Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 29 - SOLID WASTE MANAGEMENT › Section 28-29-104 - Design standards

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) General design
			 standards.
(1) Existing units. Any portion of
			 a trench or area of an existing unit not filled to its permitted design
			 capacity by October 9, 1996, shall be considered a vertical expansion subject
			 to the standards in K.A.R. 28-29-104(a)(2), or a new unit subject to the
			 standards in K.A.R. 28-29-104(a)(3).
(2) Vertical expansions.
(A) Any proposed vertical expansion shall be
			 considered a significant modification to the facility and subject to permit
			 modification procedural requirements.
(B) Any proposed vertical expansion shall
			 meet the following requirements, in addition to any other applicable MSWLF
			 regulations.
(i) A hydrogeologic site
			 assessment shall be conducted in compliance with K.A.R. 28-29-104(b).
(ii) A groundwater monitoring well
			 system shall be in place, pursuant to K.A.R. 28-29-111.
(iii) The owner or operator shall operate the
			 landfill in a manner that minimizes leachate generation.
(iv) If groundwater contamination is
			 detected, the owner or operator of the proposed vertical expansion shall
			 initiate an assessment of corrective measures, pursuant to K.A.R.
			 28-29-114(a)(1).
(v) The final
			 cover design shall meet the requirements of K.A.R. 28-29-121(e)(1).
(vi) Local planning and zoning approval shall
			 be obtained from the appropriate jurisdictional body.
(vii) The owner or operator shall secure
			 certification from the board of county commissioners that the vertical
			 expansion is in conformance with the official county or regional solid waste
			 management plan.
(C) A
			 vertical expansion over a closed unit which has received final cover shall be
			 classified as a new unit, and therefore subject to the design standards for new
			 units.
(D) In evaluating a
			 proposed vertical expansion, the department shall consider the following
			 factors:
(i) The impact of the proposed
			 vertical expansion on human health and the environment rather than other
			 alternatives, including a new unit;
(ii) the capacity needs of the community or
			 communities and the region using the landfill;
(iii) the proposed operating life of the
			 vertical expansion; and
(iv) the
			 inclusion or exclusion of the landfill in a regional solid waste management
			 plan.
(E) The
			 expiration date for a permit modified to allow for a vertical expansion shall
			 not exceed five years from the date the modified permit is issued. At the end
			 of the initial five year period, and any subsequent five year period, the owner
			 may submit a request for an additional five-year permit. The request shall
			 include an assessment of the environmental impact of the vertical expansion.
			 Based on an evaluation of the environmental impact, the permit shall either be
			 denied, or renewed for a period not to exceed five additional years by the
			 director.
(3) New
			 units.
(A) All new units shall be equipped
			 with a leachate drainage and collection system and liner designed as an
			 integrated system in compliance with the requirements of this section.
(B) The design period for new
			 municipal landfills shall be the estimated operating life plus 30 years of
			 post-closure care.