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

(2) There shall be a program review fee for any mentioned. (Authorized by K.S.A. 65-164, 65-165,
out-of-state laboratory of $75.00 for each type of 65-171d; effective Jan. 1, 1966.)
certification review.
28-16-3. Plans. Plans for sewerage systems,
(b) The fees set forth in subsection (a) of this
sewer extensions and sewage treatment plants
regulation shall be submitted with the appropriate
shall include:
application form provided by the Kansas depart-
(A) A general map of the municipality or sewer
ment of health and environment.
district, showing all proposed and existing streets
(c) Upon receipt and review of the application,
and alleys, drawn to a scale not smaller than 300
a statement of certification fees shall be calculated
feet to one inch, with all sewer lines, with sizes
and issued to the laboratory, by the department
indicated, and the location of all manholes, clean-
as follows.
outs, and other appurtenances.
(1) For each type of certificate, excluding field
(B) The profiles of all sewers, with sizes of sew-
laboratory certification, the annual fee shall be
ers, elevations of the sewer inverts of all manholes,
$30.00 for each individual chemical parameter
and the grade of the sewers between each two
and $50.00 for parametric groups to a maximum
adjacent manholes plainly stated. At the sewer
of $800.00.
outlet shall be shown the approximate elevation
(2) The fee for microbiology shall be $200.00.
of the bottom of the stream, or ordinary low wa-
(3) The fee for biomonitoring shall be $200.00.
ter, and of annual and extraordinary high water.
(4) For field laboratory certification, the fee for
Elevation of extraordinary high water shall be
each parameter shall be $90.00.
shown on profiles of sewers subject to flooding.
(d) A fee of $50.00 shall be assessed for each
Scales of profiles must be clearly stated. The fol-
parameter requested as an additional analyte dur-
lowing scale is suggested: vertical, 10 feet to 1
ing the certification period. This fee shall be as-
inch; horizontal, 100 feet to 1 inch.
sessed in addition to any maximum limit.
(C) Detail drawings of manholes, cleanouts, in-
(e) Fees shall be remitted in full prior to the
lets, catch basins, overflows, outlets, and all other
issuance of the certificate. Fees shall not be re-
appurtenances must accompany the application.
funded except in the case of overpayment. Pay-
Unless sewers are other than vitrified clay, detail
ment of fees shall be made to the Kansas health
drawing must be submitted.
and environmental laboratory, laboratory certifi-
(D) The plans for the treatment plant shall in-
cation, Kansas department of health and environ-
clude: (1) a general layout, showing areas for fu-
ment, Topeka, Kansas, 66620-0001.(Authorized
ture extension, embankments, various parts of
by and implementing K.S.A. 65-156, 65-166a;
plant, course of outfall sewer, outlet, stream with
65-1,109a; effective, E-79-14, June 23, 1978; ef-
direction of flow, and any branches in immediate
fective May 1, 1979; amended May 1, 1986;
neighborhood, etc.; (2) details of longitudinal and
amended Jan. 24, 1994.)
transverse sections sufficient to make clear the
construction of each unit. Details of each feature,
Article 16.—WATER POLLUTION inlet and outlet devices, baffles, valves, overflows,
CONTROL arrangement of automatic devices, etc., the depth
SEWAGE DISCHARGE PERMITS
and sizes of filtering media, the method of distri-
bution and collection of sewage on the beds, and
28-16-1. Information required. (A) Ap- such other information as is necessary for a com-
plication on form furnished by the department. plete understanding of the plans.
(B) Plans. Each drawing shall have a legible title showing
(C) Specifications. the name of the town or person for whom the
(D) Engineer’s report. (Authorized by K.S.A. drawing is made, name of engineer, scale, date,
65-164, 65-165, 65-171d; effective Jan. 1, 1966.) and substance of drawing. (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 28-16-4. Specifications. Specifications for
be submitted to the chief engineer for the board the construction of the work shall accompany all
at least three weeks prior to the date on which plans for new or original systems. Where plans are
action is desired. It is not to be inferred, however, for extensions to systems, the specifications may
that action will always be taken within the time be omitted, provided it is stated that work is to be

183
28-16-5 KANSAS DEPT. OF HEALTH AND ENVIRONMENT

constructed under specifications already on file. It pumping unit if sewage is pumped, and any au-
is desired that the estimate of cost be included, tomatic arrangements. (Authorized by K.S.A. 65-
but this is not compulsory. (Authorized by K.S.A. 164, 65-165, 65-171d; effective Jan. 1, 1966.)
65-164, 65-165, 65-171d; effective Jan. 1, 1966.)
28-16-7. Deviation from plans. There
28-16-5. Engineer’s report. A compre- shall be no deviation from plans submitted to and
hensive report of the proposed work, written or approved by the department, unless amended
approved by the consulting or designing engineer, plans showing proposed changes have been sub-
must accompany all plans for a complete system mitted to and approved by the department. Cop-
or treatment plant, and must give all data upon ies of approved plans, specifications, application
which the design is based, such as information and report must be filed with the department and
concerning sewer systems: permit obtained before the contract for the work
(A) The nature and extent of the area included is let. (Authorized by K.S.A. 65-164, 65-165, 65-
with the present system of sewerage, and of the 171d; effective Jan. 1, 1966.)
area which it is planned shall drain into this system
ultimately. 28-16-8 to 28-16-10. (Authorized by
(B) Population to be served, present and fu- K.S.A. 65-170, 65-171d; effective Jan. 1, 1966; re-
ture, estimated for twenty-five years. voked Jan. 1, 1972.)
(C) The estimated daily per capita flow of sew- RIVER BASIN WATER QUALITY CRITERIA
age, and the total and per capita water consump-
tion of the town at the present time. 28-16-11 to 28-16-26. (Authorized by
(D) The allowance made for infiltration. K.S.A. 1971 Supp. 65-165 through 65-171d; ef-
(E) The estimated daily flow of sewage. fective, E-67-6, May 31, 1967; effective Jan. 1,
(F) The character of the sewage. If domestic 1968; amended, E-71-12, Feb. 1, 1971; amended
and trade wastes, estimate nature, and approxi- Jan. 1, 1972; revoked, E-73-16, May 18, 1973; re-
mate quantity of each. voked Jan. 1, 1974.)
(G) Method of flushing or cleaning sewers.
28-16-27. Emergency or accidental dis-
(H) Portion to be built at present time.
charge of sewage or other detrimental ma-
(I) Minimum and maximum grade of sewers of
terial into waters; report to department of
each size.
health. The owner or person responsible for the
(J) If there are sections which cannot grade
discharge of sewage or other materials detrimen-
into this system, the extent of such sections and
tal to the quality of waters of the state, under con-
the probable future disposition of sewage from
ditions other than provided for by a valid permit
these sections.
issued by the secretary of the state board of
(K) Distance of houses or buildings from pro-
health, shall report such discharge to the state de-
posed outlet or treatment plant.
partment of health, environmental health services.
(L) Approximate maximum and minimum flow
When sewage treatment facilities or portions
of water in stream receiving flow of sewage.
thereof are programmed for bypassing for cause,
(M) Drainage area above outlet or treatment
which results in reduced treatment efficiency be-
plant.
low acceptable levels, the owner or his represen-
(N) Nearest water supplies taken from stream
tative shall notify and receive approval from the
below plant or outlet; above plant or outlet. Dams
state department of health at least seven (7) days
in vicinity of plant or outlet. (Authorized by K.S.A.
prior to such discharge.
65-164, 65-165, 65-171d; effective Jan. 1, 1966.)
Emergency or accidental discharge of sewage
28-16-6. Information concerning treat- or other materials detrimental to the quality of
ment plant. In addition to that concerning sewer waters of the state shall be immediately reported
systems: Engineer’s report should cover the fol- to the state department of health by the owner of
lowing points: method of treatment and descrip- the treatment plant or his representative. In the
tion of units; rate of loading; nature of body of event the water pollution-causing material is in
water; disposal of sludge; special devices; special transit or in storage within the state, it shall be the
methods of maintenance or operation; results ex- responsibility of the owner, the carrier, or person
pected from treatment plant. Explain any reserve responsible for storage, to immediately notify the
units in pipelines, filters, tanks, etc. Describe state department of health that the pollutant has

184
 WATER POLLUTION CONTROL 28-16-28b

gained admittance or there is the potential the the lowering of water quality in surface waters of
pollutant will gain admittance to waters of the the state, including those streams, lakes and wet-
state. (Authorized by K.S.A. 65-164, 65-169, 65- lands wherein existing water quality exceeds the
171a, 65-171f, K.S.A. 1968 Supp. 65-165, 65-166, level required for maintenance and protection of
65-167, 65-171d, 65-171h; effective Jan. 1, 1969.) the existing and designated uses.
(e) ‘‘Artificial sources’’ means sources of pol-
28-16-28. (Authorized by K.S.A. 1977
lution that result from human activities which can
Supp. 65-165 through 65-171d; effective, E-73-
be abated by construction of control structures,
16, May 18, 1973; effective Jan. 1, 1974; amended,
modification of operating practices, complete re-
E-76-3, Jan. 1, 1975; amended May 1, 1975;
straint of activities, or some combination of these
amended May 1, 1978; revoked May 1, 1986.)
methods.
28-16-28a. (Authorized by K.S.A. 1977 (f) ‘‘Base flow’’ means that portion of a stream’s
Supp. 65-165, 65-166, 65-166a, 65-167, 65-169, flow contributed by sources of water other than
65-170, 65-171a through 65-171d; effective, E-76- precipitation runoff. Where used in this regula-
15, Feb. 28, 1975; effective May 1, 1976; tion in the context of stream classification, the
amended May 1, 1978; revoked May 1, 1986.) term refers to a fair weather flow sustained pri-
marily by springs or groundwater seepage, waste-
SURFACE WATER QUALITY STANDARDS
water discharges, irrigation return flows, releases
28-16-28b. Definitions. As used in these from reservoirs, or some combination of these fac-
regulations: (a) ‘‘A condition of acute toxicity’’ tors.
means any concentration of a toxic substance that (g) ‘‘Bioaccumulation’’ means the accumula-
exceeds the applicable acute criterion for aquatic tion of toxic substances in plant or animal tissue
life support presented in K.A.R. 28-16-28e or, for through either bioconcentration or biomagnifica-
substances not listed in K.A.R. 28-16-28e or for tion.
complex mixtures of toxic substances, any concen- (h) ‘‘Bioassessment methods and procedures’’
tration that exceeds 0.3 times the median lethal means the use of biological methods of assessing
concentration determined through laboratory tox- surface water quality including, but not limited to,
icity tests conducted in accordance with the field investigations of aquatic organisms and lab-
United States environmental protection agency’s oratory or field aquatic toxicity tests.
‘‘Methods for Measuring the Acute Toxicity of Ef- (i) ‘‘Bioconcentration’’ means the concentra-
fluents to Freshwater and Marine Organisms,’’ tion and incorporation of toxic substances into
fourth edition, as published in September 1991 body tissues from ambient sources.
and hereby adopted by reference. (j) ‘‘Biomagnification’’ means the transport of
(b) ‘‘A condition of chronic toxicity’’ means any toxic substances through the food chain, through
concentration of a toxic substance that exceeds the successive cycles of eating and being eaten, and
applicable chronic criterion for aquatic life sup- the subsequent accumulation and concentration
port presented in K.A.R. 28-16-28e or, for sub- of such substances in higher-order consumers and
stances not listed in K.A.R. 28-16-28e or for com- predators.
plex mixtures of toxic substances, any (k) ‘‘Biota’’ means the animal and plant life of
concentration that exceeds the no-observed-effect a given geographical region.
level determined through laboratory toxicity tests (l) ‘‘Carcinogenic’’ means having the property
conducted in accordance with the United States of inducing the production of cancerous cells in
environmental protection agency’s ‘‘Short-Term organisms.
Methods for Estimating the Chronic Toxicity of (m) ‘‘Classified surface water’’ means any sur-
Effluents and Receiving Waters to Freshwater face water or surface water segment that supports,
Organisms,’’ second edition, as published in or in the absence of artifical sources of pollution
March 1989 and hereby adopted by reference. would support, one or more of the designated uses
(c) ‘‘Alluvial aquifer’’ means the sediment that of surface water defined in K.A.R. 28-16-28d(a),
is associated with and deposited by a stream, and or that otherwise meets the criteria for classifica-
that contains water capable of being produced tion given in K.A.R. 28-16-28d(b).
from a well. (n) ‘‘Compliance schedule’’ means any provi-
(d) ‘‘Antidegradation’’ means the regulatory ac- sion in a discharge permit or license issued by the
tions and measures taken to prevent or minimize department pursuant to the federal clean water

185
28-16-28b KANSAS DEPT. OF HEALTH AND ENVIRONMENT

act or K.S.A. 65-165 that, for the purposes of ter act, 42 U.S.C. 300f to 300j-9, as amended on
meeting water quality-based effluent limitations June 19, 1986.
or other requirements included in the permit or (bb) ‘‘Median lethal concentration’’ means the
license, provides a specified period of time for the concentration of a toxic substance or a mixture of
construction or renovation of a wastewater treat- toxic substances that is estimated to be lethal to
ment facility and the completion of any related 50 percent of the population of test organisms in
scientific or engineering studies, reports, plans, or an acute toxicity test.
design specifications. (cc) ‘‘Microfibers per liter (mfibers/L)’’ means
(o) ‘‘Criterion’’ means any numerical element the number of microscopic particles with a length-
or narrative provision of the surface water quality to-width ratio of 3:1 or greater present in a volume
standards representing an enforceable water qual- of one liter.
ity condition. (dd) ‘‘Microgram per liter (mg/L)’’ means the
(p) ‘‘Department’’ means the Kansas depart- concentration of a substance at which one one-
ment of health and environment. millionth of a gram (10-6 g) of the substance is
(q) ‘‘Designated use’’ means any of the bene- present in a volume of one liter.
ficial uses specifically attributed to surface waters (ee) ‘‘Milligram per liter (mg/L)’’ means the
in K.A.R. 28-16-28d. concentration of a substance at which one one-
(r) ‘‘Discharge’’ means the release of effluent, thousandth of a gram (10-3 g) of the substance is
either directly or indirectly, into surface waters. present in a volume of one liter.
(s) ‘‘Ecological integrity’’ means the natural or (ff) ‘‘Mixing zone’’ means the designated por-
unimpaired structure and functioning of an tion of a stream or lake where an effluent is in-
aquatic or terrestrial ecosystem. completely mixed with the receiving surface water
(t) ‘‘Effluent’’ means the sewage or wastewater and where, in accordance with K.A.R. 28-16-28e,
discharged from an artificial source. concentrations of certain pollutants may legally
(u) ‘‘Existing use’’ means any of the beneficial exceed water quality criteria applied in most other
uses described in K.A.R. 28-16-28d known to have portions of the receiving surface water.
occurred in, or to have been made of, a surface (gg) ‘‘Mutagenic’’ means the property of di-
water or surface water segment on or after No- rectly or indirectly causing a mutation.
vember 28, 1975. (hh) ‘‘Nonpoint source’’ means any of a variety
(v) ‘‘Fecal coliform bacteria’’ means faculta- of diffuse sources of water pollution including, but
tively anaerobic, gram negative, non-spore form- not limited to, precipitation runoff from agricul-
ing, rod-shaped bacteria which, when cultured tural lands, the aerial drift and deposition of air
under specific laboratory conditions, will ferment contaminants, and the intrusion and seepage of
lactose, thereby producing acid, gas, or both. subsurface brine or other contaminated ground-
(w) ‘‘Federal clean water act’’ means the fed- waters.
eral water pollution control act, 33 U.S.C. 1251 et (ii) ‘‘No-observed-effect level’’ means the high-
seq., as amended on February 4, 1987. est concentration of a toxic substance, or a mixture
(x) ‘‘Flow’’ means the volume of water moving of toxic substances, that has no statistically signif-
past a stream cross-sectional plane per unit of icant adverse effect on the population of test or-
time. ganisms in a chronic toxicity test.
(y) ‘‘Groundwater’’ means water located under (jj) ‘‘Outstanding natural resource water’’
the surface of the land that is or can be the source means any of the surface waters or surface water
of supply for wells, springs, or seeps, or that is held segments of exceptional recreational or ecological
in aquifers or the soil profile. significance identified in the surface water regis-
(z) ‘‘Implementation policies’’ means written ter, as defined in K.A.R. 28-16-28b(uu), and af-
departmental policies and procedures used for forded the highest level of water quality protec-
carrying out specific provisions of the surface wa- tion under the antidegradation provisions of
ter quality standards. K.A.R. 28-16-28c(a) and the mixing zone provi-
(aa) ‘‘Maximum contaminant level’’ means any sions of K.A.R. 28-16-28c(b).
of the enforceable standards for finished drinking (kk) ‘‘pH’’ means the common logarithm of the
water quality promulgated by the United States reciprocal of the hydrogen ion concentration
environmental protection agency pursuant to sec- measured in moles per liter. pH is expressed on a
tion 300g-1(b)(3) of the federal safe drinking wa- scale that ranges from 0 to 14, with values less

186
 WATER POLLUTION CONTROL 28-16-28b

than 7 being more acidic and values greater than (ss) ‘‘Seven-day, ten-year low flow (7Q10
7 being more alkaline. flow)’’ means the seven-day average low flow hav-
(ll) ‘‘Picocurie per liter (pCi/L)’’ means a vol- ing a recurrence frequency of once in ten years,
umetric unit of radioactivity equal to 2.22 nuclear as statistically determined from historical flow
transformations per minute per liter. data. Where used in this regulation in the context
(mm) ‘‘Point source’’ means any discernible, of mixing zones, the term refers to a minimum
confined, and discrete conveyance including, but stream flow occurring immediately upstream of a
not limited to, any pipe, ditch, channel, tunnel, wastewater discharge and available, in whole or in
conduit, well, discrete fissure, container, rolling part, for effluent dilution purposes.
stock, concentrated animal feeding operation, or (tt) ‘‘Site-specific criterion’’ means any crite-
floating craft, from which pollutants are or may be rion applicable to a given classified surface water
discharged. This term includes structures or site segment and developed for the protection of the
conditions which act to collect and convey storm- designated uses of that segment alone.
water runoff from roadways, urban areas or in- (uu) ‘‘Surface water register’’ means a list of
dustrial sites. It does not include agricultural the state’s major classified surface waters, surface
stormwater discharges or return flows from irri- water use designations, and outstanding natural
gated agricultural land. resource waters periodically updated and pub-
(nn) ‘‘Pollution’’ means: lished by the department pursuant to the require-
(1) contamination or other alteration of the ments of K.A.R. 28-16-28d(c)(2) and K.A.R. 28-
physical, chemical, or biological properties of the 16-28f(a).
surface waters of the state, including, but not lim- (vv) ‘‘Surface water segment’’ means a deline-
ited to, changes in temperature, taste, odor, tur- ated portion of a stream, lake or wetland.
bidity or color of the waters, or discharges of gas- (ww) ‘‘Surface waters’’ means all:
eous, liquid, solid, radioactive, microbiological, or (1) streams, including rivers, creeks, brooks,
other substances into surface waters in a manner sloughs, draws, arroyos, canals, springs, seeps and
which may create a nuisance or render such wa-
cavern streams, and any alluvial aquifers associ-
ters harmful, detrimental or injurious to public
ated with these surface waters;
health, safety or welfare, or to domestic, indus-
(2) lakes, including oxbow lakes and other nat-
trial, agricultural, recreational or other beneficial
ural lakes and man-made reservoirs, lakes and
uses, or to livestock, domestic animals, or native
ponds; and
or naturalized plant or animal life; or
(2) any discharge that will or is likely to exceed (3) wetlands, including water bodies meeting
state effluent standards predicated upon techno- the technical definition for jurisdictional wetlands
logically-based effluent limitations. given in the ‘‘Federal Manual for Identifying and
(oo) ‘‘Potable water’’ means water that is suit- Delineating Jurisdictional Wetlands,’’ as pub-
able for drinking and cooking purposes in terms lished on January 10, 1989 by the federal intera-
of both human health and aesthetic considera- gency committee for wetland delineation and
tions. hereby adopted by reference.
(pp) ‘‘Precipitation runoff’’ means the rain- (xx) ‘‘Surface waters of the state’’ means all sur-
water, or the meltwater derived from snow, hail, face waters occurring within the borders of the
sleet or other forms of atmospheric precipitation, state of Kansas or forming a part of the border
that flows by gravity over the surface of the land between Kansas and one of the adjoining states.
and into streams, lakes or wetlands. (yy) ‘‘Teratogenic’’ means having the property
(qq) ‘‘Presedimentation sludge’’ means a slurry of causing abnormalities that originate from im-
or suspension of residual solid materials derived pairment of an event that is typical in embryonic
from an initial step in the production of potable or fetal development.
water. The solid materials include sand, silt and (zz) ‘‘Toxic substance’’ means any substance
other easily settleable particles originating from that produces deleterious physiological effects in
the raw water supply. humans, animals or plants.
(rr) ‘‘Private surface water’’ means any lake or (aaa) ‘‘Turbidity’’ means the cloudiness of wa-
wetland that is both located on and completely ter as measured by optical methods (nephelome-
bordered by land under common private owner- try) and expressed in standard nephelometric
ship. units.

187
28-16-28c KANSAS DEPT. OF HEALTH AND ENVIRONMENT

(bbb) ‘‘Use attainability analysis’’ means any surface water quality, the existing and designated
study conducted or accepted by the department uses shall be fully protected and the highest stat-
that is designed to determine whether a surface utory and regulatory requirements for all point
water or surface water segment supports, or is ca- sources of pollution and all cost effective and rea-
pable of supporting in the absence of artificial sonable best management practices for nonpoint
sources of pollution, one or more of the desig- sources of pollution shall be achieved.
nated uses defined in K.A.R. 28-16-28d(a). (3) Existing water quality shall not be lowered
(ccc) ‘‘Variance’’ means the department’s writ- by artificial sources of pollution in any outstanding
ten approval and permitting of a proposed action natural resource water designated in accordance
that knowingly will result in a lack of conformity with K.A.R. 28-16-28d(c).
with one or more of the criteria of K.A.R. 28-16- (4) No degradation of surface water quality by
28e(c) but that is deemed necessary based on re- artificial sources of pollution shall be allowed that
gional socioeconomic hardship considerations. would result in harmful effects on populations of
(ddd) ‘‘Water-effect ratio (WER)’’ means the any threatened or endangered species of aquatic
numerical toxicity (median lethal concentration or or semi-aquatic life or terrestrial wildlife in a crit-
no-observed-effect level) of a chemical pollutant ical habitat as defined in the federal endangered
diluted in water from a given stream, lake or wet- species act, 16 U.S.C. 1531 et seq., as amended
land divided by the numerical toxicity of the same on October 7, 1988, or in K.S.A. 1992 Supp. 32-
pollutant diluted in laboratory water. 960 and K.A.R. 115-15-3.
(eee) ‘‘Water quality certification’’ means the (5) Temporary sources of pollution complying
department’s written finding that a proposed ac- with the provisions of K.A.R. 28-16-28c(d) and
tion that impacts upon water quality will comply K.A.R. 28-16-28e(b), and producing only ephem-
with the terms and conditions of the surface water eral surface water quality degradation not harmful
quality standards. to existing or designated uses, may be allowed by
(fff) ‘‘Whole-effluent toxicity limitation’’ means the department.
any restriction imposed by the department on the (6) Implementation of these antidegradation
overall acute or chronic toxicity of an effluent dis- provisions for thermal discharges shall be consis-
charged into a surface water. tent with the requirements of the federal clean
(ggg) ‘‘Zone of initial dilution’’ means the re- water act.
gion of a surface water in the immediate vicinity (b) Mixing zones.
of a discharge which comprises, in terms of vol- (1) General limitations. Mixing zones shall not
ume, no more than ten percent of the mixing extend across public drinking water intakes or
zone. (Authorized by K.S.A. 65-171d; implement- swimming or boat ramp areas, nor exist in loca-
ing K.S.A. 65-165 and K.S.A. 65-171d; effective tions that will preclude the normal upstream or
May 1, 1986; amended Aug. 29, 1994.) downstream movement or migration of aquatic
organisms. Mixing zones associated with separate
28-16-28c. General provisions. (a) Anti- discharges shall not overlap unless it is demon-
degradation. strated, to the department’s satisfaction, that the
(1) Levels of water quality necessary to protect overlapping will not result in a violation of any of
existing and designated uses shall be maintained the general water quality criteria set forth in
in surface waters of the state. K.A.R. 28-16-28e(b) or in an impairment of any
(2) If existing surface water quality is better of the existing or designated uses of the receiving
than applicable water quality criteria established surface water.
in these regulations, water quality shall not be (2) Discharges into classified streams.
lowered unless, after full satisfaction of the inter- (A) No mixing zone within a classified stream
governmental coordination and public participa- shall extend beyond the middle of the nearest
tion requirements of the Kansas implementation downstream current crossover point, where the
policies on antidegradation, the department has main current flows from one bank to the opposite
determined that a lowering of water quality is bank, or more than 300 meters downstream from
needed to provide for important social and eco- the point of effluent discharge.
nomic development in the geographical area in (B) If the ratio of receiving stream 7Q10 flow
which the waters are located. In those instances to discharge design flow is less than 3:1, the cross-
where the department permits the lowering of sectional area of the mixing zone shall not exceed

188
 WATER POLLUTION CONTROL 28-16-28c

the average cross-sectional area of the stream, as (5) Where site conditions preclude the rapid
measured immediately upstream of the discharge dispersion and dilution of effluent within the re-
during the 7Q10 flow. ceiving surface water or where, in the opinion of
(C) If the ratio of receiving stream 7Q10 flow the department, the presence of a mixing zone
to discharge design flow is equal to or greater than would unduly jeopardize human health or any of
3:1, the cross-sectional area of the mixing zone the existing or designated uses of the receiving
shall not exceed the following percentage of the surface water, the department shall reserve the
average cross-sectional area of the stream, as right to prohibit the use of mixing zones or to
measured immediately upstream of the discharge place more stringent limitations on mixing zones
during the 7Q10 flow: than those stipulated in K.A.R. 28-16-28c(b)(2)
(i) 25 percent of the average cross-sectional and (3).
area for any stream designated as an outstanding (c) Special conditions. The following special
natural resource water or special aquatic life use conditions shall not remove the obligation to de-
water pursuant to K.A.R. 28-16-28d(c); sign, build, or use the required or recommended
(ii) 50 percent of the average cross-sectional pollution control structures or methods to control
area for any stream designated as an expected point and nonpoint sources of pollution as defined
aquatic life use water pursuant to K.A.R. 28-16- in K.A.R. 28-16-28b(hh) and (mm).
28d(c); or (1) Low flow. Classified streams may be ex-
(iii) 100 percent of the average cross-sectional cluded by the department from the application of
area for any stream designated as a restricted some or all of the requirements of K.A.R. 28-16-
aquatic life use water pursuant to K.A.R. 28-16- 28e(c) when stream flow is less than the 7Q10
28d(c). flow or the assumed 7Q10 flow as described in
(D) In the calculation of the mixing zone cross- K.A.R. 28-16-28c(b)(2)(D).
sectional area in K.A.R. 28-16-28c(b)(2)(B) and (2) High flow. Classified streams may be ex-
(C), an assumed 7Q10 flow of 0.003 cubic meters cluded by the department from the application of
per second shall be applied to any outstanding the numerical criteria for fecal coliform bacteria
natural resource water or special aquatic life use in K.A.R. 28-16-28e(c) when stream flow exceeds
water whose actual 7Q10 flow is less than 0.003 50% of the estimated two-year flood flow.
cubic meters per second; an assumed 7Q10 flow (3) Effluent-created flow. For any classified
of 0.03 cubic meters per second shall be applied stream segment in which continuous flow is sus-
to any expected aquatic life use water or restricted tained primarily through the discharge of treated
aquatic life use water whose actual 7Q10 flow is effluent, and in which all designated uses are oth-
less than 0.03 cubic meters per second. erwise unattainable due to low or nonexisting
(3) Discharges into classified lakes. Mixing flow, the discharger shall not be required to pro-
zones shall be prohibited by the department from vide treatment beyond that treatment required in
extending into any lake designated as an outstand- K.A.R. 28-16-28c(d)(1) unless such discharge
ing natural resource water or special aquatic life would otherwise result in violations of one or
use water pursuant to K.A.R. 28-16-28d(c). Mix- more of the general surface water quality criteria
ing zones in lakes designated as expected aquatic listed in K.A.R. 28-16-28e(b) or in an impairment
life use waters may be allowed by the department of any of the existing or designated uses of a down-
provided they do not extend farther than 50 me- stream classified surface water segment.
ters from the point of effluent discharge or com- (d) Treatment requirements.
prise more than one percent of the total volume (1) All effluent shall receive appropriate mini-
of the receiving lake as measured at conservation mum levels of treatment as required by the fed-
pool. eral clean water act.
(4) Discharges into classified wetlands. Mixing (2) Effluent shall receive a higher level of treat-
zones shall be prohibited by the department from ment than that stipulated in K.A.R. 28-16-
extending into any classified lacustrine or palus- 28c(d)(1), (3), or (4) if the department determines
trine wetland as defined in the United States fish that this higher level of treatment is needed to
and wildlife service’s ‘‘Classification of Wetlands fully comply with the terms and conditions of
and Deepwater Habitats of the United States,’’ as K.A.R. 28-16-28c(a) or K.A.R. 28-16-28e.
published in December 1979 and hereby adopted (3) Waste stabilization ponds providing at least
by reference. 120 days detention and with at least three cells,

189
28-16-28d KANSAS DEPT. OF HEALTH AND ENVIRONMENT

and treating domestic sewage, and meeting ‘‘Min- (B) ‘‘Expected aquatic life use waters’’ means
imum Standards of Design’’ as published by the surface waters containing habitat types and indig-
department on August 17, 1978 and hereby enous biota commonly found or expected in the
adopted by reference, shall be deemed to provide state.
acceptable levels of disinfection and ammonia re- (C) ‘‘Restricted aquatic life use waters’’ means
moval. surface waters containing indigenous biota limited
(4) Wastewater effluent shall be disinfected if in abundance or diversity by the physical quality
it is determined by the department that the dis- of the habitat compared to more suitable habitats
charge of nondisinfected wastewater will cause a in adjacent waters. Habitat availability and habitat
threat to public health. Situations which constitute diversity in restricted aquatic life use waters are
a threat to public health shall include but not be severely limited due to natural deficiencies or ar-
limited to instances in which a water body is tificial modifications.
known or likely to be used for: (3) ‘‘Domestic water supply use’’ means the
(A) contact or noncontact recreation; or use of surface water, after appropriate treatment,
(B) domestic water supply. for the production of potable water.
(e) Analytical testing. All methods of sample (4) ‘‘Food procurement use’’ means the use of
collection, preservation, and analysis used in ap- surface water for the obtaining of edible forms of
plying any of these rules and regulations shall be aquatic or semi-aquatic life for human consump-
in accordance with those methods prescribed by tion.
the department. (5) ‘‘Groundwater recharge use’’ means the use
(f) Application of standards to privately-owned of surface water for the replenishing of fresh or
surface waters. The application of water quality usable groundwater resources. This use may in-
standards to privately owned water bodies shall be volve the infiltration and percolation of surface
subject to the provisions of K.S.A. 65-171d. (Au- water through sediments and soils or the direct
thorized by K.S.A. 65-171d; implementing K.S.A. injection of surface water into underground aq-
65-165 and 65-171d; effective May 1, 1986; uifers.
amended, T-87-8, May 1, 1986; amended May 1, (6) ‘‘Industrial water supply use’’ means the
1987; amended Aug. 29, 1994.) use of surface water for non-potable purposes by
28-16-28d. Surface water use designa- industry, including withdrawals for cooling or pro-
tion and classification. (a) Designated uses of cess water.
surface waters are defined as follows. (7) ‘‘Recreational use’’ means the use of sur-
(1) ‘‘Agricultural water supply use’’ means the face water for contact or noncontact recreation.
use of surface water for agricultural purposes in- (A) ‘‘Contact recreational use’’ means recrea-
cluding: tion where the body is immersed in surface water
(A) ‘‘Irrigation,’’ which means the withdrawal to the extent that some inadvertent ingestion of
of surface water for application onto land; and water is probable. This use includes, but is not
(B) ‘‘Livestock watering,’’ which means the limited to, swimming, skin diving, water skiing,
provision of surface water to livestock for con- and wind surfing.
sumption. (B) ‘‘Noncontact recreational use’’ means rec-
(2) ‘‘Aquatic life support use’’ means the use of reation where ingestion of surface water is not
surface water for the maintenance of the ecolog- probable. This use includes, but is not limited to,
ical integrity of streams, lakes and wetlands, in- wading, boating, fishing, trapping, mussel har-
cluding the sustained growth and propagation of vesting, and hunting.
native aquatic life, indigenous or migratory semi- (b) Surface water classification. Surface waters
aquatic life, or terrestrial wildlife directly or in- shall be classified as follows:
directly dependent on surface water for survival. (1) Classified streams shall include all streams
(A) ‘‘Special aquatic life use waters’’ means sur- with mean summer base flows exceeding 0.003
face waters that contain combinations of habitat cubic meters per second. Regardless of flow, a
types and indigenous biota not found commonly stream shall be classified if studies conducted or
in the state, or surface waters that contain repre- accepted by the department show that pooling of
sentative populations of threatened or endan- water during periods of zero flow provides im-
gered species. portant refuges for aquatic life and permits bio-

190
 WATER POLLUTION CONTROL 28-16-28e

logical recolonization of intermittently flowing 28-16-28e. Surface water quality crite-

segments. ria. (a) Criteria development guidance. The de-
(2) Classified lakes shall be all lakes owned by velopment of surface water quality criteria for
federal, state, county or municipal authorities and substances not listed in these standards shall be
all privately owned lakes that serve as public guided by water quality criteria published by the
drinking water supplies or that are open to the United States environmental protection agency.
general public for contact or noncontact recrea- When the department finds that the criteria listed
tion. herein are underprotective or overprotective for
(3) Classified wetlands shall be all wetlands a given surface water segment, the department
owned by federal, state, county, or municipal au- may, in accordance with K.A.R. 28-16-28f(f), de-
thorities, exclusive of artificial wetlands created velop and apply appropriate site-specific criteria
for the purpose of wastewater treatment, all pri- using bioassessment methods or other related sci-
vately owned wetlands open to the general public entific procedures, including those procedures
for hunting, trapping or other forms of noncontact described in the United States environmental pro-
recreation, and all wetlands designated as out- tection agency’s ‘‘Water Quality Standards Hand-
standing natural resource waters or special aquatic book,’’ second edition, as published in September
life use waters pursuant to K.A.R. 28-16-28d(c). 1993.
(c) Assignment of uses to surface waters. (b) General criteria for surface waters. The fol-
(1) At a minimum, all classified surface waters lowing criteria shall apply to all surface waters,
shall be designated for the noncontact recrea- regardless of classification.
tional use and one of the three categories of (1) Surface waters shall be free, at all times,
aquatic life support use described in K.A.R. 28- from the harmful effects of substances that orig-
16-28d(a)(2). Classified surface waters shall be inate from artificial sources of pollution and that
designated for uses based upon the results of use produce any public health hazard, nuisance con-
attainability analyses conducted or accepted by dition, or impairment of designated use.
the department. The provisions of the federal wa- (2) Hazardous materials derived from artificial
sources, including, but not limited to, toxic chem-
ter quality standards regulation, 40 CFR 131.10,
icals, radioactive isotopes, and infectious micro-
as in effect on July 1, 1993, shall be followed and
organisms derived directly or indirectly from
are hereby adopted by reference.
point or nonpoint sources, shall not occur in sur-
(2) A register of surface water use designations face waters at concentrations or in combinations
and outstanding natural resource waters shall be that jeopardize the public health or the survival or
maintained by the department. This register shall well-being of livestock, domestic animals, terres-
identify the designated uses of all major classified trial wildlife, or aquatic or semi-aquatic life.
streams and lakes and list those streams, lakes and (3) Surface waters shall be free of all discarded
wetlands designated by the department as out- solid materials, including trash, garbage, rubbish,
standing natural resource waters, special aquatic offal, grass clippings, discarded building or con-
life use waters, or restricted aquatic life use wa- struction materials, car bodies, tires, wire, or other
ters. In the application of the current regulations, unwanted or discarded materials. The placement
surface water use designations and outstanding of stone and concrete rubble for bank stabilization
natural resource waters shall be those identified shall be acceptable if authorized in advance by the
in the ‘‘Kansas Surface Water Register,’’ as pub- department.
lished by the department on June 20, 1994 and (4) Surface waters shall be free of floating de-
hereby adopted by reference. bris, scum, foam, froth, or other floating materials
(3) Beneficial use designations for classified directly or indirectly attributable to artificial
streams, lakes and wetlands not listed in the sur- sources of pollution.
face water register shall be determined by the de- (5) Oil and grease from artificial sources shall
partment on a case-by-case basis in accordance not cause visible films to form upon the surface
with the requirements of K.A.R. 28-16-28d(c)(1). of the water or upon submerged substrate or ad-
(Authorized by K.S.A. 65-171d; implementing joining shorelines, nor shall these materials cause
K.S.A. 65-165 and 65-171d; effective May 1, 1986; a sludge or emulsion to be deposited beneath the
amended, T-87-8, May 1, 1986; amended May 1, surface of the water or upon the adjoining shore-
1987; amended Aug. 29, 1994.) lines.

191
28-16-28e KANSAS DEPT. OF HEALTH AND ENVIRONMENT

(6) Surface waters shall be free of deposits of (i) Except as provided in K.A.R. 28-16-28e(c)
sludge or fine solids attributable to artificial (2) (E) (ii), a discharge shall not elevate the tem-
sources of pollution. perature of a receiving surface water beyond the
(7) Taste and odor-producing substances of ar- zone of initial dilution above 327C. Heat of arti-
tificial origin shall not occur in surface waters at ficial origin shall not be added to a surface water
concentrations that interfere with the production in excess of the amount that will raise the tem-
of potable water by conventional water treatment perature of the water beyond the mixing zone
processes, or impart unpalatable flavor to edible more than 37C above natural conditions. The nor-
aquatic or semi-aquatic life or terrestrial wildlife, mal daily and seasonal temperature variations oc-
or result in noticeable odors in the vicinity of sur- curring within a surface water before the addition
face waters. of heat of artificial origin shall be maintained.
(8) The natural appearance of surface waters (ii) Temperature criteria applicable to indus-
shall not be altered by the addition of color-pro- trial cooling water recycling reservoirs that meet
ducing or turbidity-producing substances of arti- the requirements for classification presented in
ficial origin. K.A.R. 28-16-28d(b) (2) shall be established by
(c) Criteria for designated uses of surface wa- the department on a case-by-case basis.
ters. The following critieria shall apply to all clas- (F) Toxic substances.
sified surface waters designated for the indicated (i) Conditions of acute toxicity shall not occur
beneficial uses. in classified surface waters outside of zones of in-
(1) Agricultural water supply use. The water itial dilution, nor shall conditions of chronic tox-
quality criteria for irrigation and livestock water- icity occur in classified surface waters outside of
ing set forth in Table 1a of K.A.R. 28-16-28e(d) mixing zones.
shall not be exceeded outside of mixing zones due (ii) Acute criteria for the aquatic life support
to artificial sources of pollution. use given in tables 1a, 1b and 1c of K.A.R. 28-
(2) Aquatic life support use. 16-28e(d) shall apply beyond the edge of the zone
(A) Dissolved oxygen. The concentration of of initial dilution. Chronic criteria for the aquatic
dissolved oxygen in surface waters shall not be life support use given in tables 1a, 1b and 1c of
lowered below 5.0 mg/L by the influence of arti- K.A.R. 28-16-28e(d) shall apply beyond the edge
ficial sources of pollution. of the mixing zone.
(B) Nutrients. The introduction of plant nutri-
(iii) When a discharge contains a toxic sub-
ents into streams, lakes or wetlands from artificial
stance that lacks any published criteria for the
sources shall be controlled to prevent the accel-
aquatic life support use, or when a discharge con-
erated succession or replacement of aquatic biota
tains a complex mixture of toxic substances capa-
or the production of undesirable quantities or
ble of additive or synergistic interactions, bioas-
kinds of aquatic life.
(C) pH. Artificial sources of pollution shall not sessment methods and procedures shall be used
cause the pH of any surface water outside of a by the department to establish whole-effluent tox-
zone of initial dilution to be below 6.5 nor above icity limitations which are consistent with para-
8.5. graph (2) (f) (i) of this subsection.
(D) Suspended solids. Suspended solids added (3) Domestic water supply use.
to surface waters by artificial sources shall not in- (A) Except as provided in K.A.R. 28-16-28e(c)
terfere with the behavior, reproduction, physical (3) (B), criteria listed in Table 1a of K.A.R. 28-16-
habitat, or other factors related to the survival and 28e(d) for domestic water supply use shall not be
propagation of aquatic or semi-aquatic life or ter- exceeded at any point of domestic water supply
restrial wildlife. In the application of this provi- diversion.
sion, suspended solids associated with discharges (B) Where surface water concentrations of
of presedimentation sludge from water treatment chloride or sulfate, or both, exceed the criteria
facilities shall be deemed noninjurious to aquatic listed in Table 1a of K.A.R. 28-16-28e(d) due to
and semi-aquatic life and terrestrial wildlife, pro- the naturally occurring intrusion of highly min-
vided that such discharges comply fully with the eralized groundwater, domestic water supply cri-
requirements of K.A.R. 28-16-28e(b) (6) and (8) teria for these ions shall be determined by the
and K.A.R. 26-16-28e(c) (2) (F). department on a case-by-case basis. Criteria de-
(E) Temperature. veloped by the department pursuant to this pro-

192
 WATER POLLUTION CONTROL 28-16-28e

vision shall be intended to prevent any further crease in the concentration of any chemical or
degradation in surface water quality. radiological contaminant or infectious microor-
(C) Any substance derived from an artificial ganism in groundwater resulting from surface wa-
source that, alone or in combination with other syn- ter infiltration or injection.
thetic or naturally occurring substances, causes (6) Industrial water supply use. Surface water
toxic, carcinogenic, teratogenic or mutagenic effects quality criteria for industrial water supplies shall
in humans shall be limited to non-harmful concen- be determined by the department on a case-by-
trations in surface waters. Unless site-specific water case basis.
quality conditions warrant the promulgation of (7) Recreational use.
more protective criteria under the provisions of (A) General. The introduction of plant nutri-
K.A.R. 28-16-28e(a) and K.A.R. 28-16-28f(f), max- ents into surface waters designated for contact or
imum contaminant levels for toxic, carcinogenic, noncontact recreational use shall be controlled to
teratogenic or mutagenic substances promulgated prevent the development of objectional concen-
by the United States environmental protection trations of algae or algal by-products or nuisance
agency pursuant to section 300g-1 of the federal growths of submersed, floating or emergent
safe drinking water act, 42 U.S.C. 300f to 300j-9, as aquatic vegetation.
amended on June 19, 1986, shall be deemed non- (B) Contact recreation. Artificial sources of
harmful by the department and adopted as domes- pollution shall not cause concentrations of fecal
tic water supply criteria.
coliform bacteria in surface waters designated for
(4) Food procurement use.
contact recreational use to exceed a geometric
(A) Criteria listed in Table 1a of K.A.R. 28-
mean of 200 organisms per 100 milliliters outside
16-28e(d) for food procurement use shall not be
of mixing zones. Calculation of the geometric
exceeded outside of a mixing zone due to any ar-
mean shall be based on the analysis of at least five
tificial source of pollution.
(B) Substances that can bioaccumulate in the consecutive samples collected during separate
tissues of edible aquatic or semi-aquatic life or 24-hour periods. No more than 10 percent of sam-
wildlife through bioconcentration or biomagnifi- ples taken during any 30-day period shall exceed
cation shall be limited in surface waters to con- 400 organisms per 100 milliliter sample. These
centrations that result in no harm to human con- criteria shall be in effect from April 1 through Oc-
sumers of these tissues. For bioaccumulative tober 31 of each year.
carcinogens, surface water concentrations corre- (C) Noncontact recreation. Artificial sources of
sponding to a cancer risk level of less than pollution shall not cause concentrations of fecal
0.000001 (10-6) in human consumers of aquatic or coliform bacteria in surface waters designated for
semi-aquatic life or wildlife shall be deemed noncontact recreational use to exceed 2,000 or-
non-harmful by the department and adopted as ganisms per 100 milliliters outside of mixing
food procurement criteria. Average rates of tissue zones. This criterion shall be in effect from Jan-
consumption and lifetime exposure shall be as- uary 1 through December 31 of each year.
sumed by the department in the estimation of the (8) Multiple uses. If a classified surface water
cancer risk level. or surface water segment is designated for more
(5) Groundwater recharge use. In surface wa- than one beneficial use pursuant to K.A.R. 28-
ters designated for the groundwater recharge use, 16-28d(c), the water quality of the surface water
water quality shall be such that, at a minimum, or surface water segment shall comply with the
degradation of groundwater quality does not oc- most stringent of the applicable water quality cri-
cur. Degradation shall include any measurable in- teria.

193
28-16-28e KANSAS DEPARTMENT OF HEALTH AND ENVIRONMENT

(d) Tables.
1a. Numeric criteria.
USE CATEGORY
AQUATIC LIFE AGRICULTURE PUBLIC HEALTH
FOOD DOMESTIC
PARAMETER ACUTE CHRONIC LIVESTOCK IRRIGATION PROCUREMENT WATER SUPPLY

RADIONUCLIDES (pCi/L)
gross beta radioactivity a a a a a 50
gross alpha particles including ra-
dium-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 28,718 700

194
 WATER POLLUTION CONTROL 28-16-28e
USE CATEGORY
AQUATIC LIFE AGRICULTURE PUBLIC HEALTH
FOOD DOMESTIC
PARAMETER ACUTE CHRONIC LIVESTOCK IRRIGATION PROCUREMENT 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 2

195
28-16-28e KANSAS DEPARTMENT OF HEALTH AND ENVIRONMENT
USE CATEGORY
AQUATIC LIFE AGRICULTURE PUBLIC HEALTH
FOOD DOMESTIC
PARAMETER ACUTE CHRONIC LIVESTOCK IRRIGATION PROCUREMENT 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 Hydrocar-
bons, 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 a

196
 WATER POLLUTION CONTROL 28-16-28e
USE CATEGORY
AQUATIC LIFE AGRICULTURE PUBLIC HEALTH
FOOD DOMESTIC
PARAMETER ACUTE CHRONIC LIVESTOCK IRRIGATION PROCUREMENT 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 4

197
28-16-28e KANSAS DEPARTMENT OF HEALTH AND ENVIRONMENT
USE CATEGORY
AQUATIC LIFE AGRICULTURE PUBLIC HEALTH
FOOD DOMESTIC
PARAMETER ACUTE CHRONIC LIVESTOCK IRRIGATION PROCUREMENT 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]

198
 WATER POLLUTION CONTROL 28-16-28f

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 both, shall have no effect on the requirements of
water quality standards. (a) Review and revi- any unexpired discharge permit issued under
sion. At least once every three years, a public hear- K.S.A. 65-165, unless the discharge fails to meet
ing shall be held for the purpose of reviewing, and the requirements of the permit or the department
as appropriate, modifying the surface water qual- has reason to believe that continuation of the dis-
ity standards and the surface water register. charge will result in public health hazards or in
(b) Application of modified surface water qual- irreversible water use impairments.
ity standards. A modification to the surface water (c) Water quality certification. No action iden-
quality standards, the surface water register, or tified below shall be taken unless the department

199
28-16-29 KANSAS DEPARTMENT OF HEALTH AND ENVIRONMENT

has issued a water quality certification for the ac- specific criterion shall be issued by the depart-
tion: ment. The public notice shall include a descrip-
(1) any action requiring a federal license or tion of the affected surface water or surface water
permit to the federal clean water act; segment and the reasons for applying the pro-
(2) any action subject to the permitting provi- posed criterion. If the department determines
sions of K.S.A. 65-165; there is significant public interest, a public hear-
(3) any water development project subject to ing shall be held in the geographical vicinity of the
the provisions of K.S.A. 82a-325 et seq., as affected surface water or surface water segment.
amended; A public notice of the final site-specific criterion
(4) any solid waste processing or disposal sys- shall be published in the Kansas register.
tem subject to the permitting provisions of K.S.A. (g) Enforcement. Upon finding a violation of
65-3041 et seq.; the surface water quality standards, an investiga-
(5) any hazardous waste treatment, storage or tion to determine the cause of the violation shall
disposal facility subject to the permitting provi- be conducted by the department. If the depart-
sions of K.S.A. 65-3430 et seq.; and ment finds the violation to be caused by an arti-
(6) any action undertaken by any Kansas state ficial source of pollution, the person or persons
agency which, in the opinion of the department, responsible for the source of pollution shall be
has a potential water quality impact. required by the department to initiate corrective
(d) Compliance schedules. actions that fully restore the designated uses of
(1) Except as provided in K.A.R. 28-16- the affected surface water or surface water seg-
28f(d)(2), compliance schedules contained in any ment and provide for the return of the original
discharge permit or license issued by the depart- surface water quality conditions. Nothing in this
ment pursuant to the federal clean water act or regulation shall abridge the right of the depart-
K.S.A. 65-165 shall not extend more than three ment to proceed with enforcement actions as pro-
years beyond the date of permit issuance. vided in other Kansas statutes, or regulations, or
(2) Compliance schedules of up to five years both. (Authorized by K.S.A. 65-171d; implement-
total duration may be granted if it is demon- ing K.S.A. 65-165 and K.S.A. 65-171d; effective
strated, to the department’s satisfaction, that the May 1, 1986; amended Aug. 29, 1994.)
strict application of K.A.R. 28-16-28f(d)(1) is not
28-16-29. (Authorized by K.S.A. 1976
feasible due to construction scheduling con-
Supp. 65-4512; effective, E-77-43, Sept. 23, 1976;
straints or other technical limitations.
effective Feb. 15, 1977; revoked Sept. 28, 1992.)
(e) Variances. If, upon written application by
any person, the department finds that by reason 28-16-30. Requirements for water and
of substantial and widespread socioeconomic im- wastewater operator certification. (a) Each
pact the strict enforcement of the water quality operator who desires or is required to obtain a
criteria of K.A.R. 28-16-28e(c) is not feasible, the water supply system or wastewater treatment fa-
department may permit a variance. cility operator certificate shall meet the following
(1) The provisions of 40 CFR 131.10(g), as in requirements.
effect on July 1, 1993 and hereby adopted by ref- (b) Each applicant shall own, be employed by
erence, shall be considered by the department in or under contract to persons having a water supply
reviewing the need for a variance. system or wastewater treatment facility and shall
(2) In granting a variance the department may be engaged in the daily operation, maintenance,
set conditions and time limitations with the intent or both, of the system or facility.
that progress be made toward improvements in (c) Each applicant shall submit a completed
surface water quality. and approved application and the appropriate fee
(3) A variance shall be granted only after public to the department. The application shall be re-
notification and opportunity for public comment. ceived by the department at least two weeks be-
(4) No action that impacts upon water quality fore the test date. Late applications shall not be
shall be granted a variance from the terms and accepted for that test date.
conditions of K.A.R. 28-16-28e(b). (d) If an applicant willfully provides false infor-
(f) Site-specific criteria. Whenever the depart- mation on the application, the applicant shall not
ment proposes to use any site-specific criterion, a be accepted for examination and the fee shall not
public notice stating the intention to use a site- be returned. The applicant shall be notified of this

200
 WATER POLLUTION CONTROL 28-16-35

decision and shall not be allowed to take the ex- having a water supply system or wastewater treat-
amination for two years. (Authorized by and imple- ment facility, or both, at least 30 days prior to the
menting K.S.A. 65-4512; effective Sept. 28, 1992.) date of examination.
(c) The written examinations shall be graded
28-16-31. Eligibility for water and
by the department and the applicant shall be no-
wastewater operator certification. (a) Appli-
tified of the results. Examinations shall not be re-
cants for certification shall meet eligibility
turned to the applicant. Upon receiving a written
requirements as noted in the following table.
request, an analysis of the failed examination shall
CERTIFICATE be provided to the applicant. The analysis shall
CLASS POINTS EXPERIENCE
indicate areas in which the applicant needs further
Small System 0.5 None
I 13.0 1 year study. (Authorized by and implementing K.S.A.
II 14.0 1 year 65-4512; effective Sept. 28, 1992.)
III 16.0 2 years
IV 18.0 2 years 28-16-33. Operator responsible for the
operation and management of a water supply
(1) Point totals shall be determined using the system or wastewater treatment facility, or
following table. both. (a) When a new operator responsible for
EXPERIENCE OR EDUCATION POINTS the operation or management of a system or fa-
One year of operating experience 1.0 cility is hired, the employer shall, within 30 days,
One year of primary, secondary or postsecon- notify the department. The person named shall be
dary education completed 1.0
High school graduation (GED or equivalent) 12.0 designated as an operator in training (OIT). As
One full year of college (30 hours credit) 1.0 soon as possible after completing one full year of
Approved training (40 contact hours) 1.0 operation as an OIT, the operator shall take the
California State University correspondence appropriate certification examination. Upon fail-
courses (each volume) 1.0
Department correspondence course 0.5
ing the examination, the applicant shall make ad-
Approved semester courses (60 contact hours) 1.5 ditional preparation and take the examination
Approved two year environmental technology again at the next opportunity.
degree 6.0 (b) The OIT designation shall be renewed once
(2) Completion of an approved two year envi- if the operator demonstrates to the Department
ronmental technology degree provides the year of that he or she is attending training sessions, study-
experience requirement for taking a Class I ex- ing correspondence courses or otherwise prepar-
amination. ing to pass the operator certification examination.
(b) Minimum training requirements. An op- (Authorized by and implementing K.S.A. 65-4512;
erator who holds a certificate of competency shall effective Sept. 28, 1992.)
be required to meet minimum training require-
28-16-34. Issuance of certificate of com-
ments prior to certificate renewal. All Class I, II,
petency. Upon satisfactory fulfillment of the
III, and IV certified operators shall acquire at least
requirements as set forth in K.A.R. 28-16-30, and
ten hours of approved training every two years.
upon consideration of the recommendations of
Small system operators shall acquire ten hours of
the division training officer, a suitable certificate
approved training every four years. Operators who
shall be issued to the applicant. The certificate
conduct approved training for water supply sys-
shall designate the class or classes of either water
tem operators and wastewater treatment facility
supply systems or wastewater treatment facilities
operators may receive credit equal to the hours of
that the applicant is qualified to operate. The cer-
training provided. (Authorized by and imple-
tificate shall be good for two years from date of
menting K.S.A. 65-4512; effective Sept. 28, 1992.)
issuance. (Authorized by and implementing
28-16-32. Operator certification exami- K.S.A. 65-4512; effective Sept. 28, 1992.)
nations. (a) To be certified, each applicant shall
pass the appropriate written examination. 28-16-35. Operator certification fees.
(b) Examinations shall be given at least twice (a) Fees for certification shall be as follows:
each year at times and locations set by the de- OIT (one-year certificate) . . . . . . . . . . . . . . . . . . . . . . . No charge
OIT (renewal for one year). . . . . . . . . . . . . . . . . . . . . . $5.00
partment. Notice of examinations shall be sent to
Examination fee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $25.00
certified operators and communities or districts Two-year renewal for all classes except OIT . . . $20.00

201
28-16-36 KANSAS DEPARTMENT OF HEALTH AND ENVIRONMENT

Reinstatement of lapsed certificate up to one POPULATION

year after renewal date . . . . . . . . . . . . . . . . . . . . . . . . . . $35.00 CLASS SERVED
between one and two years after renewal Small Systems
date . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $45.00 Non-overflowing municipal
Water or wastewater correspondence course. . . $40.00 wastewater ponds All, no limit
Reciprocity fee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $35.00
Class I
(b) Fees from applicants who are ineligible to Any secondary facility less than 1,000
take the certification examination shall be re- or
Overflowing wastewater ponds All, no limit
turned. Fees from applicants who fail the exami-
Class II
nation shall not be returned. Fees for department Any secondary facility 1,001-5,000
sponsored training sessions shall be established by Class III
the department. (Authorized by and implement- Any secondary facility 5,001-25,000
ing K.S.A. 65-4512; effective Sept. 28, 1992.) or
Advanced or specialized facility less than 5,000
28-16-36. Classification of water supply Class IV
systems and wastewater treatment facilities. Any secondary facility over 25,000
(a) Each water supply system and wastewater or
treatment facility shall have an operator respon- Advanced or specialized facility over 5,000
sible for the operation and management of the (d) For purposes of this regulation, treatment
system or facility, or both, whose qualifications are of water supply systems shall include but not be
commensurate with the following: limited to the following processes: Iron and man-
SYSTEM OR OPERATOR ganese removal, softening, coagulation sedimen-
FACILITY CLASS CLASS tation and filtration, recarbonation, and addition
Small System Small System, I, II, of chemicals other than chlorine for improved wa-
III or IV ter quality.
I I, II, III or IV
II II, III or IV (e) For purposes of this regulation, ‘‘secondary
III III or IV facility,’’ shall be any department approved biolog-
IV IV ical treatment facility, including: waste stabilization
(b) Classification of water supply systems. ponds, trickling filter plants, rotating biological con-
tactor plants, and activated sludge plants.
POPULATION
CLASS SERVED (f) For purposes of this regulation advanced or
Small System specialized treatment shall include but not be lim-
Distribution system only All, no limit ited to the following processes: Chemical, biolog-
or ical, or physical treatment to provide additional
Chlorination only less than 501 nutrient removal beyond secondary treatment or
Class I effluent clarification. (Authorized by and imple-
Chlorination only 501 - 1,500 menting K.S.A. 65-4512; effective Sept. 28, 1992.)
or
Treatment less than 501 28-16-37 to 28-16-49. Reserved.
Class II
Chlorination only 1,501-5,000 STATE GRANTS TO MUNICIPALITIES
or FOR THE CONSTRUCTION OF WATER
Treatment 501-2,500 POLLUTION CONTROL PROJECTS BENEFITING
Class III FROM FEDERAL GRANTS
Chlorination only 5,001-20,000
or 28-16-50 to 28-16-54. (Authorized by
Treatment 2,501-10,000 K.S.A. 1971 Supp. 65-3305; effective, E-71-16,
Class IV April 1, 1971; effective Jan. 1, 1972; revoked May
Chlorination only over 20,000 10, 1996.)
or
Treatment over 10,000 28-16-55. Inspection of sewerage sys-
(c) Classification of commercial, industrial and tems during construction and prohibited con-
municipal wastewater treatment facilities is as fol- nections. This regulation pertains to the inspec-
lows: tion of all components of a sewerage system

202
 WATER POLLUTION CONTROL 28-16-56

during construction including, but not limited to, and insofar as practical, excludes infiltration of
treatment facilities, lift stations and force mains, storm, surface and ground water.
outfall sewers, interceptor sewers, main and lat- (K) Sewage. Sewage is any substance that con-
eral sewers and their extensions, manholes, clean- tains any of the waste products or excrementitious
outs, and building sewers. or other discharges from the bodies of human be-
I. Definitions: Where used in these regulations ings, animals, or chemical or other wastes from
the following terms shall be understood to have domestic, manufacturing or other forms of indus-
the meaning as given below in their corresponding try.
definitions regardless of any other meaning which (L) Shall. The word ‘‘shall’’ is a mandatory
may be implied by common or local usage. (A) term.
Areaways. An areaway is a sunken yard, patio, (M) Foundation drains. A foundation drain is
court, driveway or window well leading into a a pipe with open joints and/or porous material in-
basement or crawlspace for entrance, light or ven- stalled either outside exterior foundation walls or
tilation. inside and beneath a basement floor for the pur-
(B) Building. A building is a structure built, pose of preventing the build-up of water pressure
erected, or framed of component structural parts and water capillarity beneath the floor.
designed for the housing, shelter, enclosure, or II. Inspection of sewerage system construction:
support of persons, animals, equipment or prop- (A) Treatment facilities, mains and laterals. All
erty of any kind. sewerage construction projects shall have contin-
(C) Building drain. The building drain is that uous inspections by a qualified inspector during
part of the lowest piping of a drainage system active phases of sewerage construction to insure
which receives the discharge from soil, waste, and that they comply with plans and specifications ap-
other drainage pipes inside the walls of the build- proved by the Kansas state department of health
ing and conveys it to the building sewer beginning and to insure elimination of extraneous surface
three (3) feet outside the building wall. and groundwater. This shall include inspection of
(D) Building sewer. The building sewer is that all sewers and manholes before they are covered
part of the piping of a drainage system which ex- but after the sewers are bedded.
tends from the end of the building drain and (B) Building sewers. All building sewers shall
which receives the discharge of the building drain be constructed of materials which are approved
and conveys it to a public sanitary sewer, private by the state department of health for the construc-
sanitary sewer, individual sewage disposal system, tion of lateral sewers. Building sewers shall be left
or other point of disposal. uncovered until inspected. In case of saddle con-
(E) Crawlspace drain. A crawlspace drain is a nections, after the saddle hole has been made in
drain installed to collect drainage from the surface the receiving pipe, the pipe thoroughly cleaned
of any area that is entirely enclosed by foundation and all excavation and bracing has been com-
walls and beneath a building which area is not pleted for the encasement, the inspector shall see
covered by a concrete or other form of permanent the saddle installed and properly anchored.
surfacing. (C) Prohibited connections. No roof, areaway,
(F) Garage drain. A garage drain is a drain lo- garage, or foundation drain shall be connected
cated in a garage or, in case of a basement garage, with or flow into any building or sanitary sewer.
within ten (10) feet of garage area. III. Municipal regulations and fees. These reg-
(G) Inspector. An inspector shall be a consult- ulations do not affect the right of the municipality
ing engineer, municipal engineer, sewer district to adopt stricter regulations, connection fees, con-
engineer, county engineer, or his authorized rep- nection and use permits, and sewer service
resentative. charges. (Authorized by K.S.A. 65-171d; effective,
(H) Roof drain. A roof drain is a drain which is E-74-7, Nov. 26, 1973; effective May 1, 1975.)
installed to collect stormwater from building
roofs. 28-16-56. (Authorized by K.S.A. 1975
(I) Saddle. A saddle is a fitting attached to an Supp. 65-166a; effective, E-74-7, Nov. 26, 1973;
existing sanitary sewer to receive a building sewer effective, E-76-3, Jan. 1, 1975; effective May 1,
connection. 1975; amended, E-76-39, Aug. 1, 1975; amended
(J) Sanitary sewer (sewer). A sanitary sewer May 1, 1976; revoked, T-85-30, Nov. 14, 1984;
(sewer) shall mean a pipe which carries sewage revoked May 1, 1985.)

203
28-16-56a KANSAS DEPT. OF HEALTH AND ENVIRONMENT

28-16-56a. (Authorized by and imple- water for cooling or process water, and water
menting K.S.A. 65-166a; effective, T-85-30, Nov. treatment plants.
14, 1984; effective May 1, 1985; amended May 1, (f) ‘‘Point source’’ means any discernible, con-
1986; amended May 1, 1988; revoked Sept. 27, fined, and discrete conveyance from which pol-
1996.) lutants are or may be discharged, including any
pipe, ditch, channel, tunnel, conduit, well, dis-
28-16-56b. (Authorized by and imple-
crete fissure, container, rolling stock, confined an-
menting K.S.A. 1984 65-166a; effective, T-85-30,
imal feeding facility, landfill leachate collection
Nov. 14, 1984; effective May 1, 1985; revoked
system, or any vessel or other floating craft. This
Sept. 27, 1996.)
term shall not include return flows from irrigated
28-16-56c. Sewage permit fees; defini- agriculture or agricultural storm water runoff.
tions. For the purposes of K.A.R. 28-16-56d the (g) ‘‘Storm water discharge’’ means any dis-
following terms shall be defined as set out in this charge of storm water runoff from a point source.
regulation: This designation may include storm water runoff
(a) ‘‘Sewage’’ shall be defined as in K.S.A. 65- from a municipal, industrial or commercial facil-
164. ity, or from a construction site, or a discharge from
(b) ‘‘Domestic sewage’’ means sewage origi- any conveyance or system of conveyances used for
nating primarily from kitchen, bathroom and collecting and conveying storm water runoff or a
laundry sources, including waste from food prep- system of discharges from municipal separate
aration, dishwashing, garbage-grinding, toilets, storm sewers.
baths, showers and sinks. (h) ‘‘Cooling water discharge’’ means cooling
(c) ‘‘Municipal wastewater treatment facility’’ water discharged from any system in which there
means a facility serving a city, county, township, is no contact with process pollutants and where
sewer district, or other local governmental unit, or there is no measured chemical buildup.
a facility serving a state or federal agency, estab- (i) ‘‘Treated cooling water discharge’’ means
lishment, or institution, for the purpose of treating cooling water discharged from any system in
primarily domestic sewage by physical, chemical which there is no contact with process pollutants
or biological means or by a combination of those and where there is no measured chemical buildup
methods. other than chemicals added for biological or cor-
(d) ‘‘Commercial wastewater treatment facil- rosion control, or from evaporative losses.
ity’’ means a facility serving a commercial enter- (j) ‘‘Dewatering discharge’’ means a discharge
prise or group or a combination thereof, for the resulting from drainage or removal of water from
purposes of treating primarily domestic sewage by a lagoon, quarry, pit or any other holding device.
physical, chemical or biological means or by a Dewatering discharge shall not include any dis-
combination of those methods. ‘‘Commercial charge in which there is measured chemical
wastewater treatment facility’’ shall include any buildup or to which chemicals have been added
slaughter house with an average slaughter rate of for any purpose.
50 animals or less per week. (k) ‘‘Pretreatment permit’’ means a permit is-
(e) ‘‘Industrial wastewater treatment facility’’ sued to a source subject to pretreatment standards
means a facility serving a city, county, township, and which discharges to a municipal wastewater
sewer district, or other governmental unit; a state treatment facility not having an approved pre-
or federal agency, establishment, or institution; an treatment program.
industrial or commercial enterprise; or a group or (l) ‘‘General permit’’ means an NPDES ‘‘per-
combination thereof, for the purpose of treating mit’’ issued under K.A.R. 28-16-150 et seq.
primarily sewage or process-generated waste- (m) ‘‘Truck washing facility for animal wastes’’
water, other than domestic sewage, by physical, means a facility which exists solely for the purpose
chemical or biological means or by a combination of washing animal wastes from trucks or trailers.
of those methods. ‘‘Industrial wastewater treat- (n) ‘‘Confined feeding facility’’ means any lot,
ment facility’’ shall include any truck washing fa- pen, pool or pond which is:
cility except truck washing facilities for animal (1) used for the confined feeding of animals or
waste, municipally-owned electricity generating fowl for food, fur or pleasure purposes;
facilities, facilities using contaminated ground- (2) not normally used for raising crops; and

204
 WATER POLLUTION CONTROL 28-16-56d

(3) not used for growing vegetation for animal (2) Municipal stormwater sys-
food. tem.
100,0001 popula-
Confined feeding facilities on separate pieces of tion. $2,000 per year.
land without a contiguous ownership boundary
shall be classified as separate operations and each (3) Industrial wastewater $320/year/million gallons
treatment facility. per day permitted capac-
operation shall be assessed a fee under K.A.R. 28- ity and for any portion
16-56d. thereof.
(o) ‘‘Animal unit’’ means a unit of measure-
$320 minimum fee per
ment calculated by adding the following numbers: year.
(1) the number of beef cattle weighing more
(4) Cooling water discharge—
than 700 pounds multiplied by 1.0; surface disposal. $60 per year.
(2) plus the number of cattle weighing less
than 700 pounds multiplied by 0.5; (5) Treated cooling water $120/year/million gallons
discharge—surface disposal. per day permitted capac-
(3) plus the number of mature dairy cattle mul- ity and for any portion
tiplied by 1.4; thereof.
(4) plus the number of swine weighing more
than 55 pounds multiplied by 0.4; $120 minimum fee per
year.
(5) plus the number of sheep or lambs multi-
plied by 0.1; (6) Dewatering discharge. $60 per year.
(6) plus the number of horses multiplied by (7) Pretreatment permit. $320 per year.
2.0; (8) General permit. $60 per year.
(7) plus the number of turkeys multiplied by
0.018; (9) Industrial stormwater
discharge—general permit. $60 per year.
(8) plus the number of laying hens or broilers,
if the facility has continuous overflow watering, (10) Industrial stormwater dis-
multiplied by 0.01; charge—individual permit. $320 per year.
(9) plus the number of laying hens or broilers, (11) Confined feeding facility:
if the facility has a liquid manure system, multi- (A) Initial registration
plied by 0.033; and fee, regardless of
(10) plus the number of ducks multiplied by capacity $25 one-time fee.
0.2. (B) Permit fee:
However, each head of cattle will be counted as (i)animal unit capacity of
one full animal unit for the purpose of determin- 999 or less $25 per year.
ing the need for a federal permit. (ii) animal unit capacity of
(p) ‘‘Animal unit capacity’’ means the maxi- 1,000-4,999 $100 per year.
mum number of animal units which a confined (iii) animal unit capacity of
5,000-9,999 $200 per year.
feeding facility is designed to accommodate at any (iv) animal unit capacity of
one time. (Authorized by and implementing 10,000 or more $400 per year.
K.S.A. 1995 Supp. 65-166a; effective Sept. 27, (12) Truck washing facility for
1996.) animal wastes. $320 per year.
28-16-56d. Sewage permit fees; sched- (b)(1) Plans and specifications shall not be re-
ules. (a) Each applicant applying for a permit pur- viewed and processing and issuance of a permit
suant to K.S.A. 65-165, and each holder of a per- shall not take place until the required fee is paid.
mit issued pursuant to K.S.A. 65-165 and Fees shall be made payable to the ‘‘Kansas de-
amendments thereto, shall submit the appropriate partment of health and environment—water pol-
fee in accordance with the following schedule: lution control permit.’’
Schedule of Fees at Annual Rate (2) Fees paid in accordance with the above
Unit Rates and schedule, including fees paid for facilities which
Classification Minimum Rates are never built or which are abandoned, shall not
(1) Municipal or commercial $185/year/million gallons be refunded.
wastewater treatment facil- per day permitted capac- (3) Each applicant operating a facility in which
ity. ity and for any portion two or more of the wastewaters identified in the
thereof. above fee schedule are discharged shall pay the
$185 minimum fee per appropriate fee for each type of wastewater dis-
year.

205
28-16-57 KANSAS DEPT. OF HEALTH AND ENVIRONMENT

charged, even if only one permit has been issued 125.3(c)(2) as in effect on July 1, 1985. (Author-
for the facility. ized by K.S.A. 65-171d, as amended by L. 1986,
(4) Permit fees shall be based on the minimum Ch. 204, Sec. 3, Sec. 6 and L. 1986, Ch. 201, Sec.
rate or unit rate, whichever is greater. The full 22; implementing K.S.A. 65-171d as amended by
unit rate shall be applied to any portion of a unit. L. 1986, Ch. 204, Sec. 3, Sec. 6 and L. 1986, Ch.
The fee per unit shall not be prorated. 201, Sec. 22, effective May 1, 1987.)
(5) A permit fee shall be paid annually in ac-
cordance with the above schedule. 28-16-58. Definitions. (a) ‘‘Waters of the
(6) If ownership of the permitted facility state’’ means all streams and springs, and all bod-
changes during the term of a valid permit no ad- ies of surface and subsurface waters within the
ditional fee shall be required unless a change oc- boundaries of the state.
curs which results in a new or expanded facility or (b) ‘‘Application’’ means the properly executed
operation. documents as furnished by the division, and any
(7) If a change occurs during the term of a valid additional required documents, that are necessary
permit which results in an expanded capacity of for obtaining a permit.
the facility or operation, a new application shall be (c) ‘‘EPA’’ means the United States environ-
required. Upon approval, the existing permit shall mental protection agency.
be amended and shall continue in effect for the (d) ‘‘Administrator’’ means the administrator of
remainder of its original term, unless revoked. the United States environmental protection
The additional fee shall be based only on the dif- agency.
ference between the original permitted capacity (e) ‘‘Regional administrator’’ means the re-
and the expanded capacity. The new annual fee gional administrator for region VII of the United
for the expanded facility shall be based on the unit States environmental protection agency.
rate at the expanded capacity or the minimum (f) ‘‘Director’’ means the director of the division
rate, whichever is greater, for the remainder of of environment, Kansas department of health and
the term of the permit. (Authorized by and im- environment.
plementing K.S.A. 1995 Supp. 65-166a; effective (g) ‘‘Secretary’’ means the executive secretary
Sept. 27, 1996.) of the Kansas department of health and environ-
28-16-57. Procedures relating to dis- ment.
charge of wastewaters. These regulations are (h) ‘‘Department’’ means the Kansas depart-
intended to comply with state statutes relative to ment of health and environment (KDHE).
water pollution control discharge permits and to (i) ‘‘Division’’ means the division of environ-
comply with all requirements of the federal water ment, Kansas department of health and environ-
pollution control act, 33 U.S.C. Section 1251 et ment.
seq. concerning the national pollutant discharge (j) ‘‘National pollutant discharge elimination
elimination system and federal regulations system (NPDES)’’ means the national system for
adopted pursuant thereto. (Authorized by K.S.A. the issuance of permits under 42 U.S.C. Section
65-171d, as amended by L. 1986, Ch. 204, Sec. 3, 1342 and includes any state or interstate program
Sec. 6 and L. 1986, Ch. 201, Sec. 22; implement- which has been approved by the administrator, in
ing K.S.A. 65-165, 65-166; effective, E-74-32, whole or in part, pursuant to 42 U.S.C. Section
June 14, 1974; effective May 1, 1975; amended 1342.
May 1, 1987.) (k) ‘‘Refuse act application’’ means an applica-
28-16-57a. Effluent standards. (a) Incor- tion for a permit under 33 U.S.C. Section 407 et
poration. 40 C.F.R. Parts 133, 405 through 436, seq.
439, 440, 443, 446, 447, 454, 455, 457 through (l) The definitions of the following terms con-
461, 463, 465, and 469, as in effect on July 1, 1985, tained in 42 U.S.C. Section 1362 shall be appli-
are adopted by reference. cable to such terms as used in this part unless the
(b) To the extent that the above effluent limi- context otherwise requires: ‘‘state,’’ ‘‘municipal-
tations are inapplicable, the limitations shall be set ity,’’ ‘‘person,’’ ‘‘pollutant,’’ ‘‘navigable waters,’’
on a case-by-case basis using the methodology de- ‘‘effluent limitations,’’ ‘‘discharge of a pollutant,’’
scribed in 40 CFR Sections 122.44(a) and ‘‘toxic pollutant,’’ ‘‘point source,’’ ‘‘biological mon-

206
 WATER POLLUTION CONTROL 28-16-60

itoring,’’ ‘‘discharge,’’ ‘‘schedule of compliance,’’ 1 through 28-16-7 and any additional information
‘‘industrial user,’’ and ‘‘pollution.’’ required by the director.
(m) ‘‘National data bank’’ means a facility or (d) Notification to and approval by the director
system established or to be established by the ad- is required prior to any of the following:
ministrator for the purposes of assembling, organ- (1) The connection of an industrial waste dis-
izing, and analyzing data pertaining to water qual- charge to a municipal system or the addition of a
ity and the discharge of pollutants. new process or product by an existing industrial
(n) ‘‘Water quality standards’’ means all water facility;
quality standards as provided in K.A.R. 28-16-28b (2) A significant change in disposal method, in-
through 28-16-28f, to which a discharge is subject. cluding change from a land disposal to direct dis-
(o) ‘‘Municipal system’’ means a system under charge to water, or a change in the method of
the jurisdiction of a city, county, township, district treatment which would significantly alter the
or other governmental unit. characteristics of the waste;
(p) ‘‘Minimum standards of design, construc- (3) A significant change in the disposal area or
tion, and maintenance’’ means effluent standards, point of discharge, including discharging into an-
effluent limitations, pretreatment requirements, other drainage area or into a different water body,
other performance standards and other standards or to a disposal area different from the existing
of design, construction and maintenance for approved area;
wastewater control facilities published by the de- (4) An increase in flow beyond that specified
partment, as ‘‘Minimum Standards of Design for in the issued permit or the application thereto; or
Water Pollution Control Facilities’’, 1978. (Au- (5) Other circumstances which result in a
thorized by K.S.A. 65-171d; as amended by L. change in character, amount or location of waste
discharge.
1986, Ch. 204, Sec. 3, Sec. 6 and L. 1986, Ch.
(e) The application shall be signed and certi-
201, Sec. 22; implementing K.S.A. 65-165, 65-
fied in accordance with the provisions of 40 CFR
166; effective, E-74-32, June 14, 1974; effective
Section 122.22 as in effect on July 1, 1985.
May 1, 1975; amended May 1, 1987.)
(f) A permit shall not be issued on the basis of
28-16-59. Filing of applications. (a) Each any application which the director has identified
person presently discharging or having a potential as incomplete or otherwise deficient until the di-
to discharge pollutants into any ‘‘waters of the rector receives sufficient information to correct
state’’ shall file one copy of the appropriate appli- any deficiency. (Authorized by K.S.A. 1995 Supp.
cation within 30 days of a written notification by 65-171d; implementing K.S.A. 65-165, 65-166; ef-
the division. fective, E-74-32, June 14, 1974; effective May 1,
(b) Each person proposing commencement of 1975; amended May 1, 1987; amended Sept. 27,
a discharge of pollutants after enactment of these 1996.)
regulations shall file a complete application: 28-16-60. Development of draft permit.
(1) no less than 180 days in advance of the date (a) The application and any other relevant facts
on which the person desires to commence the dis- shall be reviewed by the director to determine if:
charge of pollutants; or (1) A permit should be issued allowing the dis-
(2) in sufficient time prior to commencement charge;
of the discharge of pollutants to insure compliance (2) a permit should be issued providing for no
with the requirements of state or federal law. discharge; or
(c) Each application shall be considered to be (3) a permit should not be issued.
complete when the appropriate fee has been paid (b) If the issuance of a permit is deemed ad-
in accordance with K.A.R. 28-16-56c and 28-16- visable, the proposed permit conditions shall be
56d and when the applicant has filed: formulated by the director, including:
(1) A refuse act application and any additional (1) Effluent limitations;
information required by the director; or (2) Schedule of compliance including any nec-
(2) a complete application form, as prescribed essary interim dates;
for the type, category, or size of discharge, facility, (3) Special conditions; and
or activity, and plans, specifications and an engi- (4) A monitoring program if appropriate. (Au-
neering report in accordance with K.A.R. 28-16- thorized by K.S.A. 65-171d, as amended by L.

207
28-16-61 KANSAS DEPT. OF HEALTH AND ENVIRONMENT

1986, Ch. 204, Sec. 3, Sec. 6 and L. 1986, Ch. der K.A.R. 28-16-60 and when a hearing has been
201, Sec. 22; implementing K.S.A. 65-165, 65- scheduled under subsection (d) of this regulation.
166; effective, E-74-32, June 14, 1974; effective (A) A public notice shall not be required when
May 1, 1975; amended May 1, 1987.) a request for permit modification, revocation and
reissuance, or termination is denied under K.A.R.
28-16-61. Public notice of permit ac- 28-16-62. Written notification of that denial shall
tions, public comment period, and public be given both to the person who requests this
hearings. (a) Definitions. change and to the permittee.
(1) ‘‘Clean Water Act (CWA)’’ means the fed- (B) Public notices may describe more than one
eral water pollution control act, or federal pollu- permit or permit action.
tion control act amendments of 1972, P.L. 92-500, (C) Public notice of the preparation of a draft
as amended by P.L. 95-217, P.L. 95-576, P.L. permit shall allow at least 30 days for public com-
96-438, and P.L. 97-117; 33 U.S.C. 1251 et seq. ment.
(2) ‘‘Draft permit’’ means a document pre- (D) Public notice of a public hearing shall be
pared under K.A.R. 28-16-60 indicating the di- given at least 30 days before the hearing. Public
rector’s tentative decision to issue, reissue, deny, notice of the hearing may be combined with the
modify, revoke and reissue, or terminate a permit. public notice of the draft permit.
(3) ‘‘Facility or activity’’ means any NPDES (2) Methods.
point source as defined in K.A.R. 28-16-57a or any (A) Incorporation. 40 CFR sections 124.8 (a),
other facility or activity, including land or appur- (b)(1), (2), (4), (5), (6), (7), and (8); 124.10
tenances thereto, that is subject to regulation un- (c)(1)(i), (ii), (iii), (iv), (v), and (x); (c)(2)(i); (c)(3);
der K.A.R. 28-16-57. and (c)(4); and 124.56, as in effect on July 1, 1991,
(4) ‘‘General permit’’ means a permit are adopted by reference.
authorizing a category of discharges or activities (B) Each person who is on a mailing list main-
under the CWA within a geographical area. For tained by the department shall also be mailed a
NPDES, a general permit means a permit issued copy of the notice. The mailing list shall include:
under K.A.R. 28-16-150 to 154, inclusive. (i) each person who requests in writing to be
(5) ‘‘Indian tribe’’ means any indian tribe hav- placed on the list;
ing a federally recognized governing body carrying (ii) each person solicited for ‘‘area lists’’ from
out substantial governmental duties and powers participants in past permit proceedings in that
over a defined area. area; and
(6) ‘‘Major facilities’’ are those facilities which (iii) each person who responds to a notice, pub-
are on a mutually agreed list as determined by lished in the Kansas Register once a year, of the
EPA and the department. opportunity to be placed on the list. The mailing
(7) ‘‘Permit’’ means an authorization, license, list may be updated from time to time by a request
or equivalent control document issued by the di- from the director for a written indication of con-
rector to implement the requirements of K.A.R. tinued interest from those listed. The name of any
28-16-57. Permit does not include any document person who fails to respond to such a request may
which has not yet been the subject of final agency be deleted from the list.
action, such as a draft permit. (3) Contents.
(8) ‘‘Resource Conservation and Recovery Act (A) Public notice. Each public notice issued
(RCRA)’’ means the solid waste disposal act of under this regulation shall contain the following
1965, as amended in 1970, as amended by the minimum information:
resource conservation and recovery act of 1976, (i) the name and address of the office process-
P.L. 94-580, as amended by P.L. 95-609, P.L. ing the permit action for which notice is being
98-616, and P.L. 99-499; 42 U.S.C. 6901 et seq. given;
(9) ‘‘UIC’’ means the underground injection (ii) the name and address of the permittee or
control program under part C of the safe drinking the permit applicant, and if different, the name of
water act, 42 U.S.C. 300f et seq. the facility or activity regulated by the permit;
(b) Public Notice and Comment Period. (iii) a brief description of the business con-
(1) Scope and Timing. Public notice shall be ducted at the facility or the activity described in
given when a draft permit has been prepared un- the permit application;

208
 WATER POLLUTION CONTROL 28-16-62

(iv) the name, address, and telephone number ing K.S.A. 65-165, and K.S.A. 65-166; effective,
of a person from whom interested persons may E-74-32, June 14, 1974; effective May 1, 1975;
obtain further information, including copies of the amended May 1, 1987; amended Sept. 27, 1993.)
draft permit, fact sheet, and the application; and
(v) a brief description of the comment proce- 28-16-62. Terms and conditions of per-
dures established by subsections (c) and (d) of this mits. (a) Prohibitions. A permit shall not be is-
regulation and of the time and place of any hear- sued:
ing that will be held. The notice shall also include (1) By the director when the regional admin-
a statement of procedures to request a hearing, if istrator has objected to issuance of the permit un-
a hearing has not already been scheduled, and der 40 CFR Section 123.44, as in effect on July 1,
other procedures by which the public may partic- 1985;
ipate in the final permit decision. (2) when comments, if any, received from
(B) Public notices for hearings. In addition to neighboring states, indicate that such discharge
the general public notice described in paragraph will violate the water quality of such states. The
(3)(A) of this subsection, each public notice of a neighboring states shall be notified in advance,
hearing shall contain the following: pursuant to K.A.R. 28-16-61;
(i) reference to the date of any previous public (3) when, in the judgment of the secretary of
notices relating to the permit at issue; and the army, acting through the chief of engineers,
(ii) a brief description of the nature and pur- anchorage and navigation in or on any of the wa-
pose of the hearing, including the applicable rules ters of the United States would be substantially
and procedures. impaired by the discharge;
(C) In addition to the general public notice de- (4) for the discharge of any radiological, chem-
scribed in paragraph (3)(A) of this subsection, ical, or biological warfare agent or high level ra-
each person identified in 40 CFR 124.10(c)(1)(i), dioactive waste;
(ii), (iii), and (iv) shall be mailed a copy of the fact (5) for any discharge inconsistent with a plan
sheet, the permit application, if any, and the draft or plan amendment approved under 33 U.S.C.
permit, if any. Section 1288(b); or
(c) Public comments and request for public (6) to a new source or new discharger, if the
hearings. During the public comment period pro- discharge from its construction or operation will
vided under subsection (b) of this regulation, any cause or contribute to the violation of water qual-
interested person may submit written comments ity standards.
on the draft permit and may request a public hear- (b) Minimum standards of design, construction
ing, if no hearing has already been scheduled. A and maintenance for owners and operators of wa-
request for a public hearing shall be in writing and ter pollution control facilities. (1) Each owner or
shall state the nature of the issues proposed to be operator of a sewage system, industrial facility,
raised during the hearing. All comments shall be commercial establishment, or agricultural activity
considered in making the final decision and shall discharging or having a potential to discharge sew-
be answered as provided in subsection (e) of this age to waters of the state shall have approved wa-
regulation. ter pollution control facilities. In approving and
(d) Public hearings; incorporation. 40 CFR issuing permits to each existing or proposed facil-
section 124.12(a)(1) and (2), as in effect on July ity, the director shall insure that such facility con-
1, 1991, are adopted by reference. forms to published minimum standards of design,
(e) Response to comments. A response to com- construction, and maintenance. In approving and
ments shall be issued at the time that any final publishing minimum standards of design, con-
permit decision is issued. The response to com- struction and maintenance, the director shall in-
ments shall be available to the public and shall: sure that such standards are at least as stringent
(1) specify which provision, if any, of the draft as the requirements of 33 U.S.C. Sections 1311,
permit has been changed in the final permit de- 1312, 1316, 1317, 1318, and 1343.
cision, and the reasons for the change; and (2) Treatment over and above minimum stan-
(2) briefly describe and respond to all signifi- dards shall be required to comply with applicable
cant comments on the draft permit raised during water quality standards. When minimum stan-
the public comment period, or during any hear- dards do not provide compliance with the appli-
ings. (Authorized by K.S.A. 65-171d; implement- cable water quality standards, a waste-loading al-

209
28-16-62 KANSAS DEPT. OF HEALTH AND ENVIRONMENT

location shall be prepared to insure that the 165. Nothing in this regulation shall be construed
discharge authorized is consistent with the appli- to limit the applicability of civil or criminal pen-
cable water quality standards. alties as provided by law.
(3) Each permit shall also include a schedule (c) Other terms and conditions of permit.
of compliance for any facility which is not in full (1) Each permit for a publicly-owned treat-
compliance with minimum standards of design, ment facility shall contain a requirement that the
construction, and maintenance and other require- operating agency must notify the director of:
ments. If the discharger fails or refuses to comply (A) A sewer extension or other means whereby
with the specified schedule of compliance, the re- a new introduction of pollutants is discharged to
gional administrator shall be notified by the di- the treatment works; or
rector within 30 days of such failure or refusal. If (B) A change in the volume or character or pol-
a schedule of compliance exceeds nine months, lutants being introduced into such works by a
one or more interim reporting dates shall be re- source introducing pollutants into such works at
quired. No more than nine months shall elapse the time the permit was issued.
between interim dates contained in a schedule of (2) Each permit shall contain a requirement
compliance. that the operator of the publicly-owned treatment
(4) Upon request of the applicant or permittee, works insure that each industrial user:
a schedule of compliance may be modified by the (A) Pays a charge for the user’s fair share of the
director if good and valid cause exists for such operating and maintenance cost of treatment and
revision, and if within 30 days following receipt of a fair share of the federal grant portion of the cost
notice, the regional administrator does not object of construction of the treatment plant in accord-
in writing. ance with any applicable provisions of the act and
(5) No later than 14 days following each in- the federal grant agreement; and
terim date, the discharger shall be required to (B) Complies with applicable toxic and pre-
provide the director with a written notice of pro- treatment guidelines as contained in the mini-
gress toward compliance with interim or final per- mum standards of design, construction and main-
mit requirements. tenance.
(A) On the last day of the months of February, (3) Each permit shall contain a condition which
May, August, and November, a list of all instances, states that the discharge of any pollutant not iden-
as of 30 days prior to the date of the report, of tified and authorized by the permit or the dis-
failure or refusal of a permittee to comply with charge of any pollutant in a manner or quantity
interim or final requirements or to notify the di- which differs from that stated in the application is
rector of compliance or noncompliance with each prohibited.
interim or final requirement shall be transmitted (4) Each permit shall contain a condition that
to the regional administrator by the director. The the discharger shall maintain in good working or-
list shall be available to the public for inspection der and operate as efficiently as possible any fa-
and copying and shall contain at least the follow- cility or control system installed by the discharger
ing information with respect to each instance of to achieve compliance with the permit.
noncompliance: (d) Duration of permits. Each Permit shall be
(i) The name and address of each noncomply- issued for a fixed term not to exceed five years.
ing permittee; (e) Modification or revocation and reissuance
(ii) a short description of each instance of non- of permits. When the director receives any infor-
compliance; mation regarding a permittee, receives a request
(iii) a short description of any actions or pro- for modification or revocation and reissuance of a
posed actions by the permittee or the director to permit, or conducts a review of the permit file,
comply or enforce compliance with the interim or the director may determine whether or not one
final requirements; and or more of the causes listed in paragraphs (1) or
(iv) any details which tend to explain or miti- (2) of this subsection for modification or revoca-
gate an instance of noncompliance with an interim tion and reissuance or both exist. If cause exists,
or final requirement. the permit may be modified or revoked and reis-
(B) A permit may be revoked for failure to sued accordingly and an updated application may
comply with any provision of an applicable sched- be requested, if necessary. When a permit is mod-
ule of compliance in conformance with K.S.A. 65- ified, only the conditions subject to modification

210
 WATER POLLUTION CONTROL 28-16-62

are reopened. If a permit is revoked and reissued, (E) Compliance Schedules. Any permit may be
the entire permit is reopened and subject to re- modified if the director determines good cause
vision and the permit is reissued for a new term. exists for modification of a compliance schedule,
(1) Causes for modification. The following are including such causes as an act of God, a strike,
causes for modification of a permit. However, flood, or materials shortage or other events over
these causes should not be basis for revocation which the permittee has little or no control and
and reissuance of permits except when the per- for which there is no reasonable available remedy.
mittee requests or agrees to such an action. However, in no case may a compliance schedule
(A) Alterations. Material and substantial alter- be modified to extend beyond a statutory dead-
ations or additions to the permitted facility or ac- line.
tivity which occurred after permit issuance may (F) Any permit may be modified when the per-
be the basis for modification of a permit, if those mittee has filed a request for a variance under 33
alterations or additions justify application or per- U.S.C. Sections 301(c), 301(g), 301(h), 301(i),
mit conditions that are different or absent in the 301(k), or 316(a) or for ‘‘fundamentally different
existing permit. factors’’ within the time specified in 40 CFR Sec-
(B) Information. If the director has received tion 122.21 or 125.27(a), as in effect on July 1,
new information regarding a permittee’s facility or 1985.
activities, the permit may be modified during its (G) 33 U.S.C. Section 1317(a) toxics. Any per-
term only if the information received was not mit may be modified when required to incorpo-
available at the time of permit issuance and would rate an applicable 33 U.S.C. Section 1317(a) toxic
have justified the application of different permit effluent standard or prohibition.
conditions at the time of issuance. (H) Reopener. Any permit may be modified
(C) New regulations. If the standards or regu- when required by ‘‘reopener’’ conditions in a per-
lations upon which a permit was based have been mit that are established for toxic effluent limita-
changed by promulgation of amended standards tions or pretreatment programs.
or regulations after the permit was issued, the per- (I) Net Limits. (i) Incorporation. 40 CFR Sec-
mit may be modified during its term only when: tion 122.45(h), as in effect on July 1, 1985, is
(i) The permit condition requested to be mod- adopted by reference.
ified was based on a promulgated effluent limi- (ii) Any permit may be modified upon request
tations guideline, EPA-approved or promulgated of a permittee who qualifies for effluent limita-
water quality standards, or secondary treatment tions on a net basis under 40 CFR Section
regulations; 122.45(h), as in effect on July 1, 1985.
(ii) EPA has revised, withdrawn, or modified (iii) A permit may be modified when a dis-
that portion of the regulation or effluent limitation charge is no longer eligible for net limitations, as
guideline on which the permit condition was provided in 40 CFR Section 122.45(h), as in effect
based or has approved KDHE action with regard on July 1, 1985.
to a water quality standard on which the permit (J) Pretreatment. Any permit may be modified
condition was based; and as necessary under the compliance schedule for
(iii) a permittee requests modification in ac- development of a publicly-owned treatment
cordance with subsection (g) of this regulation works pretreatment program.
within 90 days after notice of action on which the (K) Failure to notify. A permit may be modi-
request is based. fied upon failure of the department to notify an-
(D) Judicial Decisions. Any permit may be other state whose waters may be affected by a dis-
modified if: charge from this state.
(i) a court of competent jurisdiction has re- (L) Non-limited pollutants. When the level of
manded and stayed EPA-promulgated regulations discharge of any pollutant which is not limited in
or effluent limitation guidelines; the permit exceeds the level which can be
(ii) the remand and stay concern that portion achieved by technology-based treatment require-
of the regulations or guidelines on which the per- ments appropriate to the permittee, the permit
mit condition was based; and may be modified.
(iii) a request is filed by the permittee in ac- (M) Notification Level.
cordance with subsection (g) of this regulation (i) Incorporation. 40 CFR Section 122.44(f), as
within 90 days of judicial remand. in effect on July 1, 1985, is adopted by reference.

211
28-16-62 KANSAS DEPT. OF HEALTH AND ENVIRONMENT

(ii) A permit may be modified to establish a can only be regulated to acceptable levels by per-
‘‘notification level’’ as provided in 40 CFR Section mit modification or termination; or
122.44(f), as in effect on July 1, 1985. (D) a change in any condition that requires ei-
(N) Compliance Schedule. A permit may be ther a temporary or a permanent reduction or
modified to change a schedule of compliance to elimination of any discharge controlled by the per-
reflect time lost during construction of an inno- mit.
vative or alternate facility. (2) The applicable procedures in subsection (g)
(O) When the permittee’s effluent limitations of this regulation shall be followed for termination
were imposed under 33 U.S.C. Section 1342(a)(1) of any permit.
and the permittee demonstrates operation and (g) Procedures for modifications, revocation
maintenance costs that are totally disproportion- and reissuance, or termination of permits.
ate from the operation and maintenance costs (1) Any permit may be modified, revoked and
considered in the development of a subsequently reissued, or terminated either at the request of
promulgated effluent limitations guideline, the any interested person, including the permittee, or
permit may be modified. However, the limitations upon the director’s initiative. All requests shall be
shall not be less stringent than the subsequent in writing and shall contain facts or reasons sup-
guideline. porting the request.
(P) Any permit may be modified to correct (2) If the director decides that the request is
technical mistakes, including errors in calculation not justified, the requester shall be provided with
or mistaken interpretations of law made in deter- a brief written response giving a reason for the
mining permit conditions. decision. Denial of requests for modification, rev-
(Q) When the discharger has installed the ocation and reissuance, or termination shall not
treatment technology considered by the permit be subject to public notice, comment, or hearings.
writer in setting effluent limitations imposed un- Denials by the director may be informally ap-
der 33 U.S.C. Section 1342(a)(1) and has properly pealed to the secretary by a letter briefly setting
operated and maintained the facilities but never- forth the relevant facts. The secretary may direct
theless has been unable to achieve those effluent the director to begin modification, revocation and
limitations, the permit may be modified. In this reissuance, or termination proceedings under par-
case, the limitations in the modified permit may agraph (3) of this subsection. The appeal shall be
reflect the level of pollutant control actually considered denied if the secretary takes no action
achieved, but shall not be less stringent than re- on the letter within 60 days after receiving it. This
quired by a subsequently promulgated effluent informal appeal shall be a prerequisite to seeking
limitations guideline. judicial review of agency action in denying a re-
(2) Causes for modification or revocation and quest for modification, revocation and reissuance,
reissuance. Any permit may be modified, or alter- or termination.
natively, may be revoked and reissued when: (3)(A) If the director tentatively decides to
(A) Cause exists for termination under subsec- modify or revoke and reissue a permit under sub-
tion (f) of this regulation, and the director deter- section (e) of this regulation, the director shall
mines that modification or revocation and reissu- prepare a draft permit under K.A.R. 28-16-60 in-
ance is appropriate; or corporating the proposed changes. The director
(B) the director has received notification of a may request additional information, and in the
proposed transfer of the permit. case of a modified permit, may require the sub-
(f) Termination of permits. mission of an updated application. A new appli-
(1) A permit may be terminated during its term cation for a permit shall be submitted for the reis-
or a permit may be denied for: suance of a revoked permit.
(A) Noncompliance by the permittee with any (B) In a permit modification under this regu-
condition of the permit; lation, only those conditions to be modified shall
(B) the permittee’s failure in the application or be reopened when a new draft permit is prepared.
during the permit issuance process to disclose All other aspects of the existing permit shall re-
fully all relevant facts, or the permittee’s misrep- main in effect for the duration of the unmodified
resentation of any relevant facts at any time; permit. When a permit is revoked and reissued
(C) a determination that the permitted activity under this section, the entire permit shall be re-
endangers human health or the environment and opened just as if the permit had expired and was

212
 WATER POLLUTION CONTROL 28-16-67

being reissued. During any revocation and reis- (B) Pollutants which are subject to reduction or
suance proceeding, the permittee shall comply elimination under the requirements, pollutants
with all conditions of the existing permit until a which would have a significant impact on the qual-
new final permit is reissued. ity of the receiving waters, and pollutants speci-
(4) If the director tentatively decides to ter- fied by the regional administrator; and
minate a permit under subsection (f) of this reg- (C) Each effluent flow or pollutant shall be
ulation, the director shall issue a notice of intent monitored at intervals sufficiently frequent to
to terminate. A notice of intent to terminate is a yield data which reasonably characterize the na-
type of draft permit which follows the same pro- ture of the discharge. Variable effluent flows and
cedures as any draft permit prepared under constituent levels shall be monitored at more fre-
K.A.R. 28-16-60. quent intervals.
(h) Transmission to regional administrator of III. Recording. (A) The discharger shall record
permits. Upon issuance of any permit, a copy of the results of all monitoring and shall include for
the permit shall be forwarded to the regional ad- all samples: (1) The date, exact place, time of sam-
ministrator by the director. pling, and who took the sample;
(i) Reissuance of permits. (2) The dates analyses were performed and who
(1) At least 180 days prior to expiration of a performed the analyses;
permit, a permit holder wishing to renew the per- (3) Analytical techniques/methods used; and
mit shall file an application, as required by the (4) The results of such analyses.
director. (B) The discharger shall be required to retain
(2) Permits shall not be reissued unless: for a minimum of three years any records of mon-
(A) The discharger is in compliance with or has itoring activities and results, including all original
substantially complied with all the terms, condi- strip chart recording and calibration and mainte-
tions, requirements and schedules of compliance nance records. The period of retention shall be
contained in the existing permit; extended during the course of any unresolved ad-
(B) The discharger files an application and ministrative enforcement action or litigation re-
other necessary data as required by the director; garding the discharge of pollutants by the dis-
and charger or when ordered by the director.
(C) The discharge is consistent with applicable IV. Reporting. (A) Monitoring results shall be
minimum standards of design, construction, and reported on forms required by the director and
maintenance and water quality standards. forwarded to the director at specified time periods
(3) The notice and hearing procedure for reis- of not less than once per year.
suance shall be the same as for the issuance of (B) The director shall require the use of mon-
new permits. (Authorized by K.S.A. 65-171d, as itoring, recording, and reporting procedures
amended by L. 1986, Ch. 204, Sec. 3, Sec. 6 and which at a minimum are at least as stringent as
L. 1986, Ch. 201, Sec. 22; implementing K.S.A. any national monitoring, recording, and reporting
65-165, 65-166, effective, E-74-32, June 14, 1974; requirements specified by the administrator in
effective May 1, 1975, amended May 1, 1987.) regulations issued pursuant to the act. (Author-
28-16-63. Monitoring. I. An appropriate ized by K.S.A. 1974 Supp. 65-165, 65-166, 65-
monitoring program shall be included in all per- 171d; effective, E-74-32, June 14, 1974; effective
mits. The program may require the discharger to May 1, 1975.)
install, use and maintain at his expense, adequate 28-16-64. Reserved.
monitoring equipment or methods (including,
where appropriate, biological monitoring meth- 28-16-65. (Authorized by K.S.A. 12-3710
ods.) et seq.; effective, E-74-33, June 21, 1974; effec-
II. Any discharge which 1) is not a minor dis- tive, E-76-20, May 1, 1975; effective May 1, 1976;
charge, 2) the regional administrator requests in revoked May 10, 1996.)
writing to be monitored, or 3) contains a toxic pol- 28-16-66. Reserved.
lutant for which an effluent standard has been es-
tablished shall be monitored by the discharger for 28-16-67. (Authorized by K.S.A. 12-3711;
at least the following: (A) Flow (in gallons per effective, E-78-4, Dec. 1, 1977; effective May 1,
day); 1978; revoked May 10, 1996.)

213
28-16-68 KANSAS DEPT. OF HEALTH AND ENVIRONMENT

ESTABLISHMENT AND ADMINISTRATION 28-16-70. Designation of critical water

OF CRITICAL WATER QUALITY quality management area. (a) Watersheds or
MANAGEMENT AREAS
portions of watersheds shall be considered by the
28-16-68. Reserved. secretary for designation as critical water quality
management areas because of pollutant sources
28-16-69. Definitions. (a) Agricultural which cause, or may reasonably be expected to
pollutants means sediments, organic material or cause, damages to resources of the state; public
microorganisms from cultivated fields, pastures or nuisance or health hazards; destruction of fishery
grazing land; pesticides; runoff from feedlots or habitat; excessive deposition of sediments on river
other animal holding areas; fertilizers; or minerals bottoms, lakes or reservoirs; additional risk to
contained in irrigation return flow. threatened or endangered fish or wildlife; or vio-
(b) Critical water quality management area lation of water quality standards.
means a watershed, or a portion of a watershed, (b) The secretary shall initiate such action on
in which application of minimum state or national the secretary’s initiative, at the request of other
wastewater and water quality management prac- state or federal agencies, local governments, or
tices and procedures cannot be reasonably ex- through public initiative.
pected to result in attainment of water quality (c) The secretary shall give public notice of in-
goals, attainment of water quality standards, pro- tent to consider an area for designation as a critical
tection of resources of the state, prevention of ex- water quality management area. The secretary
cessive sediment deposition in stream beds, lakes shall consider all responses to the public notice in
or reservoirs, or prevention of destruction of fish- determining whether to proceed with the evalu-
ery habitat; or an area in which additional treat- ation of the candidate area.
ment and control of pollutants can result in ad- (d) Any person, unit of local government, or
ditional cost effective benefits. state or federal agency proposing that an area be
(c) Critical area water quality management designated as a critical water quality management
plan means a plan providing for the control of all area shall submit a proposal to the secretary in-
pollutant sources within the critical area. corporating the following information: a map
(d) Endangered species means those species of showing the boundaries of the proposed area; a
wildlife indigenous to the state whose existence is brief discussion of the nature of the damages that
in immediate jeopardy due to a combination of are occurring or which may reasonably be ex-
natural or man-made factors. pected to occur; a brief discussion of those pol-
(e) Kansas water quality management plan lutant sources believed to be responsible for the
means the plan approved by senate concurrent observed or potential damages; a brief discussion
resolution 1640 dated April 2, 1979. of the public support for, or likely objection to, a
(f) Rural clean water program means a pro- critical water quality management designation;
gram for the control of wastes from agricultural and the name, title, and authority of the individual
sources for improved water quality, promulgated or agency submitting the proposal.
in conformity with Section 208(j) (1)-(9) of the (e) Prior to the designation of a critical water
federal water pollution control act as amended, 33 quality management area the secretary shall:
U.S.C. 166, et seq. (1) Evaluate all pollutant sources and the ex-
(g) Rural clean water program coordinating tent to which these pollutant sources are or may
committee means the state administrative com- be reasonably expected to cause violation of water
mittee, established pursuant to U.S. department quality standards, damages to resources of the
of agriculture regulations, to administer the rural state, nuisance conditions, hazards to the public
clean water program. health, excessive sedimentation, destruction of
(h) Threatened species means those species of fisheries habitat, or additional risk to threatened
wildlife indigenous to the state whose existence or endangered fish or wildlife species.
may become endangered by continued deterio- (2) Evaluate all data and consider public com-
ration due to natural or man-made forces. ments in determining the technical and economic
(i) Water quality standards means standards feasibility of simultaneous control of all pollutant
found in K.A.R. 28-16-28 and 28a. (Authorized by sources. When determining the technical and ec-
K.S.A. 65-171a, 65-171d, 65-3301, 65-3303, 65- onomic feasibility of agricultural pollutant reduc-
3304, 65-3305; effective May 1, 1981.) tion, the secretary shall consult with the state con-

214
 WATER POLLUTION CONTROL 28-16-77

servation commission, the affected conservation and a brief summary of any public input related
district(s), and other knowledgeable sources. In to administration of the area.
conducting the evaluation, the secretary may in- (d) The secretary may terminate designation of
vite and give consideration to comments from in- any designated critical water quality management
dividuals, interest groups, federal agencies, other area upon determination that such designation is
state agencies, and affected local government. not needed for protection of water resources, or
(f) If the secretary concludes, as a result of the that the controls are not technically or economi-
evaluations, that the establishment of a critical wa- cally practical, or there is substantial public op-
ter quality management area is necessary and pol- position. The secretary shall give public notice of
lutant control is technically and economically fea- intent and termination shall not be effective until
sible, the secretary shall prepare a proposed sixty (60) days after such public notice. (Author-
management plan setting forth an implementation ized by K.S.A. 65-171a, 65-171d, 65-3301, 65-
schedule for control of each pollutant source, an 3303, 65-3304, 65-3305; effective May 1, 1981.)
analysis of the costs and benefits of the proposed 28-16-72 to 28-16-75. Reserved.
management plan, and the boundaries of the pro-
posed area. DEVELOPMENT OF COUNTYWIDE
(g) The secretary shall give public notice of the WASTEWATER MANAGEMENT PLANS
availability of the proposed management plan,
28-16-76. Definitions. (a) Effluent per-
make copies available for review, and hold a pub-
mits. Permits issued by the secretary to munici-
lic hearing on the proposed designation.
palities, industries or feedlot operators for oper-
(h) The secretary, on the basis of the evaluation ation of a sewerage system pursuant to 1978 Supp.
and public hearing, may designate an area as a K.S.A. 65-165 and fulfilling the permit require-
critical water quality management area, and give ments of section 402, 33 U.S.C. 466, et seq. as
public notice of the designation through publica- amended.
tion in a newspaper having general distribution in (b) Kansas water quality management plan.
the county or counties in which the designated The plan for water quality management as ap-
area is located. (Authorized by K.S.A. 65-171a, 65- proved by 1979 senate concurrent resolution 1640
171d, 65-3301, 65-3303, 65-3304, 65-3305; effec- dated April 2, 1979, developed pursuant to the
tive May 1, 1981.) requirements of section 208, 33 U.S.C. 466, et seq.
28-16-71. Administration of critical wa- (c) Municipal construction grants. Financial as-
ter quality management area. (a) The secretary sistance grants made by the U.S. environmental
shall establish a local advisory committee to assist protection agency, pursuant to section 201(g)(1),
in the administration of each designated area. If 33 U.S.C. 466, et seq. as amended, to municipal-
pollutant reduction in the area involves agricul- ities for the construction of sewerage works.
tural pollutant reduction, the area shall be sub- (d) Plan. The countywide wastewater manage-
mitted as a candidate project to the state rural ment plan.
clean water program coordinating committee for (e) Secretary. The secretary of health and en-
funding under the rural clean water program. vironment. (Authorized by K.S.A. 65-3301, K.S.A.
(b) All permits issued by the secretary for the 1979 Supp. 65-3303, 65-3305, 65-3308; effective
control of pollutants, the establishment of waste May 1, 1980.)
disposal sites, the construction or expansion of wa- 28-16-77. Exemptions. (a) Counties with
ter supply or sewerage systems or the establish- populations of 30,000 or less may request exemp-
ment of sanitation zones or other measures nec- tion by filing a request by June 1, 1980, with the
essary for the control of pollutants shall be secretary.
consistent with the adopted plan. (b) Each such request shall include a copy of
(c) The secretary shall prepare an annual re- the document which indicates the official action
port for each designated area and shall make cop- of the board of county commissioners requesting
ies of the report available to residents of the area. exemption from the requirement for preparation
The report shall evaluate the effectiveness of con- of a countywide wastewater management plan. In
trol measures, including the approximate costs, ef- order to reach a determination of approval or de-
fects on water quality and resources of the state, nial of such exemption, the secretary may request

215
28-16-78 KANSAS DEPT. OF HEALTH AND ENVIRONMENT

any of the following information which he deter- (2) Description of each existing sewerage sys-
mines to be necessary: tem including treatment plants, major pumping
(1) The policy of each incorporated city with stations, interceptors, and areas of combined sew-
respect to the provision of sewerage service for an ers, including the age, size and capacity and own-
area within three (3) miles of the corporate limit; ership of each major unit;
(2) The policy of each incorporated city with (3) An evaluation of the projected ability of ex-
respect to provision of water delivery within three isting and projected sewerage systems to meet wa-
(3) miles of the corporate limits; ter quality standards (K.A.R. 28-16-28 and K.A.R.
(3) County controls over the construction of 28-16-28a);
on-site residential wastewater treatment facilities, (4) The schedule whereby new sewerage sys-
including septic tanks; tems will be constructed or existing sewerage sys-
(4) County procedures for the approval of wa- tems expanded to provide service for new areas.
ter delivery and wastewater systems for develop- The schedule shall be such that:
ing areas and the county procedures for coordi- (A) no new permanent treatment facilities will
nating these services; and be projected in areas where sewer systems exist
(5) County procedures for dealing with prob- unless there is reasonable evidence that the waste
lem areas of urban stormwater runoff. to be treated is incompatible or that the existing
(c) The secretary will advise each county re- system would be overloaded;
questing an exemption within thirty (30) days after (B) temporary wastewater treatment facilities
receipt of application of the decision to grant or may be provided in areas without sewer service,
deny the exemption or of the need for further in- and in which there is a reasonable potential for
formation concerning wastewater management the construction of new interceptors;
planning within the county. (Authorized by K.S.A. (C) new treatment facilities will be provided in
65-3301, K.S.A. 1979 Supp. 65-3308, 65-3309; ef- areas where no treatment facilities exist and in-
fective May 1, 1980.) terceptors are not within a reasonable distance or
are not economically feasible;
28-16-78. County wastewater manage- (D) simplicity, reliability and energy efficiency
ment committee. The chairman of the county will be emphasized in the design of treatment sys-
wastewater management committee shall, within tems;
ninety (90) days of organization of the committee, (E) the proliferation of very small waste treat-
advise the secretary of its schedule for preparing ment systems will be discouraged in metropolitan
and completing a plan. (Authorized by K.S.A. areas; and,
65-3301, K.S.A. 1979 Supp. 65-3308, 65-3309, 65- (F) agricultural and municipal waste disposal
3310; effective May 1, 1980.) irrigation systems will be encouraged where prac-
28-16-79. Preparation of initial plan. ticable and will take into account the maintenance
Each county which is required to submit a plan of minimum flow levels in receiving waters and
shall submit to the secretary on or before January established water rights;
1, 1983 a draft of a workable plan together with (5) A description of each community water de-
reviews by each local governing body affected and livery system, including sources of supply, major
by appropriate official planning agencies within storage facilities, major lines, pumping stations,
the area covered by the plan for consistency with and treatment plants;
programs of comprehensive planning for the (6) The schedule whereby new water supply
county and for each other local governing body. systems will be constructed or existing systems ex-
(Authorized by K.S.A. 65-3301, K.S.A. 1979 Supp. panded to provide service for those areas in which
65-3308, 65-3309, 65-3310; effective May 1, additional population development is projected;
1980.) (7) A description of the mechanisms to be used
to coordinate the provision of water delivery and
28-16-80. Elements of plan. (a) Each sewerage services in those areas in which further
plan shall incorporate the following elements: population growth or industrial development is
(1) The projected population development of projected;
the county for a twenty-five (25) year period be- (8) A land use map indicating those areas in
ginning June 30, 1980, with subprojections for which on-site residential wastewater treatment fa-
each five (5) year increment; cilities may be used, a description of the permit

216
 WATER POLLUTION CONTROL 28-16-83

and inspection system used to regulate such de- K.S.A. 1979 Supp. 65-3308, 65-3309, 65-3310; ef-
velopments, and the conditions imposed to assure fective May 1, 1980.)
satisfactory operation over a reasonable period of
time; 28-16-81. Administration of approved
(9) Copies of agreements between units of lo- plan. (a) Any plan approved by the secretary will
cal government necessary to assure the orderly become a part of the Kansas water quality man-
construction of new or extended sewerage or wa- agement plan. Applicants for effluent permits will
ter delivery facilities; be subject to section 208(e) of the federal water
(10) A land use map showing all significant wa- pollution control act, 33 U.S.C. 466, et seq., and
terways, flood plains and floodways, parks, lakes applicants for municipal construction grants will
and reservoirs, recreational areas, sanitation be subject to section 208(d) of the federal water
zones, and critical water quality management ar- pollution control act as amended.
eas and clearly establishing the relationship be- (b) Permits issued by the secretary for the op-
tween these land uses and existing and projected eration of sewerage facilities will be consistent
water delivery and sewerage systems; with the plan.
(11) Any predicted community developments (c) Permits issued by the secretary for new or
which will have a major impact on the demands extended sewerage systems will be consistent with
for water supply or sewerage service; the plan.
(12) The location of existing industrial waste (d) Comments by the secretary on federally-
treatment facilities, an assessment of potential funded projects pursuant to bureau of budget cir-
waste loads and the relationship of these loads to cular A-95 will be consistent with the plan.
those imposed by municipal discharges; (e) Comments made by the secretary on proj-
(13) The estimated costs of projected improve- ects proposed by other state agencies will be con-
ments for sewerage system extensions during the sistent with the plan. (Authorized by K.S.A. 65-
first five (5) year period of the twenty-five (25) 3301, K.S.A. 1979 Supp. 65-3303, 65-3304,
year plan; 65-3308, 65-3310; effective May 1, 1980.)
(14) An evaluation of the extent to which
wastewater may be used for municipal or agricul- 28-16-82. Funding. (a) The secretary will
tural irrigation and the extent to which municipal include the name of each county required to de-
wastewater may be reclaimed for industrial use; velop a plan on the annual municipal construction
(15) An evaluation of the extent to which urban grant priority list prepared by the department of
stormwater runoff may contribute to violation of health and environment in accordance with sec-
water quality standards, (K.A.R. 28-16-28 and tion 204 of the federal water pollution control act,
K.A.R. 28-16-28a); 33 U.S.C. 466, et seq.
(16) Description and evaluation of current and (b) Application may be made on forms pro-
projected sludge disposal practices and facilities; vided by the secretary for a state grant in an
(17) Identification of any relationships be- amount up to but not exceeding twelve and one-
tween the projected sewerage plans and county half percent (12.5%) of the total cost of plan de-
air quality maintenance plans; and velopment. (Authorized by K.S.A. 65-3301, K.S.A.
(18) A plan and schedule for review and up- 1979 Supp. 65-3303, 65-3304, 65-3308, 65-3310,
dating of the plan at five (5) year intervals. 65-3313; effective May 1, 1980.)
(b) The plan shall be based, insofar as practi-
cable on available studies or reports and which PRETREATMENT
may be incorporated by reference.
(c) Each plan shall, as appropriate, identify any 28-16-83. Entities regulated. The provi-
water delivery or sewerage problems, the solution sions of K.A.R. 28-16-84 to 28-16-98, inclusive,
of which requires coordination with an adjacent and any amendments to those regulations, shall
county, and the mechanisms to be used to achieve apply to:
this coordination. (a) pollutants from nondomestic sources which
(d) The committee shall hold one (1) or more are subject to one or more pretreatment standards
public hearings on the plan and shall submit to and which are indirectly discharged, or are oth-
the secretary a report of such hearings at the time erwise introduced by any means, into any publicly
it files the plan. (Authorized by K.S.A. 65-3301, owned treatment works (POTW);

217
28-16-84 KANSAS DEPT. OF HEALTH AND ENVIRONMENT

(b) any POTW which receives wastewater from does not contain sampling and analytical tech-
sources subject to one or more pretreatment stan- niques for the pollutant in question, or where the
dards; and secretary determines that the part 136 sampling
(c) any new or existing source which is subject and analytical techniques are inappropriate for the
to one or more pretreatment standards. (Author- pollutant in question, sampling and analysis shall
ized by and implementing K.S.A. 65-171d; effec- be performed using validated analytical methods
tive May 1, 1985; amended May 1, 1987.) or other appropriate sampling and analytical pro-
cedures approved by the secretary. Alternate sam-
28-16-84. Objectives of general pre-
pling and analytical techniques suggested by the
treatment regulations. 40 CFR § 403.2, as in
POTW or other persons will be considered by the
effect on July 1, 1986, is adopted by reference.
secretary.’’
(Authorized by and implementing K.S.A. 65-
171d; effective May 1, 1985; amended May 1, (b) 40 CFR part 136, as in effect on July 1,
1987.) 1986, is adopted by reference (see 49 FR 43234,
50 FR 690 and 51 FR 23692). (Authorized by and
28-16-85. Definitions. 40 CFR § 403.3, as implementing K.S.A. 65-171d; effective May 1,
in effect on July 1, 1986, is adopted by reference. 1985; amended May 1, 1986; amended May 1,
(Authorized by and implementing K.S.A. 65- 1987.)
171d; effective May 1, 1985; amended May 1,
1987.) 28-16-90. POTW pretreatment pro-
grams, developed by POTW. 40 CFR § 403.8,
28-16-86. Local laws not superceded. as in effect on July 1, 1986, is adopted by refer-
The provisions of K.A.R. 28-16-83 to 28-16-98, ence, except in lieu of paragraph (f)(1)(vii) the fol-
inclusive, shall not supercede any pretreatment lowing shall apply: ‘‘(vii) Comply with the confi-
requirements, including any standards or prohi- dentiality requirements of the Kansas open
bitions, established by any local law as long as the records act.’’ (Authorized by and implementing
local requirements are not less stringent than any K.S.A. 65-171d; effective May 1, 1985; amended
set forth in the national pretreatment standards or May 1, 1987.)
other requirements or prohibitions established by
the state or federal government. (Authorized by 28-16-91. POTW pretreatment pro-
and implementing K.S.A. 65-171d; effective May grams. Any municipality (POTW) with a Kansas
1, 1985; amended May 1, 1987.) water pollution control permit may be required to
develop a local pretreatment program. (Author-
28-16-87. National pretreatment stan- ized by and implementing K.S.A. 65-171d; effec-
dards; prohibited discharges. Subsections (a) tive May 1, 1985; amended May 1, 1987.)
to (e), inclusive, of 40 CFR § 403.5, as in effect
on July 1, 1986, are adopted by reference. (Au- 28-16-92. POTW pretreatment pro-
thorized by and implementing K.S.A. 65-171d; ef- grams or authorization to revise pretreat-
fective May 1, 1985; amended May 1, 1987.) ment standards; submission for approval. 40
CFR § 403.9, as in effect on July 1, 1986, is
28-16-88. National pretreatment stan- adopted by reference. (Authorized by and imple-
dards; categorical standard. 40 CFR § 403.6, menting K.S.A. 65-171d; effective May 1, 1985;
as in effect on July 1, 1986, is adopted by refer- amended May 1, 1987.)
ence. (Authorized by and implementing K.S.A.
65-171d; effective May 1, 1985; amended May 1, 28-16-93. Approval procedures for
1987.) POTW pretreatment programs and POTW
revision of categorical pretreatment stan-
28-16-89. Revision of categorical pre- dards. 40 CFR § 403.11, as in effect on July 1,
treatment standards to reflect POTW re- 1986, is adopted by reference. (Authorized by and
moval of pollutants. (a) 40 CFR § 403.7, as in implementing K.S.A. 65-171d; effective May 1,
effect on July 1, 1986, is adopted by reference, 1985; amended May 1, 1987.)
except that in lieu of § 403.7(b)(3) the following
shall apply: ‘‘(3) The POTW shall analyze the sam- 28-16-94. Reporting requirements for
ples for pollutants in accordance with the analyt- POTW’s and industrial users. (a) 40 CFR §
ical techniques prescribed in 40 CFR part 136, as 403.12, as in effect on July 1, 1986, is adopted by
in effect on July 1, 1986. Where 40 CFR part 136 reference, except that:

218
 WATER POLLUTION CONTROL 28-16-98

(1) in lieu of § 403.12(b)(5)(vi) the following 1985; amended May 1, 1986; amended May 1,
shall apply: ‘‘(vi) Sampling and analysis shall be 1987.)
performed in accordance with the techniques pre-
28-16-95. Variances from categorical
scribed in 40 CFR part 136, as in effect on July 1,
pretreatment standards for fundamentally
1986. Where 40 CFR part 136 does not contain
different factors. 40 CFR § 403.13, as in effect
sampling and analytical techniques for the pollut-
on July 1, 1986, is adopted by reference, except
ant in question, or where the secretary determines that: (a) in lieu of § 403.13(b), the following shall
that the part 136 sampling and analytical tech- apply: ‘‘(b) A fundamentally different factors var-
niques are inappropriate for the pollutant in ques- iance may be requested under this section by any
tion, sampling and analysis shall be performed us- interested person believing that factors relating to
ing validated analytical methods or other an industrial user are fundamentally different
appropriate sampling and analytical procedures from the factors considered during development
approved by the secretary. Alternate sampling and of a categorical pretreatment standard applicable
analytical techniques suggested by the POTW or to that user and that the existence of those factors
other persons will be considered by the secre- justifies a different discharge limit than specified
tary.’’ in the applicable categorical pretreatment stan-
(2) in lieu of § 403.12(g) the following shall ap- dard. Such a variance request may be initiated by
ply: ‘‘(g) Monitoring and analysis to demonstrate the secretary. A fundamentally different factors
continued compliance. The reports required in variance is not available for any toxic pollutant
paragraphs (b)(5), (d), and (e) of this section shall controlled in a categorical pretreatment standard;
contain the results of sampling and analysis of the and’’
discharge, including the flow and the nature and (b) in lieu of § 403.13(c)(1)(ii), the following
concentration, or production and mass where re- shall apply: ‘‘(ii) Factors relating to the discharge
quested by the control authority, of pollutants controlled by the categorical pretreatment stan-
contained therein which are limited by the appli- dard are fundamentally different from the factors
cable pretreatment standards. The frequency of considered in establishing the standards; and.’’
monitoring shall be as prescribed in the applicable (Authorized by and implementing K.S.A. 65-
pretreatment standard. All analyses shall be per- 171d; effective May 1, 1985; amended May 1,
formed in accordance with 40 CFR part 136, as 1986; amended May 1, 1987.)
in effect on July 1, 1986. Where 40 CFR part 136
28-16-96. Confidentiality of informa-
does not include sampling or analytical techniques
tion. Any information submitted to the depart-
for the pollutants in question, or where the sec-
ment of health and environment shall be subject
retary determines that the part 136 sampling and to disclosure or nondisclosure as provided in the
analytical techniques are inappropriate for the Kansas open records act. (Authorized by and im-
pollutant in question, sampling and analyses shall plementing K.S.A. 65-171d; effective May 1,
be performed using validated analytical methods 1985; amended May 1, 1987.)
or other sampling and analytical procedures ap-
proved by the secretary. Alternate sampling and 28-16-97. Net/Gross calculations. 40
analytical techniques suggested by the POTW or CFR § 403.15, as in effect on July 1, 1986, is
persons will be considered by the secretary.’’ adopted by reference, except that each reference
(3) In lieu of § 403.12(k) the following shall to the enforcement division director, regional en-
apply: ‘‘(k) Penalties for providing false informa- forcement officer, water management division di-
tion. Any person who willfully provides false in- rector or EPA shall be deemed to refer to the
formation on any report required by subsections secretary. Nothing in this regulation shall relieve
(b), (d), (e), or (h), of 40 CFR § 403.12 shall be any person of the duty to obtain approval from the
subject to the penalties imposed under K.S.A. 65- U.S. environmental protection agency. (Author-
170c, K.S.A. 65-170d and K.S.A. 1985 Supp. 21- ized by and implementing K.S.A. 65-171d; effec-
3805, and any amendments thereto.’’ tive May 1, 1985; amended May 1, 1986; amended
(b) 40 CFR part 136, as in effect on July 1, May 1, 1987.)
1986, is adopted by reference (see 49 FR 43234, 28-16-98. Upset provisions. 40 CFR §
50 FR 690, and 51 FR 23692). (Authorized by and 403.16, as in effect on July 1, 1986, is adopted by
implementing K.S.A. 65-171d; effective May 1, reference, except that each reference to the

219
28-16-99 KANSAS DEPT. OF HEALTH AND ENVIRONMENT

agency shall be deemed to refer to the Kansas (i) ‘‘Excessive inflow’’ means a rainfall-induced
department of health and environment. (Author- flow rate in excess of 275 gallons per capita per
ized by and implementing K.S.A. 65-171d; effec- day.
tive May 1, 1985; amended May 1, 1987.) (j) ‘‘Loan applicant’’ means any county, city,
sewer district, other public agency, or any com-
28-16-99 to 28-16-109. Reserved. bination thereof, created by or pursuant to Kansas
28-16-110. Definitions. For the purposes statutes, filing an application for a loan pursuant
of the regulations in this article, the following to the Kansas water pollution control fund act of
words, terms and phrases are defined as follows: 1988.
(a) ‘‘Best practicable waste treatment technol- (k) ‘‘Loan agreement’’ means an executed con-
tract between a loan recipient and the secretary
ogy (BPWTT)’’ means a cost-effective technology
confirming the purpose of the loan, the amount
that can treat wastewater, including combined
and terms of the loan, the schedule of loan pay-
sewer overflows and nonexcessive infiltration and
ments and repayments and any other agreed upon
inflow, to meet the applicable provisions of Kansas conditions set forth by the secretary.
water supply and sewage statutes, K.S.A. 65-161 (l) ‘‘Minority business enterprise’’ means a
to 65-171x; water pollution control statutes, business certified as a minority business enter-
K.S.A. 65-3301 to 65-3313; and the federal clean prise by a state or federal agency based on the
water act as amended on or before January 1, authority of state or federal statutes.
1989, 33 USC 1251 et seq. (m) ‘‘Project’’ means the scope of work for
(b) ‘‘Department’’ means the Kansas depart- which a loan is awarded.
ment of health and environment. (n) ‘‘Secretary’’ means the secretary of Kansas
(c) ‘‘Equivalency’’ means that portion of the department of health and environment.
Kansas water pollution control revolving fund (o) ‘‘Sewerage’’ means the removal and treat-
which was directly made available by the federal ment of surface water, sewage and other waste-
government. water by sewers, a system of sewers, wastewater
(d) ‘‘Equivalency project’’ means that portion treatment processes or any other means such as
of the project cost which is funded from the equiv- recycling and reclamation.
alency portion of the Kansas water pollution con- (p) ‘‘Value engineering’’ means a cost control
trol revolving fund. technique which uses a systematic approach to
(e) ‘‘Facilities planning’’ means the necessary identify unnecessarily high costs in a project with-
plans and studies directly related to the project out sacrificing the reliability or efficiency of the
financed from the Kansas water pollution control project.
revolving fund. The content of a facilities plan (q) ‘‘Women’s business enterprise’’ means a
shall be as described in the federal register 40 business certified as a women’s business enter-
CFR 35.2030(b), as in effect on January 1, 1989. prise by a state or federal agency based on the
(f) ‘‘Infiltration’’ means water other than sew- authority of state or federal statutes.
age that enters a sewerage system from the (r) ‘‘Wastewater treatment works’’ means any
ground through defective pipes, pipe joints, con- device, or system for the storage, treatment, re-
cycling, and reclamation of sewage. These in-
nections, or manholes.
clude:
(g) ‘‘Excessive infiltration’’ means the quantity (1) intercepting sewers, outfall sewers, sewage
of flow which is more than 120 gallons per capita collection systems, pumping stations, facilities for
per day or the quantity of infiltration which could sewage treatment and disposal of residues result-
be economically and effectively eliminated from a ing from treatment, power and other equipment,
sewer system as determined in a cost-effective- their appurtenances, extensions, improvements,
ness analysis. Flow rates more than 120 gallons remodeling, additions and alterations thereof; and
per capita per day when justified by water use (2) any works, including site acquisition of the
records are not considered to be excessive infil- land, that will be an integral part of the treatment
tration. process or are used for ultimate disposal of resi-
(h) ‘‘Inflow’’ means water other than sewage dues resulting from treatment. (Authorized by
that enters a sewerage system. Inflow does not and implementing K.S.A. 1988 Supp. 65-3323; ef-
include infiltration. fective May 29, 1989.)

220
 WATER POLLUTION CONTROL 28-16-117

28-16-111. Reserved. dedicated sources of revenue may be in the form

of user charges, ad valorem taxes, special tax as-
28-16-112. Fund use eligibility. (a) The
sessments, another permanent source of revenue
fund shall be used only to finance all or any part
or some combination of these sources. Each ded-
of the following activities:
icated source of revenue shall be legally available
(1) loans to loan applicants for the planning,
design, and construction of publicly-owned waste- to the loan recipient over the life of the loan re-
water treatment works; and payment obligation and pledged to the repayment
(2) loans to loan applicants with taxing author- of the loan. Each dedicated source of revenue
ity for the implementation of nonpoint source pol- shall be approved by the secretary.
lution control management programs developed (b) Each loan recipient shall conduct a revenue
in conformance with section 319 of the federal source review every fifth year following the date
clean water act as amended on or before January of the loan agreement during the entire life of the
1, 1989, 33 USC 1251 et seq. loan repayment obligation and shall implement
(b) Each project eligible to receive loans shall the new revenue rates as approved by the secre-
appear on the project priority list prepared by the tary. (Authorized by K.S.A. 1988 Supp. 65-3323;
department. (Authorized by K.S.A. 1988 Supp. implementing K.S.A. 1988 Supp. 65-3326 and 65-
65-3323; implementing K.S.A. 1988 Supp. 65- 3327; effective May 29, 1989.)
3322; effective May 29, 1989.) 28-16-116. Failure to repay loan on
28-16-113. Interest rate. Each loan shall schedule. Upon failure of a loan recipient to pay
bear interest for the entire life of the loan at a rate one or more installments of the loan repayment
set by the secretary. The secretary may also set on schedule, the governing body of the loan re-
fees for servicing the loans. The interest rate to- cipient shall be consulted by the secretary, and
gether with the servicing fee shall be an amount thereafter the governing body shall adopt charges,
equal to sixty percent of the previous three as set by the secretary, to be levied against users
months’ average ‘‘bond buyers 20 bond index’’ as of the project. These charges shall remain in effect
published on the first Monday of each week of the until the full amount of the loan, including prin-
preceding three months. (Authorized by K.S.A. cipal and interest, has been repaid. The governing
1988 Supp. 65-3323; implementing K.S.A. 1988 body of each loan recipient shall collect any
Supp. 65-3326; effective May 29, 1989.) charges established by the secretary or required
by the secretary and shall expeditiously forward
28-16-114. Repayment of loans. (a) All the collected moneys to the secretary. (Authorized
principal and interest shall be repaid in accord-
by K.S.A. 1988 Supp. 65-3323; implementing
ance with the terms and conditions of the exe-
K.S.A. 1988 Supp. 65-3327; effective May 29,
cuted loan agreement. Principal and interest pay-
1989.)
ments shall begin not later than two years after
receipt of the first loan installment and in no case 28-16-117. Double benefits. (a) Projects
later than one year following the completion of receiving construction grants under the federal
the project. Repayment of the loan shall not ex- clean water act shall not be eligible to receive
ceed a 20-year repayment period as agreed upon loans under the Kansas water pollution control re-
in the loan agreement. Project completion is de- volving fund act for the nonfederal shares of the
fined as initiation of operation or capability to in- projects costs.
itiate operation. (b) Loans shall be made only for the publicly-
(b) Prepayment of principal in whole or part owned portion of sewerage projects.
may be made in accordance with the terms and (c) If a project receives a loan for planning,
conditions of the executed loan agreement. (Au- preparation of design and construction documents
thorized by K.S.A. 1988 Supp. 65-3323; imple- or both, and subsequently receives a federal grant
menting K.S.A. 1988 Supp. 65-3322 and 65-3326; allowance for the same purposes, the loan recip-
effective May 29, 1989.) ient shall repay the loan to the extent of the allow-
28-16-115. Dedicated loan repayment ance received by not later than 30 days from the
source. (a) Each loan recipient shall adopt one or receipt of the allowance. (Authorized by K.S.A.
more dedicated sources of revenue for repayment 1988 Supp. 65-3323; implementing K.S.A. 1988
of the loan including principal and interest. The Supp. 65-3322; effective May 29, 1989.)

221
28-16-118 KANSAS DEPT. OF HEALTH AND ENVIRONMENT

28-16-118. Project eligibility. (a) In or- pollution control revolving fund upon approval of
der to receive a loan, each sewerage facility equiv- the secretary. (Authorized by K.S.A. 1988 Supp.
alency project shall comply or be consistent with: 65-3323; implementing K.S.A. 1988 Supp. 65-
(1) The best practicable waste treatment tech- 3322 and K.S.A. 1988 Supp. 65-3324; effective
nology requirements defined in K.A.R. 28-16- May 29, 1989.)
110(a);
(2) The facilities planning process defined in 28-16-120. Alternative ultimate dis-
K.A.R. 28-16-110(e); posal. Each loan applicant for a sewerage facility
project shall evaluate alternative methods and
(3) The type of projects described in K.A.R.
technologies for the reuse or ultimate disposal of
28-16-119;
treated wastewater and residue material resulting
(4) The alternative ultimate waste disposal
from the waste treatment process. (Authorized by
procedure described in K.A.R. 28-16-120;
K.S.A. 1988 Supp. 65-3323; implementing K.S.A.
(5) The infiltration and inflow requirements
1988 Supp. 65-3322 and 65-3326; effective May
described in K.A.R. 28-16-121;
29, 1989.)
(6) The alternative and innovative treatment
provisions described in K.A.R. 28-16-122; 28-16-121. Infiltration and inflow. Each
(7) The open space recreation requirement de- loan applicant for a sewerage facility project shall
scribed in K.A.R. 28-16-123; demonstrate that: (a) the existing sewage collec-
(8) The capital improvement plan described in tion systems related to the proposed project are
K.A.R. 28-16-124; and not subject to excessive infiltration or inflow; or
(9) The water quality management plan de- (b) the loan applicant has been implementing
scribed in K.A.R. 28-16-125. an effective ongoing infiltration and inflow reduc-
(b) In order to receive a loan, each nonpoint tion program for those sewage collection systems.
source pollution control equivalency project shall (Authorized by K.S.A. 65-3323; implementing
comply or be consistent with the nonpoint source K.S.A. 1988 Supp. 65-3322 and 65-3326; effective
pollution control management plan described in May 29, 1989.)
K.A.R. 28-16-126. (Authorized by and imple-
menting K.S.A. 1988 Supp. 65-3323; effective 28-16-122. Alternative and innovative
May 29, 1989.) treatment. Each loan applicant for a wastewater
treatment project shall demonstrate the consid-
28-16-119. Eligible project types. (a) An eration of cost effective alternative and innovative
equivalency loan may be granted for: wastewater treatment processes and techniques
(1) Projects providing secondary treatment, during the planning, selection and design of the
any part of secondary treatment or any cost-effec- project. (Authorized by K.S.A. 1988 Supp. 65-
tive alternative to secondary treatment; 3323; implementing K.S.A. 1988 Supp. 65-3322;
(2) Projects providing a treatment process or effective May 29, 1989.)
any part of a treatment process which is more
28-16-123. Open space recreation.
stringent than secondary treatment or cost-effec-
Each loan applicant shall analyze and document
tive alternatives;
the potential open space and recreation opportu-
(3) Other wastewater treatment works;
nities associated with the project. (Authorized by
(4) New interceptors and their appurte-
K.S.A. 1988 Supp. 65-3323; implementing K.S.A.
nances;
1988 Supp. 65-3322; effective May 29, 1989.)
(5) Excessive infiltration or inflow correction
projects; or 28-16-124. Capital improvement plan.
(6) Other sewerage facility projects, and non- Each loan applicant for a sewerage facility project
point source pollution control management plan shall submit to the secretary, with the loan appli-
implementation projects, and groundwater quality cation, a capital improvement financing plan for
protection projects. These types of projects shall the applicant’s projected sewerage facility needs.
not exceed 20% of equivalency funds, and require The plans shall cover not less than a five-year pe-
the specific designation of the governor. riod and shall be approved by the governing body
(b) Any sewerage project or nonpoint source of the entity. The capital improvement financing
pollution control project may receive a loan from plan shall be reviewed and kept current by the
the nonequivalency portion of the Kansas water governing body during the entire life of the loan

222
 WATER POLLUTION CONTROL 28-16-133

repayment obligation. (Authorized by K.S.A. 1988 used if that form of dedicated user charge had
Supp. 65-3323; implementing K.S.A. 1988 Supp. been in place prior to the initiation of the pro-
65-3322; effective May 29, 1989.) posed project. (Authorized by K.S.A. 1988 Supp.
65-3323; implementing K.S.A. 1988 Supp. 65-
28-16-125. Water quality management
3322 and 65-3326; effective May 29, 1989.)
plan. Each sewerage facility project eligible for a
loan shall be consistent with the applicable water 28-16-129. Value engineering. Each
quality management plan, the county-wide waste- loan recipient for a sewerage project shall conduct
water management plan or both, and the loan ap- value engineering during the design phase of the
plicant shall be a designated wastewater manage- project if the total estimated project cost exceeds
ment agency within the management plan. $10 million. The value engineering recommen-
(Authorized by K.S.A. 1988 Supp. 65-3323; im- dations shall be implemented to the maximum ex-
plementing K.S.A. 1988 Supp. 65-3322 and 65- tent possible as approved by the secretary. (Au-
3326; effective May 29, 1989.) thorized by K.S.A. 1988 Supp. 65-3323;
28-16-126. Nonpoint source pollution implementing K.S.A. 1988 Supp. 65-3322; effec-
control management plan. Each nonpoint pol- tive May 29, 1989.)
lution control or groundwater quality protection 28-16-130. Project certification. Each
project shall be consistent with applicable non- loan recipient shall certify to the secretary
point pollution source control management plan- whether the project meets the project’s perform-
ning approved by the secretary. (Authorized by ance standards on the date one year after the in-
K.S.A. 1988 Supp. 65-3323; implementing K.S.A. itiation of operations of the project. The loan re-
1988 Supp. 65-3322; effective May 29, 1989.) cipient shall be responsible for assuring timely
28-16-127. Sewer use ordinance. Each correction and compliance, including recertifica-
loan applicant for a sewerage facility project shall tion in case the initial certification was a negative
develop, and subsequent to the secretary’s ap- declaration. (Authorized by K.S.A. 1988 Supp. 65-
proval, adopt a sewer use ordinance or other le- 3323; implementing K.S.A. 1988 Supp. 65-3322;
gally binding document to protect the integrity of effective May 29, 1989.)
the entire wastewater works system by: (a) re- 28-16-131. Procurement. Each loan re-
quiring the exclusion of excessive infiltration and cipient shall follow applicable state procurement
inflows from the treatment works; laws and regulations and procedures established
(b) prohibiting toxic concentrations of toxic by the secretary. The approval of the secretary is
materials in wastewater introduced into the treat- required prior to procurement. (Authorized by
ment works; and and implementing K.S.A. 1988 Supp. 65-3323; ef-
(c) prohibiting other pollutants in amounts or fective May 29, 1989.)
concentrations that:
(1) endanger public safety or the physical in- 28-16-132. Fair labor standards. Bid-
tegrity of the treatment works; or ding documents for each wastewater treatment
(2) cause violation of effluent or water quality works equivalency project shall include the pre-
limitations or cause residue or sludge processing vailing wage rates established for the locality by
or disposal problems. (Authorized by K.S.A. 1988 the U.S. department of labor under the federal
Supp. 65-3323; implementing K.S.A. 1988 Supp. Davis-Bacon act. (Authorized by K.S.A. 1988
65-3322 and 65-3326; effective May 29, 1989.) Supp. 65-3323; implementing K.S.A. 1988 Supp.
65-3322; effective May 29, 1989.)
28-16-128. User charge system. Each
loan applicant for a sewerage facility project shall 28-16-133. Small minority and women’s
develop, and subsequent to the secretary’s review business enterprises. Each loan recipient for a
and approval, adopt a user charge system which wastewater treatment works equivalency project
shall produce adequate revenues for operation shall assure that affirmative steps were taken to
and maintenance of the entire wastewater works, utilize small, minority and women’s businesses as
including minor replacement. The user charge sources of supplies, construction and services. Af-
system shall be based on either actual use of the firmative steps shall be documented and submit-
wastewater works, ad valorem taxes or a combi- ted to the department. Project-specific goals may
nation of the two. An ad valorem tax may only be be set by the secretary. (Authorized by K.S.A.

223
28-16-134 KANSAS DEPT. OF HEALTH AND ENVIRONMENT

1988 Supp. 65-3323; implementing K.S.A. 1988 and population growth, existing in debt obliga-
Supp. 65-3322; effective May 29, 1989.) tions, revenues, project costs, and effects on user
28-16-134. Projects documents. (a) Each charge rates. (Authorized by and implementing
loan applicant for a sewerage facility projects shall K.S.A. 1988 Supp. 65-3323; effective May 29,
submit, for the secretary’s review and approval, 1989.)
the following documents: 28-16-136. Public participation. Each
(1) A completed loan application on applica- loan recipient shall conduct a minimum of one
tion forms furnished by the department; public meeting and one public hearing prior to
(2) A facilities plan that establishes the need execution of the loan agreement.
for the project; (a) A public meeting shall be conducted during
(3) Complete design plans, specifications, and the preparation of the facilities plan, nonpoint
construction bidding documents, including de- source pollution control management plan or
tailed cost estimates necessary for competitive
groundwater quality protection plan to discuss
bidding, and projected construction and payment
project alternatives. Public notice shall be given
schedules;
not less than 15 days before the public meeting.
(4) A plan of operation, including an overall
project completion schedule, annual operating (b) Prior to the adoption by the governing body
cost projections for a minimum of five years, a and submission to the secretary for approval of the
description of the financial management system, facilities plan, nonpoint source pollution control
and projected revenues to operate and maintain management plan or groundwater quality protec-
the entire facility. Revenue projections shall also tion plan, a public hearing shall be conducted.
include the loan repayment obligations; and Public notice shall be given not less than 30 days
(5) A facility operations manual, which shall be before the public hearing. (Authorized by K.S.A.
submitted before 90% of the project is completed. 1988 Supp. 65-3323; implementing K.S.A. 1988
(b) Each loan applicant for a nonpoint source Supp. 65-3322; effective May 29, 1989.)
pollution control management plan implementa- 28-16-137. Environmental review. (a)
tion or groundwater quality protection project
The Kansas environmental review procedure for
shall submit, for the secretary’s review and ap-
the Kansas water pollution control revolving loan
proval, the following documents:
(1) A completed loan application on applica- program, dated February, 1989 is adopted by ref-
tion forms furnished by the department; erence as the required environmental procedure
(2) Planning documents or any assessment for an equivalency project.
which establishes the need for the project; (b) For an equivalency project, 40 CFR,
(3) Documents needed to plan the construc- 6.508(a), 6.511(b) and 6.512 as in effect on July 1,
tion of the project. 1988, are adopted by reference.
(4) A plan of operation and maintenance to as- (c) Those members of the public who partici-
sure project performance for the design life of the pate in the environmental review process shall
project; and have the right to appeal the decisions made within
(5) A binding assurance that adequate financial that process. All such appeals shall be conducted
resources will be available for operation and main- pursuant to the Kansas administrative procedures
tenance of the project during the life of the pro- act and the act for judicial review set forth in
ject. (Authorized by and implementing K.S.A. K.S.A. 1988 Supp. 77-501 et seq. and K.S.A. 77-
1988 Supp. 65-3323; effective May 29, 1989.) 601 et seq., respectively.
28-16-135. Financial capability. As part (d) When used in any provision adopted from
of the loan application, each loan applicant shall 40 CFR Part 6, references to ‘‘EPA’’ shall be re-
demonstrate and certify to the secretary that the placed with the Kansas department of health and
applicant has the financial capability to repay the environment; ‘‘grant’’ shall be replaced with loan
loan and to cover the costs of operation and main- agreement; ‘‘grantee’’ shall be replaced with ap-
tenance of the entire system of which the pro- plicant. (Authorized by K.S.A. 1988 Supp. 65-
posed project is an integral part. The financial as- 3323; implementing K.S.A. 1988 Supp. 65-3322;
sessment shall cover the life of the loan obligations effective May 29, 1989; amended, T-28-10-17-89,
and consider, as a minimum, changes in economic Oct. 17, 1989; amended Dec. 26, 1989.)

224
 WATER POLLUTION CONTROL 28-16-154

28-16-138. Project accounts. Each loan sludge use or disposal practice), under the terms
recipient shall maintain project accounts in ac- of the general permit unless the general permit,
cordance with or similar to generally accepted in accordance with paragraph (b)(2)(v) of this sec-
government accounting standards defined in the tion, contains a provision that a notice of intent is
1988 edition of the Government Accounting, Au- not required or the director notifies a discharger
diting, and Financial Reporting manual issued by or treatment works treating domestic sewage that
the Government Finance Officers Association. it is covered by a general permit in accordance
(Authorized by K.S.A. 1988 Supp. 65-3323; im- with paragraph (b)(2)(vi) of this section. A com-
plementing K.S.A. 1988 Supp. 65-3322; effective plete and timely notice of intent (NOI) to be cov-
May 29, 1989.) ered in accordance with general permit require-
ments, fulfills the requirements for permit
28-16-150. Scope. The provisions of
applications for purposes of K.A.R. 28-16-59.’’
K.A.R. 28-16-150 through 28-16-154, inclusive
and any amendments to those regulations, shall (c) The provisions of 40 CFR 122.28(b)(2)(ii)
apply to the issuance of each general permit for shall be modified as follows: ‘‘(ii) The contents of
water pollution control. (Authorized by K.S.A. 65- each notice of intent shall be specified in each
165; implementing K.S.A. 65-165 and K.S.A. 65- general permit and shall require the submission
171d; effective Sept. 27, 1993.) of information necessary for adequate program
implementation, including at a minimum, the le-
28-16-151. Definitions. 40 CFR 122.2 as gal name and address of the owner, the legal name
in effect on July 1, 1991 is adopted by reference. and address of the operator if different from the
(Authorized by K.S.A. 65-165; implementing owner, the facility name and address, the type of
K.S.A. 65-165 and K.S.A. 65-171d; effective Sept. facility, the type of discharge(s), the number of
27, 1993.) discharge points, the location using the public
28-16-152. Coverage. 40 CFR 122.28(a) land survey system of each discharge point, and
as in effect July 1, 1991, as amended at 57 FR the receiving stream(s). A general permit for
11412, April 2, 1992 is adopted by reference. (Au- storm water discharge associated with industrial
thorized by K.S.A. 65-165; implementing K.S.A. activity from inactive mining, inactive oil and gas
65-165 and K.S.A. 65-171d; effective Sept. 27, operations, or inactive landfills occurring on fed-
1993.) eral lands where an operator cannot be identified
may contain alternative notice of intent require-
28-16-153. Administration. 40 CFR ments. Each notice of intent shall be signed in
122.28(b)(1), (2), and (3)(i), (iii), (iv), and (v), as accordance with K.A.R. 28-16-59(e).’’
in effect on July 1, 1991, as amended at 57 FR (d) The provisions of 40 CFR 122.28(b)(3)(iii)
11412, April 2, 1992 are adopted by reference, shall be modified as follows: ‘‘(iii) Any owner or
with the following modifications or exceptions. (a) operator authorized by a general permit may re-
The provisions of 40 CFR 122.28(b)(1) shall be quest to be excluded from the coverage of the
modified as follows: ‘‘(1) In general. General per- general permit by applying for an individual per-
mits may be issued, modified, revoked and reis- mit. The owner or operator shall submit an appli-
sued, or terminated in accordance with K.A.R. 28- cation under K.A.R. 28-16-59, with reasons sup-
16-59 through 28-16-62 inclusive, and K.A.R. porting the request, to the director no later than
28-16-154.’’ 90 days after the publication of the general permit
(b) The provisions of 40 CFR 122.28(b)(2)(i) by a state in accordance with applicable state law.
shall be modified as follows: ‘‘(i) Except as pro- Each request shall be processed under applicable
vided in paragraphs (b)(2)(v) and (b)(2)(vi) of this state procedures. The request shall be granted by
section, each discharger or treatment works treat- issuing an individual permit if the reasons cited by
ing domestic sewage seeking coverage under a the owner or operator are adequate to support the
general permit shall submit to the director a writ- request.’’ (Authorized by K.S.A. 65-165; imple-
ten notice of intent to be covered by the general menting K.S.A. 65-165 and K.S.A. 65-171d; effec-
permit. Any discharger or treatment works treat- tive Sept. 27, 1993.)
ing domestic sewage who fails to submit a notice
of intent in accordance with the terms of the per- 28-16-154. Incorporation. 40 CFR
mit shall not be authorized to discharge, (or in the 124.10(d)(1)(i) through (v) and (vii) as in effect on
case of sludge disposal permit, to engage in a July 1, 1991, are adopted by reference except that

225
28-17-1 KANSAS DEPT. OF HEALTH AND ENVIRONMENT

the provisions of 40 CFR 124.10(d)(1)(v) shall be is requested, or for each fractional part of a five-
modified as follows: ‘‘(v) A brief description of the year period of years.
comment procedures required by K.A.R. 28-16- (c) For any search of the files necessary for
61(c) and (d) and the time and place of any hear- preparing an amendment to a standard birth,
ing that will be held, including a statement of pro- death, marriage or divorce certificate already on
cedures to request a hearing, unless a hearing has file, the fee shall be $10.00.
already been scheduled, and other procedures by (d) For non-certified copies of certificates or
which the public may participate in the final per- parts of certificates requested for statistical re-
mit decision.’’ (Authorized by K.S.A. 65-165; im- search purposes, the fee and the manner in which
plementing K.S.A. 65-165 and K.S.A. 65-171d; ef- the fee is to be paid shall be determined by the
fective Sept. 27, 1993.) state registrar on the basis of costs for providing
those services. (Authorized by and implementing
Article 17.—DIVISION OF VITAL K.S.A. 23-110, K.S.A. 65-2418, as amended by
STATISTICS 1993 HB 2008, Sec. 15 and K.S.A. 65-2420, ef-
fective Jan. 1, 1966; amended Jan. 1, 1968;
28-17-1. Enforcement of uniform vital amended, E-78-18, July 7, 1977; amended May 1,
statistics act. Any violation of K.S.A. 65-2401 et 1978; amended May 1, 1983; amended, T-84-13,
seq., rules and regulations shall be immediately July 1, 1983; amended May 1, 1984; amended
reported to the state registrar who shall immedi- May 1, 1988; amended Oct. 7, 1991; amended, T-
ately report such cases to the county attorney, or 28-9-25-92, Sept. 25, 1992; amended Nov. 16,
the official acting in that capacity, for prosecution, 1992; amended Aug. 16, 1993.)
as provided in K.S.A. 65-2434. (Authorized by
K.S.A. 65-2402, 65-2406, as amended by L. 1990, 28-17-7. (Authorized by K.S.A. 65-2402,
Chap. 226; implementing K.S.A. 65-2434; effec- implementing K.S.A. 65-2422, effective Jan. 1,
tive Jan. 1, 1966; amended Oct. 22, 1990.) 1966; amended May 1, 1986; amended May 1,
1987; revoked Oct. 22, 1990.)
28-17-2. (Authorized by K.S.A. 65-2404; ef-
fective Jan. 1, 1966; revoked May 1, 1986.) 28-17-8. (Authorized by K.S.A. 65-2402;
implementing 65-2419; effective Jan. 1, 1966;
28-17-3. (Authorized by K.S.A. 65-2431; ef- amended May 1, 1986; revoked May 10, 1996.)
fective Jan. 1, 1966; revoked Oct. 22, 1990.)
28-17-9. Approval of application for de-
28-17-4. (Authorized by K.S.A. 65-2430;
layed birth certificate. Each application for a
implementing K.S.A. 65-2430; effective Jan. 1,
delayed birth certificate, including completed
1966; amended May 1, 1983; revoked Oct. 22,
forms, as required, and documentary evidence,
1990.)
shall be examined, abstracted, and filed or re-
28-17-5. (Authorized by K.S.A. 65-2402 jected only in the office of vital statistics of the
and implementing K.S.A. 65-2409, as amended by department. (Authorized by K.S.A. 65-2402; im-
L. 1990, Chap. 226; effective Jan. 1, 1966; plementing 65-2420; effective Jan. 1, 1966;
amended Oct. 22, 1990; revoked May 10, 1996.) amended May 1, 1986.)
28-17-6. Fees for copies and searches. 28-17-10. Application form require-
(a) Subject to the restrictions of K.S.A. 65-2418, ments for registration of delayed birth certif-
K.S.A. 65-2422 and K.S.A. 65-2423, and any icate. Requirements for registration of a delayed
amendments to those statutes, certified copies of birth certificate shall be the following: The de-
certificates or parts of certificates shall be fur- layed birth certificate shall be filled out giving
nished by the state registrar upon request by an facts as at the time of birth, signed before a notary
authorized applicant and payment of the required public, or person duly authorized to administer
fee. The fee for making and certifying such copies oath, by the registrant if over 18 years of age. If
shall be $10.00 for the first copy and $5.00 for under age 18, the delayed certificate shall be
each additional copy of the same record requested signed by the parent, older relative or attending
at the same time. physician. The delayed birth certificate shall be
(b) For any search of the files and records supported by the following evidence:
when no certified copy is made, the fee shall be (1) Two original documents or certified or pho-
$10.00 for each five-year period for which a search tostatic copies of original documents executed at

226