Kan. Admin. Regs. § 28-29-102 - Location restrictions
(a) Airport safety.
(1) Each owner or operator of a new MSWLF
unit and existing MSWLF unit which is located within 10,000 feet (3,048 meters)
of any airport runway end used by turbojet aircraft or within 5,000 feet (1,524
meters) of any airport runway end used by only piston-type aircraft, shall
demonstrate to the department that the unit is designed and operated so that
the unit does not pose a bird hazard to aircraft.
(2) Each owner or operator proposing to site
a new unit within a five-mile radius of any airport runway end used by turbojet
or piston-type aircraft shall notify the affected airport and the federal
aviation administration (FAA).
(3)
The owner or operator shall place a copy of the demonstration in the operating
record.
(4) For purposes of this
subsection:
(A) "Airport" means public-use
airport open to the public without prior permission and without restrictions
within the physical capacities of available facilities.
(B) "Bird hazard" means an increase in the
likelihood of bird and aircraft collisions that may cause damage to the
aircraft or injury to its occupants.
(b) Floodplains.
(1) Owners or operators of new MSWLF units
and existing MSWLF units located in 100-year floodplains must demonstrate to
the department that the unit will not restrict the flow of the 100-year flood,
reduce the temporary water storage capacity of the floodplain, or result in
washout of solid waste so as to pose a hazard to human health and the
environment.
(2) The owner or
operator shall place a copy of the demonstration in the operating record.
(3) For purposes of this
subsection:
(A) "Floodplain" means the
lowland and relatively flat areas adjoining inland waters, including
flood-prone areas that are inundated by the 100-year flood.
(B) "100-year flood" means a flood that has a
1% or greater chance of recurring in any given year or a flood of a magnitude
equalled or exceeded once in 100 years on the average over a significantly long
period.
(C) "Washout" means the
carrying away of solid waste by waters of the base flood.
(c) Wetlands.
(1) New MSWLF units shall not be located in
wetlands, unless the owner or operator demonstrates to the department that:
(A) there is no practicable alternative to
the proposed MSWLF that does not also involve wetlands;
(B) the construction and operation of the
unit will not:
(i) cause or contribute to
violations of any applicable Kansas water quality standard;
(ii) violate any applicable toxic effluent
standard or prohibition under section 307 of the clean water act, 33 U.S.C. 1317;
(iii) jeopardize the
continued existence of endangered or threatened species or result in the
destruction or adverse modification of a critical habitat, protected under the
endangered species act of 1973; and
(iv) violate any requirement under the marine
protection, research, and sanctuaries act of 1972 for the protection of a
marine sanctuary;
(C)
the unit will not cause or contribute to significant degradation of wetlands.
The owner or operator shall demonstrate the integrity of the unit and its
ability to protect ecological resources by addressing the following factors:
(i) erosion, stability, and migration
potential of native wetland soils, muds and deposits used to support the unit;
(ii) erosion, stability, and
migration potential of dredged and fill materials used to support the unit;
(iii) the volume and chemical
nature of the waste managed in the unit;
(iv) impacts on fish, wildlife, and other
aquatic resources and their habitat from release of the solid waste;
(v) the potential effects of catastrophic
release of waste to the wetland and the resulting impacts on the environment;
and
(vi) any additional factors,
as necessary, to demonstrate that ecological resources in the wetland are
sufficiently protected;
(D) steps have been taken to attempt to
achieve no net loss of wetlands, as defined by acreage and function, by first
avoiding impacts to wetlands to the maximum extent practicable, then minimizing
unavoidable impacts to the maximum extent practicable, and finally offsetting
remaining unavoidable wetland impacts through all appropriate and practicable
compensatory mitigation actions, including restoration of existing degraded
wetlands or creation of man-made wetlands; and
(E) sufficient information is available to
make a reasonable determination with respect to these demonstrations.
(2) The owner or
operator shall place a copy of the demonstration in the operating record.
(3) For purposes of this
subsection, "wetlands" means those areas that meet the definition provided in
the "Corps of Engineers Wetlands Delineation Manual-Technical Report Y-87-1,"
as published January, 1987 by the Department of the Army Waterways Experiment
Station, Corps of Engineers.
(d) Fault areas.
(1) New MSWLF units shall not be located
within 60 meters (200 feet) of a fault that has had displacement in holocene
time unless the owner or operator demonstrates to the department that an
alternative setback distance of less than 60 meters (200 feet) will prevent
damage to the structural integrity of the unit and will be protective of human
health and the environment.
(2)
The owner or operator shall place a copy of the demonstration in the operating
record.
(3) For the purposes of
this subsection:
(A) "Fault" means a fracture
or a zone of fractures in any material along which strata on one side have been
displaced with respect to that on the other side.
(B) "Displacement" means the relative
movement of any two sides of a fault measured in any direction.
(C) "Holocene" means the most recent epoch of
the quaternary period, extending from the end of the pleistocene epoch to the
present.
(e)
Seismic impact zones.
(1) New MSWLF units
shall not be located in seismic impact zones, unless the owner or operator
demonstrates to the department that all containment structures, including
liners, leachate collection systems, and surface water control systems, are
designed to resist the maximum horizontal acceleration in lithified earth
material for the site.
(2) The
owner or operator shall place a copy of the demonstration in the operating
record.
(3) For the purpose of
this subsection the following definitions shall apply:
(A) "Seismic impact zone" means an area with
a 10% or greater probability that the maximum horizontal acceleration in
lithified earth material, expressed as a percentage of the earth's
gravitational pull (g), will exceed 0.10g in 250 years.
(B) "Maximum horizontal acceleration in
lithified earth material" means the maximum expected horizontal acceleration
depicted on a seismic hazard map, with a 90% or greater probability that the
acceleration will not be exceeded in 250 years, or the maximum expected
horizontal acceleration based on a site-specific seismic risk assessment.
(C) "Lithified earth material"
means all rock, including all naturally occurring and naturally formed
aggregates or masses of minerals or small particles of older rock that formed
by crystallization of magma or by induration of loose sediments. This term
shall not include human-made materials, including fill, concrete, and asphalt,
or unconsolidated earth materials, soil, or regolith lying at or near the earth
surface.
(f)
Unstable areas.
(1) Owners or operators of
new MSWLF units and existing units located in an unstable area shall
demonstrate to the department that engineering measures have been incorporated
into the unit's design to ensure that the integrity of the structural
components of the MSWLF unit will not be disrupted. The owner or operator shall
consider the following factors, at a minimum, when determining whether an area
is unstable:
(A) on-site or local soil
conditions that may result in significant differential settling;
(B) on-site or local geologic or
geomorphologic features; and
(C)
on-site or local human-made features or events both surface and subsurface.
(2) The owner or
operator shall place a copy of the demonstration in the operating record.
(3) For purposes of this
subsection:
(A) "Unstable area" means a
location that is susceptible to natural or human-induced events or forces
capable of impairing the integrity of some or all of the MSWLF structural
components responsible for preventing releases from a landfill. Unstable areas
may include poor foundation conditions, areas susceptible to mass movements,
and karst terranes.
(B)
"Structural components" means liners, leachate collection systems, final
covers, run-on systems, run-off systems, and any other component used in the
construction and operation of the MSWLF that is necessary for protection of
human health and the environment.
(C) "Poor foundation conditions" means those
areas where features exist which indicate that a natural or human-induced event
may result in inadequate foundation support for the structural components of an
MSWLF unit.
(D) "Areas susceptible
to mass movement" means those areas of influence including areas characterized
as having an active or substantial possibility of mass movement, where the
movement of earth material at, beneath, or adjacent to the MSWLF unit, because
of natural or man-induced events, results in the downslope transport of soil
and rock material by means of gravitational influence. Areas of mass movement
may include:
(i) landslides;
(ii) avalanches;
(iii) debris slides and flows;
(iv) soil fluction;
(v) block sliding; and
(vi) rock fall.
(E) "Karst terranes" means areas where karst
topography, with its characteristic surface and subterranean features, is
developed as the result of dissolution of limestone, dolomite, or other soluble
rock. Characteristic physiographic features present in karst terranes may
include:
(i) sinkholes;
(ii) sinking streams;
(iii) caves;
(iv) large springs; and
(v) blind valleys.
(g) Closure of existing
MSWLF units.
(1) Existing units that cannot
make the demonstration pertaining to airports, floodplains, or unstable areas,
shall close by October 9, 1996, in accordance with K.A.R. 28-29-121 and conduct
post-closure activities in accordance with K.A.R. 28-29-121.
(2) The deadline for closure required by
subsection (g)(1) may be extended up to two years if the owner or operator
demonstrates to the department that there is no:
(A) available alternative disposal capacity;
and
(B) immediate threat to human
health and the environment.
(h) Kansas historic preservation act. Each
new MSWLF unit shall be located so as not to pose a threat of harm or
destruction to the essential features of an irreplaceable historic or
archaeological site that is listed pursuant to the Kansas historic preservation
act, K.S.A. 75-2716 and
75-2724.
(i) Endangered species conservation act. Each
new MSWLF unit shall be located so as not to:
(1) jeopardize the continued existence of any
designated endangered species;
(2)
result in the destruction or adverse modification of the critical habitat
listed for such species; or
(3)
cause or contribute to the taking of any endangered or threatened species of
plant, fish or wildlife listed pursuant to the endangered species act 16 U.S.C. 1531 et seq., or Kansas non-game and endangered species conservation act,
K.S.A. 32-957 et seq., and
K.S.A. 32-1009, et seq.
(j) Buffer zones.
(1) No part of a newly permitted MSWLF unit
shall be located closer than 152 meters (500 feet) from an occupied dwelling,
school, or hospital that was occupied on the date when the owner or operator
first applied for a permit to develop the unit or the facility containing the
unit, unless the owner of such dwelling, school, or hospital consents in
writing.
(2) All newly permitted
MSWLF units shall maintain a minimum 46 meters (150 feet) buffer from the edge
of the planned MSWLF unit to the owner's or operator's property line.
(3) The owner or operator may
petition the director for a reduction in the buffer zone distances, provided
the county commission of the county in which the landfill is located approves
the request.
(k)
Navigable streams.
(1) A new MSWLF unit shall
not be located within one-half mile of a navigable stream used for interstate
commerce.
(2) For purposes of this
subsection, "navigable stream" means any water defined as navigable water of
the United States under 33 CFR Part 329 as in effect on July 1, 1993.
(3) The provisions of this
subsection shall not apply to:
(A) lateral
expansion onto land contiguous to a permitted MSWLF in operation on July 1,
1991; or
(B) renewal of an
existing permit for a permitted MSWLF on July 1, 1991.
(l) Public drinking water
supplies.
(1) No new MSWLF shall be located
within one mile of a surface water intake source for a public water supply
system.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.