Kan. Admin. Regs. § 28-16-153 - Administration
40 CFR 122.28(b)(1), (2), and (3)(i), (iii), (iv), and (v), as in effect on July 1, 1991, as amended at 57 FR 11412, April 2, 1992 are adopted by reference, with the following modifications or exceptions.
(a) The
provisions of 40 CFR
122.28(b)(1) shall be
modified as follows:
(b) The
provisions of 40 CFR
122.28(b)(2)(i) shall be
modified as follows: "(i) Except as provided in paragraphs (b)(2)(v) and
(b)(2)(vi) of this section, each discharger or treatment works treating
domestic sewage seeking coverage under a general permit shall submit to the
director a written notice of intent to be covered by the general permit. Any
discharger or treatment works treating domestic sewage who fails to submit a
notice of intent in accordance with the terms of the permit shall not be
authorized to discharge, (or in the case of sludge disposal permit, to engage
in a sludge use or disposal practice), under the terms of the general permit
unless the general permit, in accordance with paragraph (b)(2)(v) of this
section, contains a provision that a notice of intent is not required or the
director notifies a discharger or treatment works treating domestic sewage that
it is covered by a general permit in accordance with paragraph (b)(2)(vi) of
this section. A complete and timely notice of intent (NOI) to be covered in
accordance with general permit requirements, fulfills the requirements for
permit applications for purposes of K.A.R. 28-16-59."
(c) The provisions of
40 CFR
122.28(b)(2)(ii) shall be
modified as follows: "(ii) The contents of each notice of intent shall be
specified in each general permit and shall require the submission of
information necessary for adequate program implementation, including at a
minimum, the legal name and address of the owner, the legal name and address of
the operator if different from the owner, the facility name and address, the
type of facility, the type of discharge(s), the number of discharge points, the
location using the public land survey system of each discharge point, and the
receiving stream(s). A general permit for storm water discharge associated with
industrial activity from inactive mining, inactive oil and gas operations, or
inactive landfills occurring on federal lands where an operator cannot be
identified may contain alternative notice of intent requirements. Each notice
of intent shall be signed in accordance with K.A.R. 28-16-59(e)."
(d) The provisions of
40 CFR
122.28(b)(3)(iii) shall be
modified as follows: "(iii) Any owner or operator authorized by a general
permit may request to be excluded from the coverage of the general permit by
applying for an individual permit. The owner or operator shall submit an
application under K.A.R. 28-16-59, with reasons supporting the request, to the
director no later than 90 days after the publication of the general permit by a
state in accordance with applicable state law. Each request shall be processed
under applicable state procedures. The request shall be granted by issuing an
individual permit if the reasons cited by the owner or operator are adequate to
support the request."
Notes
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