The following terms and abbreviations shall be applicable to
K.A.R.
28-16-160 through
K.A.R.
28-16-174 and shall have the meanings
specified in this regulation. Terms and abbreviations not defined in this
regulation shall have the meanings specified in
K.S.A. 65-101 et seq. and amendments thereto;
articles 5, 13, 16, and 30; or the clean water act (CWA). For
K.A.R.
28-16-160 through
28-16-174, the definitions
prescribed in this regulation shall control over any different definitions in
any of the following: articles 5, 13, 16, and 30; federal regulations adopted
by reference in articles 5, 13, 16, and 30; or the clean water act (CWA).
(a) "Change in operation" and
"modification" mean any of the following:
(1)
Any expansion or enlargement of a wastewater treatment system beyond the scope
or boundaries established by a permit or KDHE-approved plans and
specifications;
(2) any change or
increase in production or wastewater-generating activities resulting in a
change in the quantity or quality of the sewage or wastewater being generated;
or
(3) any modification to the
wastewater treatment system or an increase in the wastewater treatment system
capacity beyond that addressed by the permit application, authorized by a
permit, or authorized by KDHE-approved plans and specifications. As used in
these regulations, a "modification" to a wastewater treatment system shall
exclude routine cleaning, normal maintenance, and routine minor bank erosion
repairs.
(b)
"Commercial wastewater treatment system" means a wastewater treatment system
serving a commercial enterprise or group of commercial enterprises for the
purpose of treating primarily domestic sewage by physical, chemical, or
biological means or by a combination of those methods.
(c) "CWA" and "federal clean water act" mean
the federal water pollution control act, 33 U.S.C.
1251 et seq., as in effect
on November 27, 2002.
(d)
"Department" and "KDHE" have the meaning specified in
K.A.R. 28-16-58.
(e) "Director" has the meaning
specified in
K.A.R. 28-16-58.
(f)
"Division" has the meaning specified in
K.A.R. 28-16-58.
(g) "Domestic sewage" has the meaning
specified in
K.A.R. 28-16-56c.
(h)
"Environmental protection agency" and "EPA" have the meaning specified in
K.A.R. 28-16-58.
(i) "Equus Beds,"
for the purpose of these municipal, commercial, and industrial wastewater
lagoon regulations, means the aquifer underlying the sections of land listed in
the following table:
County Range Township Section
Harvey 01W 22S 06, 07, 18, 19, 30, 31
Harvey 01W 23S 06, 07, 17, 18, 19, 20, 21, 22, 27, 28, 29, 30,
31, 32, 33, 34
Harvey 01W 24S 03, 04, 05, 06, 07, 08, 09, 10, 15, 16, 17, 18,
19, 20, 21, 22, 27, 28, 29, 30, 31, 32, 33, 34
Harvey 02W 22S All sections
Harvey 02W 23S All sections
Harvey 02W 24S All sections
Harvey 03W 22S All sections
Harvey 03W 23S All sections
Harvey 03W 24S All sections
McPherson 01W 19S 31, 32, 33, 34, 35
McPherson 01W 20S 02, 03, 04, 05, 06, 07, 08, 09, 10, 11, 14,
15, 16, 17, 18, 19, 20, 21, 22, 27, 28, 29, 30, 31, 32, 33
McPherson 01W 21S 05, 06, 07, 18, 19, 30, 31
McPherson 02W 21S 12, 13, 17, 18, 19, 20, 21, 22, 23, 24, 25,
26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36
McPherson 03W 18S 28, 29, 30, 31, 32, 33
McPherson 03W 19S 04, 05, 06, 07, 08, 09, 15, 16, 17, 18, 19,
20, 21, 22, 27, 28, 29, 30, 31, 32, 33, 34
McPherson 03W 20S 03, 04, 05, 06, 07, 08, 09, 10, 15, 16, 17,
18, 19, 20, 21, 22, 27, 28, 29, 30, 31, 32, 33, 34, 35
McPherson 03W 21S 02, 03, 04, 05, 06, 07, 08, 09, 10, 11, 13,
14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33,
34, 35, 36
McPherson 04W 18S 20, 21, 25, 26, 27, 28, 29, 32, 33, 34, 35,
36
McPherson 04W 19S 01, 02, 03, 04, 09, 10, 11, 12, 13, 14, 15,
22, 23, 24, 25, 26, 27, 34, 35, 36
McPherson 04W 20S 01, 02, 03, 10, 11, 12, 13, 14, 15, 16, 21,
22, 23, 24, 25, 26, 27, 28, 33, 34, 35, 36
McPherson 04W 21S 01, 02, 03, 10, 11, 12, 13, 14, 15, 22, 23,
24, 25, 26, 27, 34, 35, 36
Reno 04W 22S All sections
Reno 04W 23S All sections
Reno 04W 24S All sections
Reno 04W 25S All sections
Reno 04W 26S All sections
Reno 05W 22S All sections
Reno 05W 23S All sections
Reno 05W 24S All sections
Reno 05W 25S All sections
Reno 05W 26S All sections
Reno 06W 22S All sections
Reno 06W 23S All sections
Reno 06W 24S All sections
Reno 06W 25S All sections
Reno 06W 26S All sections
Reno 07W 22S All sections
Reno 07W 23S All sections
Reno 07W 24S All sections
Reno 07W 25S All sections
Reno 07W 26S All sections
Sedgwick 01E 26S 06, 07, 08, 17, 18, 19, 20
Sedgwick 01W 25S 03, 04, 05, 06, 07, 08, 09, 10, 15, 16, 17,
18, 19, 20, 21, 22, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36
Sedgwick 01W 26S 01, 02, 03, 04, 05, 06, 07, 08, 09, 10, 11,
12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 27, 28, 29, 30, 31, 32
Sedgwick 01W 27S 05, 06
Sedgwick 02W 25S All sections
Sedgwick 02W 26S 01, 02, 03, 04, 05, 06, 07, 08, 09, 10, 11,
12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 34, 35, 36
Sedgwick 02W 27S 01
Sedgwick 03W 25S 01, 02, 03, 04, 05, 06, 07, 08, 09, 10, 11,
12, 13, 14, 15, 16, 17, 18, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 33, 34, 35,
36
Sedgwick 03W 26S 01, 02, 03, 04, 11, 12
(j) "Groundwater," for the purpose of these
municipal, commercial, and industrial wastewater lagoon liner regulations,
means water located under the surface of the land that is or can be the source
of supply for wells, springs, seeps, or streams or that is held in aquifers.
For the lagoon regulations, this term shall be considered capable of being a
source of supply for wells if at least one of the following conditions is met:
(1) The groundwater can be produced at a rate
of 10 gallons or more per hour from a borehole with a diameter of nine or fewer
inches. In determining the groundwater production rate for an excavation,
borehole, or existing water or monitoring well, the quantity of produced water
shall be adjusted for comparison purposes to the surface area of a borehole
with a diameter of nine inches.
(2) Groundwater is currently being used
within 1/2 mile of the proposed lagoon, regardless of the rate at which the
groundwater can be produced.
(3)
There is evidence of past groundwater use within 1/2 mile of the proposed
lagoon.
(k)
"Groundwater separation distance," for the purpose of these municipal,
commercial, and industrial wastewater lagoon regulations, means the distance
measured between the bottom of the lagoon and the top of the groundwater table.
The bottom of the lagoon shall be determined by the lowest interior surface
elevation, at finished grade, of the lagoon structure. The top of the
groundwater shall be determined by the upper surface elevation of groundwater
in an aquifer or, if the watertable fluctuates seasonally, the maximum annual
surface elevation of the groundwater based on the average of the previous 10
years of groundwater data, if available.
(l) "Impermeable synthetic membrane liner"
means a commercially manufactured membrane liner composed of synthetic
materials commonly identified as being plastic or plastic polymer materials or
other synthetic materials that, when properly installed, would provide for the
more stringent of either of the following:
(1) A maximum monitored or calculated seepage
rate of 1/64 inch per day; or
(2)
the liner manufacturer's criteria for the material and installation of the
membrane liner expressed in units of volume per area per unit of time (gallons
per square feet per day).
(m) "Industrial wastewater treatment system"
means any of the following:
(1) A wastewater
treatment system serving a city, county, township, sewer district, or other
governmental unit;
(2) a state or
federal agency, establishment, or institution;
(3) an industrial or commercial enterprise;
or
(4) a group or combination of
any of the entities specified in paragraphs (m)(1) through (3) treating
primarily sewage or process-generated wastewater, other than domestic sewage,
by physical, chemical, or biological methods or by a combination of these
methods.
(n) "In
existence," when used to describe a municipal, commercial, or industrial
wastewater treatment system, means that the system meets one of the following
conditions:
(1) Is constructed or installed,
is capable of providing wastewater treatment, and is currently covered by a
valid Kansas water pollution control permit on the effective date of these
regulations;
(2) received the
secretary's approval of construction plans and specifications before the
effective date of these regulations and is under construction within two years
after the date of approval; or
(3)
is under construction, with plans and specifications approved by the secretary,
on the effective date of these regulations.
(o) "Licensed geologist" means a geologist
licensed to practice geology in Kansas by the Kansas board of technical
professions.
(p) "Licensed
professional engineer" means a professional engineer licensed to practice
engineering in Kansas by the Kansas board of technical professions.
(q) "Liner" means any designed barrier in the
form of in situ, layered, membrane, or blanket materials utilized or installed
to reduce the potential for a significant hydrologic connection between sewage
or process-generated wastewaters that are controlled or retained by wastewater
treatment systems and waters of the state.
(r) "Maximum soil liner seepage rate" and
"specific discharge" mean the flow rate through the soil liner, which is
expressed as velocity (distance per unit of time). The maximum soil liner
seepage rate shall be calculated as v = k (h/d), in which "k" is the hydraulic
conductivity (coefficient of permeability) and "(h/d)" is the hydraulic
gradient. The hydraulic gradient is the maximum vertical distance "h" measured
from the liquid surface to the liner bottom, divided by the thickness of the
soil liner "d." When calculating the maximum soil liner seepage rate, the
maximum operating depth, not considering design freeboard, shall be utilized.
(s) "Maximum synthetic membrane
liner leakage rate" means a monitored or calculated leakage rate that is the
more stringent of either 1/64 inch per day or the liner manufacturer's criteria
for the material and installation of the membrane liner expressed in units of
volume per area per unit of time (gallons per square feet per day).
(t) "Minimum standards of design,
construction, and maintenance" means effluent standards, effluent limitations,
pretreatment requirements, other performance standards, and other standards of
design, construction, and maintenance for wastewater control facilities
published by the department as "minimum standards of design for water pollution
control facilities" and adopted by reference in
K.A.R. 28-16-58.
(u) "Monitoring" means procedures using any
of the following methods:
(1) Conducting
inspections of industrial process operations or the operation of municipal,
commercial, or industrial wastewater treatment systems;
(2) the systematic collection and analysis of
data on operational parameters of industrial process operations or the
operation of municipal, commercial, or industrial wastewater treatment systems;
or
(3) the systematic collection
and analysis of data on the quality of the domestic sewage, process wastewater,
wastewater sludge, groundwater, surface water, or soils at or in the vicinity
of the wastewater lagoon or wastewater pond.
(v) "Monitoring well" and "observation well"
mean a well constructed for sampling fluids or groundwater and for observing
subsurface phenomena including the presence of fluids, groundwater elevations,
the direction of groundwater flow, and the velocity of groundwater flow.
(w) "Municipal wastewater
treatment system" means any of the following:
(1) A wastewater treatment system serving a
city, county, township, sewer district, or other governmental unit;
(2) a state or federal agency, establishment,
or institution treating primarily domestic sewage by physical, chemical, or
biological methods or by a combination of these methods; or
(3) a wastewater treatment system operated by
an entity listed in paragraph (w)(1) or (2) that receives significant
quantities of domestic wastewater, process wastewater comprised primarily of
conventional pollutants, non-contact cooling water, boiler blowdown, or process
wastewater identified in
K.A.R. 28-16-162(f) from industrial facilities if the
introduction of these wastes meets the following conditions:
(A) Conforms with the EPA-promulgated
pretreatment standards specified in
K.A.R. 28-16-88 ;
(B) does not interfere or upset the operation
of the wastewater treatment system;
(C) does not cause these wastes to pass
through the treatment system either partially treated or untreated into the
environment in unacceptable concentrations or quantities;
(D) does not cause a violation of the water
pollution control permit;
(E) does
not violate surface water quality standards; and
(F) does not adversely impact use of the
wastewater for irrigation or adversely impact use of wastewater sludge for land
application.
(x) "Oil or gas well" shall have the meaning
assigned to the term "well" in
K.S.A. 55-150, and amendments thereto.
(y) "Permit" and "water pollution control
permit" mean an authorization, license, or equivalent control document issued
by the department. A permit shall not include any document that has not yet
been subject to final action by the department, including a draft or proposed
permit.
(z) "Permittee" means a
person who is authorized by a Kansas water pollution control permit to operate,
or a person who is responsible for overseeing the operation of, a wastewater
treatment system.
(aa) "Person"
has the meaning specified in
K.S.A. 65-170a, and amendments thereto.
(bb) "Pollution" has the meaning specified in
K.S.A. 65-171d, and amendments thereto.
(cc) "Precipitation runoff" and "stormwater
runoff" mean the rainwater or the meltwater that is derived from snow, hail,
sleet, or other forms of atmospheric precipitation and that flows by gravity
over the surface of the land.
(dd)
"Secretary" has the meaning specified in
K.A.R. 28-16-58.
(ee) "Sensitive groundwater areas," for the
purpose of these municipal, commercial, and industrial wastewater lagoon
regulations, means aquifers generally comprised of alluvial aquifers, the area
within the boundaries of the Equus Beds groundwater management district no. 2
(GMD #2), and the Dune Sand Area located south of the great bend of the
Arkansas River. A sensitive groundwater area shall be any section of land
listed in "Kansas sensitive groundwater areas for wastewater lagoons," prepared
by KDHE and dated January 1, 2005, which is hereby adopted by reference.
(ff) "Sewage" and "wastewater"
have the meaning specified in
K.S.A. 65-164, and amendments thereto.
(gg) "Variance" means the secretary's written
approval authorizing an alternative action to any of the requirements of these
municipal, commercial, or industrial wastewater lagoon regulations, the
standards adopted by these regulations, or the "minimum standards of design for
water pollution control facilities," as adopted by reference in
K.A.R.
28-16-58.
(hh) "Wastewater lagoon"
and "wastewater pond" mean excavated or diked structures provided or used for
retaining or treating municipal, commercial, or industrial sewage, process
wastewater, cooling water, or stormwater runoff.
(ii) "Wastewater treatment system" means
structures or devices that collect, store, stabilize, treat, or otherwise
control pollutants so that after the discharge, disposal, or land application
of wastewater treatment sludge or treated wastewater, water pollution will not
occur, and the public health and waters of the state will be protected. This
term shall not include lagoons and earthen basins that are regulated and
permitted as a solid waste processing facility or solid waste landfill pursuant
to K.S.A. 65-3401 et seq., and amendments thereto, and
article 29. Discharges of wastewater from lagoons or earthen basins that are
regulated and permitted as a solid waste processing facility or solid waste
landfill shall be prohibited unless authorized by a Kansas water pollution
control permit.
(jj) "Waters of
the state" has the meaning specified in
K.S.A. 65-161, and amendments thereto.
(kk) "Water well" has the meaning specified
in K.S.A. 82a-1203, and amendments
thereto.
