Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 29 - SOLID WASTE MANAGEMENT › Section 28-29-20 - Restrictive covenants and easements

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Permitted soild
			 waste disposal areas. Each owner of a solid waste disposal area that is
			 required to have a permit and where wastes will remain at the solid waste
			 disposal area after closure may be required by the secretary to execute a
			 restrictive covenant or easement, or both. The restrictive covenant with the
			 register of deeds' stamp or the easement, or both, shall be submitted to the
			 department before the permit is issued.
(b) Solid waste disposal areas without a
			 permit. Each owner of a solid waste disposal area approved by the secretary
			 under K.S.A. 65-3407c, and amendments
			 thereto, may be required by the secretary to execute a restricitive covenant.
(c) Restrictive covenant. If
			 required, the owner shall execute and file with the county register of deeds a
			 restrictive covenant to run with the land that fulfills the following
			 requirements:
(1) Covers all areas that have
			 been or will be used for waste disposal;
(2) specifies the location of the solid waste
			 disposal area. Acceptable methods to determine the location shall include the
			 following:
(A) Obtaining a legal description
			 by measuring from the property boundaries;
(B) obtaining a legal description by
			 measuring from a permanent survey marker or benchmark; and
(C) obtaining the latitude and longitude,
			 accurate to within five meters, using a global positioning system;
(3) specifies the uses that may be
			 made of the solid waste disposal area after closure;
(4) requires that use of the property after
			 closure be conducted in a manner that preserves the integrity of waste
			 containment systems designed, installed, and used during operation of the solid
			 waste disposal areas, or installed or used during the postclosure maintenance
			 period;
(5) requires the owner or
			 tenant to preserve and protect all permanent survey markers and benchmarks
			 installed at the solid waste disposal area;
(6) requires the owner or tenant to preserve
			 and protect all environmental monitoring stations installed at the solid waste
			 disposal area;
(7) requires
			 subsequent property owners or tenants to consult with the department during
			 planning of any improvement to the site and to receive approval from the
			 department before commencing any of the following:
(A) Excavation or construction of permanent
			 structures;
(B) construction of
			 drainage ditches;
(C) alteration
			 of contours;
(D) removal of waste
			 materials stored on the site;
(E)
			 changes in vegetation grown on areas used for waste disposal;
(F) production, use, or sale of food chain
			 crops grown on land used for waste disposal; or
(G) removal of security fencing, signs, or
			 other devices installed or used to restrict public access to waste storage or
			 solid waste disposal areas; and
(8) provides terms whereby modifications to
			 the restrictive covenant or other land uses may be initiated or proposed by
			 property owners.