As used in K.A.R. 28-16-28b through
each of the following terms shall have the meaning specified in this
(a) "Alluvial aquifer"
means the sediment that is associated with and deposited by a stream and that
contains water capable of being produced from a well.
(b) "Alternate low flow" means a low flow
value, which is an alternate to the 7Q10 flow, that is based seasonally,
hydrologically, or biologically, or a low flow determined through a water
assurance district. Wherever used in this regulation in the context of mixing
zones, the term shall refer to a minimum amount of streamflow occurring
immediately upstream of a wastewater discharge and available, in whole or in
part, for dilution and assimilation of wastewater discharges.
(c) "Antidegradation" means the regulatory
actions and measures taken to prevent or minimize the lowering of water quality
in surface waters of the state, including those streams, lakes, and wetlands in
which existing water quality exceeds the level required for maintenance and
protection of the existing uses.
(d) "Artificial sources" means sources of
pollution that result from human activities and that can be abated by
construction of control structures, modification of operating practices,
complete restraint of activities, or any combination of these
concentration" means the concentration of any elemental parameter listed in
tables 1a, 1b, 1c, and 1d of the "Kansas surface water quality standards:
tables of numeric criteria," which is adopted by reference in
, or any elemental substance meeting
the definition of pollutant in this regulation, that occurs in a surface water
immediately upstream of a point source or nonpoint source under consideration
and is from natural sources. The list of background concentration
determinations for classified waterbodies of the state is contained in table 1h
of the "Kansas surface water quality standards: tables of numeric
(f) "Base flow" means
that portion of a stream's flow contributed by sources of water other than
precipitation runoff. Wherever used in this regulation in the context of stream
classification, the term shall refer to a fair-weather flow sustained primarily
by springs or groundwater seepage, wastewater discharges, irrigation return
flows, releases from reservoirs, or any combination of these factors.
(g) "Bioaccumulation" means the accumulation
of toxic substances in plant or animal tissue through either bioconcentration
"Bioassessment methods and procedures" means the use of biological methods of
assessing surface water quality, including field investigations of aquatic
organisms and laboratory or field aquatic toxicity tests.
(i) "Bioconcentration" means the
concentration and incorporation of toxic substances into body tissues from
"Biomagnification" means the transport of toxic substances through the food
chain through successive cycles of eating and being eaten and through the
subsequent accumulation and concentration of these substances in higher-order
consumers and predators.
"Biota" means the animal and plant life and other organisms of a given
"Carcinogenic" means having the property of inducing the production of
cancerous cells in organisms.
"Classified surface water" means any surface water or surface water segment
that supports or, in the absence of artificial sources of pollution, would
support one or more of the designated uses of surface water defined in
, and amendments thereto, and that
meets the criteria for classification in
(n) "Compliance schedule" means any provision
in a discharge permit, license, or enforceable order issued by the department
pursuant to the federal clean water act or
65-165 et seq., and amendments thereto, that,
for the purposes of meeting water quality-based effluent limitations,
technology-based limits, and effluent limitations determined by the secretary
or specified in Kansas statutes and regulations, provides a specified period of
time for the construction or renovation of a wastewater treatment facility and
the completion of any related scientific or engineering studies, reports,
plans, design specifications, or other submittals required by the
"Condition of acute
toxicity" means any concentration of a toxic substance that exceeds the
applicable acute criterion for aquatic life support specified in
or, for substances not listed in
or for mixtures of toxic
substances, any concentration that exceeds 0.3 acute toxic units (TUa), where
one TUa is equal to 100 divided by the median lethal concentration (LC50 ). The
concentration at which acute toxicity exists shall be determined through
laboratory toxicity tests conducted in accordance with the EPA's "methods for
measuring the acute toxicity of effluents and receiving waters to freshwater
and marine organisms."
"Condition of chronic toxicity" means any concentration of a toxic substance
that exceeds the applicable chronic criterion for aquatic life support
or, for substances not listed in
or for mixtures of toxic
substances, any concentration that exceeds 1.0 chronic toxic unit (TUc), where
one TUc is equal to 100 divided by inhibition concentration 25 (IC25 ). The
concentration at which chronic toxicity exists shall be determined through
laboratory toxicity tests conducted in accordance with the EPA's "short-term
methods for estimating the chronic toxicity of effluents and receiving waters
to freshwater organisms."
"Criterion" means any numerical element or narrative provision that represents
an enforceable water quality condition specified in K.A.R. 28-16-28b
"Critical low flow" means the minimum
amount of streamflow immediately upstream of a point source discharge that will
be used to calculate the quantity of pollutants that the point source discharge
may be permitted to discharge without exceeding water quality criteria
specified in K.A.R. 28-16-28b
The critical low flow may be the 7Q10 flow or the alternate low flow as defined
in this regulation.
"Department" means Kansas department of health and environment.
"Designated use" means any of the uses
specifically attributed to surface waters of the state in
, and amendments thereto.
(u) "Digression" means an actual ambient
concentration of a pollutant that does not meet the numeric criteria value for
means the release of effluent, either directly or indirectly, into surface
waters of the state.
design flow" means either of the following:
The anticipated wastewater flow for the
next permit cycle determined by the department for an industrial wastewater
treatment facility, as defined in
(2) the wastewater treatment capacity of a
facility approved by the secretary for other wastewater treatment facilities or
means a person or facility that is responsible for the release of effluent into
surface waters of the state.
"Duration of digression" means the period of time over which pollutant
concentrations can be averaged, including the time span during which aquatic
life can be exposed to elevated levels of pollutants without harm.
(z) "Ecological integrity" means the natural
or unimpaired structure and functioning of an aquatic or terrestrial
(aa) "Effluent" means
the sewage or other wastewater discharged from an artificial source.
(bb) "EPA" means United States environmental
"Escherichia coli" means a subset of the coliform group that
is part of the normal intestinal flora in humans and animals and is a direct
indicator of fecal contamination in water.
"Exceptional state waters" means any of
the surface waters or surface water segments that are of remarkable quality or
of significant recreational or ecological value, are listed in the surface
water register as defined in this regulation, and are afforded the level of
water quality protection under the antidegradation provisions of
and the mixing zone provisions of
(ee) "Excursion from numeric criteria value"
means the digression of a pollutant exceeding its numeric criteria value beyond
the designated duration of digression.
"Existing use" means any of the
designated uses described in
, and amendments thereto, known to
have occurred in, or to have been made of, a surface water or surface water
segment on or after November 28, 1975.
"Federal clean water act" means the
federal water pollution prevention and control act,
33 U.S.C. Section
et seq., as in effect on January 14,
(hh) "Frequency of
digression" means the number of times that an excursion from numeric criteria
value can occur over time without impairing the designated uses of the
(ii) "General purpose
waters" means any classified surface water that is not classified as an
outstanding national resource water or an exceptional state water.
(jj) "Groundwater" means water located under
the surface of the land that is or can be the source of supply for wells,
springs, or seeps or that is held in aquifers or the soil profile.
"Highest attainable condition" and "HAC"
mean the achievable goal of a variance, as specified in
, that reflects
the modified designated use and criterion, designated use, or criterion that is
applicable throughout the term of a variance.
(ll) "Inhibition concentration 25" and "IC25
" mean a point estimate of the toxicant concentration that would cause a 25
percent reduction in a nonlethal biological measurement of the test organisms,
including reproduction and growth.
(mm) "Interim criterion" means a temporary
(nn) "Interim designated
use" means a temporary designated use.
(oo) "Kansas antidegradation policy," dated
August 6, 2001 and hereby adopted by reference, means the department's written
policy used to prevent or minimize the lowering of water quality in surface
waters of the state.
implementation procedures: surface water quality standards," including "section
4 appendix A," dated February 18, 2021 and hereby adopted by reference, means
the department's written procedures used for carrying out specific provisions
of surface water quality standards, available upon request from the
department's division of environment.
"Maximum contaminant level" means any of
the enforceable standards for finished drinking water quality specified in
as in effect on July 1, 2012.
"Median lethal concentration" means the concentration of a toxic substance or a
mixture of toxic substances calculated to be lethal to 50 percent of the
population of test organisms in an acute toxicity test.
(ss) "Microfibers per liter" and
"µfibers/L" mean the number of microscopic particles with a
length-to-width ratio of 3:1 or greater present in a volume of one
(tt) "Microgram per liter"
and "µg/L" mean the concentration of a substance at which one
one-millionth of a gram (10-6 g) of the substance is
present in a volume of one liter.
(uu) "Milligram per liter" and "mg/L" mean
the concentration of a substance at which one one-thousandth of a gram
(10-3 g) of the substance is present in a volume of
"Mixing zone" means
the designated portion of a stream or lake where a discharge is incompletely
mixed with the receiving surface water and where, in accordance with
, concentrations of certain
pollutants may legally exceed chronic water quality criteria associated with
the established designated uses that are applied in most other portions of the
receiving surface water.
"Mutagenic" means having the property of directly or indirectly causing a
variance" and "MDV" mean a term-limited variance for more than one discharger
that is issued for a specified criterion or pollutant to achieve the highest
"Nonpoint source" means any activity that is not required to have a national
pollutant discharge elimination system permit and that results in the release
of pollutants to waters of the state. This release can result from
precipitation runoff, aerial drift and deposition from the air, or the release
of subsurface brine or other contaminated groundwaters to surface waters of the
(zz) "Numeric criteria
value" means any of the values listed in tables 1a, 1b, 1c, 1d, 1g, 1h, 1i, 1j,
and 1k of the "Kansas surface water quality standards: tables of numeric
national resource water" means any of the surface waters or surface water
segments of extraordinary recreational or ecological significance identified in
the surface water register, as defined in this regulation, and afforded the
highest level of water quality protection under the antidegradation provisions
and the mixing zone provisions of
(bbb) "pH" means the common logarithm of the
reciprocal of the hydrogen ion concentration measured in moles per liter,
expressed on a scale that ranges from zero to 14, with values less than seven
being more acidic and values greater than seven being more alkaline.
(ccc) "Picocurie per liter" and "pCi/L" mean
a volumetric unit of radioactivity equal to 2.22 nuclear transformations per
minute per liter.
source" means any discernible, confined, and discrete conveyance from which
pollutants are or could be discharged.
(eee) "Pollutant" means any physical,
biological, or chemical conditions, substances, or combination of substances
released into surface waters of the state that results in surface water
pollution, as defined in this regulation.
(fff) "Pollutant minimization plan" and "PMP"
mean a structured set of activities to improve processes and pollutant controls
that prevent and reduce pollutant levels, including any cost-effective process
for reducing pollutant levels, pollution prevention, treatment, best management
practices, and other control mechanisms.
(ggg) "Potable water" means water that is
suitable for drinking and cooking purposes in terms of both human health and
"Precipitation runoff" means the rainwater or the meltwater derived from snow,
hail, sleet, or other forms of atmospheric precipitation that flows by gravity
over the surface of the land and into streams, lakes, or wetlands.
(iii) "Presedimentation sludge" means a
slurry or suspension of residual solid materials derived from an initial step
in the production of potable water. This term shall include residual solids
originating from the raw water supply used for industrial or other nonpotable
water purposes, before the addition of any artificial materials not typically
used in the production of potable water. The solid materials shall include
sand, silt, and other easily settleable particles originating from the raw
surface water" means any freshwater reservoir or pond that is both located on
and completely bordered by land under common private ownership.
"Public swimming area" means either of
(1) Any classified surface
water that is posted for swimming by a federal, state, or local government that
has jurisdiction over the land adjacent to that particular body of water;
(2) any privately owned or
leased body of water that is open and accessible to the public and is intended
"Reconfiguration activities" means actions that beneficially reshape, remodel,
or otherwise restructure the physical setting and characteristics of a surface
water of the state.
"Seven-day, ten-year low flow" and "7Q10 flow" mean the seven-day average low
flow having a recurrence frequency of once in 10 years, as statistically
determined from historical flow data. Where used in this regulation in the
context of mixing zones, these terms shall refer to the minimum amount of
streamflow occurring immediately upstream of a wastewater discharge and
available, in whole or in part, for dilution or assimilation of wastewater
criterion" means any criterion applicable to a given classified surface water
segment and developed for the protection of the designated uses of that segment
(ooo) "Streamflow" means the
volume of water moving past a stream cross-sectional plane per unit of
pollution" and "pollution" mean any of the following:
(1) Contamination or other alteration of the
physical, chemical, or biological properties of the surface waters of the
state, including changes in temperature, taste, odor, turbidity, or color of
gaseous, liquid, solid, radioactive, microbiological, or other substances into
surface waters in a manner that could create a nuisance or render these waters
harmful, detrimental, or injurious to any of the following:
(A) Public health, safety, or
(B) domestic, industrial,
agricultural, recreational, or other designated uses; or
(C) livestock, domestic animals, or native or
naturalized plant or animal life; or
(3) any discharge that will or is likely to
exceed state effluent limitations predicated upon technology-based effluent
standards or water quality-based standards.
"Surface water register" means a list
of the state's major classified surface waters, including a listing of waters
recognized as outstanding national resource waters or exceptional state waters,
and the surface water use designations for each classified surface water,
periodically updated and published by the department. The surface water
register, published as the "Kansas surface water register," is adopted by
(rrr) "Surface water segment" means a
delineated portion of a stream, lake, or wetland.
"Surface waters" means the following:
(1) Streams, including rivers, creeks,
brooks, sloughs, draws, arroyos, canals, springs, seeps, and cavern streams,
and any alluvial aquifers associated with these surface waters;
(2) lakes, including oxbow lakes and other
natural lakes and man-made reservoirs, lakes, and ponds; and
(3) wetlands, including swamps, marshes,
bogs, and similar areas that are inundated or saturated by surface water or
groundwater at a frequency and a duration that are sufficient to support, and
under normal circumstances that do support, a prevalence of vegetation
typically adapted for life in saturated soil conditions.
(ttt) "Surface waters of the state" means all
surface waters occurring within the borders of the state of Kansas or forming a
part of the border between Kansas and one of the adjoining states.
(uuu) "Teratogenic" means having the property
of causing abnormalities that originate from impairment of an event that is
typical in embryonic or fetal development.
(vvv) "Thirty-day, ten-year low flow" and
"30Q10 flow" mean the 30-day average low flow having a recurrence frequency of
once in 10 years, as statistically determined from historical flow data. Where
used in this regulation in the context of mixing zones, these terms shall refer
to the minimum amount of streamflow occurring immediately upstream of a
wastewater discharge and available, in whole or in part, for dilution or
assimilation of wastewater discharges.
(www) "Toxic substance" means any substance
that produces deleterious physiological effects in humans, animals, or
(xxx) "Turbidity" means the
cloudiness of water as measured by optical methods of nephelometry and
expressed in standard nephelometric units.
(yyy) "Use attainability analysis" means a
study conducted or accepted by the department that is designed to determine
whether or not a surface water or surface water segment supports, or is capable
of supporting in the absence of artificial sources of pollution, one or more of
the designated uses defined in
82a-2001, and amendments thereto.
"Variance" means a time-limited
designated use and criterion that reflects the highest attainable condition as
an alternative to one or more of the criteria specified in
, as implemented by the department
in accordance with
(aaaa) "Water-effect ratio" and "WER" mean
the numerical toxicity, including median lethal concentration and inhibition
concentration 25, of a chemical pollutant diluted in water from a given stream,
lake, or wetland divided by the numerical toxicity of the same pollutant
diluted in laboratory water.
"Water quality certification" means the department's written finding that a
proposed action that impacts water quality will comply with the terms and
conditions of the Kansas surface water quality standards.
(cccc) "Whole-effluent toxicity limitation"
means any restriction imposed by the department on the overall acute or chronic
toxicity of an effluent discharged to a surface water.
(dddd) "Zone of initial dilution" means the
region of a surface water in the immediate vicinity of a discharge where acute
and chronic criteria may be exceeded.