(a) Each permit
applicant or permittee proposing a new municipal, commercial, or industrial
wastewater treatment lagoon that will employ an impermeable synthetic membrane
liner shall, when submitting construction plans and specifications to the
secretary for review and consideration for approval, also submit information
addressing each method to be employed for postconstruction testing of the
impermeable synthetic membrane liner to ensure that it is installed properly
and for compliance with the required maximum synthetic membrane liner leakage
rate. Each proposed test method shall provide an appropriate degree of
monitoring sensitivity and accuracy in addressing the following test variables:
(1) The maximum synthetic membrane liner
leakage rate;
(2) the surface area
of the lagoon being tested;
(3)
the proposed duration of the test;
(4) the time of year and general weather
conditions expected during the test period;
(5) the proposed monitoring equipment;
(6) the expected magnitude of
evaporation during the test period;
(7) the degree that wind and wave action will
impact measurement accuracy; and
(8) the frequency of data collection during
the test period.
(b)
Within 45 days following the completion of construction, the permittee or
applicant shall submit to the department a certification and, if requested, any
supporting documentation, confirming that the wastewater lagoon and the
wastewater lagoon liner system were constructed in accordance with the plans
and specifications approved by the secretary.
(c) The certification shall be signed by the
licensed professional engineer who monitored the construction activities and
installation of the impermeable synthetic membrane liner or liner system. The
licensed professional engineer's certification shall be based on actual
observations during construction and installation and any field or laboratory
data developed during or following construction or installation.
The construction and installation activities and any testing or
sample collection for field or laboratory data developed during or following
construction and installation shall be directly observed by the licensed
professional engineer or designee. The monitoring of construction and
installation activities or the collection of samples or data shall be conducted
by a licensed professional engineer or a designee under the licensed
professional engineer's direct supervision.
(d)
(1)
Within two months, or an alternative time frame proposed by the design engineer
and approved by secretary, and following approval by the secretary to initiate
the filling or use of the lagoon, the permittee shall conduct and report, to
KDHE, the results of the postconstruction testing of the impermeable synthetic
membrane liner or liner system for compliance with the required maximum
synthetic membrane liner leakage rate. This report shall meet the requirements
specified in paragraph (d)(2). If the required maximum synthetic membrane liner
leakage rate can not be met, the report shall provide a plan and schedule of
proposed actions required to achieve compliance, for review and consideration
for approval by the secretary.
(2)
The postconstruction testing specified in paragraph (d)(1) shall be conducted
in conformance with the method or methods approved by the secretary, pursuant
to subsection (a), to ensure the protection of public health and the
environment. The postconstruction monitoring or testing of the synthetic
membrane liner or liner system shall be conducted by a licensed professional
engineer or a designee, under the engineer's supervision.
The permittee shall provide a certification signed by the
licensed professional engineer as to whether or not the synthetic membrane
liner or liner system complies with the maximum synthetic membrane liner
leakage rate.
(e) Each permit applicant, when directed by
the secretary, shall notify the department a minimum of two days before
performing any leak-detection testing, on the entire liner, to allow the
opportunity for department staff to witness the test.
Notes
Kan. Admin. Regs.
§
28-16-168
Authorized by K.S.A. 2004
Supp.
65-171d and
K.S.A. 65-171h; implementing
K.S.A. 65-164,
K.S.A. 65-165,
K.S.A. 65-166,
K.S.A. 65-170b, K.S.A. 2004 Supp.
65-171d, and
K.S.A. 65-171h; effective May 20, 2005.
