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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 printe
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  28-16 Kansas Administrative RegulationsKansas Department of Health and EnvironmentNotice to ReaderThe following regulations represent an electronic facsimile of Kansas Administrative Regulations,promulgated by the Kansas Department of Health and Environment and published by the KansasSecretary of State. While every effort has been made to assure the accuracy, these electronic copiesdo not represent the official regulations of the state. The official regulations are the bound copiesprinted by the Secretary of State.Where possible KDHE will append changed regulations to the appropriate article. Once again, thelack 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 InformationKansas 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;and28-16-60 These regulations are highlighted and available in other PDFfiles on theBureau of Water Web Site.  28-16-4 W ATER P OLLUTION C ONTROL 183(2) There shall be a program reviewfee for anyout-of-state laboratory of $75.00 for each type of certification review.(b) The fees set forth in subsection (a) of thisregulation shallbe submitted with the appropriateapplication form provided by the Kansas depart-ment of health and environment.(c) Upon receipt and reviewof the application,a statement ofcertification feesshallbe calculatedand issued to the laboratory, by the departmentas follows.(1) For each type of certificate, excluding fieldlaboratory certification, the annual fee shall be$30.00 for each individual chemical parameterand $50.00 for parametric groups to a maximumof $800.00.(2) The fee for microbiology shall be $200.00.(3) The fee for biomonitoring shall be $200.00.(4) For field laboratorycertification,the fee foreach parameter shall be $90.00.(d) A fee of $50.00 shall be assessed for eachparameter requested as an additional analyte dur-ing the certification period. This fee shall be as-sessed in addition to any maximum limit.(e) Fees shall be remitted in full prior to theissuance of the certificate. Fees shall not be re-funded except in the case of overpayment. Pay-ment of fees shall be made to the Kansas healthand environmental laboratory, laboratory certifi-cation, Kansas department of health and environ-ment, Topeka, Kansas, 66620-0001.(Authorizedby and implementing K.S.A. 65-156, 65-166a;65-1,109a; effective, E-79-14, June 23, 1978; ef-fective May 1, 1979; amended May 1, 1986;amended Jan. 24, 1994.) Article 16.—WATER POLLUTIONCONTROL SEWAGE DISCHARGE PERMITS 28-16-1. Information required. (A) Ap-plication on form furnished by the department.(B) Plans.(C) Specifications.(D) Engineer’s report. (Authorized by K.S.A.65-164, 65-165, 65-171d; effective Jan. 1, 1966.) 28-16-2. Submission of information. Plans, specifications, report and application mustbe submitted to the chief engineer for the boardat least three weeks prior to the date on whichaction is desired. It is not to be inferred, however,that action will always be taken within the timementioned. (Authorized byK.S.A.65-164,65-165,65-171d; effective Jan. 1, 1966.) 28-16-3. Plans. Plansfor sewerage systems,sewer extensions and sewage treatment plantsshall include:(A) Ageneral map of the municipalityor sewerdistrict, showing all proposed and existing streetsand alleys, drawn to a scale not smaller than 300feet to one inch, with all sewer lines, with sizesindicated, and the location of all manholes, clean-outs, and other appurtenances.(B) The profilesofallsewers, with sizesofsew-ers, elevationsofthe sewer invertsofallmanholes,and the grade of the sewers between each twoadjacent manholes plainly stated. At the seweroutlet shall be shown the approximate elevationof the bottom of the stream, or ordinary low wa-ter, and of annual and extraordinary high water.Elevation of extraordinary high water shall beshown on profiles of sewers subject to flooding.Scales of profiles must be clearly stated. The fol-lowing scale is suggested: vertical, 10 feet to 1inch; horizontal, 100 feet to 1 inch.(C) Detaildrawingsofmanholes, cleanouts,in-lets, catch basins, overflows, outlets, and all otherappurtenances must accompany the application.Unless sewers are other than vitrified clay, detaildrawing must be submitted.(D) The plans for the treatment plant shall in-clude: (1) a general layout, showing areas for fu-ture extension, embankments, various parts of plant, course of outfall sewer, outlet, stream withdirection of flow, and any branches in immediateneighborhood, etc.; (2) details of longitudinal andtransverse sections sufficient to make clear theconstruction of each unit. Details of each feature,inlet and outlet devices, baffles, valves, overflows,arrangement of automatic devices, etc., the depthand sizes of filtering media, the method of distri-bution and collection of sewage on the beds, andsuch other information as is necessary for a com-plete understanding of the plans.Each drawing shall have a legible title showingthe name of the town or person for whom thedrawing is made, name of engineer, scale, date,and substance of drawing. (Authorized by K.S.A.65-164, 65-165, 65-171d; effective Jan. 1, 1966.) 28-16-4. Specifications. Specifications forthe construction of the work shall accompany allplans for newor srcinalsystems. Where plansarefor extensions to systems, the specifications maybe omitted, provided it is stated that work is to be  28-16-5 KANSAS DEPT. OF HEALTH AND ENVIRONMENT184constructed under specificationsalreadyon file. Itis desired that the estimate of cost be included,but this is not compulsory. (Authorized by K.S.A.65-164, 65-165, 65-171d; effective Jan. 1, 1966.) 28-16-5. Engineer’s report. A compre-hensive report of the proposed work, written orapproved bythe consulting or designingengineer,must accompany all plans for a complete systemor treatment plant, and must give all data uponwhich the design is based, such as informationconcerning sewer systems:(A) The nature and extent of the area includedwith the present system of sewerage, and of thearea which it isplanned shalldrain intothissystemultimately.(B) Population to be served, present and fu-ture, estimated for twenty-five years.(C) The estimated dailyper capita flowof sew-age, and the total and per capita water consump-tion of the town at the present time.(D) The allowance made for infiltration.(E) The estimated daily flow of sewage.(F) The character of the sewage. If domesticand trade wastes, estimate nature, and approxi-mate quantity of each.(G) Method of flushing or cleaning sewers.(H) Portion to be built at present time.(I) Minimum and maximum grade of sewers of each size.(J) If there are sections which cannot gradeinto this system, the extent of such sections andthe probable future disposition of sewage fromthese sections.(K) Distance of houses or buildings from pro-posed outlet or treatment plant.(L) Approximate maximum and minimum flowof water in stream receiving flow of sewage.(M) Drainage area above outlet or treatmentplant.(N) Nearest water supplies taken from streambelow plant or outlet; above plant or outlet. Damsin vicinityofplant or outlet. (Authorized byK.S.A.65-164, 65-165, 65-171d; effective Jan. 1, 1966.) 28-16-6. Information concerning treat-ment plant. In addition to that concerning sewersystems: Engineer’s report should cover the fol-lowing points: method of treatment and descrip-tion of units; rate of loading; nature of body of water; disposal of sludge; special devices; specialmethods of maintenance or operation; results ex-pected from treatment plant. Explain anyreserveunits in pipelines, filters, tanks, etc. Describepumping unit if sewage is pumped, and any au-tomatic arrangements. (Authorized by K.S.A. 65-164, 65-165, 65-171d; effective Jan. 1, 1966.) 28-16-7. Deviation from plans. Thereshall be no deviation from plans submitted to andapproved by the department, unless amendedplans showing proposed changes have been sub-mitted to and approved by the department. Cop-ies of approved plans, specifications, applicationand report must be filed with the department andpermit obtained before the contract for the work is let. (Authorized by K.S.A. 65-164, 65-165, 65-171d; effective Jan. 1, 1966.) 28-16-8 to 28-16-10. (Authorized byK.S.A. 65-170, 65-171d; effective Jan. 1, 1966; re-voked Jan. 1, 1972.) RIVER BASIN WATER QUALITYCRITERIA 28-16-11 to 28-16-26. (Authorized byK.S.A. 1971 Supp. 65-165 through 65-171d; ef-fective, E-67-6, May 31, 1967; effective Jan. 1,1968; amended, E-71-12, Feb. 1, 1971; amendedJan. 1, 1972; revoked, E-73-16, May 18, 1973; re-voked Jan. 1, 1974.) 28-16-27. Emergency or accidental dis-charge of sewage or other detrimental ma-terial into waters; report to department of health. The owner or person responsible for thedischarge of sewage or other materials detrimen-tal to the qualityof waters of the state, under con-ditions other than provided for by a valid permitissued by the secretary of the state board of health, shall report such discharge to the state de-partment ofhealth,environmentalhealth services.When sewage treatment facilities or portionsthereof are programmed for bypassing for cause,which results in reduced treatment efficiencybe-low acceptable levels, the owner or his represen-tative shall notify and receive approval from thestate department of health at least seven (7) daysprior to such discharge.Emergency or accidental discharge of sewageor other materials detrimental to the quality of waters of the state shall be immediately reportedto the state department of health by the owner of the treatment plant or his representative. In theevent the water pollution-causing material is intransit or in storage within the state, it shallbe theresponsibility of the owner, the carrier, or personresponsible for storage, to immediately notify thestate department of health that the pollutant has  28-16-28b W ATER P OLLUTION C ONTROL 185gained admittance or there is the potential thepollutant will gain admittance to waters of thestate. (Authorized by K.S.A. 65-164, 65-169, 65-171a, 65-171f, K.S.A. 1968 Supp. 65-165, 65-166,65-167, 65-171d, 65-171h; effective Jan. 1, 1969.) 28-16-28. (Authorized by K.S.A. 1977Supp. 65-165 through 65-171d; effective, E-73-16, May18, 1973;effective Jan. 1,1974;amended,E-76-3, Jan. 1, 1975; amended May 1, 1975;amended May 1, 1978; revoked May 1, 1986.) 28-16-28a. (Authorized by K.S.A. 1977Supp. 65-165, 65-166, 65-166a, 65-167, 65-169,65-170, 65-171athrough 65-171d;effective,E-76-15, Feb. 28, 1975; effective May 1, 1976;amended May 1, 1978; revoked May 1, 1986.) SURFACE WATER QUALITYSTANDARDS 28-16-28b. Definitions. As used in theseregulations: (a) ‘‘A condition of acute toxicity’’means any concentration of a toxic substance thatexceeds the applicable acute criterion for aquaticlife support presented in K.A.R. 28-16-28e or, forsubstances not listed in K.A.R. 28-16-28e or forcomplexmixtures of toxic substances, anyconcen-tration that exceeds 0.3 times the median lethalconcentration determined through laboratorytox-icity tests conducted in accordance with theUnited States environmental protection agency’s‘‘Methods for Measuring the Acute ToxicityofEf-fluents to Freshwater and Marine Organisms,’’fourth edition, as published in September 1991and hereby adopted by reference.(b) ‘‘Acondition of chronic toxicity’’meansanyconcentration ofatoxicsubstance that exceedstheapplicable chronic criterion for aquatic life sup-port presented in K.A.R. 28-16-28e or, for sub-stances not listed in K.A.R. 28-16-28e or for com-plex mixtures of toxic substances, anyconcentration that exceedsthe no-observed-effectlevel determined through laboratory toxicity testsconducted in accordance with the United Statesenvironmental protection agency’s ‘‘Short-TermMethods for Estimating the Chronic Toxicity of Effluents and Receiving Waters to FreshwaterOrganisms,’’ second edition, as published inMarch 1989 and hereby adopted by reference.(c) ‘‘Alluvial aquifer’’means the sediment thatis associated with and deposited by a stream, andthat contains water capable of being producedfrom a well.(d) ‘‘Antidegradation’’meansthe regulatoryac-tions and measures taken to prevent or minimizethe lowering of water quality in surface waters of the state, including those streams, lakes and wet-lands wherein existing water quality exceeds thelevel required for maintenance and protection of the existing and designated uses.(e) ‘‘Artificial sources’’ means sources of pol-lution that result from human activities which canbe abated by construction of control structures,modification of operating practices, complete re-straint of activities, or some combination of thesemethods.(f) ‘‘Base flow’’meansthat portion ofastream’sflow contributed by sources of water other thanprecipitation runoff. Where used in this regula-tion in the context of stream classification, theterm refers to a fair weather flow sustained pri-marily by springs or groundwater seepage, waste-water discharges, irrigation return flows, releasesfrom reservoirs, or some combination ofthese fac-tors.(g) ‘‘Bioaccumulation’’ means the accumula-tion of toxic substances in plant or animal tissuethrough either bioconcentration or biomagnifica-tion.(h) ‘‘Bioassessment methods and procedures’’means the use of biological methods of assessingsurface water qualityincluding, but not limited to,field investigations of aquatic organisms and lab-oratory or field aquatic toxicity tests.(i) ‘‘Bioconcentration’’ means the concentra-tion and incorporation of toxic substances intobody tissues from ambient sources.(j) ‘‘Biomagnification’’ means the transport of toxic substances through the food chain, throughsuccessive cycles of eating and being eaten, andthe subsequent accumulation and concentrationof such substances in higher-order consumersandpredators.(k) ‘‘Biota’’ means the animal and plant life of a given geographical region.(l) ‘‘Carcinogenic’’ means having the propertyof inducing the production of cancerous cells inorganisms.(m) ‘‘Classified surface water’’ means any sur-face water or surface water segment that supports,or in the absence of artifical sources of pollutionwould support, one or more ofthe designated usesof surface water defined in K.A.R. 28-16-28d(a),or that otherwise meets the criteria for classifica-tion given in K.A.R. 28-16-28d(b).(n) ‘‘Compliance schedule’’ means any provi-sion in a discharge permit or license issued bythedepartment pursuant to the federal clean water
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