Kan. Admin. Regs. § 28-29-6 - Permits and engineering plans
(a) Application for
permits. Every person desiring to obtain a permit shall file an application for
a permit for the proposed solid waste disposal area or processing facility with
the department at least thirty (30) days before the date the person wishes to
start construction, alteration, or operation of the disposal area or processing
facility. The application shall be on forms furnished by the department.
(b) Design plans and engineering
reports.
(1) Design and closure plans and
engineering reports required under these regulations shall bear the seal and
signature of a professional engineer licensed to practice in Kansas.
(2) Waiver. Plans, designs, and relevant data
for the construction of the following solid waste disposal areas and processing
facilities, need not be prepared by a professional engineer provided that a
review of these plans is conducted by a professional engineer licensed to
practice in Kansas:
(A) Solid waste
processing facilities when the equipment is originally manufactured for those
purposes and installation is supervised by the vendor, or when the equipment
requires only fencing, buildings, and connection to utility lines to be
operational;
(B) Construction and
demolition landfills; and
(C)
Solid waste disposal areas considered by the department to be located in secure
geological formations, which are a part of a solid waste management system
established pursuant to
K.S.A. 65-3401 et seq., and which are expected to
receive less than one hundred (100) tons of solid waste annually.
(c) Permit
considerations. Any permit issued by the secretary shall, where appropriate, be
reviewed with respect to all responsibilities within the department.
(d) Transfer of permits. Before any
assignment, sale, conveyance, or transfer of all or any part of the property
upon which a solid waste processing facility, or solid waste disposal area is
or has been located, and before any change in the responsibility of operating a
processing facility or disposal area is made, the permittee shall notify the
department, in writing, of the intent to transfer title or operating
responsibility, at least thirty (30) days in advance of the date of transfer.
The person to whom the transfer is to be made shall not operate the solid waste
processing facility or disposal area until the secretary issues a permit to
that person. The person to whom the transfer is to be made shall submit the
following:
(1) A permit application and
plans, maps, and data as required by subsection (a) of this regulation;
(2) Plans satisfactory to the
department for correcting any existing permit violations; and
(3) Substantiation in writing that the
applicant has copies of all approved maps, plans, and specifications relating
to the solid waste processing facility or disposal area.
(e) Conformity with official plan. Permits
shall not be issued by the secretary until the applicant has secured, from the
board of county commissioners or from the mayor of an incorporated city having
an official plan, certification that the proposed facility is consistent with
the official plan. This approval shall not be required when the official plan
does not provide for management of the solid waste(s) to be processed or
disposed.
(f) Reopening closed
sites or facilities. Any person proposing to reopen, excavate, disrupt, or
remove any solid waste from any solid waste disposal area where operations have
been terminated shall secure a new permit as specified in paragraph (a) of this
regulation. Applications for a permit shall include, where applicable, an
operational plan stating the area involved, lines and grades defining limits of
excavation, estimated number of cubic yards of material to be excavated,
location where excavated solid waste is to be deposited, the estimated time
required for excavation, and a plan for restoring the site.
(g) Emergency provisions. In emergency
situations involving solid waste which requires storage, transportation, or
disposal on a one-time basis or other special cases where strict adherence to
these regulations would result in undue hardships or unnecessary delays, the
department can prescribe on a case-by-case basis, the procedures and conditions
necessary for the safe and effective management of the wastes. The generator
shall not take action in these cases except as immediately necessary for the
protection of human health or the environment, until the action is approved by
the department.
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.