Kan. Admin. Regs. § 28-16-161 - Municipal and commercial lagoons: general provisions
The following general provisions shall apply to municipal and commercial wastewater treatment system lagoons.
(a) New or modified municipal or commercial
wastewater treatment system lagoons shall be prohibited if the groundwater
separation distance between the lagoon bottom and the groundwater table is 10
feet or less.
(b) For each new or
modified lagoon, the permittee may employ a constructed soil liner if the
maximum soil liner seepage rate is less than 1/4 inch per day and the lagoon is
not constructed over sensitive groundwater areas, including the Equus Beds.
(c) For each new or modified
lagoon constructed over sensitive groundwater areas, excluding the Equus Beds,
the permittee may employ a constructed soil liner if the maximum soil liner
seepage rate is less than 1/10 inch per day.
(d) For each new or modified lagoon
constructed over the Equus Beds, the permittee shall, at a minimum, employ a
single impermeable synthetic membrane liner and provide for the installation
and sampling of groundwater monitoring wells as specified in K.A.R. 28-16-171.
Constructed soil liners may be employed if all of the following conditions are
met:
(1) The groundwater separation distance
between the lagoon bottom and the groundwater table is greater than 10 feet.
(2) The hydrogeologic information
developed for the site indicates that in situ soils exist in sufficient
quantity to provide an effective pollution barrier to protect groundwater.
(3) A constructed soil liner will
provide a maximum soil liner seepage rate of less than 1/10 inch per day.
(4) The design provides for the
installation and sampling of groundwater monitoring wells as specified in
K.A.R. 28-16-171.
(e)
For each new or modified lagoon, the permittee may utilize a single impermeable
synthetic membrane liner, in lieu of a constructed soil liner.
(f) Municipal and commercial wastewater
treatment system lagoons in existence on the effective date of this regulation
shall not be required to be modified or retrofitted to comply with the
provisions of this regulation, unless either of the following occurs:
(1) The secretary determines that
environmental or public health threats result from the operation of the lagoon,
or data exists showing the actual or potential soil or water pollution.
(2) The modification, replacement,
or expansion of a municipal or commercial wastewater lagoon results in the
lagoon being dewatered, and the secretary orders the implementation of specific
lagoon improvements to address conditions that result in noncompliance with
statutory, regulatory, or permit requirements or that fail to ensure protection
of public health or the environment. The permittee shall implement the specific
improvements required by the secretary.
(g) For the purpose of K.A.R. 28-16-160
through K.A.R. 28-16-174, an actual or potential environmental or public health
threat may be deemed to exist if physical, chemical, biological, or
radiological substances, or a combination of these substances, is released into
subsurface waters of the state and results in a concentration or amount of a
substance in excess of the numerical criteria designated for aquatic life
protection, agricultural use, or public health protection as provided in the
"Kansas surface water quality standards: tables of numeric criteria," dated
December 6, 2004, which is adopted by reference in K.A.R. 28-16-28e. If the
background concentration of a substance is naturally occurring and is greater
than the numerical criteria, the background concentration shall be considered
the criteria.
(h) No person shall
construct, operate, or maintain any municipal or commercial wastewater lagoon
without obtaining a permit or permit modification from the department.
Notes
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