Kan. Admin. Regs. § 28-71-11 - Remedial standards and remedial actions
(a) All remedial alternatives performed by
the voluntary party and approved by the secretary shall attain a degree of
cleanup, control, or both, of contaminants that ensures protection of human
health and the environment.
(b) All
remedial actions to restore the environment to conditions before its altered
state shall be considered by the department if protection of human health and
the environment is maintained and the movement of contaminants is
controlled.
(c) The voluntary party
shall propose any one of the following approaches to determine cleanup levels
for the property:
(1) Comparison to
background levels;
(2) comparison
to department -established risk-based levels;
(3) comparison to a site-specific, risk-based
quantitative analysis conducted by the voluntary party or the department , based
on formulas, exposure parameters, and land-use scenarios; or
(4) other risk analysis methods approved by
the secretary .
(d)
Responsibility for reviewing and approving the approach and final selection of
cleanup levels for property subject to the voluntary agreement shall rest with
the secretary .
(1) The selection of cleanup
levels shall be based on the present and proposed future uses of the property
and surrounding properties.
(2)
Land use shall include two general categories: residential property and
nonresidential property .
(3)
Multiple media, exposure pathways, and contaminants shall be taken into account
during the determination of cleanup levels.
(4) Existing and applicable federal or state
standards shall be considered by the department during the determination of
cleanup levels.
(e)
Secretary -approved controls, including the controls specified in
K.A.R.
28-71-10, may be required by the department
to ensure continued protection of human health and the environment.
(1) Approved controls for property subject to
the voluntary agreement shall not be proposed as a substitute for evaluating
remedial actions that would otherwise be technically and economically
practicable.
(2) Approved controls
for property subject to the voluntary agreement shall be considered as remedial
actions.
(f) Soil
cleanup levels and the depths to which the cleanup levels shall apply shall be
based on human exposure , the present and proposed uses of the property, the
depth of the contamination , and the potential impact to groundwater , surface
water, or both, and any other risks posed by the soil contamination to human
health and the environment.
(g)
Soil and groundwater property-specific cleanup levels may be determined by the
secretary for contaminants for which there is insufficient toxicological
evidence to support a regulatory standard for risk-based cleanup levels or for
nontoxic contaminants for which cleanup is required as a result of other
undesirable characteristics of those contaminants. The soil levels shall be
based on the following:
(1) The ability of
the impacted soil to support vegetation representative of unimpacted properties
in the vicinity of property subject to the voluntary agreement; and
(2) the potential of the contaminant to
impact and degrade groundwater , surface water, or both, through infiltration or
runoff.
(h) If there are
multiple contaminants in the soil, the cleanup level of each contaminant shall
not allow the cumulative risks posed by the contaminants to exceed a cancer
risk level of 1x10-4, one in 10,000, or a hazard
index value of 1.0.
(i) Soil
cleanup levels shall ensure that migration of contaminants in the soil shall
not cause the cleanup levels established for groundwater , surface water, or
both, to be exceeded.
(j)
Groundwater cleanup levels shall be based on the actual and most probable use
of the groundwater considering present and future uses. The most probable use
of the groundwater is for a potable water source , unless demonstrated otherwise
by the voluntary party and approved by the secretary .
(k) Groundwater potentially or actually used
as a potable water source and impacted by the site contamination shall require
maximum protection in determining cleanup levels.
(l) Remedial action to restore contaminated
groundwater shall, at a minimum, prevent additional degradation and
migration.
(m)When the need for
cleanup of a contaminant can be predicated on characteristics of that
contaminant other than toxicity, including the contribution of an undesirable
taste or odor, or both, the site-specific cleanup levels as determined by the
department or secondary maximum contaminant levels (MCLs) may be used as
cleanup levels for contaminants for which insufficient toxicological evidence
has been gathered to support a regulatory standard for risk-based cleanup
levels or nontoxic contaminants. These levels shall be based on the aesthetic
quality and usability of the groundwater , surface water, or both, for the
present and proposed future use.
(n) Surface water cleanup levels shall meet
the Kansas surface water quality standards, as specified in
K.A.R.
28-16-28e.
Notes
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