Kansas Administrative Regulations Kansas Department of Health and Environment

28-16
Kansas Administrative Regulations
Kansas Department of Health and Environment
Notice to Reader
The following regulations represent an electronic facsimile of Kansas Administrative Regulations,
promulgated by the Kansas Department of Health and Environment and published by the Kansas
Secretary of State.  While every effort has been made to assure the accuracy, these electronic copies
do not represent the official regulations of the state.  The official regulations are the bound copies
printed by the Secretary of State.
Where possible KDHE will append changed regulations to the appropriate article.  Once again, the
lack of any attachments should not be construed as meaning there are no revisions.
Nothing contained herein should be construed as legal advice by KDHE.  If you are not an attorney,
you should secure competent counsel to interpret the regulations and advise you.
Office of Public Information
Kansas Department of Health and Environment
Notes
The Kansas Register notes the following changes:
28-16-28b, c, d, e, f; 28-16-30 through 28-16-36; 28-16-58; and 28-16-60
These regulations are highlighted and available in other PDFfiles on the Bureau of Water Web Site.WATER POLLUTION CONTROL 28-16-4
183
(2) There shall be a program review fee for any
out-of-state laboratory of $75.00 for each type of
certification review.
(b) The fees set forth in subsection (a) of this
regulation shall be submitted with the appropriate
application form provided by the Kansas department of health and environment.
(c) Upon receipt and review of the application,
a statement of certification fees shall be calculated
and issued to the laboratory, by the department
as follows.
(1) For each type of certificate, excluding field
laboratory certification, the annual fee shall be
$30.00 for each individual chemical parameter
and $50.00 for parametric groups to a maximum
of $800.00.
(2) The fee for microbiology shall be $200.00.
(3) The fee for biomonitoring shall be $200.00.
(4) For field laboratory certification, the fee for
each parameter shall be $90.00.
(d) A fee of $50.00 shall be assessed for each
parameter requested as an additional analyte during the certification period. This fee shall be assessed in addition to any maximum limit.
(e) Fees shall be remitted in full prior to the
issuance of the certificate. Fees shall not be refunded except in the case of overpayment. Payment of fees shall be made to the Kansas health
and environmental laboratory, laboratory certification, Kansas department of health and environment, Topeka, Kansas, 66620-0001.(Authorized
by and implementing K.S.A. 65-156, 65-166a;
65-1,109a; effective, E-79-14, June 23, 1978; effective May 1, 1979; amended May 1, 1986;
amended Jan. 24, 1994.)
Article 16.—WATER POLLUTION
CONTROL
SEWAGE DISCHARGE PERMITS
28-16-1. Information required. (A) Application on form furnished by the department.
(B) Plans.
(C) Specifications.
(D) Engineer’s report. (Authorized by K.S.A.
65-164, 65-165, 65-171d; effective Jan. 1, 1966.)
28-16-2. Submission of information.
Plans, specifications, report and application must
be submitted to the chief engineer for the board
at least three weeks prior to the date on which
action is desired. It is not to be inferred, however,
that action will always be taken within the time
mentioned. (Authorized by K.S.A. 65-164, 65-165,
65-171d; effective Jan. 1, 1966.)
28-16-3. Plans. 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. (Authorized by K.S.A.
65-164, 65-165, 65-171d; effective Jan. 1, 1966.)
28-16-4. Specifications. 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 be28-16-5 KANSAS DEPT. OF HEALTH AND ENVIRONMENT
184
constructed under specifications already on file. It
is desired that the estimate of cost be included,
but this is not compulsory. (Authorized by K.S.A.
65-164, 65-165, 65-171d; effective Jan. 1, 1966.)
28-16-5. Engineer’s report. 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. (Authorized by K.S.A.
65-164, 65-165, 65-171d; effective Jan. 1, 1966.)
28-16-6. Information concerning treatment plant. 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. (Authorized by K.S.A. 65-
164, 65-165, 65-171d; effective Jan. 1, 1966.)
28-16-7. Deviation from plans. 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. (Authorized by K.S.A. 65-164, 65-165, 65-
171d; effective Jan. 1, 1966.)
28-16-8 to 28-16-10. (Authorized by
K.S.A. 65-170, 65-171d; effective Jan. 1, 1966; revoked Jan. 1, 1972.)
RIVER BASIN WATER QUALITY CRITERIA
28-16-11 to 28-16-26. (Authorized by
K.S.A. 1971 Supp. 65-165 through 65-171d; effective, E-67-6, May 31, 1967; effective Jan. 1,
1968; amended, E-71-12, Feb. 1, 1971; amended
Jan. 1, 1972; revoked, E-73-16, May 18, 1973; revoked Jan. 1, 1974.)
28-16-27. Emergency or accidental discharge of sewage or other detrimental material into waters; report to department of
health. 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 hasWATER POLLUTION CONTROL 28-16-28b
185
gained admittance or there is the potential the
pollutant will gain admittance to waters of the
state. (Authorized by K.S.A. 65-164, 65-169, 65-
171a, 65-171f, K.S.A. 1968 Supp. 65-165, 65-166,
65-167, 65-171d, 65-171h; effective Jan. 1, 1969.)
28-16-28. (Authorized by K.S.A. 1977
Supp. 65-165 through 65-171d; effective, E-73-
16, May 18, 1973; effective Jan. 1, 1974; amended,
E-76-3, Jan. 1, 1975; amended May 1, 1975;
amended May 1, 1978; revoked May 1, 1986.)
28-16-28a. (Authorized by K.S.A. 1977
Supp. 65-165, 65-166, 65-166a, 65-167, 65-169,
65-170, 65-171a through 65-171d; effective, E-76-
15, Feb. 28, 1975; effective May 1, 1976;
amended May 1, 1978; revoked May 1, 1986.)
SURFACE WATER QUALITY STANDARDS
28-16-28b. Definitions. As used in these
regulations: (a) ‘‘A condition of acute toxicity’’
means any concentration of a toxic substance that
exceeds the applicable acute criterion for aquatic
life support presented in K.A.R. 28-16-28e or, for
substances not listed in K.A.R. 28-16-28e or for
complex mixtures of toxic substances, any concentration that exceeds 0.3 times the median lethal
concentration determined through laboratory toxicity tests conducted in accordance with the
United States environmental protection agency’s
‘‘Methods for Measuring the Acute Toxicity of Effluents to Freshwater and Marine Organisms,’’
fourth edition, as published in September 1991
and hereby adopted by reference.
(b) ‘‘A condition of chronic toxicity’’ means any
concentration of a toxic substance that exceeds the
applicable chronic criterion for aquatic life support presented in K.A.R. 28-16-28e or, for substances not listed in K.A.R. 28-16-28e or for complex mixtures of toxic substances, any
concentration that exceeds the no-observed-effect
level determined through laboratory toxicity tests
conducted in accordance with the United States
environmental protection agency’s ‘‘Short-Term
Methods for Estimating the Chronic Toxicity of
Effluents and Receiving Waters to Freshwater
Organisms,’’ second edition, as published in
March 1989 and hereby adopted by reference.
(c) ‘‘Alluvial aquifer’’ means the sediment that
is associated with and deposited by a stream, and
that contains water capable of being produced
from a well.
(d) ‘‘Antidegradation’’ means the regulatory actions and measures taken to prevent or minimize
the lowering of water quality in surface waters of
the state, including those streams, lakes and wetlands wherein existing water quality exceeds the
level required for maintenance and protection of
the existing and designated uses.
(e) ‘‘Artificial sources’’ means sources of pollution that result from human activities which can
be abated by construction of control structures,
modification of operating practices, complete restraint of activities, or some combination of these
methods.
(f) ‘‘Base flow’’ means that portion of a stream’s
flow contributed by sources of water other than
precipitation runoff. Where used in this regulation in the context of stream classification, the
term refers to a fair weather flow sustained primarily by springs or groundwater seepage, wastewater discharges, irrigation return flows, releases
from reservoirs, or some combination of these factors.
(g) ‘‘Bioaccumulation’’ means the accumulation of toxic substances in plant or animal tissue
through either bioconcentration or biomagnification.
(h) ‘‘Bioassessment methods and procedures’’
means the use of biological methods of assessing
surface water quality including, but not limited to,
field investigations of aquatic organisms and laboratory or field aquatic toxicity tests.
(i) ‘‘Bioconcentration’’ means the concentration and incorporation of toxic substances into
body tissues from ambient sources.
(j) ‘‘Biomagnification’’ means the transport of
toxic substances through the food chain, through
successive cycles of eating and being eaten, and
the subsequent accumulation and concentration
of such substances in higher-order consumers and
predators.
(k) ‘‘Biota’’ means the animal and plant life of
a given geographical region.
(l) ‘‘Carcinogenic’’ means having the property
of inducing the production of cancerous cells in
organisms.
(m) ‘‘Classified surface water’’ means any surface water or surface water segment that supports,
or in the absence of artifical sources of pollution
would support, one or more of the designated uses
of surface water defined in K.A.R. 28-16-28d(a),
or that otherwise meets the criteria for classification given in K.A.R. 28-16-28d(b).
(n) ‘‘Compliance schedule’’ means any provision in a discharge permit or license issued by the
department pursuant to the federal clean water28-16-28b KANSAS DEPT. OF HEALTH AND ENVIRONMENT
186
act or K.S.A. 65-165 that, for the purposes of
meeting water quality-based effluent limitations
or other requirements included in the permit or
license, provides a specified period of time for the
construction or renovation of a wastewater treatment facility and the completion of any related
scientific or engineering studies, reports, plans, or
design specifications.
(o) ‘‘Criterion’’ means any numerical element
or narrative provision of the surface water quality
standards representing an enforceable water quality condition.
(p) ‘‘Department’’ means the Kansas department of health and environment.
(q) ‘‘Designated use’’ means any of the beneficial uses specifically attributed to surface waters
in K.A.R. 28-16-28d.
(r) ‘‘Discharge’’ means the release of effluent,
either directly or indirectly, into surface waters.
(s) ‘‘Ecological integrity’’ means the natural or
unimpaired structure and functioning of an
aquatic or terrestrial ecosystem.
(t) ‘‘Effluent’’ means the sewage or wastewater
discharged from an artificial source.
(u) ‘‘Existing use’’ means any of the beneficial
uses described in K.A.R. 28-16-28d known to have
occurred in, or to have been made of, a surface
water or surface water segment on or after November 28, 1975.
(v) ‘‘Fecal coliform bacteria’’ means facultatively anaerobic, gram negative, non-spore forming, rod-shaped bacteria which, when cultured
under specific laboratory conditions, will ferment
lactose, thereby producing acid, gas, or both.
(w) ‘‘Federal clean water act’’ means the federal water pollution control act, 33 U.S.C. 1251 et
seq., as amended on February 4, 1987.
(x) ‘‘Flow’’ means the volume of water moving
past a stream cross-sectional plane per unit of
time.
(y) ‘‘Groundwater’’ means water located under
the surface of the land that is or can be the source
of supply for wells, springs, or seeps, or that is held
in aquifers or the soil profile.
(z) ‘‘Implementation policies’’ means written
departmental policies and procedures used for
carrying out specific provisions of the surface water quality standards.
(aa) ‘‘Maximum contaminant level’’ means any
of the enforceable standards for finished drinking
water quality promulgated by the United States
environmental protection agency pursuant to section 300g-1(b)(3) of the federal safe drinking water act, 42 U.S.C. 300f to 300j-9, as amended on
June 19, 1986.
(bb) ‘‘Median lethal concentration’’ means the
concentration of a toxic substance or a mixture of
toxic substances that is estimated to be lethal to
50 percent of the population of test organisms in
an acute toxicity test.
(cc) ‘‘Microfibers per liter (mfibers/L)’’ means
the number of microscopic particles with a lengthto-width ratio of 3:1 or greater present in a volume
of one liter.
(dd) ‘‘Microgram per liter (mg/L)’’ means the
concentration of a substance at which one onemillionth of a gram (10
-6
g) of the substance is
present in a volume of one liter.
(ee) ‘‘Milligram per liter (mg/L)’’ means the
concentration of a substance at which one onethousandth of a gram (10
-3
g) of the substance is
present in a volume of one liter.
(ff) ‘‘Mixing zone’’ means the designated portion of a stream or lake where an effluent is incompletely mixed with the receiving surface water
and where, in accordance with K.A.R. 28-16-28e,
concentrations of certain pollutants may legally
exceed water quality criteria applied in most other
portions of the receiving surface water.
(gg) ‘‘Mutagenic’’ means the property of directly or indirectly causing a mutation.
(hh) ‘‘Nonpoint source’’ means any of a variety
of diffuse sources of water pollution including, but
not limited to, precipitation runoff from agricultural lands, the aerial drift and deposition of air
contaminants, and the intrusion and seepage of
subsurface brine or other contaminated groundwaters.
(ii) ‘‘No-observed-effect level’’ means the highest concentration of a toxic substance, or a mixture
of toxic substances, that has no statistically significant adverse effect on the population of test organisms in a chronic toxicity test.
(jj) ‘‘Outstanding natural resource water’’
means any of the surface waters or surface water
segments of exceptional recreational or ecological
significance identified in the surface water register, as defined in K.A.R. 28-16-28b(uu), and afforded the highest level of water quality protection under the antidegradation provisions of
K.A.R. 28-16-28c(a) and the mixing zone provisions of K.A.R. 28-16-28c(b).
(kk) ‘‘pH’’ means the common logarithm of the
reciprocal of the hydrogen ion concentration
measured in moles per liter. pH is expressed on a
scale that ranges from 0 to 14, with values lessWATER POLLUTION CONTROL 28-16-28b
187
than 7 being more acidic and values greater than
7 being more alkaline.
(ll) ‘‘Picocurie per liter (pCi/L)’’ means a volumetric unit of radioactivity equal to 2.22 nuclear
transformations per minute per liter.
(mm) ‘‘Point source’’ means any discernible,
confined, and discrete conveyance including, but
not limited to, any pipe, ditch, channel, tunnel,
conduit, well, discrete fissure, container, rolling
stock, concentrated animal feeding operation, or
floating craft, from which pollutants are or may be
discharged. This term includes structures or site
conditions which act to collect and convey stormwater runoff from roadways, urban areas or industrial sites. It does not include agricultural
stormwater discharges or return flows from irrigated agricultural land.
(nn) ‘‘Pollution’’ means:
(1) contamination or other alteration of the
physical, chemical, or biological properties of the
surface waters of the state, including, but not limited to, changes in temperature, taste, odor, turbidity or color of the waters, or discharges of gaseous, liquid, solid, radioactive, microbiological, or
other substances into surface waters in a manner
which may create a nuisance or render such waters harmful, detrimental or injurious to public
health, safety or welfare, or to domestic, industrial, agricultural, recreational or other beneficial
uses, or to livestock, domestic animals, or native
or naturalized plant or animal life; or
(2) any discharge that will or is likely to exceed
state effluent standards predicated upon technologically-based effluent limitations.
(oo) ‘‘Potable water’’ means water that is suitable for drinking and cooking purposes in terms
of both human health and aesthetic considerations.
(pp) ‘‘Precipitation runoff’’ means the rainwater, or the meltwater derived from snow, hail,
sleet or other forms of atmospheric precipitation,
that flows by gravity over the surface of the land
and into streams, lakes or wetlands.
(qq) ‘‘Presedimentation sludge’’ means a slurry
or suspension of residual solid materials derived
from an initial step in the production of potable
water. The solid materials include sand, silt and
other easily settleable particles originating from
the raw water supply.
(rr) ‘‘Private surface water’’ means any lake or
wetland that is both located on and completely
bordered by land under common private ownership.
(ss) ‘‘Seven-day, ten-year low flow (7Q10
flow)’’ means the seven-day average low flow having a recurrence frequency of once in ten years,
as statistically determined from historical flow
data. Where used in this regulation in the context
of mixing zones, the term refers to a minimum
stream flow occurring immediately upstream of a
wastewater discharge and available, in whole or in
part, for effluent dilution purposes.
(tt) ‘‘Site-specific criterion’’ means any criterion applicable to a given classified surface water
segment and developed for the protection of the
designated uses of that segment alone.
(uu) ‘‘Surface water register’’ means a list of
the state’s major classified surface waters, surface
water use designations, and outstanding natural
resource waters periodically updated and published by the department pursuant to the requirements of K.A.R. 28-16-28d(c)(2) and K.A.R. 28-
16-28f(a).
(vv) ‘‘Surface water segment’’ means a delineated portion of a stream, lake or wetland.
(ww) ‘‘Surface waters’’ means all:
(1) streams, including rivers, creeks, brooks,
sloughs, draws, arroyos, canals, springs, seeps and
cavern streams, and any alluvial aquifers associated with these surface waters;
(2) lakes, including oxbow lakes and other natural lakes and man-made reservoirs, lakes and
ponds; and
(3) wetlands, including water bodies meeting
the technical definition for jurisdictional wetlands
given in the ‘‘Federal Manual for Identifying and
Delineating Jurisdictional Wetlands,’’ as published on January 10, 1989 by the federal interagency committee for wetland delineation and
hereby adopted by reference.
(xx) ‘‘Surface waters of the state’’ means all surface waters occurring within the borders of the
state of Kansas or forming a part of the border
between Kansas and one of the adjoining states.
(yy) ‘‘Teratogenic’’ means having the property
of causing abnormalities that originate from impairment of an event that is typical in embryonic
or fetal development.
(zz) ‘‘Toxic substance’’ means any substance
that produces deleterious physiological effects in
humans, animals or plants.
(aaa) ‘‘Turbidity’’ means the cloudiness of water as measured by optical methods (nephelometry) and expressed in standard nephelometric
units.28-16-28c KANSAS DEPT. OF HEALTH AND ENVIRONMENT
188
(bbb) ‘‘Use attainability analysis’’ means any
study conducted or accepted by the department
that is designed to determine whether a surface
water or surface water segment supports, or is capable of supporting in the absence of artificial
sources of pollution, one or more of the designated uses defined in K.A.R. 28-16-28d(a).
(ccc) ‘‘Variance’’ means the department’s written approval and permitting of a proposed action
that knowingly will result in a lack of conformity
with one or more of the criteria of K.A.R. 28-16-
28e(c) but that is deemed necessary based on regional socioeconomic hardship considerations.
(ddd) ‘‘Water-effect ratio (WER)’’ means the
numerical toxicity (median lethal concentration or
no-observed-effect level) of a chemical pollutant
diluted in water from a given stream, lake or wetland divided by the numerical toxicity of the same
pollutant diluted in laboratory water.
(eee) ‘‘Water quality certification’’ means the
department’s written finding that a proposed action that impacts upon water quality will comply
with the terms and conditions of the surface water
quality standards.
(fff) ‘‘Whole-effluent toxicity limitation’’ means
any restriction imposed by the department on the
overall acute or chronic toxicity of an effluent discharged into a surface water.
(ggg) ‘‘Zone of initial dilution’’ means the region of a surface water in the immediate vicinity
of a discharge which comprises, in terms of volume, no more than ten percent of the mixing
zone. (Authorized by K.S.A. 65-171d; implementing K.S.A. 65-165 and K.S.A. 65-171d; effective
May 1, 1986; amended Aug. 29, 1994.)
28-16-28c. General provisions. (a) Antidegradation.
(1) Levels of water quality necessary to protect
existing and designated uses shall be maintained
in surface waters of the state.
(2) If existing surface water quality is better
than applicable water quality criteria established
in these regulations, water quality shall not be
lowered unless, after full satisfaction of the intergovernmental coordination and public participation requirements of the Kansas implementation
policies on antidegradation, the department has
determined that a lowering of water quality is
needed to provide for important social and economic development in the geographical area in
which the waters are located. In those instances
where the department permits the lowering of
surface water quality, the existing and designated
uses shall be fully protected and the highest statutory and regulatory requirements for all point
sources of pollution and all cost effective and reasonable best management practices for nonpoint
sources of pollution shall be achieved.
(3) Existing water quality shall not be lowered
by artificial sources of pollution in any outstanding
natural resource water designated in accordance
with K.A.R. 28-16-28d(c).
(4) No degradation of surface water quality by
artificial sources of pollution shall be allowed that
would result in harmful effects on populations of
any threatened or endangered species of aquatic
or semi-aquatic life or terrestrial wildlife in a critical habitat as defined in the federal endangered
species act, 16 U.S.C. 1531 et seq., as amended
on October 7, 1988, or in K.S.A. 1992 Supp. 32-
960 and K.A.R. 115-15-3.
(5) Temporary sources of pollution complying
with the provisions of K.A.R. 28-16-28c(d) and
K.A.R. 28-16-28e(b), and producing only ephemeral surface water quality degradation not harmful
to existing or designated uses, may be allowed by
the department.
(6) Implementation of these antidegradation
provisions for thermal discharges shall be consistent with the requirements of the federal clean
water act.
(b) Mixing zones.
(1) General limitations. Mixing zones shall not
extend across public drinking water intakes or
swimming or boat ramp areas, nor exist in locations that will preclude the normal upstream or
downstream movement or migration of aquatic
organisms. Mixing zones associated with separate
discharges shall not overlap unless it is demonstrated, to the department’s satisfaction, that the
overlapping will not result in a violation of any of
the general water quality criteria set forth in
K.A.R. 28-16-28e(b) or in an impairment of any
of the existing or designated uses of the receiving
surface water.
(2) Discharges into classified streams.
(A) No mixing zone within a classified stream
shall extend beyond the middle of the nearest
downstream current crossover point, where the
main current flows from one bank to the opposite
bank, or more than 300 meters downstream from
the point of effluent discharge.
(B) If the ratio of receiving stream 7Q10 flow
to discharge design flow is less than 3:1, the crosssectional area of the mixing zone shall not exceedWATER POLLUTION CONTROL 28-16-28c
189
the average cross-sectional area of the stream, as
measured immediately upstream of the discharge
during the 7Q10 flow.
(C) If the ratio of receiving stream 7Q10 flow
to discharge design flow is equal to or greater than
3:1, the cross-sectional area of the mixing zone
shall not exceed the following percentage of the
average cross-sectional area of the stream, as
measured immediately upstream of the discharge
during the 7Q10 flow:
(i) 25 percent of the average cross-sectional
area for any stream designated as an outstanding
natural resource water or special aquatic life use
water pursuant to K.A.R. 28-16-28d(c);
(ii) 50 percent of the average cross-sectional
area for any stream designated as an expected
aquatic life use water pursuant to K.A.R. 28-16-
28d(c); or
(iii) 100 percent of the average cross-sectional
area for any stream designated as a restricted
aquatic life use water pursuant to K.A.R. 28-16-
28d(c).
(D) In the calculation of the mixing zone crosssectional area in K.A.R. 28-16-28c(b)(2)(B) and
(C), an assumed 7Q10 flow of 0.003 cubic meters
per second shall be applied to any outstanding
natural resource water or special aquatic life use
water whose actual 7Q10 flow is less than 0.003
cubic meters per second; an assumed 7Q10 flow
of 0.03 cubic meters per second shall be applied
to any expected aquatic life use water or restricted
aquatic life use water whose actual 7Q10 flow is
less than 0.03 cubic meters per second.
(3) Discharges into classified lakes. Mixing
zones shall be prohibited by the department from
extending into any lake designated as an outstanding natural resource water or special aquatic life
use water pursuant to K.A.R. 28-16-28d(c). Mixing zones in lakes designated as expected aquatic
life use waters may be allowed by the department
provided they do not extend farther than 50 meters from the point of effluent discharge or comprise more than one percent of the total volume
of the receiving lake as measured at conservation
pool.
(4) Discharges into classified wetlands. Mixing
zones shall be prohibited by the department from
extending into any classified lacustrine or palustrine wetland as defined in the United States fish
and wildlife service’s ‘‘Classification of Wetlands
and Deepwater Habitats of the United States,’’ as
published in December 1979 and hereby adopted
by reference.
(5) Where site conditions preclude the rapid
dispersion and dilution of effluent within the receiving surface water or where, in the opinion of
the department, the presence of a mixing zone
would unduly jeopardize human health or any of
the existing or designated uses of the receiving
surface water, the department shall reserve the
right to prohibit the use of mixing zones or to
place more stringent limitations on mixing zones
than those stipulated in K.A.R. 28-16-28c(b)(2)
and (3).
(c) Special conditions. The following special
conditions shall not remove the obligation to design, build, or use the required or recommended
pollution control structures or methods to control
point and nonpoint sources of pollution as defined
in K.A.R. 28-16-28b(hh) and (mm).
(1) Low flow. Classified streams may be excluded by the department from the application of
some or all of the requirements of K.A.R. 28-16-
28e(c) when stream flow is less than the 7Q10
flow or the assumed 7Q10 flow as described in
K.A.R. 28-16-28c(b)(2)(D).
(2) High flow. Classified streams may be excluded by the department from the application of
the numerical criteria for fecal coliform bacteria
in K.A.R. 28-16-28e(c) when stream flow exceeds
50% of the estimated two-year flood flow.
(3) Effluent-created flow. For any classified
stream segment in which continuous flow is sustained primarily through the discharge of treated
effluent, and in which all designated uses are otherwise unattainable due to low or nonexisting
flow, the discharger shall not be required to provide treatment beyond that treatment required in
K.A.R. 28-16-28c(d)(1) unless such discharge
would otherwise result in violations of one or
more of the general surface water quality criteria
listed in K.A.R. 28-16-28e(b) or in an impairment
of any of the existing or designated uses of a downstream classified surface water segment.
(d) Treatment requirements.
(1) All effluent shall receive appropriate minimum levels of treatment as required by the federal clean water act.
(2) Effluent shall receive a higher level of treatment than that stipulated in K.A.R. 28-16-
28c(d)(1), (3), or (4) if the department determines
that this higher level of treatment is needed to
fully comply with the terms and conditions of
K.A.R. 28-16-28c(a) or K.A.R. 28-16-28e.
(3) Waste stabilization ponds providing at least
120 days detention and with at least three cells,28-16-28d KANSAS DEPT. OF HEALTH AND ENVIRONMENT
190
and treating domestic sewage, and meeting ‘‘Minimum Standards of Design’’ as published by the
department on August 17, 1978 and hereby
adopted by reference, shall be deemed to provide
acceptable levels of disinfection and ammonia removal.
(4) Wastewater effluent shall be disinfected if
it is determined by the department that the discharge of nondisinfected wastewater will cause a
threat to public health. Situations which constitute
a threat to public health shall include but not be
limited to instances in which a water body is
known or likely to be used for:
(A) contact or noncontact recreation; or
(B) domestic water supply.
(e) Analytical testing. All methods of sample
collection, preservation, and analysis used in applying any of these rules and regulations shall be
in accordance with those methods prescribed by
the department.
(f) Application of standards to privately-owned
surface waters. The application of water quality
standards to privately owned water bodies shall be
subject to the provisions of K.S.A. 65-171d. (Authorized by K.S.A. 65-171d; implementing K.S.A.
65-165 and 65-171d; effective May 1, 1986;
amended, T-87-8, May 1, 1986; amended May 1,
1987; amended Aug. 29, 1994.)
28-16-28d. Surface water use designation and classification. (a) Designated uses of
surface waters are defined as follows.
(1) ‘‘Agricultural water supply use’’ means the
use of surface water for agricultural purposes including:
(A) ‘‘Irrigation,’’ which means the withdrawal
of surface water for application onto land; and
(B) ‘‘Livestock watering,’’ which means the
provision of surface water to livestock for consumption.
(2) ‘‘Aquatic life support use’’ means the use of
surface water for the maintenance of the ecological integrity of streams, lakes and wetlands, including the sustained growth and propagation of
native aquatic life, indigenous or migratory semiaquatic life, or terrestrial wildlife directly or indirectly dependent on surface water for survival.
(A) ‘‘Special aquatic life use waters’’ means surface waters that contain combinations of habitat
types and indigenous biota not found commonly
in the state, or surface waters that contain representative populations of threatened or endangered species.
(B) ‘‘Expected aquatic life use waters’’ means
surface waters containing habitat types and indigenous biota commonly found or expected in the
state.
(C) ‘‘Restricted aquatic life use waters’’ means
surface waters containing indigenous biota limited
in abundance or diversity by the physical quality
of the habitat compared to more suitable habitats
in adjacent waters. Habitat availability and habitat
diversity in restricted aquatic life use waters are
severely limited due to natural deficiencies or artificial modifications.
(3) ‘‘Domestic water supply use’’ means the
use of surface water, after appropriate treatment,
for the production of potable water.
(4) ‘‘Food procurement use’’ means the use of
surface water for the obtaining of edible forms of
aquatic or semi-aquatic life for human consumption.
(5) ‘‘Groundwater recharge use’’ means the use
of surface water for the replenishing of fresh or
usable groundwater resources. This use may involve the infiltration and percolation of surface
water through sediments and soils or the direct
injection of surface water into underground aquifers.
(6) ‘‘Industrial water supply use’’ means the
use of surface water for non-potable purposes by
industry, including withdrawals for cooling or process water.
(7) ‘‘Recreational use’’ means the use of surface water for contact or noncontact recreation.
(A) ‘‘Contact recreational use’’ means recreation where the body is immersed in surface water
to the extent that some inadvertent ingestion of
water is probable. This use includes, but is not
limited to, swimming, skin diving, water skiing,
and wind surfing.
(B) ‘‘Noncontact recreational use’’ means recreation where ingestion of surface water is not
probable. This use includes, but is not limited to,
wading, boating, fishing, trapping, mussel harvesting, and hunting.
(b) Surface water classification. Surface waters
shall be classified as follows:
(1) Classified streams shall include all streams
with mean summer base flows exceeding 0.003
cubic meters per second. Regardless of flow, a
stream shall be classified if studies conducted or
accepted by the department show that pooling of
water during periods of zero flow provides important refuges for aquatic life and permits bio-WATER POLLUTION CONTROL 28-16-28e
191
logical recolonization of intermittently flowing
segments.
(2) 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 contact or noncontact recreation.
(3) Classified wetlands shall be all wetlands
owned by federal, state, county, or municipal authorities, exclusive of artificial wetlands created
for the purpose of wastewater treatment, all privately owned wetlands open to the general public
for hunting, trapping or other forms of noncontact
recreation, and all wetlands designated as outstanding natural resource waters or special aquatic
life use waters pursuant to K.A.R. 28-16-28d(c).
(c) Assignment of uses to surface waters.
(1) At a minimum, all classified surface waters
shall be designated for the noncontact recreational use and one of the three categories of
aquatic life support use described in K.A.R. 28-
16-28d(a)(2). Classified surface waters shall be
designated for uses based upon the results of use
attainability analyses conducted or accepted by
the department. The provisions of the federal water quality standards regulation, 40 CFR 131.10,
as in effect on July 1, 1993, shall be followed and
are hereby adopted by reference.
(2) A register of surface water use designations
and outstanding natural resource waters shall be
maintained by the department. This register shall
identify the designated uses of all major classified
streams and lakes and list those streams, lakes and
wetlands designated by the department as outstanding natural resource waters, special aquatic
life use waters, or restricted aquatic life use waters. In the application of the current regulations,
surface water use designations and outstanding
natural resource waters shall be those identified
in the ‘‘Kansas Surface Water Register,’’ as published by the department on June 20, 1994 and
hereby adopted by reference.
(3) Beneficial use designations for classified
streams, lakes and wetlands not listed in the surface water register shall be determined by the department on a case-by-case basis in accordance
with the requirements of K.A.R. 28-16-28d(c)(1).
(Authorized by K.S.A. 65-171d; implementing
K.S.A. 65-165 and 65-171d; effective May 1, 1986;
amended, T-87-8, May 1, 1986; amended May 1,
1987; amended Aug. 29, 1994.)
28-16-28e. Surface water quality criteria. (a) Criteria development guidance. The development of surface water quality criteria for
substances not listed in these standards shall be
guided by water quality criteria published by the
United States environmental protection agency.
When the department finds that the criteria listed
herein are underprotective or overprotective for
a given surface water segment, the department
may, in accordance with K.A.R. 28-16-28f(f), develop and apply appropriate site-specific criteria
using bioassessment methods or other related scientific procedures, including those procedures
described in the United States environmental protection agency’s ‘‘Water Quality Standards Handbook,’’ second edition, as published in September
1993.
(b) General criteria for surface waters. The following criteria shall apply to all surface waters,
regardless of classification.
(1) Surface waters shall be free, at all times,
from the harmful effects of substances that originate from artificial sources of pollution and that
produce any public health hazard, nuisance condition, or impairment of designated use.
(2) Hazardous materials derived from artificial
sources, including, but not limited to, toxic chemicals, radioactive isotopes, and infectious microorganisms derived directly or indirectly from
point or nonpoint sources, shall not occur in surface waters at concentrations or in combinations
that jeopardize the public health or the survival or
well-being of livestock, domestic animals, terrestrial wildlife, or aquatic or semi-aquatic life.
(3) Surface waters shall be free of all discarded
solid materials, including trash, garbage, rubbish,
offal, grass clippings, discarded building or construction materials, car bodies, tires, wire, or other
unwanted or discarded materials. The placement
of stone and concrete rubble for bank stabilization
shall be acceptable if authorized in advance by the
department.
(4) Surface waters shall be free of floating debris, scum, foam, froth, or other floating materials
directly or indirectly attributable to artificial
sources of pollution.
(5) Oil and grease from artificial sources shall
not cause visible films to form upon the surface
of the water or upon submerged substrate or adjoining shorelines, nor shall these materials cause
a sludge or emulsion to be deposited beneath the
surface of the water or upon the adjoining shorelines.28-16-28e KANSAS DEPT. OF HEALTH AND ENVIRONMENT
192
(6) Surface waters shall be free of deposits of
sludge or fine solids attributable to artificial
sources of pollution.
(7) Taste and odor-producing substances of artificial origin shall not occur in surface waters at
concentrations that interfere with the production
of potable water by conventional water treatment
processes, or impart unpalatable flavor to edible
aquatic or semi-aquatic life or terrestrial wildlife,
or result in noticeable odors in the vicinity of surface waters.
(8) The natural appearance of surface waters
shall not be altered by the addition of color-producing or turbidity-producing substances of artificial origin.
(c) Criteria for designated uses of surface waters. The following critieria shall apply to all classified surface waters designated for the indicated
beneficial uses.
(1) Agricultural water supply use. The water
quality criteria for irrigation and livestock watering set forth in Table 1a of K.A.R. 28-16-28e(d)
shall not be exceeded outside of mixing zones due
to artificial sources of pollution.
(2) Aquatic life support use.
(A) Dissolved oxygen. The concentration of
dissolved oxygen in surface waters shall not be
lowered below 5.0 mg/L by the influence of artificial sources of pollution.
(B) Nutrients. The introduction of plant nutrients into streams, lakes or wetlands from artificial
sources shall be controlled to prevent the accelerated succession or replacement of aquatic biota
or the production of undesirable quantities or
kinds of aquatic life.
(C) pH. Artificial sources of pollution shall not
cause the pH of any surface water outside of a
zone of initial dilution to be below 6.5 nor above
8.5.
(D) Suspended solids. Suspended solids added
to surface waters by artificial sources shall not interfere with the behavior, reproduction, physical
habitat, or other factors related to the survival and
propagation of aquatic or semi-aquatic life or terrestrial wildlife. In the application of this provision, suspended solids associated with discharges
of presedimentation sludge from water treatment
facilities shall be deemed noninjurious to aquatic
and semi-aquatic life and terrestrial wildlife, provided that such discharges comply fully with the
requirements of K.A.R. 28-16-28e(b) (6) and (8)
and K.A.R. 26-16-28e(c) (2) (F).
(E) Temperature.
(i) Except as provided in K.A.R. 28-16-28e(c)
(2) (E) (ii), a discharge shall not elevate the temperature of a receiving surface water beyond the
zone of initial dilution above 327C. Heat of artificial origin shall not be added to a surface water
in excess of the amount that will raise the temperature of the water beyond the mixing zone
more than 37C above natural conditions. The normal daily and seasonal temperature variations occurring within a surface water before the addition
of heat of artificial origin shall be maintained.
(ii) Temperature criteria applicable to industrial cooling water recycling reservoirs that meet
the requirements for classification presented in
K.A.R. 28-16-28d(b) (2) shall be established by
the department on a case-by-case basis.
(F) Toxic substances.
(i) Conditions of acute toxicity shall not occur
in classified surface waters outside of zones of initial dilution, nor shall conditions of chronic toxicity occur in classified surface waters outside of
mixing zones.
(ii) Acute criteria for the aquatic life support
use given in tables 1a, 1b and 1c of K.A.R. 28-
16-28e(d) shall apply beyond the edge of the zone
of initial dilution. Chronic criteria for the aquatic
life support use given in tables 1a, 1b and 1c of
K.A.R. 28-16-28e(d) shall apply beyond the edge
of the mixing zone.
(iii) When a discharge contains a toxic substance that lacks any published criteria for the
aquatic life support use, or when a discharge contains a complex mixture of toxic substances capable of additive or synergistic interactions, bioassessment methods and procedures shall be used
by the department to establish whole-effluent toxicity limitations which are consistent with paragraph (2) (f) (i) of this subsection.
(3) Domestic water supply use.
(A) Except as provided in K.A.R. 28-16-28e(c)
(3) (B), criteria listed in Table 1a of K.A.R. 28-16-
28e(d) for domestic water supply use shall not be
exceeded at any point of domestic water supply
diversion.
(B) Where surface water concentrations of
chloride or sulfate, or both, exceed the criteria
listed in Table 1a of K.A.R. 28-16-28e(d) due to
the naturally occurring intrusion of highly mineralized groundwater, domestic water supply criteria for these ions shall be determined by the
department on a case-by-case basis. Criteria developed by the department pursuant to this pro-WATER POLLUTION CONTROL 28-16-28e
193
vision shall be intended to prevent any further
degradation in surface water quality.
(C) Any substance derived from an artificial
source that, alone or in combination with other synthetic or naturally occurring substances, causes
toxic, carcinogenic, teratogenic or mutagenic effects
in humans shall be limited to non-harmful concentrations in surface waters. Unless site-specific water
quality conditions warrant the promulgation of
more protective criteria under the provisions of
K.A.R. 28-16-28e(a) and K.A.R. 28-16-28f(f), maximum contaminant levels for toxic, carcinogenic,
teratogenic or mutagenic substances promulgated
by the United States environmental protection
agency pursuant to section 300g-1 of the federal
safe drinking water act, 42 U.S.C. 300f to 300j-9, as
amended on June 19, 1986, shall be deemed nonharmful by the department and adopted as domestic water supply criteria.
(4) Food procurement use.
(A) Criteria listed in Table 1a of K.A.R. 28-
16-28e(d) for food procurement use shall not be
exceeded outside of a mixing zone due to any artificial source of pollution.
(B) Substances that can bioaccumulate in the
tissues of edible aquatic or semi-aquatic life or
wildlife through bioconcentration or biomagnification shall be limited in surface waters to concentrations that result in no harm to human consumers of these tissues. For bioaccumulative
carcinogens, surface water concentrations corresponding to a cancer risk level of less than
0.000001 (10
-6
) in human consumers of aquatic or
semi-aquatic life or wildlife shall be deemed
non-harmful by the department and adopted as
food procurement criteria. Average rates of tissue
consumption and lifetime exposure shall be assumed by the department in the estimation of the
cancer risk level.
(5) Groundwater recharge use. In surface waters designated for the groundwater recharge use,
water quality shall be such that, at a minimum,
degradation of groundwater quality does not occur. Degradation shall include any measurable increase in the concentration of any chemical or
radiological contaminant or infectious microorganism in groundwater resulting from surface water infiltration or injection.
(6) Industrial water supply use. Surface water
quality criteria for industrial water supplies shall
be determined by the department on a case-bycase basis.
(7) Recreational use.
(A) General. The introduction of plant nutrients into surface waters designated for contact or
noncontact recreational use shall be controlled to
prevent the development of objectional concentrations of algae or algal by-products or nuisance
growths of submersed, floating or emergent
aquatic vegetation.
(B) Contact recreation. Artificial sources of
pollution shall not cause concentrations of fecal
coliform bacteria in surface waters designated for
contact recreational use to exceed a geometric
mean of 200 organisms per 100 milliliters outside
of mixing zones. Calculation of the geometric
mean shall be based on the analysis of at least five
consecutive samples collected during separate
24-hour periods. No more than 10 percent of samples taken during any 30-day period shall exceed
400 organisms per 100 milliliter sample. These
criteria shall be in effect from April 1 through October 31 of each year.
(C) Noncontact recreation. Artificial sources of
pollution shall not cause concentrations of fecal
coliform bacteria in surface waters designated for
noncontact recreational use to exceed 2,000 organisms per 100 milliliters outside of mixing
zones. This criterion shall be in effect from January 1 through December 31 of each year.
(8) Multiple uses. If a classified surface water
or surface water segment is designated for more
than one beneficial use pursuant to K.A.R. 28-
16-28d(c), the water quality of the surface water
or surface water segment shall comply with the
most stringent of the applicable water quality criteria.28-16-28e KANSAS DEPARTMENT OF HEALTH AND ENVIRONMENT
194
(d) Tables.
1a. Numeric criteria.
USE CATEGORY
AQUATIC LIFE AGRICULTURE PUBLIC HEALTH
PARAMETER ACUTE CHRONIC LIVESTOCK IRRIGATION
FOOD
PROCUREMENT
DOMESTIC
WATER SUPPLY
RADIONUCLIDES (pCi/L)
gross beta radioactivity a a a a a 50
gross alpha particles including radium-226, but not radon or uranium a a a a a 15
radium 226 and 228 combined a a a a a 5
strontium 90 a a a a a 8
tritium a a a a a 20,000
METALS (mg/L)
antimony, total 88 30 a a 4,500 6
arsenic, total a 50 200 100 a 50
arsenic (III) 379 50 a a a a
arsenic (V) 850 48 a a a a
barium a a a a a 2,000
beryllium, total 130 5.3 a 100 0.13 4
boron, total a a 5,000 750 a a
cadmium, total table 1b table 1b 20 10 170 5
chromium, total a 40 1,000 100 a 100
chromium (III) table 1b table 1b a a 3,433,000 50
chromium (VI) 17 12 a a 3,400 50
copper, total table 1b table 1b 500 200 a 1,300
lead, total table 1b table 1b 100 5,000 a 15
mercury, total 2.8 0.012 10 a 0.146 2
nickel, total table 1b table 1b 500 200 100 100
selenium, total 20 5 50 20 6,800 50
selenium (V) 11.2 a a a a a
silver, total table 1b a a a a 50
thallium, total 1,400 40 a a 48 2
zinc, total table 1b table 1b 25,000 2,000 a a
OTHER INORGANIC SUBSTANCES (mg/L)
ammonia table 1c table 1c a a a a
asbestos (mfibers/L) a a a a a 7,000,000
chloride 860,000 230,000 a a a 250,000
chlorine, total residual 19 11 a a a a
cyanide (free) 22 5.2 a a 220,000 200
fluoride a a 2,000 1,000 a 2,000
nitrate (as N) a a a a a 10,000
nitrite 1 nitrate (as N) a a 100,000 a a 10,000
phosphorus, elemental (white) a 0.1 a a a a
sulfate a a 1,000,000 a a 250,000
ORGANIC SUBSTANCES (mg/L)
Benzenes . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
aminobenzene (analine) 14 6.7 a a a a
benzene 5,300 a a a 40 5
chlorobenzene 250 50 a a 21,000 100
dichlorobenzenes, total 1,120 763 a a 2,600 a
o-dichlorobenzene 1,120 763 a a 2,600 600
m-dichlorobenzene 1,120 763 a a 2,600 600
p-dichlorobenzene a a a a 2,600 75
other chlorinated benzenes, total 250 50 a a a a
1,2,4-trichlorobenzene 250 a a a a 70
1,2,4,5-tetrachlorobenzene 250 50 a a 48 a
pentachlorobenzene 250 50 a a 85 a
hexachlorobenzene 6.0 3.7 a a 0.00074 1
ethylbenzene 32,000 a a a 28,718 700WATER POLLUTION CONTROL 28-16-28e
195
USE CATEGORY
AQUATIC LIFE AGRICULTURE PUBLIC HEALTH
PARAMETER ACUTE CHRONIC LIVESTOCK IRRIGATION
FOOD
PROCUREMENT
DOMESTIC
WATER SUPPLY
nitrobenzene 27,000 a a a 1,900 a
pentachloronitrobenzene 250 50 a a a a
vinylbenzene (styrene) a a a a a 100
Ethers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
chloroalkyl ethers, total 238,000 a a a a a
bis(2-chloroethyl)ether 238,000 a a a 1.36 a
bis(2-chloroisopropyl)ether 238,000 a a a 0.00184 a
bis(chloromethyl)ether 238,000 a a a 0.00184 a
2-chloroethyl vinyl ether 360 120 a a a a
halogenated ethers, total 360 122 a a a a
chloromethyl methyl ether 238,000 a a a 0.00184 a
4,4’-dibromodiphenyl ether 360 120 a a a a
hexabromodiphenyl ether 360 120 a a a a
nonabromodiphenyl ether 360 120 a a a a
pentabromodiphenyl ether 360 120 a a a a
tetrabromodiphenyl ether 360 120 a a a a
tribromodiphenyl ether 360 120 a a a a
Halogenated Hydrocarbons . . . . . . . . .
chlorinated ethanes
1,2-dichloroethane 18,000 2,000 a a 243 5
1,1,1-trichloroethane 18,000 a a a 173,077 200
1,1,2-trichloroethane 18,000 9,400 a a 41.8 5
tetrachloroethanes, total 9,320 a a a a a
1,1,1,2-tetrachloroethane 9,320 a a a a a
1,1,2,2-tetrachloroethane 9,320 2,400 a a 10.7 a
pentachloroethane 7,240 1,100 a a a a
hexachloroethane 980 540 a a 8.74 a
chlorinated ethylenes, total 11,600 a a a 1.85 a
1,1-dichloroethylene 11,600 a a a 1.85 7
cis-1,2-dichloroethylene 11,600 a a a 1.85 70
trans-1,2-dichloroethylene 11,600 a a a 140,000 100
trichloroethylene 45,000 21,900 a a 80.7 5
tetrachloroethylene 5,280 840 a a 8.85 5
chlorinated propanes/propenes
1,2-dichloropropane 23,000 5,700 9.0 a 39 5
1,3-dichloropropene 6,600 244 a a 14.1 a
Other Halogenated Hydrocarbons
halogenated methanes, total 11,000 a a a 15.7 100
bromomethane 11,000 a a a 15.7 a
1,2-dibromoethane a a a a a 0.05
tribromomethane (bromoform) 11,000 a a a 15.7 100
bis(2-chloroethoxy) methane 11,000 a a a 15.7 a
bromodichloromethane 11,000 a a a 15.7 100
bromochloromethane 11,000 a a a 15.7 a
bromotrichloromethane 11,000 a a a 15.7 a
dibromochloromethane 11,000 a a a 15.7 100
dibromochloropropane a a a a 15.7 0.2
dibromodichloromethane 11,000 a a a 15.7 a
dichlorodifuoromethane 11,000 a a a 15.7 a
dichloromethane 11,000 a a a 1,600 5
trichloromethane (chloroform) 28,900 1,240 a a 15.7 100
tribromochloromethane 11,000 a a a 15.7 a
trichlorofluoromethane 11,000 a a a 15.7 a
tetrachloromethane (carbon
tetrachloride) 35,200 a a a 6.94 5
di(2-ethylhexl)adipate a a a a a 500
hexachlorobutadiene 90 9.3 a a 50 a
hexachlorocyclopentadiene 7 5.2 a a 206 50
vinyl chloride a a a a 525 228-16-28e KANSAS DEPARTMENT OF HEALTH AND ENVIRONMENT
196
USE CATEGORY
AQUATIC LIFE AGRICULTURE PUBLIC HEALTH
PARAMETER ACUTE CHRONIC LIVESTOCK IRRIGATION
FOOD
PROCUREMENT
DOMESTIC
WATER SUPPLY
Miscellaneous Organics . . . . . . . . . . . . .
dioxin (2,3,7,8 TCDD) 0.01 0.00001 a a 0.000000014 0.00000003
isosphorone 117,000 a a a 520,000 a
polychlorinated biphenyls, total 2 0.014 a a 0.0000079 0.5
tributyltin oxide 0.149 0.026 a a a a
Nitrogen Compounds . . . . . . . . . . . . . . .
nitrosamines, total 5,850 a a a 1.24 a
N-nitrosodibutylamine 5,850 a a a 0.587 a
N-nitrosodiethanolamine 5,850 a a a 1.24 a
N-nitrosodiethylamine 5,850 a a a 1.24 a
N-nitrosodimethylamine 5,850 a a a 1.6 a
N-nitrosodiphenylamine 5,850 a a a 16.1 a
N-nitrosodi-n-propylamine a a a a 1.24 a
N-nitrosopyrrolidine 5,850 a a a 91.9 a
acrylonitrile 7,550 2,600 a a 0.65 a
benzidene 2,500 a a a 0.000535 a
3,3’-dichlorobenzidine a a a a 0.02 a
1,2-diphenyl hydrazine 270 a a a 0.56 a
Polynuclear Aromatic Hydrocarbons, total a a a a 0.0311 0.2
acenaphthene 1,700 520 a a a a
acenaphthylene a a a a 0.0311 a
anthracene a a a a 0.0311 a
benzo(a)anthracene a a a a 0.0311 0.2
benzo(a)pyrene a a a a 0.0311 0.2
benzo(b)fluoranthene a a a a 0.0311 0.2
benzo(g,h,i)perylene a a a a 0.0311 a
benzo(k)fluoranthene a a a a 0.0311 0.2
chrysene a a a a 0.0311 0.2
dibenzo(a,h)anthracene a a a a 0.0311 0.3
fluoranthene 3,980 a a a a a
fluorene a a a a 0.0311 a
ideno(1,2,3-cd)pyrene a a a a 0.0311 0.4
naphthalene 2,300 620 a a a a
phenanthrene 30 6.3 a a 0.0311 a
pyrene a a a a 0.0311 a
Phthalate Esters . . . . . . . . . . . . . . . . . . . . .
phthalates, total 940 3 a a a a
butylbenzyl phthalate a a a a 5,200 100
di(2-ethylhexyl)phthalate 400 360 a a 5,000 4
dibutyl phthalate 940 3 a a 154,000 a
diethyl phthalate a a a a 1,800,000 5
dimethyl phthalate 940 3 a a 2,900,000 a
Phenolic Compounds . . . . . . . . . . . . . . .
phenol 10,200 2,560 a a 4,600,000 a
2,4-dimethyl phenol 1,300 530 a a 2,300 a
chlorinated phenols
2-chlorophenol 4,380 2,000 a a 400 a
3-chlorophenol a a a a 29,000 a
2,4-dichlorophenol 2,020 365 a a 3,090 a
2,4,5-trichlorophenol 100 63 a a a a
2,4,6-trichlorophenol a 970 a a 3.6 a
pentachlorophenol table 1b table 1b a a 8.2 1
3-methyl-4-chlorophenol 30 a a a a a
nitrophenols, total 230 150 a a a a
2,4-dinitrophenol a a a a 765 a
4,6-dinitro-o-cresol a a a a 765 a
Toluenes . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
toluene 17,500 a a a 424,000 1,000
dinitrotoluenes, total 330 230 a a 9.1 aWATER POLLUTION CONTROL 28-16-28e
197
USE CATEGORY
AQUATIC LIFE AGRICULTURE PUBLIC HEALTH
PARAMETER ACUTE CHRONIC LIVESTOCK IRRIGATION
FOOD
PROCUREMENT
DOMESTIC
WATER SUPPLY
2,4-dinitrotoluene 330 230 a a 9.1 a
xylene a a a a a 10,000
PESTICIDES (mg/L)
acrolein 68 21 a a 780 a
acrylamide a a a a a 0.01
alachlor (lasso) 760 76 100 a a 2
aldicarb a a a a a 3
aldicarb sulfone a a a a a 2
aldicarb sulfoxide a a a a a 3
aldrin 3 0.001 1 a 0.000079 a
atrazine (aatrex) 170 1 a a a 3
bromoxynil (MCPA) a a 20 a a a
carbaryl (sevin) a 0.02 100 a a a
carbofuran (furadan) a a 100 a a 40
chlordane 2.4 0.0043 3 a 0.00048 2
chlorpyrifos 0.083 0.041 100 a a a
2,4-D a a a a a 70
dacthal (DCPA) a 14,300 a a a a
dalapon a 110 a a a 200
diazinon (spectracide) a 0.08 100 a a a
DDT and Metabolites . . . . . . . . . . . .
4,4’-DDE (p,p’-DDE) 1,050 a a a 0.00059 a
4,4’-DDD (p,p’-DDD) a a a a 0.00084 a
DDT, total 1.1 0.001 50 a 0.000024 a
dieldrin 1.0 0.0019 1 a 0.000076 a
dinoseb (DNBP) a a a a a 7
diquat a a a a a 20
disulfoton (disyston) a a 100 a a a
endosulfan, total 0.22 0.056 a a 159 a
alpha-endosulfan 0.22 0.056 a a 159 a
beta-endosulfan 0.22 0.056 a a 159 a
endosulfan sulfate a a a a 159 a
endothall a a a a a 100
endrin 0.18 0.0023 0.5 a 0.81 2
endrin aldehyde a a a a 0.81 a
epichlorohydrin a a a a a 4
ethylene dibromide a a a a a 0.05
fenchlorfos (ronnel) a a 100 a a a
glyphosate (roundup) a a a a a 700
guthion a 0.010 100 a a a
heptachlor 0.52 0.0038 0.1 a 0.00029 0.4
heptachlor epoxide 0.52 0.0038 0.1 a 0.00029 0.2
hexachlorocyclohexane 100 a a a a a
alpha-HCH 100 a a a 0.0031 a
beta-HCH 100 a a a 0.0547 a
delta-HCH 100 a a a a a
gamma-HCH (lindane) 2 0.08 5 a 0.0625 0.2
technical-HCH a a a a 0.0414 a
malathion a 0.10 100 a a a
methoxycnlor a 0.03 1,000 a a 40
methyl parathion a a 100 a a a
metribuzin (sencor) a 100 a a a a
mirex a 0.001 a a 0.000097 a
oxamyl (vydate) a a a a a 200
parathion 0.065 0.013 100 a a a
picloram (tordon) a a a a a 500
propachlor (ramrod) a 8 a a a a
simazine (princep) a a 10 a a 428-16-28e KANSAS DEPARTMENT OF HEALTH AND ENVIRONMENT
198
USE CATEGORY
AQUATIC LIFE AGRICULTURE PUBLIC HEALTH
PARAMETER ACUTE CHRONIC LIVESTOCK IRRIGATION
FOOD
PROCUREMENT
DOMESTIC
WATER SUPPLY
toxaphene 0.73 0.0002 5 a 0.00073 3
2,4,5-T a a 2 a a a
2,4,5-TP (silvex) a a a a a 50
a—criterion not available
Table 1b. Formulae for calculation of hardness-dependent aquatic life support criteria for chromium
III and total cadmium, total copper, total lead, total nickel, total silver and total zinc and
pH-dependent aquatic life support criteria for pentachlorophenol. A WER value of 1.0 is
applied in the hardness-dependent equations for total metals unless a site-specific WER
has been determined and adopted by the department in accordance with K.A.R. 28-16-
28e(a) and K.A.R. 28-16-28f(f). Hardness values in metal formulae are entered in units of
mg/L as CaCo3
.Pentachlorophenol formulae apply only over the pH range 6.5-8.5 .
CADMIUM (ug/L):
acute criterion 5 WER [[EXP[(1.1280*(LN(hardness)))-3.828]]*1.2]
chronic criterion 5 WER [[EXP[(0.7852*(LN(hardness)))-3.490]]*1.2]
CHROMIUM III (ug/L):
acute criterion 5 WER [[EXP[(0.819*(LN(hardness)))1 3.6880]]*1.2]
chronic criterion 5 WER [[EXP[(0.819*(LN(hardness)))1 1.5610]]*1.2]
COPPER (ug/L):
acute criterion 5 WER [[EXP[(0.9422*(LN(hardness)))-1.464]]*1.2]
chronic criterion 5 WER [[EXP[(0.8545*(LN(hardness)))-1.465]]*1.2]
LEAD (ug/L):
acute criterion 5 WER [[EXP[(1.273*(LN(hardness)))-1.460]]*2.0]
chronic criterion 5 WER [[EXP[(1.273*(LN(hardness)))-4.705]]*4.0]
NICKEL (ug/L):
acute criterion 5 WER [[EXP[(0.846*(LN(hardness)))1 3.3612]]*1.2]
chronic criterion 5 WER [[EXP[(0.846*(LN(hardness)))1 1.1645]]*1.2]
PENTACHLOROPHENOL (ug/L):
acute criterion 5 EXP[(1.005*pH)-4.830]
chronic criterion 5 EXP[(1.005*pH)-5.290]
SILVER (ug/L):
acute criterion 5 WER[[EXP[(1.72*(LN(hardness)))-6.52]]*1.2]
ZINC (ug/L):
acute criterion 5 WER [[EXP[(0.8473*(LN(hardness)))1 0.8604]]*1.2]
chronic criterion 5 WER [[EXP[(0.8473*(LN(hardness)))1 0.7614]]*1.2]WATER POLLUTION CONTROL 28-16-28f
199
Table 1c. Temperature- and pH-dependent aquatic life support criteria for total ammonia. For other
temperature and pH combinations within the temperature and pH ranges shown, acute and
chronic criteria for total ammonia are derivable through linear interpolation of the bracketing
table values.
CRITERION ACUTE CONCENTRATIONS
(TOTAL AMMONIA AS N, MG/L)
TEMPERATURE (DEGREES CELSIUS)
pH 0.0 5.0 10.0 15.0 20.0 25.0 30.0
6.50 41.75 39.14 37.06 36.03 34.41 34.04 24.06
6.75 38.45 35.84 34.37 32.75 31.74 31.57 22.33
7.00 33.39 31.69 29.66 28.98 28.18 27.76 19.65
7.25 27.77 25.95 24.69 23.51 23.08 22.74 16.13
7.50 20.69 19.49 18.63 17.88 17.49 17.63 12.57
7.75 14.51 13.74 13.07 12.57 12.07 12.37 8.85
8.00 9.51 8.93 8.52 8.28 8.16 8.24 5.95
8.25 5.38 5.07 4.86 4.75 4.72 4.83 3.54
8.50 3.06 2.90 2.80 2.77 2.79 2.91 2.18
8.75 1.75 1.68 1.64 1.65 1.71 1.83 1.42
9.00 1.02 0.99 0.99 1.03 1.10 1.22 0.99
CRITERION CHRONIC CONCENTRATIONS
(TOTAL AMMONIA AS N, MG/L)
TEMPERATURE (DEGREES CELSIUS)
pH 0.0 5.0 10.0 15.0 20.0 25.0 30.0
6.50 2.20 2.06 1.95 1.90 1.81 1.79 1.27
6.75 2.58 2.41 2.31 2.20 2.13 2.12 1.50
7.00 3.12 2.96 2.77 2.71 2.63 2.59 1.84
7.25 4.27 3.99 3.80 3.62 3.55 3.50 2.48
7.50 3.18 3.00 2.87 2.75 2.69 2.71 1.93
7.75 2.23 2.11 2.01 1.93 1.86 1.90 1.36
8.00 1.46 1.37 1.31 1.27 1.26 1.27 0.92
8.25 0.83 0.78 0.75 0.73 0.73 0.74 0.54
8.50 0.47 0.45 0.43 0.43 0.43 0.45 0.34
8.75 0.27 0.26 0.25 0.25 0.26 0.28 0.22
9.00 0.16 0.15 0.15 0.16 0.17 0.19 0.15
(Authorized by K.S.A. 65-171d; implementing K.S.A. 65-165 and 65-171d; effective May 1, 1986;
amended, T-87-8, May 1, 1986; amended May 1, 1987; amended Aug. 29, 1994.)
28-16-28f. Administration of surface
water quality standards. (a) Review and revision. At least once every three years, a public hearing shall be held for the purpose of reviewing, and
as appropriate, modifying the surface water quality standards and the surface water register.
(b) Application of modified surface water quality standards. A modification to the surface water
quality standards, the surface water register, or
both, shall have no effect on the requirements of
any unexpired discharge permit issued under
K.S.A. 65-165, unless the discharge fails to meet
the requirements of the permit or the department
has reason to believe that continuation of the discharge will result in public health hazards or in
irreversible water use impairments.
(c) Water quality certification. No action identified below shall be taken unless the department28-16-29 KANSAS DEPARTMENT OF HEALTH AND ENVIRONMENT
200
has issued a water quality certification for the action:
(1) any action requiring a federal license or
permit to the federal clean water act;
(2) any action subject to the permitting provisions of K.S.A. 65-165;
(3) any water development project subject to
the provisions of K.S.A. 82a-325 et seq., as
amended;
(4) any solid waste processing or disposal system subject to the permitting provisions of K.S.A.
65-3041 et seq.;
(5) any hazardous waste treatment, storage or
disposal facility subject to the permitting provisions of K.S.A. 65-3430 et seq.; and
(6) any action undertaken by any Kansas state
agency which, in the opinion of the department,
has a potential water quality impact.
(d) Compliance schedules.
(1) Except as provided in K.A.R. 28-16-
28f(d)(2), compliance schedules contained in any
discharge permit or license issued by the department pursuant to the federal clean water act or
K.S.A. 65-165 shall not extend more than three
years beyond the date of permit issuance.
(2) Compliance schedules of up to five years
total duration may be granted if it is demonstrated, to the department’s satisfaction, that the
strict application of K.A.R. 28-16-28f(d)(1) is not
feasible due to construction scheduling constraints or other technical limitations.
(e) Variances. If, upon written application by
any person, the department finds that by reason
of substantial and widespread socioeconomic impact the strict enforcement of the water quality
criteria of K.A.R. 28-16-28e(c) is not feasible, the
department may permit a variance.
(1) The provisions of 40 CFR 131.10(g), as in
effect on July 1, 1993 and hereby adopted by reference, shall be considered by the department in
reviewing the need for a variance.
(2) In granting a variance the department may
set conditions and time limitations with the intent
that progress be made toward improvements in
surface water quality.
(3) A variance shall be granted only after public
notification and opportunity for public comment.
(4) No action that impacts upon water quality
shall be granted a variance from the terms and
conditions of K.A.R. 28-16-28e(b).
(f) Site-specific criteria. Whenever the department proposes to use any site-specific criterion, a
public notice stating the intention to use a sitespecific criterion shall be issued by the department. The public notice shall include a description of the affected surface water or surface water
segment and the reasons for applying the proposed criterion. If the department determines
there is significant public interest, a public hearing shall be held in the geographical vicinity of the
affected surface water or surface water segment.
A public notice of the final site-specific criterion
shall be published in the Kansas register.
(g) Enforcement. Upon finding a violation of
the surface water quality standards, an investigation to determine the cause of the violation shall
be conducted by the department. If the department finds the violation to be caused by an artificial source of pollution, the person or persons
responsible for the source of pollution shall be
required by the department to initiate corrective
actions that fully restore the designated uses of
the affected surface water or surface water segment and provide for the return of the original
surface water quality conditions. Nothing in this
regulation shall abridge the right of the department to proceed with enforcement actions as provided in other Kansas statutes, or regulations, or
both. (Authorized by K.S.A. 65-171d; implementing K.S.A. 65-165 and K.S.A. 65-171d; effective
May 1, 1986; amended Aug. 29, 1994.)
28-16-29. (Authorized by K.S.A. 1976
Supp. 65-4512; effective, E-77-43, Sept. 23, 1976;
effective Feb. 15, 1977; revoked Sept. 28, 1992.)
28-16-30. Requirements for water and
wastewater operator certification. (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.
(b) Each applicant shall own, be 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.
(c) Each applicant shall submit a completed
and approved 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 that test date.
(d) If an applicant willfully provides false information on the application, the applicant shall not
be accepted for examination and the fee shall not
be returned. The applicant shall be notified of thisWATER POLLUTION CONTROL 28-16-35
201
decision and shall not be allowed to take the examination for two years. (Authorized by and implementing K.S.A. 65-4512; effective Sept. 28, 1992.)
28-16-31. Eligibility for water and
wastewater operator certification. (a) Applicants for certification shall meet eligibility
requirements as noted in the following table.
CERTIFICATE
CLASS POINTS EXPERIENCE
Small System 0.5 None
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
One year of operating experience 1.0
One year of primary, secondary or postsecondary education completed 1.0
High school graduation (GED or equivalent) 12.0
One full year of college (30 hours credit) 1.0
Approved training (40 contact hours) 1.0
California State University correspondence
courses (each volume) 1.0
Department correspondence course 0.5
Approved semester courses (60 contact hours) 1.5
Approved two year environmental technology
degree 6.0
(2) Completion of an approved two year environmental technology degree provides the year of
experience requirement for taking a Class I examination.
(b) Minimum training requirements. An operator who holds a certificate of competency shall
be required to meet minimum training requirements prior to certificate renewal. All Class I, II,
III, and IV certified operators shall acquire at least
ten hours of approved training every two years.
Small system operators shall acquire ten hours of
approved training every four years. Operators who
conduct approved training for water supply system operators and wastewater treatment facility
operators may receive credit equal to the hours of
training provided. (Authorized by and implementing K.S.A. 65-4512; effective Sept. 28, 1992.)
28-16-32. Operator certification examinations. (a) To be certified, each applicant shall
pass the appropriate written examination.
(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 communities or districts
having a water supply system or wastewater treatment facility, or both, at least 30 days prior to the
date of examination.
(c) The written examinations shall be graded
by the department 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. (Authorized by and implementing K.S.A.
65-4512; effective Sept. 28, 1992.)
28-16-33. Operator responsible for the
operation and management of a water supply
system or wastewater treatment facility, or
both. (a) When a new operator responsible for
the operation or management of a system or facility is hired, the employer shall, within 30 days,
notify the department. The person named shall be
designated as an operator in training (OIT). As
soon as possible after completing one full year of
operation as an OIT, the operator shall take the
appropriate certification examination. Upon failing the examination, the applicant shall make additional preparation and take the examination
again at the next opportunity.
(b) The OIT designation shall be renewed once
if the operator demonstrates to the Department
that he or she is attending training sessions, studying correspondence courses or otherwise preparing to pass the operator certification examination.
(Authorized by and implementing K.S.A. 65-4512;
effective Sept. 28, 1992.)
28-16-34. Issuance of certificate of competency. Upon satisfactory fulfillment of the
requirements as set forth in K.A.R. 28-16-30, and
upon consideration of the recommendations of
the division training officer, a suitable certificate
shall be issued to the applicant. The certificate
shall designate the class or classes of either water
supply systems or wastewater treatment facilities
that the applicant is qualified to operate. The certificate shall be good for two years from date of
issuance. (Authorized by and implementing
K.S.A. 65-4512; effective Sept. 28, 1992.)
28-16-35. Operator certification fees.
(a) Fees for certification shall be as follows:
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 ... $20.0028-16-36 KANSAS DEPARTMENT OF HEALTH AND ENVIRONMENT
202
Reinstatement of lapsed certificate up to one
year after renewal date . . . . . . . . . . . . . . . . . . . . . . . . . . $35.00
between one and two years after renewal
date . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $45.00
Water or wastewater correspondence course... $40.00
Reciprocity fee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $35.00
(b) Fees from applicants who are ineligible to
take the certification examination shall be returned. Fees from applicants who fail the examination shall not be returned. Fees for department
sponsored training sessions shall be established by
the department. (Authorized by and implementing K.S.A. 65-4512; effective Sept. 28, 1992.)
28-16-36. Classification of water supply
systems and wastewater treatment facilities.
(a) Each water supply system and wastewater
treatment facility shall have an operator responsible for the operation and management 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.
CLASS
POPULATION
SERVED
Small System
Distribution system only All, no limit
or
Chlorination only less than 501
Class I
Chlorination only 501 - 1,500
or
Treatment less than 501
Class II
Chlorination only 1,501-5,000
or
Treatment 501-2,500
Class III
Chlorination only 5,001-20,000
or
Treatment 2,501-10,000
Class IV
Chlorination only over 20,000
or
Treatment over 10,000
(c) Classification of commercial, industrial and
municipal wastewater treatment facilities is as follows:
CLASS
POPULATION
SERVED
Small Systems
Non-overflowing municipal
wastewater ponds All, no limit
Class I
Any secondary facility less than 1,000
or
Overflowing wastewater ponds All, no limit
Class II
Any secondary facility 1,001-5,000
Class III
Any secondary facility 5,001-25,000
or
Advanced or specialized facility less than 5,000
Class IV
Any secondary facility over 25,000
or
Advanced or specialized facility over 5,000
(d) For purposes of this regulation, treatment
of water supply systems shall include but not be
limited to the following processes: Iron and manganese removal, softening, coagulation sedimentation and filtration, recarbonation, and addition
of chemicals other than chlorine for improved water quality.
(e) For purposes of this regulation, ‘‘secondary
facility,’’ shall be any department approved biological treatment facility, including: waste stabilization
ponds, trickling filter plants, rotating biological contactor plants, and activated sludge plants.
(f) For purposes of this regulation advanced or
specialized treatment shall include but not be limited to the following processes: Chemical, biological, or physical treatment to provide additional
nutrient removal beyond secondary treatment or
effluent clarification. (Authorized by and implementing K.S.A. 65-4512; effective Sept. 28, 1992.)
28-16-37 to 28-16-49. Reserved.
STATE GRANTS TO MUNICIPALITIES
FOR THE CONSTRUCTION OF WATER
POLLUTION CONTROL PROJECTS BENEFITING
FROM FEDERAL GRANTS
28-16-50 to 28-16-54. (Authorized by
K.S.A. 1971 Supp. 65-3305; effective, E-71-16,
April 1, 1971; effective Jan. 1, 1972; revoked May
10, 1996.)
28-16-55. Inspection of sewerage systems during construction and prohibited connections. This regulation pertains to the inspection of all components of a sewerage systemWATER POLLUTION CONTROL 28-16-56
203
during construction including, but not limited to,
treatment facilities, lift stations and force mains,
outfall sewers, interceptor sewers, main and lateral sewers and their extensions, manholes, cleanouts, and building sewers.
I. Definitions: Where used in these regulations
the following terms shall be understood to have
the meaning as given below in their corresponding
definitions regardless of any other meaning which
may be implied by common or local usage. (A)
Areaways. An areaway is a sunken yard, patio,
court, driveway or window well leading into a
basement or crawlspace for entrance, light or ventilation.
(B) Building. A building is a structure built,
erected, or framed of component structural parts
designed for the housing, shelter, enclosure, or
support of persons, animals, equipment or property of any kind.
(C) Building drain. The building drain is that
part of the lowest piping of a drainage system
which receives the discharge from soil, waste, and
other drainage pipes inside the walls of the building and conveys it to the building sewer beginning
three (3) feet outside the building wall.
(D) Building sewer. The building sewer is that
part of the piping of a drainage system which extends from the end of the building drain and
which receives the discharge of the building drain
and conveys it to a public sanitary sewer, private
sanitary sewer, individual sewage disposal system,
or other point of disposal.
(E) Crawlspace drain. A crawlspace drain is a
drain installed to collect drainage from the surface
of any area that is entirely enclosed by foundation
walls and beneath a building which area is not
covered by a concrete or other form of permanent
surfacing.
(F) Garage drain. A garage drain is a drain located in a garage or, in case of a basement garage,
within ten (10) feet of garage area.
(G) Inspector. An inspector shall be a consulting engineer, municipal engineer, sewer district
engineer, county engineer, or his authorized representative.
(H) Roof drain. A roof drain is a drain which is
installed to collect stormwater from building
roofs.
(I) Saddle. A saddle is a fitting attached to an
existing sanitary sewer to receive a building sewer
connection.
(J) Sanitary sewer (sewer). A sanitary sewer
(sewer) shall mean a pipe which carries sewage
and insofar as practical, excludes infiltration of
storm, surface and ground water.
(K) Sewage. Sewage is any substance that contains any of the waste products or excrementitious
or other discharges from the bodies of human beings, animals, or chemical or other wastes from
domestic, manufacturing or other forms of industry.
(L) Shall. The word ‘‘shall’’ is a mandatory
term.
(M) Foundation drains. A foundation drain is
a pipe with open joints and/or porous material installed either outside exterior foundation walls or
inside and beneath a basement floor for the purpose of preventing the build-up of water pressure
and water capillarity beneath the floor.
II. Inspection of sewerage system construction:
(A) Treatment facilities, mains and laterals. All
sewerage construction projects shall have continuous inspections by a qualified inspector during
active phases of sewerage construction to insure
that they comply with plans and specifications approved by the Kansas state department of health
and to insure elimination of extraneous surface
and groundwater. This shall include inspection of
all sewers and manholes before they are covered
but after the sewers are bedded.
(B) Building sewers. All building sewers shall
be constructed of materials which are approved
by the state department of health for the construction of lateral sewers. Building sewers shall be left
uncovered until inspected. In case of saddle connections, after the saddle hole has been made in
the receiving pipe, the pipe thoroughly cleaned
and all excavation and bracing has been completed for the encasement, the inspector shall see
the saddle installed and properly anchored.
(C) Prohibited connections. No roof, areaway,
garage, or foundation drain shall be connected
with or flow into any building or sanitary sewer.
III. Municipal regulations and fees. These regulations do not affect the right of the municipality
to adopt stricter regulations, connection fees, connection and use permits, and sewer service
charges. (Authorized by K.S.A. 65-171d; effective,
E-74-7, Nov. 26, 1973; effective May 1, 1975.)
28-16-56. (Authorized by K.S.A. 1975
Supp. 65-166a; effective, E-74-7, Nov. 26, 1973;
effective, E-76-3, Jan. 1, 1975; effective May 1,
1975; amended, E-76-39, Aug. 1, 1975; amended
May 1, 1976; revoked, T-85-30, Nov. 14, 1984;
revoked May 1, 1985.)28-16-56a KANSAS DEPT. OF HEALTH AND ENVIRONMENT
204
28-16-56a. (Authorized by and implementing K.S.A. 65-166a; effective, T-85-30, Nov.
14, 1984; effective May 1, 1985; amended May 1,
1986; amended May 1, 1988; revoked Sept. 27,
1996.)
28-16-56b. (Authorized by and implementing K.S.A. 1984 65-166a; effective, T-85-30,
Nov. 14, 1984; effective May 1, 1985; revoked
Sept. 27, 1996.)
28-16-56c. Sewage permit fees; definitions. For the purposes of K.A.R. 28-16-56d the
following terms shall be defined as set out in this
regulation:
(a) ‘‘Sewage’’ shall be defined as in K.S.A. 65-
164.
(b) ‘‘Domestic sewage’’ means sewage originating primarily from kitchen, bathroom and
laundry sources, including waste from food preparation, dishwashing, garbage-grinding, toilets,
baths, showers and sinks.
(c) ‘‘Municipal wastewater treatment facility’’
means a facility serving a city, county, township,
sewer district, or other local governmental unit, or
a facility serving a state or federal agency, establishment, or institution, for the purpose of treating
primarily domestic sewage by physical, chemical
or biological means or by a combination of those
methods.
(d) ‘‘Commercial wastewater treatment facility’’ means a facility serving a commercial enterprise or group or a combination thereof, for the
purposes of treating primarily domestic sewage by
physical, chemical or biological means or by a
combination of those methods. ‘‘Commercial
wastewater treatment facility’’ shall include any
slaughter house with an average slaughter rate of
50 animals or less per week.
(e) ‘‘Industrial wastewater treatment facility’’
means a facility serving a city, county, township,
sewer district, or other governmental unit; a state
or federal agency, establishment, or institution; an
industrial or commercial enterprise; or a group or
combination thereof, for the purpose of treating
primarily sewage or process-generated wastewater, other than domestic sewage, by physical,
chemical or biological means or by a combination
of those methods. ‘‘Industrial wastewater treatment facility’’ shall include any truck washing facility except truck washing facilities for animal
waste, municipally-owned electricity generating
facilities, facilities using contaminated groundwater for cooling or process water, and water
treatment plants.
(f) ‘‘Point source’’ means any discernible, confined, and discrete conveyance from which pollutants are or may be discharged, including any
pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, confined animal feeding facility, landfill leachate collection
system, or any vessel or other floating craft. This
term shall not include return flows from irrigated
agriculture or agricultural storm water runoff.
(g) ‘‘Storm water discharge’’ means any discharge of storm water runoff from a point source.
This designation may include storm water runoff
from a municipal, industrial or commercial facility, or from a construction site, or a discharge from
any conveyance or system of conveyances used for
collecting and conveying storm water runoff or a
system of discharges from municipal separate
storm sewers.
(h) ‘‘Cooling water discharge’’ means cooling
water discharged from any system in which there
is no contact with process pollutants and where
there is no measured chemical buildup.
(i) ‘‘Treated cooling water discharge’’ means
cooling water discharged from any system in
which there is no contact with process pollutants
and where there is no measured chemical buildup
other than chemicals added for biological or corrosion control, or from evaporative losses.
(j) ‘‘Dewatering discharge’’ means a discharge
resulting from drainage or removal of water from
a lagoon, quarry, pit or any other holding device.
Dewatering discharge shall not include any discharge in which there is measured chemical
buildup or to which chemicals have been added
for any purpose.
(k) ‘‘Pretreatment permit’’ means a permit issued to a source subject to pretreatment standards
and which discharges to a municipal wastewater
treatment facility not having an approved pretreatment program.
(l) ‘‘General permit’’ means an NPDES ‘‘permit’’ issued under K.A.R. 28-16-150 et seq.
(m) ‘‘Truck washing facility for animal wastes’’
means a facility which exists solely for the purpose
of washing animal wastes from trucks or trailers.
(n) ‘‘Confined feeding facility’’ means any lot,
pen, pool or pond which is:
(1) used for the confined feeding of animals or
fowl for food, fur or pleasure purposes;
(2) not normally used for raising crops; andWATER POLLUTION CONTROL 28-16-56d
205
(3) not used for growing vegetation for animal
food.
Confined feeding facilities on separate pieces of
land without a contiguous ownership boundary
shall be classified as separate operations and each
operation shall be assessed a fee under K.A.R. 28-
16-56d.
(o) ‘‘Animal unit’’ means a unit of measurement calculated by adding the following numbers:
(1) the number of beef cattle weighing more
than 700 pounds multiplied by 1.0;
(2) plus the number of cattle weighing less
than 700 pounds multiplied by 0.5;
(3) plus the number of mature dairy cattle multiplied by 1.4;
(4) plus the number of swine weighing more
than 55 pounds multiplied by 0.4;
(5) plus the number of sheep or lambs multiplied by 0.1;
(6) plus the number of horses multiplied by
2.0;
(7) plus the number of turkeys multiplied by
0.018;
(8) plus the number of laying hens or broilers,
if the facility has continuous overflow watering,
multiplied by 0.01;
(9) plus the number of laying hens or broilers,
if the facility has a liquid manure system, multiplied by 0.033; and
(10) plus the number of ducks multiplied by
0.2.
However, each head of cattle will be counted as
one full animal unit for the purpose of determining the need for a federal permit.
(p) ‘‘Animal unit capacity’’ means the maximum number of animal units which a confined
feeding facility is designed to accommodate at any
one time. (Authorized by and implementing
K.S.A. 1995 Supp. 65-166a; effective Sept. 27,
1996.)
28-16-56d. Sewage permit fees; schedules. (a) Each applicant applying for a permit pursuant to K.S.A. 65-165, 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
Classification
Unit Rates and
Minimum Rates
(1) Municipal or commercial
wastewater treatment facility.
$185/year/million gallons
per day permitted capacity and for any portion
thereof.
$185 minimum fee per
year.
(2) Municipal stormwater system.
100,0001 population. $2,000 per year.
(3) Industrial wastewater
treatment facility.
$320/year/million gallons
per day permitted capacity and for any portion
thereof.
$320 minimum fee per
year.
(4) Cooling water discharge—
surface disposal. $60 per year.
(5) Treated cooling water
discharge—surface disposal.
$120/year/million gallons
per day permitted capacity and for any portion
thereof.
$120 minimum fee per
year.
(6) Dewatering discharge. $60 per year.
(7) Pretreatment permit. $320 per year.
(8) General permit. $60 per year.
(9) Industrial stormwater
discharge—general permit. $60 per year.
(10) Industrial stormwater discharge—individual permit. $320 per year.
(11) Confined feeding facility:
(A) Initial registration
fee, regardless of
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.
(12) Truck washing facility for
animal wastes. $320 per year.
(b)(1) Plans and specifications shall not be reviewed and processing and issuance of a permit
shall not take place until the required fee is paid.
Fees shall be made payable to the ‘‘Kansas department of health and environment—water pollution control permit.’’
(2) Fees paid in accordance with the above
schedule, including fees paid for facilities which
are never built or which are abandoned, shall not
be refunded.
(3) Each applicant operating a facility in which
two or more of the wastewaters identified in the
above fee schedule are discharged shall pay the
appropriate fee for each type of wastewater dis-28-16-57 KANSAS DEPT. OF HEALTH AND ENVIRONMENT
206
charged, even if only one permit has been issued
for the facility.
(4) Permit fees shall be based on the minimum
rate or unit rate, whichever is greater. The full
unit rate shall be applied to any portion of a unit.
The fee per unit shall not be prorated.
(5) A permit fee shall be paid annually in accordance with the above schedule.
(6) If ownership of the permitted facility
changes during the term of a valid permit no additional fee shall be required unless a change occurs which results in a new or expanded facility or
operation.
(7) If a change occurs during the term of a valid
permit which results in an expanded capacity of
the facility or operation, a new application shall be
required. Upon approval, the existing permit shall
be amended and shall continue in effect for the
remainder of its original term, unless revoked.
The additional fee shall be based only on the difference between the original permitted capacity
and the expanded capacity. The new annual fee
for the expanded facility shall be based on the unit
rate at the expanded capacity or the minimum
rate, whichever is greater, for the remainder of
the term of the permit. (Authorized by and implementing K.S.A. 1995 Supp. 65-166a; effective
Sept. 27, 1996.)
28-16-57. Procedures relating to discharge of wastewaters. These regulations are
intended to comply with state statutes relative to
water pollution control discharge permits and to
comply with all requirements of the federal water
pollution control act, 33 U.S.C. Section 1251 et
seq. concerning the national pollutant discharge
elimination system and federal regulations
adopted pursuant thereto. (Authorized by K.S.A.
65-171d, as amended by L. 1986, Ch. 204, Sec. 3,
Sec. 6 and L. 1986, Ch. 201, Sec. 22; implementing K.S.A. 65-165, 65-166; effective, E-74-32,
June 14, 1974; effective May 1, 1975; amended
May 1, 1987.)
28-16-57a. Effluent standards. (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. (Authorized by K.S.A. 65-171d, as amended by L. 1986,
Ch. 204, Sec. 3, Sec. 6 and L. 1986, Ch. 201, Sec.
22; implementing K.S.A. 65-171d as amended by
L. 1986, Ch. 204, Sec. 3, Sec. 6 and L. 1986, Ch.
201, Sec. 22, effective May 1, 1987.)
28-16-58. Definitions. (a) ‘‘Waters of the
state’’ means all streams and springs, and all bodies of surface and subsurface waters within the
boundaries of the state.
(b) ‘‘Application’’ means the properly executed
documents as furnished by the division, and any
additional required documents, that are necessary
for obtaining a permit.
(c) ‘‘EPA’’ means the United States environmental protection agency.
(d) ‘‘Administrator’’ means the administrator of
the United States environmental protection
agency.
(e) ‘‘Regional administrator’’ means the regional administrator for region VII of the United
States environmental protection agency.
(f) ‘‘Director’’ means the director of the division
of environment, Kansas department of health and
environment.
(g) ‘‘Secretary’’ means the executive secretary
of the Kansas department of health and environment.
(h) ‘‘Department’’ means the Kansas department of health and environment (KDHE).
(i) ‘‘Division’’ means the division of environment, Kansas department of health and environment.
(j) ‘‘National pollutant discharge elimination
system (NPDES)’’ means the national system for
the issuance of permits under 42 U.S.C. Section
1342 and includes any state or interstate program
which has been approved by the administrator, in
whole or in part, pursuant to 42 U.S.C. Section
1342.
(k) ‘‘Refuse act application’’ means an application for a permit under 33 U.S.C. Section 407 et
seq.
(l) The definitions of the following terms contained in 42 U.S.C. Section 1362 shall be applicable to such terms as used in this part unless the
context otherwise requires: ‘‘state,’’ ‘‘municipality,’’ ‘‘person,’’ ‘‘pollutant,’’ ‘‘navigable waters,’’
‘‘effluent limitations,’’ ‘‘discharge of a pollutant,’’
‘‘toxic pollutant,’’ ‘‘point source,’’ ‘‘biological mon-WATER POLLUTION CONTROL 28-16-60
207
itoring,’’ ‘‘discharge,’’ ‘‘schedule of compliance,’’
‘‘industrial user,’’ and ‘‘pollution.’’
(m) ‘‘National data bank’’ means a facility or
system established or to be established by the administrator for the purposes of assembling, organizing, and analyzing data pertaining to water quality and the discharge of pollutants.
(n) ‘‘Water quality standards’’ means all water
quality standards as provided in K.A.R. 28-16-28b
through 28-16-28f, to which a discharge is subject.
(o) ‘‘Municipal system’’ means a system under
the jurisdiction of a city, county, township, district
or other governmental unit.
(p) ‘‘Minimum standards of design, construction, and maintenance’’ means effluent standards,
effluent limitations, pretreatment requirements,
other performance standards and other standards
of design, construction and maintenance for
wastewater control facilities published by the department, as ‘‘Minimum Standards of Design for
Water Pollution Control Facilities’’, 1978. (Authorized by K.S.A. 65-171d; as amended by L.
1986, Ch. 204, Sec. 3, Sec. 6 and L. 1986, Ch.
201, Sec. 22; implementing K.S.A. 65-165, 65-
166; effective, E-74-32, June 14, 1974; effective
May 1, 1975; amended May 1, 1987.)
28-16-59. Filing of applications. (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.
(c) Each application shall be considered to be
complete when the appropriate fee has been paid
in accordance with K.A.R. 28-16-56c and 28-16-
56d and when the applicant has filed:
(1) A refuse act application and any additional
information required by the director; or
(2) a complete application form, as prescribed
for the type, category, or size of discharge, facility,
or activity, and plans, specifications and an engineering report in accordance with K.A.R. 28-16-
1 through 28-16-7 and any additional information
required by the director.
(d) Notification to and approval by the director
is required prior to any of the following:
(1) The connection of an industrial waste discharge to a municipal system or the addition of a
new process or product by an existing industrial
facility;
(2) A significant change in disposal method, including change from a land disposal to direct discharge to water, or a change in the method of
treatment which would significantly alter the
characteristics of the waste;
(3) A significant change in the disposal area or
point of discharge, including discharging into another drainage area or into a different water body,
or to a disposal area different from the existing
approved area;
(4) An increase in flow beyond that specified
in the issued permit or the application thereto; or
(5) Other circumstances which result in a
change in character, amount or location of waste
discharge.
(e) The application shall be signed and certified in accordance with the provisions of 40 CFR
Section 122.22 as in effect on July 1, 1985.
(f) A permit shall not be issued on the basis of
any application which the director has identified
as incomplete or otherwise deficient until the director receives sufficient information to correct
any deficiency. (Authorized by K.S.A. 1995 Supp.
65-171d; implementing K.S.A. 65-165, 65-166; effective, E-74-32, June 14, 1974; effective May 1,
1975; amended May 1, 1987; amended Sept. 27,
1996.)
28-16-60. Development of draft permit.
(a) The application and any other relevant facts
shall be reviewed by the director to determine if:
(1) A permit should be issued allowing the discharge;
(2) a permit should be issued providing for no
discharge; or
(3) a permit should not be issued.
(b) If the issuance of a permit is deemed advisable, the proposed permit conditions shall be
formulated by the director, including:
(1) Effluent limitations;
(2) Schedule of compliance including any necessary interim dates;
(3) Special conditions; and
(4) A monitoring program if appropriate. (Authorized by K.S.A. 65-171d, as amended by L.28-16-61 KANSAS DEPT. OF HEALTH AND ENVIRONMENT
208
1986, Ch. 204, Sec. 3, Sec. 6 and L. 1986, Ch.
201, Sec. 22; implementing K.S.A. 65-165, 65-
166; effective, E-74-32, June 14, 1974; effective
May 1, 1975; amended May 1, 1987.)
28-16-61. Public notice of permit actions, public comment period, and public
hearings. (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.
(b) Public Notice and Comment Period.
(1) Scope and Timing. Public notice shall be
given when a draft permit has been prepared under K.A.R. 28-16-60 and when a hearing has been
scheduled under subsection (d) of this regulation.
(A) A public notice shall not be required when
a request for permit modification, revocation and
reissuance, or termination is denied under K.A.R.
28-16-62. Written notification of that denial shall
be given both to the person who requests this
change and to the permittee.
(B) Public notices may describe more than one
permit or permit action.
(C) Public notice of the preparation of a draft
permit shall allow at least 30 days for public comment.
(D) Public notice of a public hearing shall be
given at least 30 days before the hearing. Public
notice of the hearing may be combined with the
public notice of the draft permit.
(2) Methods.
(A) Incorporation. 40 CFR sections 124.8 (a),
(b)(1), (2), (4), (5), (6), (7), and (8); 124.10
(c)(1)(i), (ii), (iii), (iv), (v), and (x); (c)(2)(i); (c)(3);
and (c)(4); and 124.56, as in effect on July 1, 1991,
are adopted by reference.
(B) Each person who is on a mailing list maintained by the department shall also be mailed a
copy of the notice. The mailing list shall include:
(i) each person who requests in writing to be
placed on the list;
(ii) each person solicited for ‘‘area lists’’ from
participants in past permit proceedings in that
area; and
(iii) each person who responds to a notice, published in the Kansas Register once a year, of the
opportunity to be placed on the list. The mailing
list may be updated from time to time by a request
from the director for a written indication of continued interest from those listed. The name of any
person who fails to respond to such a request may
be deleted from the list.
(3) Contents.
(A) Public notice. Each public notice issued
under this regulation shall contain the following
minimum information:
(i) the name and address of the office processing the permit action for which notice is being
given;
(ii) the name and address of the permittee or
the permit applicant, and if different, the name of
the facility or activity regulated by the permit;
(iii) a brief description of the business conducted at the facility or the activity described in
the permit application;WATER POLLUTION CONTROL 28-16-62
209
(iv) the name, address, and telephone number
of a person from whom interested persons may
obtain further information, including copies of the
draft permit, fact sheet, and the application; and
(v) a brief description of the comment procedures established by subsections (c) and (d) of this
regulation and of the time and place of any hearing that will be held. The notice shall also include
a statement of procedures to request a hearing, if
a hearing has not already been scheduled, and
other procedures by which the public may participate in the final permit decision.
(B) Public notices for hearings. In addition to
the general public notice described in paragraph
(3)(A) of this subsection, each public notice of a
hearing shall contain the following:
(i) reference to the date of any previous public
notices relating to the permit at issue; and
(ii) a brief description of the nature and purpose of the hearing, including the applicable rules
and procedures.
(C) In addition to the general public notice described in paragraph (3)(A) of this subsection,
each person identified in 40 CFR 124.10(c)(1)(i),
(ii), (iii), and (iv) shall be mailed a copy of the fact
sheet, the permit application, if any, and the draft
permit, if any.
(c) Public comments and request for public
hearings. During the public comment period provided under subsection (b) of this regulation, any
interested person may submit written comments
on the draft permit and may request a public hearing, if no hearing has already been scheduled. A
request for a public hearing shall be in writing and
shall state the nature of the issues proposed to be
raised during the hearing. All comments shall be
considered in making the final decision and shall
be answered as provided in subsection (e) of this
regulation.
(d) Public hearings; incorporation. 40 CFR
section 124.12(a)(1) and (2), as in effect on July
1, 1991, are adopted by reference.
(e) Response to comments. A response to comments shall be issued at the time that any final
permit decision is issued. The response to comments shall be available to the public and shall:
(1) specify which provision, if any, of the draft
permit has been changed in the final permit decision, and the reasons for the change; and
(2) briefly describe and respond to all significant comments on the draft permit raised during
the public comment period, or during any hearings. (Authorized by K.S.A. 65-171d; implementing K.S.A. 65-165, and K.S.A. 65-166; effective,
E-74-32, June 14, 1974; effective May 1, 1975;
amended May 1, 1987; amended Sept. 27, 1993.)
28-16-62. Terms and conditions of permits. (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.
(b) Minimum standards of design, construction
and maintenance for owners and operators of water pollution control facilities. (1) Each owner or
operator of a sewage system, industrial facility,
commercial establishment, or agricultural activity
discharging or having a potential to discharge sewage to waters of the state shall have approved water pollution control facilities. In approving and
issuing permits to each existing or proposed facility, the director shall insure that such facility conforms to published minimum standards of design,
construction, and maintenance. In approving and
publishing minimum standards of design, construction and maintenance, the director shall insure that such standards are at least as stringent
as the requirements of 33 U.S.C. Sections 1311,
1312, 1316, 1317, 1318, and 1343.
(2) Treatment over and above minimum standards shall be required to comply with applicable
water quality standards. When minimum standards do not provide compliance with the applicable water quality standards, a waste-loading al-28-16-62 KANSAS DEPT. OF HEALTH AND ENVIRONMENT
210
location shall be prepared to insure that the
discharge authorized is consistent with the applicable water quality standards.
(3) Each permit shall also include a schedule
of compliance for any facility which is not in full
compliance with minimum standards of design,
construction, and maintenance and other requirements. If the discharger fails or refuses to comply
with the specified schedule of compliance, the regional administrator shall be notified by the director within 30 days of such failure or refusal. If
a schedule of compliance exceeds nine months,
one or more interim reporting dates shall be required. No more than nine months shall elapse
between interim dates contained in a schedule of
compliance.
(4) Upon request of the applicant or permittee,
a schedule of compliance may be modified by the
director if good and valid cause exists for such
revision, and if within 30 days following receipt of
notice, the regional administrator does not object
in writing.
(5) No later than 14 days following each interim date, the discharger shall be required to
provide the director with a written notice of progress toward compliance with interim or final permit requirements.
(A) On the last day of the months of February,
May, August, and November, a list of all instances,
as of 30 days prior to the date of the report, of
failure or refusal of a permittee to comply with
interim or final requirements or to notify the director of compliance or noncompliance with each
interim or final requirement shall be transmitted
to the regional administrator by the director. The
list shall be available to the public for inspection
and copying and shall contain at least the following information with respect to each instance of
noncompliance:
(i) The name and address of each noncomplying permittee;
(ii) a short description of each instance of noncompliance;
(iii) a short description of any actions or proposed actions by the permittee or the director to
comply or enforce compliance with the interim or
final requirements; and
(iv) any details which tend to explain or mitigate an instance of noncompliance with an interim
or final requirement.
(B) A permit may be revoked for failure to
comply with any provision of an applicable schedule of compliance in conformance with K.S.A. 65-
165. Nothing in this regulation shall be construed
to limit the applicability of civil or criminal penalties as provided by law.
(c) Other terms and conditions of permit.
(1) Each permit for a publicly-owned treatment facility shall contain a requirement that the
operating agency must notify the director of:
(A) A sewer extension or other means whereby
a new introduction of pollutants is discharged to
the treatment works; or
(B) A change in the volume or character or pollutants being introduced into such works by a
source introducing pollutants into such works at
the time the permit was issued.
(2) Each permit shall contain a requirement
that the operator of the publicly-owned treatment
works insure that each industrial user:
(A) Pays a charge for the user’s fair share of the
operating and maintenance cost of treatment and
a fair share of the federal grant portion of the cost
of construction of the treatment plant in accordance with any applicable provisions of the act and
the federal grant agreement; and
(B) Complies with applicable toxic and pretreatment guidelines as contained in the minimum standards of design, construction and maintenance.
(3) Each permit shall contain a condition which
states that the discharge of any pollutant not identified and authorized by the permit or the discharge of any pollutant in a manner or quantity
which differs from that stated in the application is
prohibited.
(4) Each permit shall contain a condition that
the discharger shall maintain in good working order and operate as efficiently as possible any facility or control system installed by the discharger
to achieve compliance with the permit.
(d) Duration of permits. Each Permit shall be
issued for a fixed term not to exceed five years.
(e) Modification or revocation and reissuance
of permits. When the director receives any information regarding a permittee, receives a request
for modification or revocation and reissuance of a
permit, or conducts a review of the permit file,
the director may determine whether or not one
or more of the causes listed in paragraphs (1) or
(2) of this subsection for modification or revocation and reissuance or both exist. If cause exists,
the permit may be modified or revoked and reissued accordingly and an updated application may
be requested, if necessary. When a permit is modified, only the conditions subject to modificationWATER POLLUTION CONTROL 28-16-62
211
are reopened. If a permit is revoked and reissued,
the entire permit is reopened and subject to revision and the permit is reissued for a new term.
(1) Causes for modification. The following are
causes for modification of a permit. However,
these causes should not be basis for revocation
and reissuance of permits except when the permittee requests or agrees to such an action.
(A) Alterations. Material and substantial alterations or additions to the permitted facility or activity which occurred after permit issuance may
be the basis for modification of a permit, if those
alterations or additions justify application or permit conditions that are different or absent in the
existing permit.
(B) Information. If the director has received
new information regarding a permittee’s facility or
activities, the permit may be modified during its
term only if the information received was not
available at the time of permit issuance and would
have justified the application of different permit
conditions at the time of issuance.
(C) New regulations. If the standards or regulations upon which a permit was based have been
changed by promulgation of amended standards
or regulations after the permit was issued, the permit may be modified during its term only when:
(i) The permit condition requested to be modified was based on a promulgated effluent limitations guideline, EPA-approved or promulgated
water quality standards, or secondary treatment
regulations;
(ii) EPA has revised, withdrawn, or modified
that portion of the regulation or effluent limitation
guideline on which the permit condition was
based or has approved KDHE action with regard
to a water quality standard on which the permit
condition was based; and
(iii) a permittee requests modification in accordance with subsection (g) of this regulation
within 90 days after notice of action on which the
request is based.
(D) Judicial Decisions. Any permit may be
modified if:
(i) a court of competent jurisdiction has remanded and stayed EPA-promulgated regulations
or effluent limitation guidelines;
(ii) the remand and stay concern that portion
of the regulations or guidelines on which the permit condition was based; and
(iii) a request is filed by the permittee in accordance with subsection (g) of this regulation
within 90 days of judicial remand.
(E) Compliance Schedules. Any permit may be
modified if the director determines good cause
exists for modification of a compliance schedule,
including such causes as an act of God, a strike,
flood, or materials shortage or other events over
which the permittee has little or no control and
for which there is no reasonable available remedy.
However, in no case may a compliance schedule
be modified to extend beyond a statutory deadline.
(F) Any permit may be modified when the permittee has filed a request for a variance under 33
U.S.C. Sections 301(c), 301(g), 301(h), 301(i),
301(k), or 316(a) or for ‘‘fundamentally different
factors’’ within the time specified in 40 CFR Section 122.21 or 125.27(a), as in effect on July 1,
1985.
(G) 33 U.S.C. Section 1317(a) toxics. Any permit may be modified when required to incorporate an applicable 33 U.S.C. Section 1317(a) toxic
effluent standard or prohibition.
(H) Reopener. Any permit may be modified
when required by ‘‘reopener’’ conditions in a permit that are established for toxic effluent limitations or pretreatment programs.
(I) Net Limits. (i) Incorporation. 40 CFR Section 122.45(h), as in effect on July 1, 1985, is
adopted by reference.
(ii) Any permit may be modified upon request
of a permittee who qualifies for effluent limitations on a net basis under 40 CFR Section
122.45(h), as in effect on July 1, 1985.
(iii) A permit may be modified when a discharge is no longer eligible for net limitations, as
provided in 40 CFR Section 122.45(h), as in effect
on July 1, 1985.
(J) Pretreatment. Any permit may be modified
as necessary under the compliance schedule for
development of a publicly-owned treatment
works pretreatment program.
(K) Failure to notify. A permit may be modified upon failure of the department to notify another state whose waters may be affected by a discharge from this state.
(L) Non-limited pollutants. When the level of
discharge of any pollutant which is not limited in
the permit exceeds the level which can be
achieved by technology-based treatment requirements appropriate to the permittee, the permit
may be modified.
(M) Notification Level.
(i) Incorporation. 40 CFR Section 122.44(f), as
in effect on July 1, 1985, is adopted by reference.28-16-62 KANSAS DEPT. OF HEALTH AND ENVIRONMENT
212
(ii) A permit may be modified to establish a
‘‘notification level’’ as provided in 40 CFR Section
122.44(f), as in effect on July 1, 1985.
(N) Compliance Schedule. A permit may be
modified to change a schedule of compliance to
reflect time lost during construction of an innovative or alternate facility.
(O) When the permittee’s effluent limitations
were imposed under 33 U.S.C. Section 1342(a)(1)
and the permittee demonstrates operation and
maintenance costs that are totally disproportionate from the operation and maintenance costs
considered in the development of a subsequently
promulgated effluent limitations guideline, the
permit may be modified. However, the limitations
shall not be less stringent than the subsequent
guideline.
(P) Any permit may be modified to correct
technical mistakes, including errors in calculation
or mistaken interpretations of law made in determining permit conditions.
(Q) When the discharger has installed the
treatment technology considered by the permit
writer in setting effluent limitations imposed under 33 U.S.C. Section 1342(a)(1) and has properly
operated and maintained the facilities but nevertheless has been unable to achieve those effluent
limitations, the permit may be modified. In this
case, the limitations in the modified permit may
reflect the level of pollutant control actually
achieved, but shall not be less stringent than required by a subsequently promulgated effluent
limitations guideline.
(2) Causes for modification or revocation and
reissuance. Any permit may be modified, or alternatively, may be revoked and reissued when:
(A) Cause exists for termination under subsection (f) of this regulation, and the director determines that modification or revocation and reissuance is appropriate; or
(B) the director has received notification of a
proposed transfer of the permit.
(f) Termination of permits.
(1) A permit may be terminated during its term
or a permit may be denied for:
(A) Noncompliance by the permittee with any
condition of the permit;
(B) the permittee’s failure in the application or
during the permit issuance process to disclose
fully all relevant facts, or the permittee’s misrepresentation of any relevant facts at any time;
(C) a determination that the permitted activity
endangers human health or the environment and
can only be regulated to acceptable levels by permit modification or termination; or
(D) a change in any condition that requires either a temporary or a permanent reduction or
elimination of any discharge controlled by the permit.
(2) The applicable procedures in subsection (g)
of this regulation shall be followed for termination
of any permit.
(g) Procedures for modifications, revocation
and reissuance, or termination of permits.
(1) Any permit may be modified, revoked and
reissued, or terminated either at the request of
any interested person, including the permittee, or
upon the director’s initiative. All requests shall be
in writing and shall contain facts or reasons supporting the request.
(2) If the director decides that the request is
not justified, the requester shall be provided with
a brief written response giving a reason for the
decision. Denial of requests for modification, revocation and reissuance, or termination shall not
be subject to public notice, comment, or hearings.
Denials by the director may be informally appealed to the secretary by a letter briefly setting
forth the relevant facts. The secretary may direct
the director to begin modification, revocation and
reissuance, or termination proceedings under paragraph (3) of this subsection. The appeal shall be
considered denied if the secretary takes no action
on the letter within 60 days after receiving it. This
informal appeal shall be a prerequisite to seeking
judicial review of agency action in denying a request for modification, revocation and reissuance,
or termination.
(3)(A) If the director tentatively decides to
modify or revoke and reissue a permit under subsection (e) of this regulation, the director shall
prepare a draft permit under K.A.R. 28-16-60 incorporating the proposed changes. The director
may request additional information, and in the
case of a modified permit, may require the submission of an updated application. A new application for a permit shall be submitted for the reissuance of a revoked permit.
(B) In a permit modification under this regulation, only those conditions to be modified shall
be reopened when a new draft permit is prepared.
All other aspects of the existing permit shall remain in effect for the duration of the unmodified
permit. When a permit is revoked and reissued
under this section, the entire permit shall be reopened just as if the permit had expired and wasWATER POLLUTION CONTROL 28-16-67
213
being reissued. During any revocation and reissuance proceeding, the permittee shall comply
with all conditions of the existing permit until a
new final permit is reissued.
(4) If the director tentatively decides to terminate a permit under subsection (f) of this regulation, the director shall issue a notice of intent
to terminate. A notice of intent to terminate is a
type of draft permit which follows the same procedures as any draft permit prepared under
K.A.R. 28-16-60.
(h) Transmission to regional administrator of
permits. Upon issuance of any permit, a copy of
the permit shall be forwarded to the regional administrator by the director.
(i) Reissuance of permits.
(1) At least 180 days prior to expiration of a
permit, a permit holder wishing to renew the permit shall file an application, as required by the
director.
(2) Permits shall not be reissued unless:
(A) The discharger is in compliance with or has
substantially complied with all the terms, conditions, requirements and schedules of compliance
contained in the existing permit;
(B) The discharger files an application and
other necessary data as required by the director;
and
(C) The discharge is consistent with applicable
minimum standards of design, construction, and
maintenance and water quality standards.
(3) The notice and hearing procedure for reissuance shall be the same as for the issuance of
new permits. (Authorized by K.S.A. 65-171d, as
amended by L. 1986, Ch. 204, Sec. 3, Sec. 6 and
L. 1986, Ch. 201, Sec. 22; implementing K.S.A.
65-165, 65-166, effective, E-74-32, June 14, 1974;
effective May 1, 1975, amended May 1, 1987.)
28-16-63. Monitoring. 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.
III. Recording. (A) The discharger shall record
the results of all monitoring and shall include for
all samples: (1) The date, exact place, time of sampling, and who took the sample;
(2) The dates analyses were performed and who
performed the analyses;
(3) Analytical techniques/methods used; and
(4) The results of such analyses.
(B) The discharger shall be required to retain
for a minimum of three years any records of monitoring activities and results, including all original
strip chart recording and calibration and maintenance records. The period of retention shall be
extended during the course of any unresolved administrative enforcement action or litigation regarding the discharge of pollutants by the discharger or when ordered by the director.
IV. Reporting. (A) Monitoring results shall be
reported on forms required by the director and
forwarded to the director at specified time periods
of not less than once per year.
(B) The director shall require the use of monitoring, recording, and reporting procedures
which at a minimum are at least as stringent as
any national monitoring, recording, and reporting
requirements specified by the administrator in
regulations issued pursuant to the act. (Authorized by K.S.A. 1974 Supp. 65-165, 65-166, 65-
171d; effective, E-74-32, June 14, 1974; effective
May 1, 1975.)
28-16-64. Reserved.
28-16-65. (Authorized by K.S.A. 12-3710
et seq.; effective, E-74-33, June 21, 1974; effective, E-76-20, May 1, 1975; effective May 1, 1976;
revoked May 10, 1996.)
28-16-66. Reserved.
28-16-67. (Authorized by K.S.A. 12-3711;
effective, E-78-4, Dec. 1, 1977; effective May 1,
1978; revoked May 10, 1996.)28-16-68 KANSAS DEPT. OF HEALTH AND ENVIRONMENT
214
ESTABLISHMENT AND ADMINISTRATION
OF CRITICAL WATER QUALITY
MANAGEMENT AREAS
28-16-68. Reserved.
28-16-69. Definitions. (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. (Authorized by
K.S.A. 65-171a, 65-171d, 65-3301, 65-3303, 65-
3304, 65-3305; effective May 1, 1981.)
28-16-70. Designation of critical water
quality management area. (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 con-WATER POLLUTION CONTROL 28-16-77
215
servation 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.
(f) If the secretary concludes, as a result of the
evaluations, that the establishment of a critical water quality management area is necessary and pollutant control is technically and economically feasible, the secretary shall prepare a proposed
management plan setting forth an implementation
schedule for control of each pollutant source, an
analysis of the costs and benefits of the proposed
management plan, and the boundaries of the proposed area.
(g) The secretary shall give public notice of the
availability of the proposed management plan,
make copies available for review, and hold a public hearing on the proposed designation.
(h) The secretary, on the basis of the evaluation
and public hearing, may designate an area as a
critical water quality management area, and give
public notice of the designation through publication in a newspaper having general distribution in
the county or counties in which the designated
area is located. (Authorized by K.S.A. 65-171a, 65-
171d, 65-3301, 65-3303, 65-3304, 65-3305; effective May 1, 1981.)
28-16-71. Administration of critical water quality management area. (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. (Authorized by K.S.A. 65-171a, 65-171d, 65-3301, 65-
3303, 65-3304, 65-3305; effective May 1, 1981.)
28-16-72 to 28-16-75. Reserved.
DEVELOPMENT OF COUNTYWIDE
WASTEWATER MANAGEMENT PLANS
28-16-76. Definitions. (a) Effluent permits. Permits issued by the secretary to municipalities, industries or feedlot operators for operation of a sewerage system pursuant to 1978 Supp.
K.S.A. 65-165 and fulfilling the permit requirements of section 402, 33 U.S.C. 466, et seq. as
amended.
(b) Kansas water quality management plan.
The plan for water quality management as approved by 1979 senate concurrent resolution 1640
dated April 2, 1979, developed pursuant to the
requirements of section 208, 33 U.S.C. 466, et seq.
(c) Municipal construction grants. Financial assistance grants made by the U.S. environmental
protection agency, pursuant to section 201(g)(1),
33 U.S.C. 466, et seq. as amended, to municipalities for the construction of sewerage works.
(d) Plan. The countywide wastewater management plan.
(e) Secretary. The secretary of health and environment. (Authorized by K.S.A. 65-3301, K.S.A.
1979 Supp. 65-3303, 65-3305, 65-3308; effective
May 1, 1980.)
28-16-77. Exemptions. (a) Counties with
populations of 30,000 or less may request exemption by filing a request by June 1, 1980, with the
secretary.
(b) Each such request shall include a copy of
the document which indicates the official action
of the board of county commissioners requesting
exemption from the requirement for preparation
of a countywide wastewater management plan. In
order to reach a determination of approval or denial of such exemption, the secretary may request28-16-78 KANSAS DEPT. OF HEALTH AND ENVIRONMENT
216
any of the following information which he determines to be necessary:
(1) The policy of each incorporated city with
respect to the provision of sewerage service for an
area within three (3) miles of the corporate limit;
(2) The policy of each incorporated city with
respect to provision of water delivery within three
(3) miles of the corporate limits;
(3) County controls over the construction of
on-site residential wastewater treatment facilities,
including septic tanks;
(4) County procedures for the approval of water delivery and wastewater systems for developing areas and the county procedures for coordinating these services; and
(5) County procedures for dealing with problem areas of urban stormwater runoff.
(c) The secretary will advise each county requesting an exemption within thirty (30) days after
receipt of application of the decision to grant or
deny the exemption or of the need for further information concerning wastewater management
planning within the county. (Authorized by K.S.A.
65-3301, K.S.A. 1979 Supp. 65-3308, 65-3309; effective May 1, 1980.)
28-16-78. County wastewater management committee. The chairman of the county
wastewater management committee shall, within
ninety (90) days of organization of the committee,
advise the secretary of its schedule for preparing
and completing a plan. (Authorized by K.S.A.
65-3301, K.S.A. 1979 Supp. 65-3308, 65-3309, 65-
3310; effective May 1, 1980.)
28-16-79. Preparation of initial plan.
Each county which is required to submit a plan
shall submit to the secretary on or before January
1, 1983 a draft of a workable plan together with
reviews by each local governing body affected and
by appropriate official planning agencies within
the area covered by the plan for consistency with
programs of comprehensive planning for the
county and for each other local governing body.
(Authorized by K.S.A. 65-3301, K.S.A. 1979 Supp.
65-3308, 65-3309, 65-3310; effective May 1,
1980.)
28-16-80. Elements of plan. (a) Each
plan shall incorporate the following elements:
(1) The projected population development of
the county for a twenty-five (25) year period beginning June 30, 1980, with subprojections for
each five (5) year increment;
(2) Description of each existing sewerage system including treatment plants, major pumping
stations, interceptors, and areas of combined sewers, including the age, size and capacity and ownership of each major unit;
(3) An evaluation of the projected ability of existing and projected sewerage systems to meet water quality standards (K.A.R. 28-16-28 and K.A.R.
28-16-28a);
(4) The schedule whereby new sewerage systems will be constructed or existing sewerage systems expanded to provide service for new areas.
The schedule shall be such that:
(A) no new permanent treatment facilities will
be projected in areas where sewer systems exist
unless there is reasonable evidence that the waste
to be treated is incompatible or that the existing
system would be overloaded;
(B) temporary wastewater treatment facilities
may be provided in areas without sewer service,
and in which there is a reasonable potential for
the construction of new interceptors;
(C) new treatment facilities will be provided in
areas where no treatment facilities exist and interceptors are not within a reasonable distance or
are not economically feasible;
(D) simplicity, reliability and energy efficiency
will be emphasized in the design of treatment systems;
(E) the proliferation of very small waste treatment systems will be discouraged in metropolitan
areas; and,
(F) agricultural and municipal waste disposal
irrigation systems will be encouraged where practicable and will take into account the maintenance
of minimum flow levels in receiving waters and
established water rights;
(5) A description of each community water delivery system, including sources of supply, major
storage facilities, major lines, pumping stations,
and treatment plants;
(6) The schedule whereby new water supply
systems will be constructed or existing systems expanded to provide service for those areas in which
additional population development is projected;
(7) A description of the mechanisms to be used
to coordinate the provision of water delivery and
sewerage services in those areas in which further
population growth or industrial development is
projected;
(8) A land use map indicating those areas in
which on-site residential wastewater treatment facilities may be used, a description of the permitWATER POLLUTION CONTROL 28-16-83
217
and inspection system used to regulate such developments, and the conditions imposed to assure
satisfactory operation over a reasonable period of
time;
(9) Copies of agreements between units of local government necessary to assure the orderly
construction of new or extended sewerage or water delivery facilities;
(10) A land use map showing all significant waterways, flood plains and floodways, parks, lakes
and reservoirs, recreational areas, sanitation
zones, and critical water quality management areas and clearly establishing the relationship between these land uses and existing and projected
water delivery and sewerage systems;
(11) Any predicted community developments
which will have a major impact on the demands
for water supply or sewerage service;
(12) The location of existing industrial waste
treatment facilities, an assessment of potential
waste loads and the relationship of these loads to
those imposed by municipal discharges;
(13) The estimated costs of projected improvements for sewerage system extensions during the
first five (5) year period of the twenty-five (25)
year plan;
(14) An evaluation of the extent to which
wastewater may be used for municipal or agricultural irrigation and the extent to which municipal
wastewater may be reclaimed for industrial use;
(15) An evaluation of the extent to which urban
stormwater runoff may contribute to violation of
water quality standards, (K.A.R. 28-16-28 and
K.A.R. 28-16-28a);
(16) Description and evaluation of current and
projected sludge disposal practices and facilities;
(17) Identification of any relationships between the projected sewerage plans and county
air quality maintenance plans; and
(18) A plan and schedule for review and updating of the plan at five (5) year intervals.
(b) The plan shall be based, insofar as practicable on available studies or reports and which
may be incorporated by reference.
(c) Each plan shall, as appropriate, identify any
water delivery or sewerage problems, the solution
of which requires coordination with an adjacent
county, and the mechanisms to be used to achieve
this coordination.
(d) The committee shall hold one (1) or more
public hearings on the plan and shall submit to
the secretary a report of such hearings at the time
it files the plan. (Authorized by K.S.A. 65-3301,
K.S.A. 1979 Supp. 65-3308, 65-3309, 65-3310; effective May 1, 1980.)
28-16-81. Administration of approved
plan. (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 federallyfunded 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. (Authorized by K.S.A. 65-
3301, K.S.A. 1979 Supp. 65-3303, 65-3304,
65-3308, 65-3310; effective May 1, 1980.)
28-16-82. Funding. (a) The secretary will
include the name of each county required to develop a plan on the annual municipal construction
grant priority list prepared by the department of
health and environment in accordance with section 204 of the federal water pollution control act,
33 U.S.C. 466, et seq.
(b) Application may be made on forms provided by the secretary for a state grant in an
amount up to but not exceeding twelve and onehalf percent (12.5%) of the total cost of plan development. (Authorized by K.S.A. 65-3301, K.S.A.
1979 Supp. 65-3303, 65-3304, 65-3308, 65-3310,
65-3313; effective May 1, 1980.)
PRETREATMENT
28-16-83. Entities regulated. 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);28-16-84 KANSAS DEPT. OF HEALTH AND ENVIRONMENT
218
(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. (Authorized by and implementing K.S.A. 65-171d; effective May 1, 1985; amended May 1, 1987.)
28-16-84. Objectives of general pretreatment regulations. 40 CFR § 403.2, as in
effect on July 1, 1986, is adopted by reference.
(Authorized by and implementing K.S.A. 65-
171d; effective May 1, 1985; amended May 1,
1987.)
28-16-85. Definitions. 40 CFR § 403.3, as
in effect on July 1, 1986, is adopted by reference.
(Authorized by and implementing K.S.A. 65-
171d; effective May 1, 1985; amended May 1,
1987.)
28-16-86. Local laws not superceded.
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. (Authorized by
and implementing K.S.A. 65-171d; effective May
1, 1985; amended May 1, 1987.)
28-16-87. National pretreatment standards; prohibited discharges. Subsections (a)
to (e), inclusive, of 40 CFR § 403.5, as in effect
on July 1, 1986, are adopted by reference. (Authorized by and implementing K.S.A. 65-171d; effective May 1, 1985; amended May 1, 1987.)
28-16-88. National pretreatment standards; categorical standard. 40 CFR § 403.6,
as in effect on July 1, 1986, is adopted by reference. (Authorized by and implementing K.S.A.
65-171d; effective May 1, 1985; amended May 1,
1987.)
28-16-89. Revision of categorical pretreatment standards to reflect POTW removal of pollutants. (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). (Authorized by and
implementing K.S.A. 65-171d; effective May 1,
1985; amended May 1, 1986; amended May 1,
1987.)
28-16-90. POTW pretreatment programs, developed by POTW. 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.’’ (Authorized by and implementing
K.S.A. 65-171d; effective May 1, 1985; amended
May 1, 1987.)
28-16-91. POTW pretreatment programs. Any municipality (POTW) with a Kansas
water pollution control permit may be required to
develop a local pretreatment program. (Authorized by and implementing K.S.A. 65-171d; effective May 1, 1985; amended May 1, 1987.)
28-16-92. POTW pretreatment programs or authorization to revise pretreatment standards; submission for approval. 40
CFR § 403.9, as in effect on July 1, 1986, is
adopted by reference. (Authorized by and implementing K.S.A. 65-171d; effective May 1, 1985;
amended May 1, 1987.)
28-16-93. Approval procedures for
POTW pretreatment programs and POTW
revision of categorical pretreatment standards. 40 CFR § 403.11, as in effect on July 1,
1986, is adopted by reference. (Authorized by and
implementing K.S.A. 65-171d; effective May 1,
1985; amended May 1, 1987.)
28-16-94. Reporting requirements for
POTW’s and industrial users. (a) 40 CFR §
403.12, as in effect on July 1, 1986, is adopted by
reference, except that:WATER POLLUTION CONTROL 28-16-98
219
(1) in lieu of § 403.12(b)(5)(vi) the following
shall apply: ‘‘(vi) Sampling and analysis shall be
performed in accordance with the 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.’’
(2) in lieu of § 403.12(g) the following shall apply: ‘‘(g) Monitoring and analysis to demonstrate
continued compliance. The reports required in
paragraphs (b)(5), (d), and (e) of this section shall
contain the results of sampling and analysis of the
discharge, including the flow and the nature and
concentration, or production and mass where requested by the control authority, of pollutants
contained therein which are limited by the applicable pretreatment standards. The frequency of
monitoring shall be as prescribed in the applicable
pretreatment standard. All analyses shall be performed in accordance with 40 CFR part 136, as
in effect on July 1, 1986. Where 40 CFR part 136
does not include sampling or analytical techniques
for the pollutants in question, or where the secretary determines that the part 136 sampling and
analytical techniques are inappropriate for the
pollutant in question, sampling and analyses shall
be performed using validated analytical methods
or other sampling and analytical procedures approved by the secretary. Alternate sampling and
analytical techniques suggested by the POTW or
persons will be considered by the secretary.’’
(3) In lieu of § 403.12(k) the following shall
apply: ‘‘(k) Penalties for providing false information. Any person who willfully provides false information on any report required by subsections
(b), (d), (e), or (h), of 40 CFR § 403.12 shall be
subject to the penalties imposed under K.S.A. 65-
170c, K.S.A. 65-170d and K.S.A. 1985 Supp. 21-
3805, and any amendments thereto.’’
(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). (Authorized by and
implementing K.S.A. 65-171d; effective May 1,
1985; amended May 1, 1986; amended May 1,
1987.)
28-16-95. Variances from categorical
pretreatment standards for fundamentally
different factors. 40 CFR § 403.13, as in effect
on July 1, 1986, is adopted by reference, except
that: (a) in lieu of § 403.13(b), the following shall
apply: ‘‘(b) A fundamentally different factors variance may be requested under this section by any
interested person believing that factors relating to
an industrial user are fundamentally different
from the factors considered during development
of a categorical pretreatment standard applicable
to that user and that the existence of those factors
justifies a different discharge limit than specified
in the applicable categorical pretreatment standard. Such a variance request may be initiated by
the secretary. A fundamentally different factors
variance is not available for any toxic pollutant
controlled in a categorical pretreatment standard;
and’’
(b) in lieu of § 403.13(c)(1)(ii), the following
shall apply: ‘‘(ii) Factors relating to the discharge
controlled by the categorical pretreatment standard are fundamentally different from the factors
considered in establishing the standards; and.’’
(Authorized by and implementing K.S.A. 65-
171d; effective May 1, 1985; amended May 1,
1986; amended May 1, 1987.)
28-16-96. Confidentiality of information. Any information submitted to the department of health and environment shall be subject
to disclosure or nondisclosure as provided in the
Kansas open records act. (Authorized by and implementing K.S.A. 65-171d; effective May 1,
1985; amended May 1, 1987.)
28-16-97. Net/Gross calculations. 40
CFR § 403.15, as in effect on July 1, 1986, is
adopted by reference, except that each reference
to the enforcement division director, regional enforcement officer, water management division director or EPA shall be deemed to refer to the
secretary. Nothing in this regulation shall relieve
any person of the duty to obtain approval from the
U.S. environmental protection agency. (Authorized by and implementing K.S.A. 65-171d; effective May 1, 1985; amended May 1, 1986; amended
May 1, 1987.)
28-16-98. Upset provisions. 40 CFR §
403.16, as in effect on July 1, 1986, is adopted by
reference, except that each reference to the28-16-99 KANSAS DEPT. OF HEALTH AND ENVIRONMENT
220
agency shall be deemed to refer to the Kansas
department of health and environment. (Authorized by and implementing K.S.A. 65-171d; effective May 1, 1985; amended May 1, 1987.)
28-16-99 to 28-16-109. Reserved.
28-16-110. Definitions. For the purposes
of the regulations in this article, the following
words, terms and phrases are defined as follows:
(a) ‘‘Best practicable waste treatment technology (BPWTT)’’ means a cost-effective technology
that can treat wastewater, including combined
sewer overflows and nonexcessive infiltration and
inflow, to meet the applicable provisions of Kansas
water supply and sewage statutes, K.S.A. 65-161
to 65-171x; water pollution control statutes,
K.S.A. 65-3301 to 65-3313; and the federal clean
water act as amended on or before January 1,
1989, 33 USC 1251 et seq.
(b) ‘‘Department’’ means the Kansas department of health and environment.
(c) ‘‘Equivalency’’ means that portion of the
Kansas water pollution control revolving fund
which was directly made available by the federal
government.
(d) ‘‘Equivalency project’’ means that portion
of the project cost which is funded from the equivalency portion of the Kansas water pollution control revolving fund.
(e) ‘‘Facilities planning’’ means the necessary
plans and studies directly related to the project
financed from the Kansas water pollution control
revolving fund. The content of a facilities plan
shall be as described in the federal register 40
CFR 35.2030(b), as in effect on January 1, 1989.
(f) ‘‘Infiltration’’ means water other than sewage that enters a sewerage system from the
ground through defective pipes, pipe joints, connections, or manholes.
(g) ‘‘Excessive infiltration’’ means the quantity
of flow which is more than 120 gallons per capita
per day or the quantity of infiltration which could
be economically and effectively eliminated from a
sewer system as determined in a cost-effectiveness analysis. Flow rates more than 120 gallons
per capita per day when justified by water use
records are not considered to be excessive infiltration.
(h) ‘‘Inflow’’ means water other than sewage
that enters a sewerage system. Inflow does not
include infiltration.
(i) ‘‘Excessive inflow’’ means a rainfall-induced
flow rate in excess of 275 gallons per capita per
day.
(j) ‘‘Loan applicant’’ means any county, city,
sewer district, other public agency, or any combination thereof, created by or pursuant to Kansas
statutes, filing an application for a loan pursuant
to the Kansas water pollution control fund act of
1988.
(k) ‘‘Loan agreement’’ means an executed contract between a loan recipient and the secretary
confirming the purpose of the loan, the amount
and terms of the loan, the schedule of loan payments and repayments and any other agreed upon
conditions set forth by the secretary.
(l) ‘‘Minority business enterprise’’ means a
business certified as a minority business enterprise by a state or federal agency based on the
authority of state or federal statutes.
(m) ‘‘Project’’ means the scope of work for
which a loan is awarded.
(n) ‘‘Secretary’’ means the secretary of Kansas
department of health and environment.
(o) ‘‘Sewerage’’ means the removal and treatment of surface water, sewage and other wastewater by sewers, a system of sewers, wastewater
treatment processes or any other means such as
recycling and reclamation.
(p) ‘‘Value engineering’’ means a cost control
technique which uses a systematic approach to
identify unnecessarily high costs in a project without sacrificing the reliability or efficiency of the
project.
(q) ‘‘Women’s business enterprise’’ means a
business certified as a women’s business enterprise by a state or federal agency based on the
authority of state or federal statutes.
(r) ‘‘Wastewater treatment works’’ means any
device, or system for the storage, treatment, recycling, and reclamation of sewage. These include:
(1) intercepting sewers, outfall sewers, sewage
collection systems, pumping stations, facilities for
sewage treatment and disposal of residues resulting from treatment, power and other equipment,
their appurtenances, extensions, improvements,
remodeling, additions and alterations thereof; and
(2) any works, including site acquisition of the
land, that will be an integral part of the treatment
process or are used for ultimate disposal of residues resulting from treatment. (Authorized by
and implementing K.S.A. 1988 Supp. 65-3323; effective May 29, 1989.)WATER POLLUTION CONTROL 28-16-117
221
28-16-111. Reserved.
28-16-112. Fund use eligibility. (a) The
fund shall be used only to finance all or any part
of the following activities:
(1) loans to loan applicants for the planning,
design, and construction of publicly-owned wastewater treatment works; and
(2) loans to loan applicants with taxing authority for the implementation of nonpoint source pollution control management programs developed
in conformance with section 319 of the federal
clean water act as amended on or before January
1, 1989, 33 USC 1251 et seq.
(b) Each project eligible to receive loans shall
appear on the project priority list prepared by the
department. (Authorized by K.S.A. 1988 Supp.
65-3323; implementing K.S.A. 1988 Supp. 65-
3322; effective May 29, 1989.)
28-16-113. Interest rate. Each loan shall
bear interest for the entire life of the loan at a rate
set by the secretary. The secretary may also set
fees for servicing the loans. The interest rate together with the servicing fee shall be an amount
equal to sixty percent of the previous three
months’ average ‘‘bond buyers 20 bond index’’ as
published on the first Monday of each week of the
preceding three months. (Authorized by K.S.A.
1988 Supp. 65-3323; implementing K.S.A. 1988
Supp. 65-3326; effective May 29, 1989.)
28-16-114. Repayment of loans. (a) All
principal and interest shall be repaid in accordance with the terms and conditions of the executed loan agreement. Principal and interest payments shall begin not later than two years after
receipt of the first loan installment and in no case
later than one year following the completion of
the project. Repayment of the loan shall not exceed a 20-year repayment period as agreed upon
in the loan agreement. Project completion is defined as initiation of operation or capability to initiate operation.
(b) Prepayment of principal in whole or part
may be made in accordance with the terms and
conditions of the executed loan agreement. (Authorized by K.S.A. 1988 Supp. 65-3323; implementing K.S.A. 1988 Supp. 65-3322 and 65-3326;
effective May 29, 1989.)
28-16-115. Dedicated loan repayment
source. (a) Each loan recipient shall adopt one or
more dedicated sources of revenue for repayment
of the loan including principal and interest. The
dedicated sources of revenue may be in the form
of user charges, ad valorem taxes, special tax assessments, another permanent source of revenue
or some combination of these sources. Each dedicated source of revenue shall be legally available
to the loan recipient over the life of the loan repayment obligation and pledged to the repayment
of the loan. Each dedicated source of revenue
shall be approved by the secretary.
(b) Each loan recipient shall conduct a revenue
source review every fifth year following the date
of the loan agreement during the entire life of the
loan repayment obligation and shall implement
the new revenue rates as approved by the secretary. (Authorized by K.S.A. 1988 Supp. 65-3323;
implementing K.S.A. 1988 Supp. 65-3326 and 65-
3327; effective May 29, 1989.)
28-16-116. Failure to repay loan on
schedule. Upon failure of a loan recipient to pay
one or more installments of the loan repayment
on schedule, the governing body of the loan recipient shall be consulted by the secretary, and
thereafter the governing body shall adopt charges,
as set by the secretary, to be levied against users
of the project. These charges shall remain in effect
until the full amount of the loan, including principal and interest, has been repaid. The governing
body of each loan recipient shall collect any
charges established by the secretary or required
by the secretary and shall expeditiously forward
the collected moneys to the secretary. (Authorized
by K.S.A. 1988 Supp. 65-3323; implementing
K.S.A. 1988 Supp. 65-3327; effective May 29,
1989.)
28-16-117. Double benefits. (a) Projects
receiving construction grants under the federal
clean water act shall not be eligible to receive
loans under the Kansas water pollution control revolving fund act for the nonfederal shares of the
projects costs.
(b) Loans shall be made only for the publiclyowned portion of sewerage projects.
(c) If a project receives a loan for planning,
preparation of design and construction documents
or both, and subsequently receives a federal grant
allowance for the same purposes, the loan recipient shall repay the loan to the extent of the allowance received by not later than 30 days from the
receipt of the allowance. (Authorized by K.S.A.
1988 Supp. 65-3323; implementing K.S.A. 1988
Supp. 65-3322; effective May 29, 1989.)28-16-118 KANSAS DEPT. OF HEALTH AND ENVIRONMENT
222
28-16-118. Project eligibility. (a) In order to receive a loan, each sewerage facility equivalency project shall comply or be consistent with:
(1) The best practicable waste treatment technology requirements defined in K.A.R. 28-16-
110(a);
(2) The facilities planning process defined in
K.A.R. 28-16-110(e);
(3) The type of projects described in K.A.R.
28-16-119;
(4) The alternative ultimate waste disposal
procedure described in K.A.R. 28-16-120;
(5) The infiltration and inflow requirements
described in K.A.R. 28-16-121;
(6) The alternative and innovative treatment
provisions described in K.A.R. 28-16-122;
(7) The open space recreation requirement described in K.A.R. 28-16-123;
(8) The capital improvement plan described in
K.A.R. 28-16-124; and
(9) The water quality management plan described in K.A.R. 28-16-125.
(b) In order to receive a loan, each nonpoint
source pollution control equivalency project shall
comply or be consistent with the nonpoint source
pollution control management plan described in
K.A.R. 28-16-126. (Authorized by and implementing K.S.A. 1988 Supp. 65-3323; effective
May 29, 1989.)
28-16-119. Eligible project types. (a) An
equivalency loan may be granted for:
(1) Projects providing secondary treatment,
any part of secondary treatment or any cost-effective alternative to secondary treatment;
(2) Projects providing a treatment process or
any part of a treatment process which is more
stringent than secondary treatment or cost-effective alternatives;
(3) Other wastewater treatment works;
(4) New interceptors and their appurtenances;
(5) Excessive infiltration or inflow correction
projects; or
(6) Other sewerage facility projects, and nonpoint source pollution control management plan
implementation projects, and groundwater quality
protection projects. These types of projects shall
not exceed 20% of equivalency funds, and require
the specific designation of the governor.
(b) Any sewerage project or nonpoint source
pollution control project may receive a loan from
the nonequivalency portion of the Kansas water
pollution control revolving fund upon approval of
the secretary. (Authorized by K.S.A. 1988 Supp.
65-3323; implementing K.S.A. 1988 Supp. 65-
3322 and K.S.A. 1988 Supp. 65-3324; effective
May 29, 1989.)
28-16-120. Alternative ultimate disposal. Each loan applicant for a sewerage facility
project shall evaluate alternative methods and
technologies for the reuse or ultimate disposal of
treated wastewater and residue material resulting
from the waste treatment process. (Authorized by
K.S.A. 1988 Supp. 65-3323; implementing K.S.A.
1988 Supp. 65-3322 and 65-3326; effective May
29, 1989.)
28-16-121. Infiltration and inflow. Each
loan applicant for a sewerage facility project shall
demonstrate that: (a) the existing sewage collection systems related to the proposed project are
not subject to excessive infiltration or inflow; or
(b) the loan applicant has been implementing
an effective ongoing infiltration and inflow reduction program for those sewage collection systems.
(Authorized by K.S.A. 65-3323; implementing
K.S.A. 1988 Supp. 65-3322 and 65-3326; effective
May 29, 1989.)
28-16-122. Alternative and innovative
treatment. Each loan applicant for a wastewater
treatment project shall demonstrate the consideration of cost effective alternative and innovative
wastewater treatment processes and techniques
during the planning, selection and design of the
project. (Authorized by K.S.A. 1988 Supp. 65-
3323; implementing K.S.A. 1988 Supp. 65-3322;
effective May 29, 1989.)
28-16-123. Open space recreation.
Each loan applicant shall analyze and document
the potential open space and recreation opportunities associated with the project. (Authorized by
K.S.A. 1988 Supp. 65-3323; implementing K.S.A.
1988 Supp. 65-3322; effective May 29, 1989.)
28-16-124. Capital improvement plan.
Each loan applicant for a sewerage facility project
shall submit to the secretary, with the loan application, a capital improvement financing plan for
the applicant’s projected sewerage facility needs.
The plans shall cover not less than a five-year period and shall be approved by the governing body
of the entity. The capital improvement financing
plan shall be reviewed and kept current by the
governing body during the entire life of the loanWATER POLLUTION CONTROL 28-16-133
223
repayment obligation. (Authorized by K.S.A. 1988
Supp. 65-3323; implementing K.S.A. 1988 Supp.
65-3322; effective May 29, 1989.)
28-16-125. Water quality management
plan. Each sewerage facility project eligible for a
loan shall be consistent with the applicable water
quality management plan, the county-wide wastewater management plan or both, and the loan applicant shall be a designated wastewater management agency within the management plan.
(Authorized by K.S.A. 1988 Supp. 65-3323; implementing K.S.A. 1988 Supp. 65-3322 and 65-
3326; effective May 29, 1989.)
28-16-126. Nonpoint source pollution
control management plan. Each nonpoint pollution control or groundwater quality protection
project shall be consistent with applicable nonpoint pollution source control management planning approved by the secretary. (Authorized by
K.S.A. 1988 Supp. 65-3323; implementing K.S.A.
1988 Supp. 65-3322; effective May 29, 1989.)
28-16-127. Sewer use ordinance. Each
loan applicant for a sewerage facility project shall
develop, and subsequent to the secretary’s approval, adopt a sewer use ordinance or other legally binding document to protect the integrity of
the entire wastewater works system by: (a) requiring the exclusion of excessive infiltration and
inflows from the treatment works;
(b) prohibiting toxic concentrations of toxic
materials in wastewater introduced into the treatment works; and
(c) prohibiting other pollutants in amounts or
concentrations that:
(1) endanger public safety or the physical integrity of the treatment works; or
(2) cause violation of effluent or water quality
limitations or cause residue or sludge processing
or disposal problems. (Authorized by K.S.A. 1988
Supp. 65-3323; implementing K.S.A. 1988 Supp.
65-3322 and 65-3326; effective May 29, 1989.)
28-16-128. User charge system. Each
loan applicant for a sewerage facility project shall
develop, and subsequent to the secretary’s review
and approval, adopt a user charge system which
shall produce adequate revenues for operation
and maintenance of the entire wastewater works,
including minor replacement. The user charge
system shall be based on either actual use of the
wastewater works, ad valorem taxes or a combination of the two. An ad valorem tax may only be
used if that form of dedicated user charge had
been in place prior to the initiation of the proposed project. (Authorized by K.S.A. 1988 Supp.
65-3323; implementing K.S.A. 1988 Supp. 65-
3322 and 65-3326; effective May 29, 1989.)
28-16-129. Value engineering. Each
loan recipient for a sewerage project shall conduct
value engineering during the design phase of the
project if the total estimated project cost exceeds
$10 million. The value engineering recommendations shall be implemented to the maximum extent possible as approved by the secretary. (Authorized by K.S.A. 1988 Supp. 65-3323;
implementing K.S.A. 1988 Supp. 65-3322; effective May 29, 1989.)
28-16-130. Project certification. Each
loan recipient shall certify to the secretary
whether the project meets the project’s performance standards on the date one year after the initiation of operations of the project. The loan recipient shall be responsible for assuring timely
correction and compliance, including recertification in case the initial certification was a negative
declaration. (Authorized by K.S.A. 1988 Supp. 65-
3323; implementing K.S.A. 1988 Supp. 65-3322;
effective May 29, 1989.)
28-16-131. Procurement. Each loan recipient shall follow applicable state procurement
laws and regulations and procedures established
by the secretary. The approval of the secretary is
required prior to procurement. (Authorized by
and implementing K.S.A. 1988 Supp. 65-3323; effective May 29, 1989.)
28-16-132. Fair labor standards. Bidding documents for each wastewater treatment
works equivalency project shall include the prevailing wage rates established for the locality by
the U.S. department of labor under the federal
Davis-Bacon act. (Authorized by K.S.A. 1988
Supp. 65-3323; implementing K.S.A. 1988 Supp.
65-3322; effective May 29, 1989.)
28-16-133. Small minority and women’s
business enterprises. Each loan recipient for a
wastewater treatment works equivalency project
shall assure that affirmative steps were taken to
utilize small, minority and women’s businesses as
sources of supplies, construction and services. Affirmative steps shall be documented and submitted to the department. Project-specific goals may
be set by the secretary. (Authorized by K.S.A.28-16-134 KANSAS DEPT. OF HEALTH AND ENVIRONMENT
224
1988 Supp. 65-3323; implementing K.S.A. 1988
Supp. 65-3322; effective May 29, 1989.)
28-16-134. Projects documents. (a) Each
loan applicant for a sewerage facility projects shall
submit, for the secretary’s review and approval,
the following documents:
(1) A completed loan application on application forms furnished by the department;
(2) A facilities plan that establishes the need
for the project;
(3) Complete design plans, specifications, and
construction bidding documents, including detailed cost estimates necessary for competitive
bidding, and projected construction and payment
schedules;
(4) A plan of operation, including an overall
project completion schedule, annual operating
cost projections for a minimum of five years, a
description of the financial management system,
and projected revenues to operate and maintain
the entire facility. Revenue projections shall also
include the loan repayment obligations; and
(5) A facility operations manual, which shall be
submitted before 90% of the project is completed.
(b) Each loan applicant for a nonpoint source
pollution control management plan implementation or groundwater quality protection project
shall submit, for the secretary’s review and approval, the following documents:
(1) A completed loan application on application forms furnished by the department;
(2) Planning documents or any assessment
which establishes the need for the project;
(3) Documents needed to plan the construction of the project.
(4) A plan of operation and maintenance to assure project performance for the design life of the
project; and
(5) A binding assurance that adequate financial
resources will be available for operation and maintenance of the project during the life of the project. (Authorized by and implementing K.S.A.
1988 Supp. 65-3323; effective May 29, 1989.)
28-16-135. Financial capability. As part
of the loan application, each loan applicant shall
demonstrate and certify to the secretary that the
applicant has the financial capability to repay the
loan and to cover the costs of operation and maintenance of the entire system of which the proposed project is an integral part. The financial assessment shall cover the life of the loan obligations
and consider, as a minimum, changes in economic
and population growth, existing in debt obligations, revenues, project costs, and effects on user
charge rates. (Authorized by and implementing
K.S.A. 1988 Supp. 65-3323; effective May 29,
1989.)
28-16-136. Public participation. Each
loan recipient shall conduct a minimum of one
public meeting and one public hearing prior to
execution of the loan agreement.
(a) A public meeting shall be conducted during
the preparation of the facilities plan, nonpoint
source pollution control management plan or
groundwater quality protection plan to discuss
project alternatives. Public notice shall be given
not less than 15 days before the public meeting.
(b) Prior to the adoption by the governing body
and submission to the secretary for approval of the
facilities plan, nonpoint source pollution control
management plan or groundwater quality protection plan, a public hearing shall be conducted.
Public notice shall be given not less than 30 days
before the public hearing. (Authorized by K.S.A.
1988 Supp. 65-3323; implementing K.S.A. 1988
Supp. 65-3322; effective May 29, 1989.)
28-16-137. Environmental review. (a)
The Kansas environmental review procedure for
the Kansas water pollution control revolving loan
program, dated February, 1989 is adopted by reference as the required environmental procedure
for an equivalency project.
(b) For an equivalency project, 40 CFR,
6.508(a), 6.511(b) and 6.512 as in effect on July 1,
1988, are adopted by reference.
(c) Those members of the public who participate in the environmental review process shall
have the right to appeal the decisions made within
that process. All such appeals shall be conducted
pursuant to the Kansas administrative procedures
act and the act for judicial review set forth in
K.S.A. 1988 Supp. 77-501 et seq. and K.S.A. 77-
601 et seq., respectively.
(d) When used in any provision adopted from
40 CFR Part 6, references to ‘‘EPA’’ shall be replaced with the Kansas department of health and
environment; ‘‘grant’’ shall be replaced with loan
agreement; ‘‘grantee’’ shall be replaced with applicant. (Authorized by K.S.A. 1988 Supp. 65-
3323; implementing K.S.A. 1988 Supp. 65-3322;
effective May 29, 1989; amended, T-28-10-17-89,
Oct. 17, 1989; amended Dec. 26, 1989.)WATER POLLUTION CONTROL 28-16-154
225
28-16-138. Project accounts. Each loan
recipient shall maintain project accounts in accordance with or similar to generally accepted
government accounting standards defined in the
1988 edition of the Government Accounting, Auditing, and Financial Reporting manual issued by
the Government Finance Officers Association.
(Authorized by K.S.A. 1988 Supp. 65-3323; implementing K.S.A. 1988 Supp. 65-3322; effective
May 29, 1989.)
28-16-150. Scope. The provisions of
K.A.R. 28-16-150 through 28-16-154, inclusive
and any amendments to those regulations, shall
apply to the issuance of each general permit for
water pollution control. (Authorized by K.S.A. 65-
165; implementing K.S.A. 65-165 and K.S.A. 65-
171d; effective Sept. 27, 1993.)
28-16-151. Definitions. 40 CFR 122.2 as
in effect on July 1, 1991 is adopted by reference.
(Authorized by K.S.A. 65-165; implementing
K.S.A. 65-165 and K.S.A. 65-171d; effective Sept.
27, 1993.)
28-16-152. Coverage. 40 CFR 122.28(a)
as in effect July 1, 1991, as amended at 57 FR
11412, April 2, 1992 is adopted by reference. (Authorized by K.S.A. 65-165; implementing K.S.A.
65-165 and K.S.A. 65-171d; effective Sept. 27,
1993.)
28-16-153. Administration. 40 CFR
122.28(b)(1), (2), and (3)(i), (iii), (iv), and (v), as
in effect on July 1, 1991, as amended at 57 FR
11412, April 2, 1992 are adopted by reference,
with the following modifications or exceptions. (a)
The provisions of 40 CFR 122.28(b)(1) shall be
modified as follows: ‘‘(1) In general. General permits may be issued, modified, revoked and reissued, or terminated in accordance with K.A.R. 28-
16-59 through 28-16-62 inclusive, and K.A.R.
28-16-154.’’
(b) The provisions of 40 CFR 122.28(b)(2)(i)
shall be modified as follows: ‘‘(i) Except as provided in paragraphs (b)(2)(v) and (b)(2)(vi) of this
section, each discharger or treatment works treating domestic sewage seeking coverage under a
general permit shall submit to the director a written notice of intent to be covered by the general
permit. Any discharger or treatment works treating domestic sewage who fails to submit a notice
of intent in accordance with the terms of the permit shall not be authorized to discharge, (or in the
case of sludge disposal permit, to engage in a
sludge use or disposal practice), under the terms
of the general permit unless the general permit,
in accordance with paragraph (b)(2)(v) of this section, contains a provision that a notice of intent is
not required or the director notifies a discharger
or treatment works treating domestic sewage that
it is covered by a general permit in accordance
with paragraph (b)(2)(vi) of this section. A complete and timely notice of intent (NOI) to be covered in accordance with general permit requirements, fulfills the requirements for permit
applications for purposes of K.A.R. 28-16-59.’’
(c) The provisions of 40 CFR 122.28(b)(2)(ii)
shall be modified as follows: ‘‘(ii) The contents of
each notice of intent shall be specified in each
general permit and shall require the submission
of information necessary for adequate program
implementation, including at a minimum, the legal name and address of the owner, the legal name
and address of the operator if different from the
owner, the facility name and address, the type of
facility, the type of discharge(s), the number of
discharge points, the location using the public
land survey system of each discharge point, and
the receiving stream(s). A general permit for
storm water discharge associated with industrial
activity from inactive mining, inactive oil and gas
operations, or inactive landfills occurring on federal lands where an operator cannot be identified
may contain alternative notice of intent requirements. Each notice of intent shall be signed in
accordance with K.A.R. 28-16-59(e).’’
(d) The provisions of 40 CFR 122.28(b)(3)(iii)
shall be modified as follows: ‘‘(iii) Any owner or
operator authorized by a general permit may request to be excluded from the coverage of the
general permit by applying for an individual permit. The owner or operator shall submit an application under K.A.R. 28-16-59, with reasons supporting the request, to the director no later than
90 days after the publication of the general permit
by a state in accordance with applicable state law.
Each request shall be processed under applicable
state procedures. The request shall be granted by
issuing an individual permit if the reasons cited by
the owner or operator are adequate to support the
request.’’ (Authorized by K.S.A. 65-165; implementing K.S.A. 65-165 and K.S.A. 65-171d; effective Sept. 27, 1993.)
28-16-154. Incorporation. 40 CFR
124.10(d)(1)(i) through (v) and (vii) as in effect on
July 1, 1991, are adopted by reference except that28-17-1 KANSAS DEPT. OF HEALTH AND ENVIRONMENT
226
the provisions of 40 CFR 124.10(d)(1)(v) shall be
modified as follows: ‘‘(v) A brief description of the
comment procedures required by K.A.R. 28-16-
61(c) and (d) and the time and place of any hearing that will be held, including a statement of procedures to request a hearing, unless a hearing has
already been scheduled, and other procedures by
which the public may participate in the final permit decision.’’ (Authorized by K.S.A. 65-165; implementing K.S.A. 65-165 and K.S.A. 65-171d; effective Sept. 27, 1993.)
Article 17.—DIVISION OF VITAL
STATISTICS
28-17-1. Enforcement of uniform vital
statistics act. Any violation of K.S.A. 65-2401 et
seq., rules and regulations shall be immediately
reported to the state registrar who shall immediately report such cases to the county attorney, or
the official acting in that capacity, for prosecution,
as provided in K.S.A. 65-2434. (Authorized by
K.S.A. 65-2402, 65-2406, as amended by L. 1990,
Chap. 226; implementing K.S.A. 65-2434; effective Jan. 1, 1966; amended Oct. 22, 1990.)
28-17-2. (Authorized by K.S.A. 65-2404; effective Jan. 1, 1966; revoked May 1, 1986.)
28-17-3. (Authorized by K.S.A. 65-2431; effective Jan. 1, 1966; revoked Oct. 22, 1990.)
28-17-4. (Authorized by K.S.A. 65-2430;
implementing K.S.A. 65-2430; effective Jan. 1,
1966; amended May 1, 1983; revoked Oct. 22,
1990.)
28-17-5. (Authorized by K.S.A. 65-2402
and implementing K.S.A. 65-2409, as amended by
L. 1990, Chap. 226; effective Jan. 1, 1966;
amended Oct. 22, 1990; revoked May 10, 1996.)
28-17-6. Fees for copies and searches.
(a) Subject to the restrictions of K.S.A. 65-2418,
K.S.A. 65-2422 and K.S.A. 65-2423, and any
amendments to those statutes, certified copies of
certificates or parts of certificates shall be furnished by the state registrar upon request by an
authorized applicant and payment of the required
fee. The fee for making and certifying such copies
shall be $10.00 for the first copy and $5.00 for
each additional copy of the same record requested
at the same time.
(b) For any search of the files and records
when no certified copy is made, the fee shall be
$10.00 for each five-year period for which a search
is requested, or for each fractional part of a fiveyear period of years.
(c) For any search of the files necessary for
preparing an amendment to a standard birth,
death, marriage or divorce certificate already on
file, the fee shall be $10.00.
(d) For non-certified copies of certificates or
parts of certificates requested for statistical research purposes, the fee and the manner in which
the fee is to be paid shall be determined by the
state registrar on the basis of costs for providing
those services. (Authorized by and implementing
K.S.A. 23-110, K.S.A. 65-2418, as amended by
1993 HB 2008, Sec. 15 and K.S.A. 65-2420, effective Jan. 1, 1966; amended Jan. 1, 1968;
amended, E-78-18, July 7, 1977; amended May 1,
1978; amended May 1, 1983; amended, T-84-13,
July 1, 1983; amended May 1, 1984; amended
May 1, 1988; amended Oct. 7, 1991; amended, T-
28-9-25-92, Sept. 25, 1992; amended Nov. 16,
1992; amended Aug. 16, 1993.)
28-17-7. (Authorized by K.S.A. 65-2402,
implementing K.S.A. 65-2422, effective Jan. 1,
1966; amended May 1, 1986; amended May 1,
1987; revoked Oct. 22, 1990.)
28-17-8. (Authorized by K.S.A. 65-2402;
implementing 65-2419; effective Jan. 1, 1966;
amended May 1, 1986; revoked May 10, 1996.)
28-17-9. Approval of application for delayed birth certificate. Each application for a
delayed birth certificate, including completed
forms, as required, and documentary evidence,
shall be examined, abstracted, and filed or rejected only in the office of vital statistics of the
department. (Authorized by K.S.A. 65-2402; implementing 65-2420; effective Jan. 1, 1966;
amended May 1, 1986.)
28-17-10. Application form requirements for registration of delayed birth certificate. Requirements for registration of a delayed
birth certificate shall be the following: The delayed birth certificate shall be filled out giving
facts as at the time of birth, signed before a notary
public, or person duly authorized to administer
oath, by the registrant if over 18 years of age. If
under age 18, the delayed certificate shall be
signed by the parent, older relative or attending
physician. The delayed birth certificate shall be
supported by the following evidence:
(1) Two original documents or certified or photostatic copies of original documents executed at