Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 29 - SOLID WASTE MANAGEMENT › Section 28-29-23 - Standards for solid waste processing facilities and disposal areas

Current through Register Vol. 43, No. 28, July 11,
			 2024
All solid waste disposal areas and solid waste processing
				facilities shall be located, designed, operated and maintained in conformity
				with the following standards:
(a)
			 Acceptable methods of disposal. Nonhazardous solid wastes, industrial solid
			 wastes, and residues from solid waste processing facilities shall be disposed
			 of in a sanitary landfill. Nonputrescible rubble and demolition waste material
			 such as brick, mortar, broken concrete, and similar materials produced in
			 connection with the construction or demolition of buildings or other
			 structures, may be disposed of at a construction and demolition landfill.
(b) Acceptable methods for
			 processing. Combustible solid wastes may be burned in incinerators that conform
			 with the provisions of the air quality control act,
			 K.S.A.
			 65-3001 et seq. and the regulations adopted
			 under those statutes. Solid wastes may be shredded, separated, and consolidated
			 at shredding, separation, and transfer stations for which a permit has been
			 issued by the secretary. Animal manures, sludges, and solid wastes with high
			 organic content may be processed into compost at an approved composting plant
			 for which a permit has been issued by the secretary.
(c) Planning and design. Planning, design,
			 and operation of any solid waste processing facility or disposal area,
			 including, but not limited to, sanitary landfills, incinerators, compost
			 plants, transfer stations, and other solid waste disposal areas or processing
			 facilities, shall conform with appropriate design and operation standards of
			 the department.
(d) Location.
			 Location of all solid waste disposal areas and solid waste processing
			 facilities shall conform to applicable state laws, and county or city zoning
			 regulations and ordinances. All locations for solid waste disposal areas and
			 processing facilities shall be reviewed and approved by the department before
			 any site development is started. Solid waste disposal areas or processing
			 facilities shall not result in the destruction or adverse modification of the
			 critical habitat of endangered or threatened species or cause or contribute to
			 the taking of any endangered or threatened species as defined by K.S.A. 35-501
			 et seq. and K.A.R. 23-17-2. Sites disposing of putrescible wastes shall not be
			 located in areas where the attraction of birds can cause a significant bird
			 hazard to low flying aircraft. A minimum separation of twenty-five (25) feet
			 shall be maintained between a disposal operation and any pipeline, underground
			 utility, or electrical transmission line easement. Sanitary landfills shall not
			 be located within the one hundred (100) year frequency floodplain unless
			 protected by flood control levees and other appurtenances designed to prevent
			 washout of solid waste from the site.
(e) Access roads. Access roads to the
			 disposal area or processing facility shall be of all-weather construction and
			 negotiable at all times by trucks and other vehicles. Load limits on bridges
			 and access roads shall be sufficient to support all traffic loads which will be
			 generated by use of the area or facility.
(f) Reports required. Operators of all solid
			 waste disposal areas and processing facilities shall maintain suitable records
			 of volumes or tonnage of solid wastes received, land area used, population
			 served, area served, and any other information required by the conditions of
			 the permit. All information shall be summarized and reported to the department
			 on forms furnished by the department.
(g) Air quality. The operator of every solid
			 waste disposal area or solid waste processing facility shall conform to all
			 applicable provisions of
			 K.S.A.
			 65-3001 et seq., any regulations adopted
			 under those statutes, and any local regulations pertaining to air quality.
(h) Communication. Two-way
			 communications shall be available to all solid waste processing facilities or
			 disposal areas.
(i) Fire
			 protection. Arrangements shall be made for fire protection services when a fire
			 protection district or other public fire protection service is available. When
			 this service is not available, practical alternate arrangements shall be
			 provided at all sites. In case of accidental fires at the site, the operator
			 shall be responsible for initiating and continuing appropriate fire fighting
			 methods until all smoldering, smoking, and burning ceases. All disruption of
			 finished grades, or covered or completed surfaces, shall be covered and
			 regraded upon completion of fire fighting activities.
(j) Limited access. Access to a solid waste
			 disposal area or processing facility shall be limited to hours when an
			 attendant or operating personnel are at the site. A gate or barrier and fencing
			 approved by the department shall be erected to prevent access to the solid
			 waste disposal area or processing facility during hours when the area or
			 facility is closed. Access by unauthorized vehicles or pedestrians shall be
			 prohibited.
(k) Hours of
			 operation. Hours of operation and other limitations shall be prominently posted
			 at the entrance of the disposal area or facility.
(l) Salvage. Salvage or reclamation of
			 materials shall be permitted only when facilities specifically designed for
			 salvaging or processing solid wastes are provided, and when the salvage
			 materials are controlled to prevent interference with prompt, sanitary disposal
			 of solid wastes. All salvage operations shall be conducted in a manner that
			 will not create a nuisance.
(m)
			 Safety. An operational safety program approved by the department shall be
			 provided for employees at solid waste processing facilities and disposal areas.
(n) Disease vector control. Solid
			 waste processing facilities and disposal areas shall be operated in a manner
			 which will prevent the harborage or breeding of insects or rodents. Whenever
			 supplemental disease vector control measures are necessary, these measures
			 shall be promptly carried out.
(o)
			 Aesthetics. Odors and particulates, including dust and litter, shall be
			 controlled by daily application of cover material, sight screening or other
			 means to prevent damage or nuisance. Construction and demolition landfills or
			 other solid waste disposal areas receiving only nonputrescible waste materials
			 may apply cover material at a less frequent rate if approved by the department.
(p) Gas control. The concentration
			 of explosive gasses generated by the decomposition of solid waste disposed of
			 on the site shall not exceed 25 percent of the lower explosive limit in on site
			 structures (excluding gas control or recovery system components) or at facility
			 property line. As used in this section "lower explosive limit" means the lowest
			 percent by volume of a mixture of methane which will propogate a flame in air
			 at 25° C and atmospheric pressure. Toxic or asphyxiating gases in
			 concentrations harmful to humans, animals, or plant life shall not be allowed
			 to migrate off site or accumulate in facility structures.
(q) Water pollution. Solid waste processing
			 facilities and disposal areas, which include a point source of discharge of
			 pollutants or solid wastes to off-site surface waters, shall comply with the
			 terms of a permit issued under
			 K.S.A.
			 65-164 et seq. Facilities shall be designed
			 to prevent nonpoint source pollution discharges violating applicable legal
			 requirements implementing the Kansas statewide water quality management plan in
			 effect on November 1, 1981 approved under section 208 of Public Law 92-500 (the
			 Clean Water Act) as amended. Solid waste disposal areas and processing
			 facilities shall be designed and operated so as to prevent a discharge of
			 dredge or fill material that is in violation of section 404 of PL 92-500 (the
			 clean water act), as in effect on November 1, 1981. Solid waste shall not be
			 placed in unconfined waters which are subject to free movement on the surface,
			 in the ground or within a larger body of water. If ground water which passes
			 beneath a disposal facility is currently used as a public drinking water supply
			 or is designated by the state of Kansas for future use as a drinking water
			 supply, the naturally occurring ground water quality beyond the disposal site
			 property boundary shall not be degraded. If ground water which passes beneath a
			 disposal area or processing facility is currently used or designated by the
			 state for purposes other than as a drinking water supply, the ground water
			 beyond the disposal area property boundary shall be maintained at a quality as
			 specified in the disposal area permit.
(r) Maps required. The operator shall
			 maintain a log of commercial or industrial solid wastes received including
			 sludges, liquids, or barreled wastes. The log shall indicate the source and
			 quantity of waste and the disposal location. The areas used for disposal of
			 these wastes and other large quantities of bulk wastes shall be clearly shown
			 on a map and referenced to the boundaries of the tract or other permanent
			 markings.
(s) Disposal of sewage
			 and industrial liquids or sludges. Sewage or industrial solid waste liquids or
			 sludges shall not be disposed in a sanitary landfill designed for the disposal
			 of mixed refuse until the department has been notified and specific
			 arrangements for handling the wastes have been approved by the department.
(t) Disposal of hazardous waste.
			 Hazardous waste shall not be disposed of in a sanitary landfill. For the
			 purposes of this subsection, "hazardous waste" means any waste determined by
			 the secretary, under section 1 of chapter 251 of the 1981 session laws of
			 Kansas, to be a hazardous waste and listed by the secretary as a hazardous
			 waste in K.A.R. 28-31-3.
(u) The
			 provisions of 40 Code of Federal Regulations Part 257.3-5 (application to land
			 used for food chain crops), as in effect on September 23, 1981, and part
			 257.3-6 (disease), as in effect on September 23, 1981, are incorporated by
			 reference.