reglab/statecodes huggingface dataset:
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 16 - WATER POLLUTION CONTROL › Section 28-16-3 - Plans

Current through Register Vol. 43, No. 28, July 11,
			 2024
Plans for sewerage systems, sewer extensions and sewage
				treatment plants shall include:
(A) A
			 general map of the municipality or sewer district, showing all proposed and
			 existing streets and alleys, drawn to a scale not smaller than 300 feet to one
			 inch, with all sewer lines, with sizes indicated, and the location of all
			 manholes, cleanouts, and other appurtenances.
(B) The profiles of all sewers, with sizes of
			 sewers, elevations of the sewer inverts of all manholes, and the grade of the
			 sewers between each two adjacent manholes plainly stated. At the sewer outlet
			 shall be shown the approximate elevation of the bottom of the stream, or
			 ordinary low water, and of annual and extraordinary high water. Elevation of
			 extraordinary high water shall be shown on profiles of sewers subject to
			 flooding. Scales of profiles must be clearly stated. The following scale is
			 suggested: vertical, 10 feet to 1 inch; horizontal, 100 feet to 1 inch.
(C) Detail drawings of manholes,
			 cleanouts, inlets, catch basins, overflows, outlets, and all other
			 appurtenances must accompany the application. Unless sewers are other than
			 vitrified clay, detail drawing must be submitted.
(D) The plans for the treatment plant shall
			 include:
(1) a general layout, showing areas
			 for future extension, embankments, various parts of plant, course of outfall
			 sewer, outlet, stream with direction of flow, and any branches in immediate
			 neighborhood, etc.;
(2) details of
			 longitudinal and transverse sections sufficient to make clear the construction
			 of each unit. Details of each feature, inlet and outlet devices, baffles,
			 valves, overflows, arrangement of automatic devices, etc., the depth and sizes
			 of filtering media, the method of distribution and collection of sewage on the
			 beds, and such other information as is necessary for a complete understanding
			 of the plans.
Each drawing shall have a legible title showing the name of the
				town or person for whom the drawing is made, name of engineer, scale, date, and
				substance of drawing.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 16 - WATER POLLUTION CONTROL › Section 28-16-4 - Specifications

Current through Register Vol. 43, No. 28, July 11,
			 2024
Specifications for the construction of the work shall accompany
				all plans for new or original systems. Where plans are for extensions to
				systems, the specifications may be omitted, provided it is stated that work is
				to be constructed under specifications already on file. It is desired that the
				estimate of cost be included, but this is not compulsory.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 16 - WATER POLLUTION CONTROL › Section 28-16-5 - Engineer's report

Current through Register Vol. 43, No. 28, July 11,
			 2024
A comprehensive report of the proposed work, written or
				approved by the consulting or designing engineer, must accompany all plans for
				a complete system or treatment plant, and must give all data upon which the
				design is based, such as information concerning sewer systems:
(A) The nature and extent of the area
			 included with the present system of sewerage, and of the area which it is
			 planned shall drain into this system ultimately.
(B) Population to be served, present and
			 future, estimated for twenty-five years.
(C) The estimated daily per capita flow of
			 sewage, and the total and per capita water consumption of the town at the
			 present time.
(D) The allowance
			 made for infiltration.
(E) The
			 estimated daily flow of sewage.
(F) The character of the sewage. If domestic
			 and trade wastes, estimate nature, and approximate quantity of each.
(G) Method of flushing or cleaning sewers.
(H) Portion to be built at present
			 time.
(I) Minimum and maximum
			 grade of sewers of each size.
(J)
			 If there are sections which cannot grade into this system, the extent of such
			 sections and the probable future disposition of sewage from these sections.
(K) Distance of houses or
			 buildings from proposed outlet or treatment plant.
(L) Approximate maximum and minimum flow of
			 water in stream receiving flow of sewage.
(M) Drainage area above outlet or treatment
			 plant.
(N) Nearest water supplies
			 taken from stream below plant or outlet; above plant or outlet. Dams in
			 vicinity of plant or outlet.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 16 - WATER POLLUTION CONTROL › Section 28-16-6 - Information concerning treatment plant

Current through Register Vol. 43, No. 28, July 11,
			 2024
In addition to that concerning sewer systems: Engineer's report
				should cover the following points: method of treatment and description of
				units; rate of loading; nature of body of water; disposal of sludge; special
				devices; special methods of maintenance or operation; results expected from
				treatment plant. Explain any reserve units in pipelines, filters, tanks, etc.
				Describe pumping unit if sewage is pumped, and any automatic arrangements.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 16 - WATER POLLUTION CONTROL › Section 28-16-7 - Deviation from plans

Current through Register Vol. 43, No. 28, July 11,
			 2024
There shall be no deviation from plans submitted to and
				approved by the department, unless amended plans showing proposed changes have
				been submitted to and approved by the department. Copies of approved plans,
				specifications, application and report must be filed with the department and
				permit obtained before the contract for the work is let.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 16 - WATER POLLUTION CONTROL › Section 28-16-27 - Emergency or accidental discharge of sewage or other detrimental material into waters; report to department of health

Current through Register Vol. 43, No. 28, July 11,
			 2024
The owner or person responsible for the discharge of sewage or
				other materials detrimental to the quality of waters of the state, under
				conditions other than provided for by a valid permit issued by the secretary of
				the state board of health, shall report such discharge to the state department
				of health, environmental health services.
When sewage treatment facilities or portions thereof are
				programmed for bypassing for cause, which results in reduced treatment
				efficiency below acceptable levels, the owner or his representative shall
				notify and receive approval from the state department of health at least seven
				(7) days prior to such discharge.
Emergency or accidental discharge of sewage or other materials
				detrimental to the quality of waters of the state shall be immediately reported
				to the state department of health by the owner of the treatment plant or his
				representative. In the event the water pollution-causing material is in transit
				or in storage within the state, it shall be the responsibility of the owner,
				the carrier, or person responsible for storage, to immediately notify the state
				department of health that the pollutant has gained admittance or there is the
				potential the pollutant will gain admittance to waters of the state.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 16 - WATER POLLUTION CONTROL › Section 28-16-28c - General provisions

Current through Register Vol. 43, No. 28,
			 July 11, 2024
(a)
			 Antidegradation.
(1) General purpose waters.
(A) Levels of water quality in surface waters
			 of the state shall be maintained to protect the existing uses of those surface
			 waters.
(B) For all surface waters
			 of the state, if existing water quality is better than applicable water quality
			 criteria established in K.A.R. 28-16-28b through 28-16-28g, that existing water
			 quality shall be fully maintained and protected.
Water quality may be lowered only if the secretary finds, after
				full satisfaction of the intergovernmental coordination and public
				participation requirements on antidegradation contained in the "Kansas
				antidegradation policy," as adopted by reference in K.A.R. 28-16-28b, that a
				lowering of water quality is needed to allow for important social or economic
				development in the geographical area in which the waters are located.
In allowing the lowering of water quality, the maintenance and
				protection of existing uses shall be ensured, and the highest statutory and
				regulatory requirements for all new and existing point sources of pollution and
				all cost-effective and reasonable best management practices for nonpoint
				sources of pollution shall be achieved.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 16 - WATER POLLUTION CONTROL › Section 28-16-28d - Surface water classification and use designation

Current through
			 Register Vol. 43, No. 28, July 11, 2024
(a) Surface water classification. Surface
			 waters shall be classified as follows:
(1)
			 Classified stream segments shall be those stream segments defined in K.S.A.
			 2017 Supp.
			 82a-2001, and amendments
			 thereto.
(2) Classified surface
			 waters other than classified stream segments shall be defined as follows:
(A) Classified lakes shall be all lakes owned
			 by federal, state, county, or municipal authorities and all privately owned
			 lakes that serve as public drinking water supplies or that are open to the
			 general public for primary or secondary contact recreation.
(B) Classified wetlands shall be the
			 following:
(i) All wetlands owned by federal,
			 state, county, or municipal authorities;
(ii) all privately owned wetlands open to the
			 general public for hunting, trapping, or other forms of secondary contact
			 recreation; and
(iii) all wetlands
			 classified as outstanding national resource waters or exceptional state waters,
			 or designated as special aquatic life use waters according to subsection (d).
Wetlands created for the purpose of wastewater treatment shall
				not be considered classified wetlands.
(C) Classified ponds shall be all ponds owned
			 by federal, state, county, or municipal authorities and all privately owned
			 ponds that impound water from a classified stream segment as defined in
			 paragraph (a)(1).
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 16 - WATER POLLUTION CONTROL › Section 28-16-28f - Administration of surface water quality standards

Current through
			 Register Vol. 43, No. 28, July 11, 2024
(a) Application of modified surface water
			 quality standards. A modification to the surface water quality standards or the
			 surface water register, or both, shall have no effect on the requirements of
			 any existing enforceable discharge permit issued under K.S.A. 65165, and
			 amendments thereto, unless the discharge fails to meet the requirements of the
			 permit or the secretary determines that continuation of the discharge will
			 result in a potential or actual public health hazard or in irreversible water
			 use impairments.
(b) Water quality
			 certification. No action identified in this subsection shall be taken unless
			 the department has issued a water quality certification for the following:
(1) Any action requiring a federal license or
			 permit pursuant to the federal clean water act;
(2) any action subject to the permitting
			 provisions of
			 K.S.A.
			 65-165, and amendments thereto;
(3) any water development project subject to
			 the water projects environmental coordination act,
			 K.S.A.
			 82a-325 et seq., and amendments thereto;
			 and
(4) any action undertaken by
			 any Kansas state agency that has a potential water quality
			 impact.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 16 - WATER POLLUTION CONTROL › Section 28-16-28g - Surface water register

Current through Register Vol. 43, No. 28,
			 July 11, 2024
The classification and use designations of surface waters of
				the state shall be those identified in the department's "Kansas surface water
				register," dated February 18, 2021, which is hereby adopted by
				reference.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 16 - WATER POLLUTION CONTROL › Section 28-16-28h - Surface water variance register

Current through Register Vol. 43,
			 No. 28, July 11, 2024
The variances approved by the secretary shall be those
				identified in the department's "Kansas surface water quality standards variance
				register," dated December 30, 2020, which is hereby adopted by reference.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 16 - WATER POLLUTION CONTROL › Section 28-16-30 - Requirements for water and wastewater operator certification

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Each operator
			 who desires or is required to obtain a water supply system or wastewater
			 treatment facility operator certificate shall meet the following requirements:
(1) Each applicant shall own or be either
			 employed by or under contract to persons having a water supply system or
			 wastewater treatment facility and shall be engaged in the daily operation,
			 maintenance, or both, of the system or facility.
(2) Each applicant shall submit a completed
			 and approved examination application and the appropriate fee to the department.
			 The application shall be received by the department at least two weeks before
			 the test date. Late applications shall not be accepted for any test date.
(3) Each applicant shall be a high
			 school graduate or shall have a general education development (GED) diploma.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 16 - WATER POLLUTION CONTROL › Section 28-16-31 - Eligibility for water and wastewater operator certification

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Each applicant
			 for certification shall meet eligibility requirements as noted in the following
			 table.
CERTIFICATE
CLASS POINTS EXPERIENCE
Small System 12.5 6 months
I 13.0 1 year
II 14.0 1 year
III 16.0 2 years
IV 18.0 2 years
(1)
			 Point totals shall be determined using the following table.
EXPERIENCE OR EDUCATION POINTS
Each year of operating experience 1.0
High school graduation (GED or equivalent) 12.0
Each full year of college (30 hours credit) 1.0
Each department-approved educational course (10 consecutive
				contact hours) 0.25
Successful completion of California state university
				correspondence courses (each volume) 1.0
Department-approved semester courses (60 contact hours) 1.5
Department-approved two-year environmental technology degree
				6.0
(2) Completion of an
			 approved two-year environmental technology degree shall fulfill the one year of
			 experience requirement for taking a Class I examination.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 16 - WATER POLLUTION CONTROL › Section 28-16-32 - Operator certification examinations

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) To be
			 certified, each applicant shall pass the appropriate written examination. A
			 score of 70% or higher shall be considered a passing score.
(b) Examinations shall be given at least
			 twice each year at times and locations set by the department. Notice of
			 examinations shall be sent to certified operators and either communities or
			 districts having a water supply system or wastewater treatment facility, or
			 both, at least 30 days before the date of examination.
(c) The written examinations shall be graded
			 by the department or by a department-approved contractor, and the applicant
			 shall be notified of the results. Examinations shall not be returned to the
			 applicant. Upon receiving a written request, an analysis of the failed
			 examination shall be provided to the applicant. The analysis shall indicate
			 areas in which the applicant needs further study.
(d) Any operator meeting the requirements of
			 K.A.R. 28-16-30 and K.A.R. 28-16-31 may take the same level of examination a
			 maximum of three times per calendar year.
(e) Each operator earning a score of 50% or
			 lower shall provide proof of having attained department-approved training
			 before sitting for a subsequent examination.
(f) An applicant who commits any of the
			 following acts on a written examination shall be deemed guilty of misconduct:
(1) Utilizes text materials, notes,
			 computer-stored materials, or other unauthorized materials while taking an
			 examination; or
(2) without
			 express authorization from examination officials, undertakes any of the
			 following:
(A) Removes or attempts to remove
			 examination materials furnished by the department from the examination room;
(B) aids another applicant, or
			 accepts aid from another applicant in answering examination questions during a
			 written examination; or
(C) makes
			 or attempts to make a manual or electronic copy of the written examination.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 16 - WATER POLLUTION CONTROL › Section 28-16-33 - Operator responsible for the operation and management of a water supply system or wastewater treatment facility, or both

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a)
(1) Each system or facility shall have an
			 individual or individuals in responsible charge at the system or facility site,
			 or available at all times.
(2) For
			 the purposes of this regulation, "individual or individuals in responsible
			 charge" shall be defined as the person or persons designated by the owner to be
			 the certified operator or operators who make decisions regarding the daily
			 operational activities of a water supply system or wastewater treatment
			 facility that will directly impact the quality or quantity of drinking water
			 for human consumption or the quality of wastewater effluent.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 16 - WATER POLLUTION CONTROL › Section 28-16-34 - Issuance and renewal of certificate of competency

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Upon
			 satisfactory fulfillment of the requirements specified in K.A.R. 28-16-30, a
			 certificate of competency shall be issued to the applicant. The certificate
			 shall designate the class or classes of either water supply systems or
			 wastewater treatment facilities for which the applicant has received
			 certification to operate. The certificate shall be valid for two years from
			 date of issuance.
(b) The
			 certificate shall expire unless renewed as specified in this regulation before
			 the expiration date. A renewal notice and application form shall be mailed to
			 the last address of record approximately 45 calendar days before the expiration
			 date of the certificate. Failure to receive the notice shall not relieve the
			 certified operator of the responsibility to renew the certificate.
(c) In order to renew a certificate before it
			 expires, the certified operator shall complete the following requirements
			 before the expiration date of the certificate:
(1) Meet the training requirements specified
			 in K.A.R. 28-16-31(b);
(2) submit
			 an application for renewal on a form provided by the department; and
(3) submit the nonrefundable two-year renewal
			 fee specified in K.A.R. 28-16-35 to the department.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 16 - WATER POLLUTION CONTROL › Section 28-16-35 - Operator certification fees

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Fees for
			 certification shall be the following:
OIT (one-year certificate) No charge
OIT (renewal for one year) $5.00
Examination fee $25.00
Two-year renewal for all classes except OIT $20.00
Reinstatement of lapsed certificate up to and including one
				year after renewal date $15.00
Reinstatement of lapsed certificate between one and two years
				after renewal date $25.00
One-year reciprocity fee $25.00
(b) Fees from applicants who are ineligible
			 to take the certification examination shall be returned. No other fees shall be
			 returned. Fees for department-sponsored training sessions shall be established
			 by the department.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 16 - WATER POLLUTION CONTROL › Section 28-16-36 - Classification of water supply systems and wastewater treatment facilities

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) The owner of
			 each water supply system and wastewater treatment facility shall designate an
			 operator in responsible charge of the system or facility, or both, whose
			 qualifications are commensurate with the following:
SYSTEM OR OPERATOR
FACILITY CLASS CLASS
Small System Small System, I, II, III, or IV
I I, II, III, or IV
II II, III, or IV
III III or IV
IV IV
(b)
			 Classification of water supply systems shall be as follows:
POPULATION
CLASS SERVED
Small System
Distribution system only All, no limit
or
Chlorination of groundwater only less than 501
Class I
Chlorination of groundwater only 501-1,500
or
Treatment of groundwater less than 501
Class II
Chlorination of groundwater only 1,501-5,000
or
Treatment of groundwater 501-2,500
or
Treatment of surface water less than 2,501
Class III
Chlorination of groundwater only 5,001-20,000
or
Treatment of groundwater or surface water 2,501-10,000
Class IV
Chlorination of groundwater only over 20,000
or
Treatment of groundwater or surface water over 10,000
(c) Classification of commercial,
			 industrial, and municipal wastewater treatment facilities shall be as follows:
POPULATION
CLASS SERVED
Small Systems
Nonoverflowing municipal wastewater ponds All, no limit
Class I
Any secondary treatment facility less than 1,000
or
Overflowing wastewater ponds All, no limit
POPULATION
CLASS SERVED
Class II
Any secondary treatment facility 1,001-5,000
Class III
Any secondary treatment facility 5,001-25,000
or
Advanced or specialized treatment facility less than or equal
				to 5,000
Class IV
Any secondary treatment facility over 25,000
or
Advanced or specialized treatment facility over 5,000
(d) For purposes of this
			 regulation, "treatment," as it applies to water supply systems, shall include
			 the following processes:
(1) Iron and
			 manganese removal;
(2) membrane
			 filtration;
(3) softening;
(4) coagulation, sedimentation,
			 and filtration;
(5) recarbonation;
			 and
(6) addition of chemicals
			 other than chlorine for improved water quality.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 16 - WATER POLLUTION CONTROL › Section 28-16-56d - Sewage permit fees; schedules

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Each person
			 applying for a permit pursuant to
			 K.S.A.
			 65-165, and amendments thereto, and each
			 holder of a permit issued pursuant to
			 K.S.A.
			 65-165 and amendments thereto, shall submit
			 the appropriate fee in accordance with the following schedule:
Schedule of Fees at Annual Rate
Unit Rates and
Classification Minimum Rates
(1) Municipal or commercial $185/year/million
			 gallons per
wastewater treatment facility. day permitted capacity and for
any portion thereof.
$185 minimum fee per year.
(2) Municipal storm water system
(A) population less than 100,000 None
persons.
(B) population of 100,000 persons or $2,000
			 per year.
greater
(3) Industrial wastewater $320/year/million
			 gallons per
treatment facility. day permitted capacity and for
any portion thereof.
$320 minimum fee per year.
(4) Cooling water discharge.
Surface disposal:
(A)
			 Non-contact cooling water. $60 per year.
(B) treated cooling water. $120/year/million
			 gallons per
day permitted capacity and for
any portion thereof.
$120 minimum fee per year.
(5) Dewatering discharge. $60 per year.
(6) Pretreatment permit. $320 per
			 year.
(7) General permit. $60 per
			 year.
(8) Industrial storm water
discharge.
(A)
			 General permit $60 per year.
(B)
			 individual permit. $320 per year.
(9) Confined feeding facility or
public livestock market required
to register or obtain a permit:
(A) Initial registration fee,
regardless of animal unit
capacity $25 one-time fee.
(B) permit fee:
(i) Animal unit capacity of 999
or less $25 per year.
(ii) animal unit capacity of
1,000-4,999 $100 per year.
(iii) animal unit capacity of
5,000-9,999 $200 per year.
(iv) animal unit capacity of
10,000 or more $400 per year.
(10) Truck-washing facility for
animal wastes.
(A)
			 Private truck-washing facility
for animal wastes with any
combination of owned trailers
or trucks totaling no more than
two $25 per year.
(B) Private truck-washing facility
for animal wastes with any
combination of owned trailers
or trucks totaling more than two $200 per year.
(C) all other truck-washing
			 facilities
for animal wastes. $320 per year.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 16 - WATER POLLUTION CONTROL › Section 28-16-57a - Effluent standards

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Incorporation.
			 40 C.F.R. Parts 133, 405 through 436, 439, 440, 443, 446, 447, 454, 455, 457
			 through 461, 463, 465, and 469, as in effect on July 1, 1985, are adopted by
			 reference.
(b) To the extent that
			 the above effluent limitations are inapplicable, the limitations shall be set
			 on a case-by-case basis using the methodology described in
			 40 CFR Sections
			 122.44(a) and
			 125.3(c)(2) as in
			 effect on July 1, 1985.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 16 - WATER POLLUTION CONTROL › Section 28-16-58 - Definitions

Current through Register Vol. 43, No. 28, July 11,
			 2024
As used in
				K.A.R.
				28-16-57a through
				28-16-63, each of the following
				terms shall have the meaning specified in this regulation:
(a)
(1)
			 "Administrator" means administrator of the United States environmental
			 protection agency (EPA).
(2)
			 "Application" means all documents required by the division of environment in
			 the Kansas department of health and environment that are necessary for
			 obtaining a permit.
(3)
			 "Department" and "KDHE" mean Kansas department of health and
			 environment.
(4) "Director" means
			 director of the division of environment, KDHE.
(5) "Division" means division of environment,
			 KDHE.
(6) "Draft permit" means a
			 permit that has not been issued as a final action of the secretary.
(7) "EPA" means United States environmental
			 protection agency.
(8) "Kansas
			 implementation procedures: wastewater permitting" means the procedures dated
			 July 1, 2014 and written and used by the department for the development of
			 national pollutant discharge elimination system permit limitations, available
			 upon request from the division.
(9)
			 "Minimum standards of design, construction, and maintenance" means effluent
			 standards, effluent limitations, pretreatment standards, other performance
			 standards, and other standards of design, construction, and maintenance for
			 wastewater control facilities published by the department in 1978 as "minimum
			 standards of design for water pollution control facilities."
(10) "Municipal system" means a system under
			 the jurisdiction of a city, county, township, district, or other governmental
			 unit.
(11) "National pollutant
			 discharge elimination system" and "NPDES" mean the national system for the
			 issuance of permits under 33 U.S.C. Section 1342 and shall include any state or
			 interstate program that has been approved by the administrator, in whole or in
			 part, pursuant to 33 U.S.C. Section 1342.
(12) "Refuse act application" means an
			 application for a permit under 33 U.S.C. Section 407, commonly known as the
			 refuse act, of 33 U.S.C. Chapter 9, "protection of navigable waters and of
			 harbor and river improvements generally."
(13) "Regional administrator" means the
			 regional administrator for region VII of the EPA.
(14) "Secretary" means secretary of
			 KDHE.
(15) "Water quality
			 standards" means all water quality standards, as specified in K.A.R. 28-16-28b
			 through K.A.R. 28-16-28g, to which a discharge is subject.
(16) "Waters of the state" means all surface
			 and subsurface waters occurring within the borders of the state or forming part
			 of the border between Kansas and one of the adjoining states.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 16 - WATER POLLUTION CONTROL › Section 28-16-59 - Filing of applications

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Each person
			 presently discharging or having a potential to discharge pollutants into any
			 "waters of the state" shall file one copy of the appropriate application within
			 30 days of a written notification by the division.
(b) Each person proposing commencement of a
			 discharge of pollutants after enactment of these regulations shall file a
			 complete application:
(1) no less than 180
			 days in advance of the date on which the person desires to commence the
			 discharge of pollutants; or
(2) in
			 sufficient time prior to commencement of the discharge of pollutants to insure
			 compliance with the requirements of state or federal law.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 16 - WATER POLLUTION CONTROL › Section 28-16-60 - Development of draft permit

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Each
			 application and any other relevant facts shall be reviewed by the director to
			 determine one of the following:
(1) A permit
			 shall be issued allowing the discharge.
(2) A permit shall be issued providing for no
			 discharge.
(3) A permit shall not
			 be issued.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 16 - WATER POLLUTION CONTROL › Section 28-16-61 - Public notice of permit actions, public comment period, and public hearings

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Definitions.
(1) "Clean Water Act (CWA)" means the federal
			 water pollution control act, or federal pollution control act amendments of
			 1972, P.L. 92-500, as amended by P.L. 95-217, P.L. 95-576, P.L. 96-438, and
			 P.L. 97-117; 33 U.S.C. 1251 et seq.
(2) "Draft permit" means a document prepared
			 under K.A.R. 28-16-60 indicating the director's tentative decision to issue,
			 reissue, deny, modify, revoke and reissue, or terminate a permit.
(3) "Facility or activity" means any NPDES
			 point source as defined in K.A.R. 28-16-57a or any other facility or activity,
			 including land or appurtenances thereto, that is subject to regulation under
			 K.A.R. 28-16-57.
(4) "General
			 permit" means a permit authorizing a category of discharges or activities under
			 the CWA within a geographical area. For NPDES, a general permit means a permit
			 issued under K.A.R. 28-16-150 to 154, inclusive.
(5) "Indian tribe" means any indian tribe
			 having a federally recognized governing body carrying out substantial
			 governmental duties and powers over a defined area.
(6) "Major facilities" are those facilities
			 which are on a mutually agreed list as determined by EPA and the department.
(7) "Permit" means an
			 authorization, license, or equivalent control document issued by the director
			 to implement the requirements of K.A.R. 28-16-57. Permit does not include any
			 document which has not yet been the subject of final agency action, such as a
			 draft permit.
(8) "Resource
			 Conservation and Recovery Act (RCRA)" means the solid waste disposal act of
			 1965, as amended in 1970, as amended by the resource conservation and recovery
			 act of 1976, P.L. 94-580, as amended by P.L. 95-609, P.L. 98-616, and P.L.
			 99-499; 42 U.S.C. 6901 et seq.
(9)
			 "UIC" means the underground injection control program under part C of the safe
			 drinking water act, 42 U.S.C. 300f et seq.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 16 - WATER POLLUTION CONTROL › Section 28-16-62 - Terms and conditions of permits

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Prohibitions. A
			 permit shall not be issued:
(1) By the
			 director when the regional administrator has objected to issuance of the permit
			 under 40 CFR Section
			 123.44, as in effect on July 1, 1985;
(2) when comments, if any,
			 received from neighboring states, indicate that such discharge will violate the
			 water quality of such states. The neighboring states shall be notified in
			 advance, pursuant to K.A.R. 28-16-61;
(3) when, in the judgment of the secretary of
			 the army, acting through the chief of engineers, anchorage and navigation in or
			 on any of the waters of the United States would be substantially impaired by
			 the discharge;
(4) for the
			 discharge of any radiological, chemical, or biological warfare agent or high
			 level radioactive waste;
(5) for
			 any discharge inconsistent with a plan or plan amendment approved under 33
			 U.S.C. Section 1288(b); or
(6) to
			 a new source or new discharger, if the discharge from its construction or
			 operation will cause or contribute to the violation of water quality standards.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 16 - WATER POLLUTION CONTROL › Section 28-16-63 - Monitoring

Current through Register Vol. 43, No. 28, July 11,
			 2024
I. An appropriate
			 monitoring program shall be included in all permits. The program may require
			 the discharger to install, use and maintain at his expense, adequate monitoring
			 equipment or methods (including, where appropriate, biological monitoring
			 methods.)
II. Any discharge which
			 1) is not a minor discharge, 2) the regional administrator requests in writing
			 to be monitored, or 3) contains a toxic pollutant for which an effluent
			 standard has been established shall be monitored by the discharger for at least
			 the following:
(A) Flow (in gallons per day);
(B) Pollutants which are subject
			 to reduction or elimination under the requirements, pollutants which would have
			 a significant impact on the quality of the receiving waters, and pollutants
			 specified by the regional administrator; and
(C) Each effluent flow or pollutant shall be
			 monitored at intervals sufficiently frequent to yield data which reasonably
			 characterize the nature of the discharge. Variable effluent flows and
			 constituent levels shall be monitored at more frequent intervals.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 16 - WATER POLLUTION CONTROL › Section 28-16-69 - Definitions

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Agricultural
			 pollutants means sediments, organic material or microorganisms from cultivated
			 fields, pastures or grazing land; pesticides; runoff from feedlots or other
			 animal holding areas; fertilizers; or minerals contained in irrigation return
			 flow.
(b) Critical water quality
			 management area means a watershed, or a portion of a watershed, in which
			 application of minimum state or national wastewater and water quality
			 management practices and procedures cannot be reasonably expected to result in
			 attainment of water quality goals, attainment of water quality standards,
			 protection of resources of the state, prevention of excessive sediment
			 deposition in stream beds, lakes or reservoirs, or prevention of destruction of
			 fishery habitat; or an area in which additional treatment and control of
			 pollutants can result in additional cost effective benefits.
(c) Critical area water quality management
			 plan means a plan providing for the control of all pollutant sources within the
			 critical area.
(d) Endangered
			 species means those species of wildlife indigenous to the state whose existence
			 is in immediate jeopardy due to a combination of natural or man-made factors.
(e) Kansas water quality
			 management plan means the plan approved by senate concurrent resolution 1640
			 dated April 2, 1979.
(f) Rural
			 clean water program means a program for the control of wastes from agricultural
			 sources for improved water quality, promulgated in conformity with Section
			 208(j) (1)-(9) of the federal water pollution control act as amended, 33 U.S.C.
			 166, et seq.
(g) Rural clean water
			 program coordinating committee means the state administrative committee,
			 established pursuant to U.S. department of agriculture regulations, to
			 administer the rural clean water program.
(h) Threatened species means those species of
			 wildlife indigenous to the state whose existence may become endangered by
			 continued deterioration due to natural or man-made forces.
(i) Water quality standards means standards
			 found in K.A.R. 28-16-28 and 28a.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 16 - WATER POLLUTION CONTROL › Section 28-16-70 - Designation of critical water quality management area

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Watersheds or
			 portions of watersheds shall be considered by the secretary for designation as
			 critical water quality management areas because of pollutant sources which
			 cause, or may reasonably be expected to cause, damages to resources of the
			 state; public nuisance or health hazards; destruction of fishery habitat;
			 excessive deposition of sediments on river bottoms, lakes or reservoirs;
			 additional risk to threatened or endangered fish or wildlife; or violation of
			 water quality standards.
(b) The
			 secretary shall initiate such action on the secretary's initiative, at the
			 request of other state or federal agencies, local governments, or through
			 public initiative.
(c) The
			 secretary shall give public notice of intent to consider an area for
			 designation as a critical water quality management area. The secretary shall
			 consider all responses to the public notice in determining whether to proceed
			 with the evaluation of the candidate area.
(d) Any person, unit of local government, or
			 state or federal agency proposing that an area be designated as a critical
			 water quality management area shall submit a proposal to the secretary
			 incorporating the following information: a map showing the boundaries of the
			 proposed area; a brief discussion of the nature of the damages that are
			 occurring or which may reasonably be expected to occur; a brief discussion of
			 those pollutant sources believed to be responsible for the observed or
			 potential damages; a brief discussion of the public support for, or likely
			 objection to, a critical water quality management designation; and the name,
			 title, and authority of the individual or agency submitting the proposal.
(e) Prior to the designation of a
			 critical water quality management area the secretary shall:
(1) Evaluate all pollutant sources and the
			 extent to which these pollutant sources are or may be reasonably expected to
			 cause violation of water quality standards, damages to resources of the state,
			 nuisance conditions, hazards to the public health, excessive sedimentation,
			 destruction of fisheries habitat, or additional risk to threatened or
			 endangered fish or wildlife species.
(2) Evaluate all data and consider public
			 comments in determining the technical and economic feasibility of simultaneous
			 control of all pollutant sources. When determining the technical and economic
			 feasibility of agricultural pollutant reduction, the secretary shall consult
			 with the state conservation commission, the affected conservation district(s),
			 and other knowledgeable sources. In conducting the evaluation, the secretary
			 may invite and give consideration to comments from individuals, interest
			 groups, federal agencies, other state agencies, and affected local government.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 16 - WATER POLLUTION CONTROL › Section 28-16-71 - Administration of critical water quality management area

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) The secretary
			 shall establish a local advisory committee to assist in the administration of
			 each designated area. If pollutant reduction in the area involves agricultural
			 pollutant reduction, the area shall be submitted as a candidate project to the
			 state rural clean water program coordinating committee for funding under the
			 rural clean water program.
(b) All
			 permits issued by the secretary for the control of pollutants, the
			 establishment of waste disposal sites, the construction or expansion of water
			 supply or sewerage systems or the establishment of sanitation zones or other
			 measures necessary for the control of pollutants shall be consistent with the
			 adopted plan.
(c) The secretary
			 shall prepare an annual report for each designated area and shall make copies
			 of the report available to residents of the area. The report shall evaluate the
			 effectiveness of control measures, including the approximate costs, effects on
			 water quality and resources of the state, and a brief summary of any public
			 input related to administration of the area.
(d) The secretary may terminate designation
			 of any designated critical water quality management area upon determination
			 that such designation is not needed for protection of water resources, or that
			 the controls are not technically or economically practical, or there is
			 substantial public opposition. The secretary shall give public notice of intent
			 and termination shall not be effective until sixty (60) days after such public
			 notice.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 16 - WATER POLLUTION CONTROL › Section 28-16-81 - Administration of approved plan

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Any plan
			 approved by the secretary will become a part of the Kansas water quality
			 management plan. Applicants for effluent permits will be subject to section
			 208(e) of the federal water pollution control act, 33 U.S.C. 466, et seq., and
			 applicants for municipal construction grants will be subject to section 208(d)
			 of the federal water pollution control act as amended.
(b) Permits issued by the secretary for the
			 operation of sewerage facilities will be consistent with the plan.
(c) Permits issued by the secretary for new
			 or extended sewerage systems will be consistent with the plan.
(d) Comments by the secretary on
			 federally-funded projects pursuant to bureau of budget circular A-95 will be
			 consistent with the plan.
(e)
			 Comments made by the secretary on projects proposed by other state agencies
			 will be consistent with the plan.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 16 - WATER POLLUTION CONTROL › Section 28-16-83 - Entities regulated

Current through Register Vol. 43, No. 28, July 11,
			 2024
The provisions of
				K.A.R.
				28-16-84 to
				28-16-98, inclusive, and any
				amendments to those regulations, shall apply to:
(a) pollutants from nondomestic sources which
			 are subject to one or more pretreatment standards and which are indirectly
			 discharged, or are otherwise introduced by any means, into any publicly owned
			 treatment works (POTW);
(b) any
			 POTW which receives wastewater from sources subject to one or more pretreatment
			 standards; and
(c) any new or
			 existing source which is subject to one or more pretreatment standards.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 16 - WATER POLLUTION CONTROL › Section 28-16-84 - Objectives of general pretreatment regulations

Current through Register Vol. 43, No. 28, July 11,
			 2024
40 CFR
				§
									403.2, as in effect on July 1, 1986,
				is adopted by reference.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 16 - WATER POLLUTION CONTROL › Section 28-16-86 - Local laws not superceded

Current through Register Vol. 43, No. 28, July 11,
			 2024
The provisions of
				K.A.R.
				28-16-83 to
				28-16-98, inclusive, shall not
				supercede any pretreatment requirements, including any standards or
				prohibitions, established by any local law as long as the local requirements
				are not less stringent than any set forth in the national pretreatment
				standards or other requirements or prohibitions established by the state or
				federal government.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 16 - WATER POLLUTION CONTROL › Section 28-16-87 - National pretreatment standards; prohibited discharges

Current through Register Vol. 43, No. 28, July 11,
			 2024
Subsections (a) to (e), inclusive, of
				40 CFR §
									403.5, as in effect on July 1, 1986, are
				adopted by reference.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 16 - WATER POLLUTION CONTROL › Section 28-16-88 - National pretreatment standards; categorical standard

Current through Register Vol. 43, No. 28, July 11,
			 2024
40 CFR
				§
									403.6, as in effect on July 1, 1986,
				is adopted by reference.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 16 - WATER POLLUTION CONTROL › Section 28-16-89 - Revision of categorical pretreatment standards to reflect POTW removal of pollutants

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a)
								40 CFR §
									403.7, as in effect on July 1, 1986, is
			 adopted by reference, except that in lieu of § 403.7(b)(3) the following
			 shall apply: "(3) The POTW shall analyze the samples for pollutants in
			 accordance with the analytical techniques prescribed in 40 CFR part 136, as in
			 effect on July 1, 1986. Where 40 CFR part 136 does not contain sampling and
			 analytical techniques for the pollutant in question, or where the secretary
			 determines that the part 136 sampling and analytical techniques are
			 inappropriate for the pollutant in question, sampling and analysis shall be
			 performed using validated analytical methods or other appropriate sampling and
			 analytical procedures approved by the secretary. Alternate sampling and
			 analytical techniques suggested by the POTW or other persons will be considered
			 by the secretary."
(b) 40 CFR part
			 136, as in effect on July 1, 1986, is adopted by reference (see 49 FR 43234, 50
			 FR 690 and 51 FR 23692).
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 16 - WATER POLLUTION CONTROL › Section 28-16-90 - POTW pretreatment programs, developed by POTW

Current through Register Vol. 43, No. 28, July 11,
			 2024
40 CFR
				§
									403.8, as in effect on July 1, 1986,
				is adopted by reference, except in lieu of paragraph (f)(1)(vii) the following
				shall apply: "(vii) Comply with the confidentiality requirements of the Kansas
				open records act."
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 16 - WATER POLLUTION CONTROL › Section 28-16-91 - POTW pretreatment programs

Current through Register Vol. 43, No. 28, July 11,
			 2024
Any municipality (POTW) with a Kansas water pollution control
				permit may be required to develop a local pretreatment program.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 16 - WATER POLLUTION CONTROL › Section 28-16-92 - POTW pretreatment programs or authorization to revise pretreatment standards; submission for approval

Current through Register Vol. 43, No. 28, July 11,
			 2024
40 CFR
				§
									403.9, as in effect on July 1, 1986,
				is adopted by reference.