reglab/statecodes huggingface dataset:
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 68 - KANSAS DRYCLEANER ENVIRONMENTAL RESPONSE ACT › Section 28-68-5 - Application for ranking of contaminated drycleaning site

Current through Register Vol. 43, No. 28, July 11,
			 2024
Any contaminated drycleaning site may be ranked by the
				department to establish priorities for fund expenditures based on information
				the department has at the department's disposal, information contained in an
				application to the department, or both. If an applicant desires to have a
				contaminated drycleaning site ranked that has not been ranked previously, the
				applicant shall submit to the department a completed, signed application on a
				form provided by the department.
(a)
			 If the applicant is not the real property owner, the applicant shall provide
			 proof that the real property owner has been notified of the application.
(b) If the property is leased, and
			 the applicant is not the lessee, the applicant shall provide proof that the
			 lessee has been notified of the application.
(c) The application shall contain the
			 following information, as well as all other known information concerning
			 environmental contamination at the contaminated drycleaning site;
(1) The applicant shall provide an analysis
			 of one ground water sample which demonstrates that a release has occurred. The
			 sample shall be taken as follows:
(A) from a
			 water supply well;
(B) from a
			 monitoring well;
(C) using
			 hydraulic push probe sampling equipment; or
(D) using some other sample collection device
			 approved by the department. Departmental approval for use of an alternate
			 sampling device shall be granted upon demonstration that the alternate sampling
			 device collects samples of quality equal to or greater than samples collected
			 as described in paragraphs (A) through (C).
(E) The sample shall be collected and
			 analyzed not more than one year prior to the day the application is received by
			 the department. The analysis shall be performed by a laboratory which is
			 certified for such analyses by the department. If the application is to
			 accompany a request for reimbursement, as set forth in K.A.R. 28-68-7, the
			 sample analysis indicating the highest level of contamination ever recorded at
			 the site shall be submitted.
(F)
			 With prior approval from the department, an analysis of a representative soil
			 sample may be substituted for the groundwater sample analysis.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 68 - KANSAS DRYCLEANER ENVIRONMENTAL RESPONSE ACT › Section 28-68-6 - Deductible payment

Current through Register Vol. 43, No. 28, July 11,
			 2024
On initiation of corrective action by the department at a
				contaminated dry-cleaning site, the applicant shall pay to the department the
				applicable deductible, minus the reasonable, direct costs incurred by the
				applicant to collect the application information as specified in
				K.A.R.
				28-68-5(f). The deductible
				shall be $5,000.00 for each dry-cleaning facility that has contributed to the
				contamination of the contaminated dry-cleaning site. Under the conditions
				specified in
				K.S.A.
				65-34,148, and amendments thereto, the owner
				of any property that includes an existing or former dry-cleaning facility may
				be responsible for up to 100% of the costs of corrective action attributable to
				the owner.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 68 - KANSAS DRYCLEANER ENVIRONMENTAL RESPONSE ACT › Section 28-68-7 - Reimbursement of corrective action costs

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Reimbursement.
			 Any applicant may request reimbursement from the fund for the applicant's
			 corrective action costs, minus the deductible set forth in K.S.A. 1995 Supp.
			 65-34,148, subsection (i), for
			 work performed at a contaminated drycleaning site which is determined to be
			 eligible for the fund.
(1) Reimbursable costs
			 shall be limited to costs for corrective action approved by the department,
			 including direct costs incurred by the applicant. Each applicant shall
			 substantiate reimbursable costs with contractor and subcontractor invoices or
			 other reasonably reliable documentation.
(2) For each contaminated drycleaning site,
			 reimbursement for corrective action costs incurred prior to July 1, 1995, shall
			 be limited to $100,000.00, minus the applicable deductible.
(3) Reimbursement for corrective action costs
			 incurred on or after July 1, 1995, for any contaminated drycleaning site shall
			 be limited, in any year, to 10 percent of the fund's income for the previous
			 fiscal year. The applicable deductible shall be subtracted from the first-year
			 reimbursement.
(4) Each eligible
			 site shall receive priority for reimbursement according to the ranking of the
			 contaminated drycleaning sites set forth in K.A.R. 28-68-8, subsection (b).
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 68 - KANSAS DRYCLEANER ENVIRONMENTAL RESPONSE ACT › Section 28-68-8 - Prioritization of fund expenditure

Current through Register Vol. 43, No. 28, July 11,
			 2024
Each work item approved by the department for contaminated
				drycleaning sites shall be prioritized to ensure that money from the fund is
				available for essential corrective action tasks.
(a) Priority shall be given to contaminated
			 drycleaning sites requiring emergency action. Emergency status may be
			 established by the department under any of the following conditions:
(1) when a public water supply well or one or
			 more domestic wells are contaminated, or are threatened with contamination
			 levels above state or federal drinking water limits, and no alternative water
			 source is readily available;
(2)
			 when surface drinking water or a water supply intake is contaminated above
			 acceptable limits, as defined by the department, or contamination is imminent,
			 and no alternative water source is readily available; or
(3) when a high probability exists for direct
			 human exposure to or contact with highly contaminated waste, soil, air, or
			 water.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 68 - KANSAS DRYCLEANER ENVIRONMENTAL RESPONSE ACT › Section 28-68-9 - Determining completion of corrective action

Current through Register Vol. 43, No. 28, July 11,
			 2024
A determination of the level at which corrective action shall
				be considered complete shall be made by the department using the following
				criteria.
(a) The factors used in
			 prioritizing fund expenditure as set forth in K.S.A. 1995 Supp.
			 65-34,143, section (d) shall be
			 considered by the department.
(b)
			 The characteristics of the contaminated drycleaning site shall be evaluated by
			 the department.
(c) State and
			 federal drinking water standards may be considered by the department in setting
			 corrective action levels. A determination that corrective action levels less
			 stringent than state water quality standards will apply at a contaminated
			 drycleaning site may be made by the department based on:
(1) an evaluation or risk;
(2) the effectiveness of available
			 technology; and
(3) the cost of
			 implementation.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 70 - CANCER REGISTRY › Section 28-70-1 - Definitions

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) "Adult care
			 home" has the meaning specified in
			 K.S.A.
			 39-923, and amendments thereto.
(b) "Cancer registry director" means the
			 person at the university of Kansas medical center, department of preventive
			 medicine and public health, who is authorized by the secretary to administer
			 the operations of the cancer registry of the state of Kansas.
(c) "Clinic" means an establishment that
			 meets the following conditions:
(1) Has an
			 organized medical staff of one or more physicians;
(2) consists of a permanent facility that is
			 equipped and operated primarily for the purpose of diagnosing and treating
			 patients; and
(3) does not provide
			 services or other accommodations for any patient to stay for more than 24
			 hours.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 70 - CANCER REGISTRY › Section 28-70-2 - Reporting requirements

Current through Register Vol. 43, No. 28,
			 July 11, 2024
(a)
(1) Each administrator of a hospital, an
			 ambulatory surgery center, a radiology oncology center, or a pathology
			 laboratory shall, within six months of the date of diagnosis, report to the
			 registry each case of cancer diagnosed or treated, unless exempted under
			 subsection (d).
(2) Each report
			 shall provide all required information available in the medical or
			 administrative records that are under the direct control of the reporting
			 administrator. No administrator shall be required to contact the patient, the
			 patient's family, or another health care provider to obtain additional
			 information not contained in the medical or administrative records.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 70 - CANCER REGISTRY › Section 28-70-3 - Use and access

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) For purposes of
			 ascertaining the accuracy and completeness of cancer data, the medical
			 diagnosis of each person cared for by any health care provider or licensee
			 specified in K.A.R. 28-70-2(a) or
(b) by any hospice or adult care home and the
			 medical or administrative records of any person with cancer may be reviewed by
			 the cancer registry director. Each review shall be made by prearrangement with
			 the appropriate administrator or licensee. Pursuant to
			 K.S.A.
			 65-1,169 and amendments thereto, a copy of
			 any death certificate may be requested by the cancer registry director from the
			 secretary to ensure the completeness of cancer data and to achieve record
			 closure.
(b) Each person who
			 requests access to confidential registry data shall submitt a written request
			 to a review panel, as specified in
			 K.S.A.
			 65-1,173, and amendments thereto. If the
			 person meets the requirements specified in
			 K.S.A.
			 65-1,172 and amendments thereto, the
			 confidential data may be released by the review panel.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 70 - CANCER REGISTRY › Section 28-70-4 - Confidential data for follow-up patient studies

Current through
			 Register Vol. 43, No. 28, July 11, 2024
(a) For the purposes of this regulation, the
			 following definitions shall apply:
(1)
			 "Institutional review board" means an institutional review board established
			 and conducted pursuant to 45
			 CFR 46.101 through CFR 46.117, as revised on
			 October 1, 2008.
(2) "Person" shall
			 mean a state university, a state agency, or a county health
			 department.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 71 - VOLUNTARY CLEANUP AND PROPERTY REDEVELOPMENT PROGRAM › Section 28-71-2 - Applicant

Current through Register Vol. 43, No. 28, July 11,
			 2024
Each applicant shall include a person that has title, control,
				or access to the property described in the application and is one of the
				following:
(a) A person who owns the
			 property;
(b) a person who operates
			 a facility located on the property;
(c) a person who previously owned, operated,
			 or otherwise controlled activities on the property;
(d) a prospective owner of the
			 property;
(e) a prospective
			 operator of a facility located on the property;
(f) a person or generator of hazardous or
			 solid waste who by contract, agreement, or otherwise, directly or indirectly,
			 arranged for the disposal of contaminants at the property;
(g) a person who legally controls the
			 property; or
(h) any unit of
			 government that acquired title or control of the property involuntarily through
			 bankruptcy, tax delinquency, abandonment, or other circumstances.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 71 - VOLUNTARY CLEANUP AND PROPERTY REDEVELOPMENT PROGRAM › Section 28-71-3 - Eligibility determination

Current through Register Vol. 43, No.
			 28, July 11, 2024
(a)
			 The property described in the application shall contain an actual, threatened,
			 or suspected release of a contaminant or be impacted or threatened by
			 contaminants from an off-property source.
(b) Properties that may be eligible for
			 application to VCPRP shall include the following:
(1) Properties that have been assessed by the
			 United States environmental protection agency, its contractors and agents, and
			 the department, if the property meets the additional criteria required by
			 K.S.A.
			 65-34,161 et seq., and amendments thereto,
			 and this article of the department's regulations;
(2) contaminated properties that are
			 currently under an existing department order or agreement, upon completion of
			 the actions required by the department order or agreement, if the property
			 meets the additional criteria required by
			 K.S.A.
			 65-34,161 et seq., and amendments thereto.
			 The determination of completion of the actions required by the order or
			 agreement shall be made by the secretary;
(3) portions of a larger property that have
			 or require a resource conservation and recovery act (RCRA) permit, but these
			 portions do not require a permit in accordance with RCRA, which contains a
			 corrective action component, as determined by the secretary, if the property
			 meets the additional criteria required by
			 K.S.A.
			 65-34,161 et seq., and amendments
			 thereto;
(4) portions of a larger
			 property that includes oil and gas activities regulated by the state
			 corporation commission, but the specific portion is not regulated by the state
			 corporation commission, if the property meets the additional criteria required
			 by K.S.A.
			 65-34,161 et seq., and amendments thereto;
			 and
(5) contaminated properties
			 that are not statutorily excluded.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 71 - VOLUNTARY CLEANUP AND PROPERTY REDEVELOPMENT PROGRAM › Section 28-71-4 - Application process

Current through Register Vol. 43, No. 28,
			 July 11, 2024
(a) Each
			 applicant shall submit to the department a complete application consisting of
			 the following:
(1) An application form
			 provided by the department;
(2) a
			 nonrefundable application fee of $200.00; and
(3) all documentation that supports the
			 application, including environmental site assessments, investigation reports,
			 or both.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 71 - VOLUNTARY CLEANUP AND PROPERTY REDEVELOPMENT PROGRAM › Section 28-71-5 - Classification determination

Current through Register Vol. 43, No.
			 28, July 11, 2024
(a)
			 Each applicant shall include the following documentation for consideration by
			 the secretary in determining placement of the property described in the
			 application into one of two contamination classes, as defined in
			 K.A.R.
			 28-71-1:
(1) The application and associated
			 documentation that supports the voluntary party's application;
(2) review of available technical bulletins
			 and scientific documents describing the geology and geohydrology of the
			 property and surrounding area; and
(3) scientific information relating to the
			 toxicity, mobility, persistence, and other characteristics of the contaminants
			 suspected or identified at a property.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 71 - VOLUNTARY CLEANUP AND PROPERTY REDEVELOPMENT PROGRAM › Section 28-71-6 - Voluntary agreement

Current through Register Vol. 43, No. 28,
			 July 11, 2024
(a) Upon
			 the secretary's approval of the application for the voluntary cleanup and
			 property redevelopment program, the voluntary party shall enter into a
			 voluntary agreement with the secretary. The voluntary agreement shall be
			 developed by the department and submitted to the voluntary party for signature.
			 The voluntary agreement shall specify all of the terms and conditions for
			 implementation of the work anticipated in the VCPRP.
(b) Oversight, management, and review
			 activities pertaining to the property shall not be commenced by the department
			 until the voluntary agreement is signed by both the secretary and the voluntary
			 party.
(c) The voluntary agreement
			 shall require the voluntary party to deposit one of the following with the
			 department, as applicable:
(1) For class I, an
			 initial amount of $2,000; or
(2)
			 for class II, an initial amount not to exceed $5,000.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 71 - VOLUNTARY CLEANUP AND PROPERTY REDEVELOPMENT PROGRAM › Section 28-71-7 - Initial deposit and reimbursement

Current through Register Vol. 43,
			 No. 28, July 11, 2024
(a) The initial deposit made by the voluntary
			 party shall be based on the contamination classification of the property
			 described in the application. The voluntary party shall submit quarterly
			 payments upon billing for direct and indirect costs to maintain the voluntary
			 party's account at a balance of at least $1,000 for class I and at least $2,000
			 for class II.
(b) The voluntary
			 party shall be subject to oversight performed by the department or its
			 contractors. This oversight shall include the following:
(1) The review of documents, studies, and
			 test results;
(2) collection of
			 split samples, laboratory analysis, and sampling supplies;
(3) travel;
(4) per diem;
(5) verification activities; and
(6) associated indirect costs.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 71 - VOLUNTARY CLEANUP AND PROPERTY REDEVELOPMENT PROGRAM › Section 28-71-8 - Environmental site assessments

Current through Register Vol. 43, No.
			 28, July 11, 2024
(a)
			 Each environmental site assessment shall be prepared by an individual who
			 possesses the education, experience, or licensure sufficient to prepare a
			 competent environmental site assessment.
(b) Each environmental site assessment shall
			 include the following information regarding the property either described in
			 the application or subject to a voluntary agreement:
(1) The legal description and a map
			 identifying the location, boundaries, and size of the property;
(2) the physical characteristics of the
			 property and areas contiguous to the property, including the location of any
			 surface water bodies and groundwater aquifers;
(3) the location of any water wells located
			 on the property or in an area within a one-half mile radius of the property and
			 a description of the use of the those wells;
(4) the operational history of the property,
			 based upon the best efforts of the applicant and the current use of areas in
			 the vicinity of the property;
(5)
			 the present and proposed uses of the property;
(6) information concerning the nature and
			 extent of any contamination;
(7)
			 information on releases of contaminants that have occurred at the property,
			 including any environmental impact on areas in the vicinity of the
			 property;
(8) any sampling results,
			 evidence, or other data that characterizes the soil, groundwater, or surface
			 water on the property; and
(9) a
			 description of the human and environmental exposures to contamination at the
			 property, based upon current use and any future use proposed by the property
			 owner as approved by the local zoning authority.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 71 - VOLUNTARY CLEANUP AND PROPERTY REDEVELOPMENT PROGRAM › Section 28-71-9 - Voluntary cleanup work plans and reports

Current through
			 Register Vol. 43, No. 28, July 11, 2024
(a) Upon signature of the voluntary agreement
			 by the voluntary party and the secretary, the voluntary party shall submit each
			 environmental site assessment, investigation report, or both, for review by the
			 department to determine whether the following objectives have been met:
(1) The sources for contaminants have been
			 adequately identified and investigated.
(2) The vertical and horizontal extent of
			 contaminants has been determined.
(3) The human health and environmental
			 receptors have been identified.
(4)
			 The potential risks and impacts to receptors have been evaluated.
(5) Quality assurance and quality control
			 have been maintained.
(6) The work
			 has been performed in accordance with standard industry practices.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 71 - VOLUNTARY CLEANUP AND PROPERTY REDEVELOPMENT PROGRAM › Section 28-71-10 - No further action" determination

Current through Register Vol.
			 43, No. 28, July 11, 2024
(a) For the purposes of the regulations in
			 this article of the department's regulations, the term "no further action"
			 determination shall mean that the secretary has determined, pursuant to
			 K.S.A.
			 65-34,161 et seq. and amendments thereto,
			 that no further action is necessary at the property subject to the voluntary
			 agreement.
(b) Each voluntary party
			 shall demonstrate to the department that the following conditions have been met
			 to receive a "no further action" determination for class one contamination:
(1) The owner or operator of the property, or
			 both parties, submit a complete application to the department, including
			 environmental site assessments and investigation reports.
(2) A determination that the contamination on
			 the property resulted from an off-property source is made by the
			 secretary.
(3) A determination that
			 there is no on-site source of contamination, including soil contamination, is
			 made by the secretary.
(4) The
			 owner or operator of the property, or both parties, document that the past and
			 current use of the property did not contribute to the contamination of soils,
			 surface water, or groundwater.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 71 - VOLUNTARY CLEANUP AND PROPERTY REDEVELOPMENT PROGRAM › Section 28-71-11 - Remedial standards and remedial actions

Current through
			 Register Vol. 43, No. 28, July 11, 2024
(a) All remedial alternatives performed by
			 the voluntary party and approved by the secretary shall attain a degree of
			 cleanup, control, or both, of contaminants that ensures protection of human
			 health and the environment.
(b) All
			 remedial actions to restore the environment to conditions before its altered
			 state shall be considered by the department if protection of human health and
			 the environment is maintained and the movement of contaminants is
			 controlled.
(c) The voluntary party
			 shall propose any one of the following approaches to determine cleanup levels
			 for the property:
(1) Comparison to
			 background levels;
(2) comparison
			 to department-established risk-based levels;
(3) comparison to a site-specific, risk-based
			 quantitative analysis conducted by the voluntary party or the department, based
			 on formulas, exposure parameters, and land-use scenarios; or
(4) other risk analysis methods approved by
			 the secretary.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 71 - VOLUNTARY CLEANUP AND PROPERTY REDEVELOPMENT PROGRAM › Section 28-71-12 - Public notification and participation

Current through
			 Register Vol. 43, No. 28, July 11, 2024
(a) The public shall have the opportunity
			 during the public comment period to submit to the department written comments
			 regarding the cleanup plan.
(b) The
			 voluntary party or a member of the public may request a meeting following the
			 15-day public comment period.
(1) The public
			 information meeting shall provide the public with information about relevant
			 activities at the property associated with the voluntary cleanup and property
			 redevelopment program. Public information meetings shall be attended by a
			 member of the department and the voluntary party or designated representative,
			 or both.
(2) A notice to the city,
			 the county, or both, of the public information meeting shall be provided by the
			 department.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 72 - RESIDENTIAL CHILDHOOD LEAD POISONING PREVENTION PROGRAM › Section 28-72-1a - Definitions

Current through Register Vol. 43, No. 28, July 11,
			 2024
In addition to the definitions in
				K.S.A.
				65-1,201 and amendments thereto, each of the
				following terms shall have the meaning assigned in this regulation:
(a) "Abatement project reinspection fee"
			 means the sum of money assessed to a KDHE-licensed lead activity firm by KDHE
			 when KDHE is unable to inspect an abatement project due to the fault of the
			 lead activity firm or its personnel.
(b) "Accreditation" means approval by KDHE of
			 a training provider for a training course to train individuals for lead-based
			 paint activities.
(c) "Accredited
			 course" means a course that has been approved by the department for the
			 training of lead professionals.
(d)
			 "Act" means the residential childhood lead poisoning prevention act, and
			 amendments thereto.
(e) "Adequate
			 quality control" means a plan or design that ensures the authenticity,
			 integrity, and accuracy of samples, including dust, soil, and paint chip or
			 paint film samples. Adequate quality control shall also include provisions for
			 representative sampling.
(f)
			 "Audit" means the monitoring by KDHE of a certified individual, a licensed lead
			 activity firm, or an accredited training provider to ensure compliance with the
			 act and this article.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 72 - RESIDENTIAL CHILDHOOD LEAD POISONING PREVENTION PROGRAM › Section 28-72-1c - Definitions

Current through Register Vol. 43, No. 28, July 11,
			 2024
In addition to the definitions in
				K.S.A.
				65-1,201 and amendments thereto, each of the
				following terms shall have the meaning assigned in this regulation:
(a) "Certified lead professional" means a
			 person who is certified by the secretary as a lead inspector, elevated
			 blood-lead level (EBL) investigator, lead abatement supervisor, lead abatement
			 worker, project designer, or risk assessor.
(b) "Child-occupied facility" means a
			 building, or portion of a building, constructed before 1978, that is visited
			 regularly by the same child who is under six years of age on at least two
			 different days within any calendar week, Sunday through Saturday, if each day's
			 visit lasts at least three hours, the combined weekly visits last at least six
			 hours, and the combined annual visits last at least 60 hours. This term may
			 include residences, day care centers, preschools, and kindergarten classrooms.
			 Child-occupied facilities may be located in target housing or in public or
			 commercial buildings. For common areas in public or commercial buildings that
			 contain child-occupied facilities, the child-occupied facility encompasses only
			 those common areas that are routinely used by children under the age of six,
			 including restrooms and cafeterias.
(c) "Classroom training" means training
			 devoted to lecture, learning activities, small group activities,
			 demonstrations, evaluations, or any combination of these educational
			 activities.
(d) "Clearance levels"
			 means the following values indicating the maximum amount of lead permitted in
			 dust on a surface following completion of each abatement activity or lead
			 hazard control:
(1) 40 micrograms per square
			 foot on floors;
(2) 250 micrograms
			 per square foot on windowsills; and
(3) 400 micrograms per square foot on window
			 troughs.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 72 - RESIDENTIAL CHILDHOOD LEAD POISONING PREVENTION PROGRAM › Section 28-72-1d - Definitions

Current through Register Vol. 43, No. 28, July 11,
			 2024
In addition to the definitions in
				K.S.A.
				65-1,201 and amendments thereto, each of the
				following terms shall have the meaning assigned in this regulation:
(a) "Department" means the Kansas department
			 of health and environment.
(b)
			 "Deteriorated paint" means paint that is cracking, flaking, chipping, chalking,
			 peeling, or otherwise separating from the substrate of a building
			 component.
(c) "Discipline" means
			 one of the specific types or categories of lead-based paint activities
			 identified in the act and this article in which individuals may receive
			 training from accredited courses and become certified by the
			 secretary.
(d) "Distinct painting
			 history" means the application history over time, as indicated by the visual
			 appearance or a record of application, of paint or other surface coatings to a
			 component or room.
(e) "Documented
			 methodologies" means the methods or protocols used to sample for the presence
			 of lead in paint, dust, and soil.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 72 - RESIDENTIAL CHILDHOOD LEAD POISONING PREVENTION PROGRAM › Section 28-72-1e - Definitions

Current through Register Vol. 43, No. 28, July 11,
			 2024
In addition to the definitions in
				K.S.A.
				65-1,201 and amendments thereto, each of the
				following terms shall have the meaning assigned in this regulation:
(a) "Elevated blood lead level (EBL) child"
			 and "EBL child" mean any child who has an excessive absorption of lead with a
			 confirmed concentration of lead in whole blood of 10 jjig (micrograms) of lead
			 per deciliter of whole blood, as specified in K.A.R. 28-1-18 .
(b) "Encapsulant" means a substance that
			 forms a barrier between lead-based paint and the environment using a
			 liquid-applied coating, with or without reinforcement materials, or an
			 adhesively bonded covering material.
(c) "Encapsulation" means the application of
			 an encapsulant.
(d) "Enclosure" has
			 the meaning specified in 40
			 CFR 745.223, as adopted in K.A.R. 28-72-2
			 .
(e) "EPA" means the United States
			 environmental protection agency.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 72 - RESIDENTIAL CHILDHOOD LEAD POISONING PREVENTION PROGRAM › Section 28-72-1g - Definition

Current through Register Vol. 43, No. 28, July 11,
			 2024
In addition to the definitions in
				K.S.A.
				65-1,201 and amendments thereto, the
				following term shall have the meaning assigned in this regulation:
"Guest instructor" means an individual who is designated by the
				training manager or principal instructor and who provides instruction specific
				to the lectures, hands-on work activities, or work practice components of a
				course. Each guest instructor shall be directly employed and monetarily
				compensated by the accredited training provider. A guest instructor shall not
				teach more than seven calendar days each quarter. Each guest instructor shall
				be KDHE-certified in the training course or in an associated advanced training
				course for which the guest instructor will be providing instruction. If a guest
				instructor is utilized, KDHE shall be notified at least 24 hours before the
				training course begins.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 72 - RESIDENTIAL CHILDHOOD LEAD POISONING PREVENTION PROGRAM › Section 28-72-1h - Definitions

Current through Register Vol. 43, No. 28, July 11,
			 2024
In addition to the definitions in
				K.S.A.
				65-1,201 and amendments thereto, each of the
				following terms shall have the meaning assigned in this regulation:
(a) "Hands-on skills assessment" means an
			 evaluation of the effectiveness of the hands-on training that tests the ability
			 of the trainees to demonstrate satisfactory performance and understanding of
			 work practices and procedures as well as any other skills demonstrated in the
			 course.
(b) "Hands-on training"
			 means training that involves the actual practice of a procedure or the use of
			 equipment, or both.
(c) "Hazardous
			 waste" means any waste as defined in
			 K.S.A.
			 65-3430, and amendments thereto.
(d) "HEPA vacuum" has the meaning specified
			 in 40 CFR
			 745.83, as adopted in K.A.R. 28-72-2
			 .
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 72 - RESIDENTIAL CHILDHOOD LEAD POISONING PREVENTION PROGRAM › Section 28-72-1i - Definition

Current through Register Vol. 43, No. 28, July 11,
			 2024
In addition to the definitions in
				K.S.A.
				65-1,201 and amendments thereto, the
				following term shall have the meaning assigned in this regulation:
"Interim controls" means a set of repair or maintenance
				activities designed to last less than 20 years that temporarily reduce human
				exposure or likely exposure to lead hazards, including the following:
(a) Repairing deteriorated lead-based
			 paint;
(b) specialized
			 cleaning;
(c)
			 maintenance;
(d)
			 painting;
(e) temporary
			 containment;
(f) ongoing monitoring
			 of lead hazards or potential hazards; and
(g) the establishment and operation of
			 management and resident education programs.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 72 - RESIDENTIAL CHILDHOOD LEAD POISONING PREVENTION PROGRAM › Section 28-72-1k - Definition

Current through Register Vol. 43, No. 28, July 11,
			 2024
In addition to the definitions in
				K.S.A.
				65-1,201 and amendments thereto, the
				following term shall have the meaning assigned in this regulation:
"KDHE" means the Kansas department of health and
				environment.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 72 - RESIDENTIAL CHILDHOOD LEAD POISONING PREVENTION PROGRAM › Section 28-72-1l - Definitions

Current through Register Vol. 43, No. 28, July 11,
			 2024
In addition to the definitions in
				K.S.A.
				65-1,201 and amendments thereto, each of the
				following terms shall have the meaning assigned in this regulation:
(a) "Large-scale abatement project" means
			 lead abatement for 10 or more residential dwellings or multifamily dwellings
			 for 10 or more units.
(b) "Lead
			 abatement" means any repair or maintenance activity or set of activities
			 designed to last at least 20 years or to permanently eliminate lead-based paint
			 hazards in a residential dwelling, child-occupied facility, or other structure
			 designated by the secretary.
(1) Lead
			 abatement shall include the following:
(A) The
			 removal of lead-based paint and lead contaminated dust, the permanent enclosure
			 or encapsulation of lead-based paint, the replacement of lead-painted surfaces
			 or fixtures, and the removal or covering of lead-contaminated soil;
(B) all preparation, cleanup, disposal, and
			 postabate-ment clearance testing activities associated with these
			 measures;
(C) any project for which
			 there is a written contract or other documentation requiring an individual,
			 firm, or other entity to conduct activities in any structure that are designed
			 to permanently eliminate lead hazards;
(D) any project resulting in the permanent
			 elimination of lead hazards that is conducted by lead activity firms;
			 and
(E) any project resulting in
			 the permanent elimination of lead hazards that is conducted in response to a
			 lead hazard control order.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 72 - RESIDENTIAL CHILDHOOD LEAD POISONING PREVENTION PROGRAM › Section 28-72-1m - Definition

Current through Register Vol. 43, No. 28, July 11,
			 2024
In addition to the definitions in
				K.S.A.
				65-1,201 and amendments thereto, the
				following term shall have the meaning assigned in this regulation:
"Multifamily dwelling" means a structure that contains more
				than one separate residential dwelling unit used or occupied, or intended to be
				used or occupied, in whole or in part as the residence of one or more
				persons.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 72 - RESIDENTIAL CHILDHOOD LEAD POISONING PREVENTION PROGRAM › Section 28-72-1n - Definition

Current through Register Vol. 43, No. 28, July 11,
			 2024
In addition to the definitions in
				K.S.A.
				65-1,201 and amendments thereto, the
				following term shall have the meaning assigned in this regulation:
"Nonprofit" means an entity that has been determined by the IRS
				to be not-for-profit as evidenced by a "letter of determination" designating
				the tax code under which the entity operates.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 72 - RESIDENTIAL CHILDHOOD LEAD POISONING PREVENTION PROGRAM › Section 28-72-1o - Definitions

Current through Register Vol. 43, No. 28, July 11,
			 2024
In addition to the definitions in
				K.S.A.
				65-1,201 and amendments thereto, each of the
				following terms shall have the meaning assigned in this regulation:
(a) "Occupant protection plan" means a plan
			 developed by a lead abatement supervisor or project designer before the
			 commencement of lead abatement or lead hazard control in any structure
			 designated by the act that describes the measures and management procedures to
			 be taken during lead abatement or lead hazard control to protect the building
			 occupants from exposure to any lead hazards.
(b) "Occupation" means one of the specific
			 disciplines of lead-based paint activities identified in this article for which
			 individuals can receive training from training providers. This term shall
			 include renovator, lead abatement worker, lead abatement supervisor, lead
			 inspector, risk assessor, and project designer, and any combination of
			 these.
(c) "Oral exam" means a test
			 that is equivalent in content to a corresponding written exam but is read to
			 the student by the principal instructor. Each student taking an oral exam shall
			 be required to provide the answers to the exam in writing.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 72 - RESIDENTIAL CHILDHOOD LEAD POISONING PREVENTION PROGRAM › Section 28-72-1p - Definitions

Current through Register Vol. 43, No. 28, July 11,
			 2024
In addition to the definitions in
				K.S.A.
				65-1,201 and amendments thereto, each of the
				following terms shall have the meaning assigned in this regulation:
(a) "Paint" means all types of surface
			 coatings, including stain, varnish, epoxy, shellac, polyure-thane, and
			 sealants.
(b) "Passing score" means
			 a grade of 80% or higher on the third-party examination and training course
			 examination for a lead occupation certificate.
(c) "Permanently covered soil" means soil
			 that has been separated from human contact by the placement of a barrier
			 consisting of solid, relatively impermeable materials, including pavement and
			 concrete. Soil covered with grass, mulch, and other landscaping materials shall
			 not be deemed permanently covered soil.
(d) "Principal instructor" means an
			 individual who meets the following requirements:
(1) Is directly employed and monetarily
			 compensated by a training provider;
(2) is certified to perform the lead
			 occupation in which the individual will provide instruction or has obtained
			 certification in an advanced lead occupation; and
(3) has the primary responsibility for
			 organizing and teaching a training course.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 72 - RESIDENTIAL CHILDHOOD LEAD POISONING PREVENTION PROGRAM › Section 28-72-1r - Definitions

Current through Register Vol. 43, No. 28, July 11,
			 2024
In addition to the definitions in
				K.S.A.
				65-1,201 and amendments thereto, each of the
				following terms shall have the meaning assigned in this regulation:
(a) "Reaccreditation" means the renewal of
			 accreditation of a training provider for a training course after the expiration
			 of the initial accreditation.
(b)
			 "Recognized laboratory" means a laboratory recognized by the EPA pursuant to
			 section 405(b) of the toxic substances control act (TSCA) as being capable of
			 performing analyses for lead compounds in paint chips, dust, and soil
			 samples.
(c) "Reduction" means any
			 measure designed and implemented to reduce or eliminate human exposure to
			 lead-based paint hazards including interim controls and abatement.
(d) "Refresher course" means a training
			 course taken by a certified lead professional to maintain certification in a
			 particular discipline.
(e)
			 "Renewal" means the reissuance of a lead occupation certificate, a lead
			 activity firm license, or a training provider accreditation.
(f) "Risk assessment" means an on-site
			 investigation to determine the existence, nature, severity, and location of
			 lead hazards in a residential dwelling or child-occupied facility and the
			 provision of a written report explaining the results of the investigation and
			 options for reducing lead hazards.
(g) "Risk assessor" means an individual
			 certified by the secretary who meets the requirements in K.A.R. 28-72-6
			 .
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 72 - RESIDENTIAL CHILDHOOD LEAD POISONING PREVENTION PROGRAM › Section 28-72-1s - Definitions

Current through Register Vol. 43, No. 28, July 11,
			 2024
In addition to the definitions in
				K.S.A.
				65-1,201 and amendments thereto, each of the
				following terms shall have the meaning assigned in this regulation.
(a) "State" means any state of the United
			 States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin
			 Islands, Guam, the Canal Zone, American Samoa, the Northern Mariana Islands, or
			 any other territory or possession of the United States.
(b) "Surface coatings" means paint as defined
			 in K.A.R. 28-72-1p .
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 72 - RESIDENTIAL CHILDHOOD LEAD POISONING PREVENTION PROGRAM › Section 28-72-1t - Definitions

Current through Register Vol. 43, No. 28, July 11,
			 2024
In addition to the definitions in
				K.S.A.
				65-1,201 and amendments thereto, each of the
				following terms shall have the meaning assigned in this regulation:
(a) "Target housing" means housing
			 constructed before 1978, with the exception of housing for the elderly. If one
			 or more children through the age of 72 months reside or are expected to reside
			 in the housing built exclusively for the elderly, the housing shall be assumed
			 to have been constructed before 1978 unless empirical data proves otherwise.
			 This term shall include schools and any structure used for the care of children
			 under six years of age.
(b)
			 "Third-party examination" means a discipline-specific examination administered
			 by the department to test the knowledge of a person who has completed the
			 required training course and is applying for certification in a particular
			 discipline.
(c) "Training course"
			 means the approved course of instruction established by this article to prepare
			 an individual for certification in a single discipline.
(d) "Training curriculum" means a set of
			 course topics for instruction by a training provider for a particular
			 occupation designed to provide specialized knowledge and skills.
(e) "Training hour" means at least 50 minutes
			 of actual time used for learning, including time devoted to lectures, learning
			 activities, small group activities, demonstrations, evaluations, and hands-on
			 experience.
(f) "Training manager"
			 means the individual who is a direct and monetarily compensated employee of a
			 training provider, is subject to the employment standards of the fair labor
			 standards act, and is responsible for administering a training program and
			 monitoring the performance of principal instructors and guest
			 instructors.
(g) "Training
			 provider" means a person or entity who has met the requirements of K.A.R.
			 28-72-4 and provides training courses for the purpose of state certification or
			 certification renewal in the occupations of lead-safe work practices, lead
			 abatement worker, lead abatement supervisor, lead-based paint inspector, risk
			 assessor, and project designer.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 72 - RESIDENTIAL CHILDHOOD LEAD POISONING PREVENTION PROGRAM › Section 28-72-1v - Definition

Current through Register Vol. 43, No. 28, July 11,
			 2024
In addition to the definitions in
				K.S.A.
				65-1,201 and amendments thereto, the
				following term shall have the meaning assigned in this regulation:
"Visual inspection for clearance testing" means the visual
				examination of a residential dwelling, a child-occupied facility, or any other
				structure designated by the secretary following a lead abatement or lead hazard
				control to determine whether or not the lead abatement or lead hazard control
				has been successfully completed.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 72 - RESIDENTIAL CHILDHOOD LEAD POISONING PREVENTION PROGRAM › Section 28-72-1x - Definition

Current through Register Vol. 43, No. 28, July 11,
			 2024
In addition to the definitions in
				K.S.A.
				65-1,201 and amendments thereto, the
				following term shall have the meaning assigned in this regulation:
"X-ray fluorescence analyzer (XRF)" means an instrument that
				determines lead concentration in milligrams per square centimeter
				(mg/cm2) using the principle of X-ray
				fluorescence.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 72 - RESIDENTIAL CHILDHOOD LEAD POISONING PREVENTION PROGRAM › Section 28-72-2 - General requirements for accreditation, licensure, and certification; adoption by reference

Current through Register Vol. 43, No. 28,
			 July 11, 2024
(a)
			 Waiver. Any applicant for certification and any certified individual may
			 authorize others, including the applicant's or individual's employer, to act on
			 the applicant's or individual's behalf regarding the certification application.
			 This authorization shall be indicated on the application form provided by KDHE.
			 If at any time the applicant or certified individual decides to change this
			 authorization, the applicant or certified individual shall notify KDHE in
			 writing of the change.
(b) Change
			 of address. Each certified individual shall notify KDHE in writing of a change
			 of mailing address no later than 30 days following the change. Each lead
			 activity firm shall notify KDHE in writing of a change in business mailing
			 address no later than 30 days following the change. Until a change of address
			 is received, all correspondence shall be mailed to the individual's mailing
			 address and the lead activity firm's business address indicated on the most
			 recent application form.
(c) Prior
			 out-of-state certification. A lead occupation certificate may be issued by the
			 secretary to any person if both of the following conditions are met:
(1) The person meets the following
			 requirements:
(A) Has submitted a complete
			 application;
(B) has taken the
			 required third-party exam for the discipline applied for and received a passing
			 score; and
(C) has provided proof
			 of certification from another state, if KDHE has entered into an agreement with
			 that state or if that state is a current EPA program state.