:
(A) Be unrelated to the owner or operator;
(B) be authorized to issue letters
			 of credit in Kansas; and
(C)
			 conduct letter of credit activities that are regulated by an agency of the
			 state or federal government.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 29 - SOLID WASTE MANAGEMENT › Section 28-29-2107 - Financial assurance provided by insurance

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Insurance
			 policy. Any owner or operator of a permitted solid waste disposal area or
			 processing facility may satisfy the requirements of K.A.R. 28-29-2101 or K.A.R.
			 28-29-2102, or both, by obtaining an insurance policy that conforms to the
			 requirements of this regulation and by submitting to the department a copy of
			 the insurance policy with an original signature, including all riders and
			 endorsements, and an insurance certificate.
(1) The owner or operator of a new facility
			 shall submit the insurance policy, riders, endorsements, and certificate to the
			 department before the permit is issued by the department.
(2) Each owner or operator required to
			 provide financial assurance for a corrective action plan shall submit the
			 insurance policy, riders, endorsements, and certificate to the department
			 within the times specified in K.A.R. 28-29-2102 (d).
(3) The insuring institution shall meet the
			 following criteria:
(A) Be unrelated to the
			 owner or operator;
(B) be licensed
			 to transact the business of insurance by an agency of a state; and
(C) be listed as a surplus or excess lines
			 carrier in Kansas.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 29 - SOLID WASTE MANAGEMENT › Section 28-29-2108 - Financial assurance provided by the corporate financial test

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Corporate
			 financial test. Any corporate owner or operator of a permitted solid waste
			 disposal area or processing facility may satisfy the requirements of K.A.R.
			 28-29-2101 or K.A.R. 28-29-2102, or both, by passing a financial test based on
			 the current financial condition of the permitted corporation as specified in
			 this regulation. Related corporations may not be summed or otherwise combined
			 for the purpose of the financial test, but majority-owned subsidiary
			 corporations of the permitted corporation may be consolidated.
(b) The financial component.
(1) The owner or operator shall satisfy one
			 of the following three conditions:
(A) A
			 current rating for its senior unsubordinated debt of AAA, AA, A, or BBB, as
			 issued by Standard & Poor's, or Aaa, Aa, A, or Baa, as issued by Moody's;
(B) a ratio of less than 1.5,
			 obtained by dividing total liabilities by net worth; or
(C) a ratio of greater than 0.10, obtained by
			 dividing the sum of net income plus depreciation, depletion, and amortization,
			 minus $10 million, by total liabilities.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 29 - SOLID WASTE MANAGEMENT › Section 28-29-2109 - Financial assurance provided by the corporate guarantee

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Corporate
			 guarantee. Any owner or operator of a permitted solid waste disposal area or
			 processing facility may meet the requirements of K.A.R. 28-29-2101 or K.A.R.
			 28-29-2102, or both, by obtaining a written guarantee for closure, postclosure,
			 or corrective action costs, or any combination of these as specified in this
			 regulation.
(1) The guarantor shall comply
			 with the following:
(A) The requirements for
			 owners or operators using the corporate financial test as specified in K.A.R.
			 28-29-2108(b);
(B) the record
			 keeping and reporting requirements in K.A.R. 28-29-2108(c); and
(C) the terms of the guarantee.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 29 - SOLID WASTE MANAGEMENT › Section 28-29-2110 - Financial assurance provided by the local government financial test

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Local
			 government financial test. Each owner or operator of a permitted solid waste
			 disposal area or processing facility that is a local government subdivision of
			 the state of Kansas may satisfy the requirements of K.A.R. 28-29-2101 or K.A.R.
			 28-29-2102, or both, for the closure, postclosure, or corrective action costs,
			 or any combination of these, for a municipal solid waste landfill by use of a
			 local government financial test as specified in this regulation.
(b) Definitions. The following terms used in
			 this regulation shall be defined as specified below:
(1) "Annual debt service" means the principal
			 and interest due on outstanding long-term debt during a stated time period,
			 typically the current fiscal year, and payments on capital lease obligations
			 during the same period.
(2) "Cash
			 plus marketable securities" means all the cash and marketable securities held
			 by the local government on the last day of a fiscal year but shall exclude the
			 following:
(i) Cash and marketable securities
			 designated to satisfy past obligations; and
(ii) cash and investments held in fiduciary
			 funds.
(3) "Current
			 year" means the most recently completed fiscal year.
(4) "Deficit" means total annual revenues
			 minus total annual expenditures.
(5) "Long-term debt issued in the current
			 year" means the amount of principal borrowing actually received during the
			 current year from the issue of obligations due more than one year from the date
			 of issue but shall exclude the following:
(i)
			 The amount of capital lease liability incurred during the year; and
(ii) the proceeds of any long-term borrowing
			 in the current year that remains in the capital projects fund at year's end.
(6) "Nonroutine capital
			 expenditures" means capital expenditures of the capital projects fund and
			 expenditures identified as capital outlays or asset additions in the audited
			 annual financial statements of other governmental funds and enterprise funds.
(7) "Total annual expenditures"
			 means the total of all expenditures but shall exclude the following:
(i) Debt principal repayments;
(ii) nonroutine capital expenditures; and
(iii) the expenditures of
			 fiduciary or other trust funds managed by a local government on behalf of
			 specific third parties.
(8) "Total annual revenues" means revenues
			 from all taxes, fees, investment earnings, and intergovernmental transfers but
			 shall exclude the following:
(i) The proceeds
			 from borrowing and asset sales; and
(ii) revenues of fiduciary or other trust
			 funds managed by a local government on behalf of specific third parties.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 29 - SOLID WASTE MANAGEMENT › Section 28-29-2111 - Financial assurance provided by a local government guarantee

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Local
			 government guarantee. Each owner or operator of a municipal solid waste
			 landfill may satisfy the requirements of K.A.R. 28-29-2101 or K.A.R.
			 28-29-2102, or both, by obtaining a written guarantee for closure, postclosure,
			 or corrective action costs, or any combination of these, that is provided by a
			 local government subdivision of the state of Kansas as specified in this
			 regulation. The guarantor shall comply with the following:
(1) The requirements of the financial
			 component for use of the local government financial test as specified in K.A.R.
			 28-29-2110(b);
(2) the public
			 notice requirements of K.A.R. 28-29-2110(c);
(3) the record keeping and reporting
			 requirements of K.A.R. 28-29-2110(d); and
(4) the terms of the guarantee.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 29 - SOLID WASTE MANAGEMENT › Section 28-29-2112 - Financial assurance provided by use of ad valorem taxing authority

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Ad valorem
			 taxing authority. Any owner or operator that is a local government subdivision
			 of the state of Kansas and that is permitted to own or operate a solid waste
			 disposal area or processing facility other than a municipal solid waste
			 landfill may use its statutory authority to assess and collect ad valorem taxes
			 to assure the closure, postclosure, or corrective action costs, or any
			 combination of these, of the facility as required by K.A.R. 28-29-2101 or
			 K.A.R. 28-29-2102, or both.
(b)
			 Proof of ad valorem taxing authority. Whenever required to do so by the
			 department, the local government owner or operator shall perform one of the
			 following:
(1) Provide evidence of currently
			 unused ad valorem taxing authority within any statutory tax limit or cap;
(2) provide analyses demonstrating
			 that the cost of closure, postclosure, corrective action, or any combination of
			 these, will be provided by ad valorem tax assessments within any statutory
			 limit or cap in future budgets at the time that closure, postclosure,
			 corrective action, or any combination of these, is required; or
(3) provide evidence demonstrating the
			 existence and amount of a governmental or enterprise fund containing monies
			 designated for use in providing closure, postclosure, corrective action, or any
			 combination of these, for the permitted facility.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 29 - SOLID WASTE MANAGEMENT › Section 28-29-2113 - Financial assurance provided by a simplified financial instrument

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Simplified
			 financial instrument.
(1) Any owner or
			 operator of a permitted solid waste disposal area or processing facility with a
			 current closure cost estimate equal to or less than $100,000, and with
			 financial assurance from a single provider for that facility, may provide
			 financial assurance in a simplified form of surety bond or letter of credit,
			 instead of by use of any other financial instrument specified in K.A.R.
			 28-29-2101(b). The owner or operator of the facility may, with the department's
			 approval, use an assigned certificate of deposit or assigned escrow account to
			 provide financial assurance if the facility closure cost estimate is $25,000 or
			 less.
(2) The simplified forms of
			 financial instruments specified in this regulation shall not be used to provide
			 financial assurance for the estimated cost of postclosure or corrective action.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 29 - SOLID WASTE MANAGEMENT › Section 28-29-2201 - Insurance for solid waste disposal areas and processing facilities

Current through Register Vol. 43, No. 28, July 11,
			 2024
Except as provided in subsection (d), each owner or operator of
				a permitted solid waste disposal area or processing facility shall secure and
				maintain liability insurance for claims arising from injuries to other parties,
				including bodily injury and property damage.
(a) Amount of liability coverage.
(1) The permit application shall be reviewed
			 by the department to determine the amount of insurance coverage that the owner
			 or operator shall secure and maintain for each disposal area or processing
			 facility, based on the types of waste disposed and on the location, area, and
			 geological characteristics of the site.
(2) Each owner or operator shall maintain
			 insurance that shall provide coverage, including completed operations coverage,
			 in the amount determined by the department but with commercial general
			 liability limits not less than $1,000,000 for each occurrence and $1,000,000
			 for the annual aggregate.
(3) Each
			 owner or operator shall maintain a policy that shall provide that the
			 deductible amount be first paid by the insurer upon establishment of the legal
			 liability of the insured, with full right of recovery from the insured. The
			 deductible amount shall not exceed 2.5% of the policy limit for single
			 occurrences.