Kansas Administrative Regulations
Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT
Article 16 - WATER POLLUTION CONTROL
Section 28-16-94 - Reporting requirements for POTW's and industrial users
Universal Citation: KS Admin Regs 28-16-94
Current through Register Vol. 43, No. 39, September 26, 2024
(a) 40 CFR § 403.12, as in effect on July 1, 1986, is adopted by reference, except that:
(1) in
lieu of § 403.12(b)(5)(vi) the following shall apply: "(vi) Sampling and
analysis shall be performed in accordance with the techniques prescribed in 40
CFR part 136, as in effect on July 1, 1986. Where 40 CFR part 136 does not
contain sampling and analytical techniques for the pollutant in question, or
where the secretary determines that the part 136 sampling and analytical
techniques are inappropriate for the pollutant in question, sampling and
analysis shall be performed using validated analytical methods or other
appropriate sampling and analytical procedures approved by the secretary.
Alternate sampling and analytical techniques suggested by the POTW or other
persons will be considered by the secretary."
(2) in lieu of § 403.12(g) the following
shall apply: "(g) Monitoring and analysis to demonstrate continued compliance.
The reports required in paragraphs (b)(5), (d), and (e) of this section shall
contain the results of sampling and analysis of the discharge, including the
flow and the nature and concentration, or production and mass where requested
by the control authority, of pollutants contained therein which are limited by
the applicable pretreatment standards. The frequency of monitoring shall be as
prescribed in the applicable pretreatment standard. All analyses shall be
performed in accordance with 40 CFR part 136, as in effect on July 1, 1986.
Where 40 CFR part 136 does not include sampling or analytical techniques for
the pollutants in question, or where the secretary determines that the part 136
sampling and analytical techniques are inappropriate for the pollutant in
question, sampling and analyses shall be performed using validated analytical
methods or other sampling and analytical procedures approved by the secretary.
Alternate sampling and analytical techniques suggested by the POTW or persons
will be considered by the secretary."
(3) In lieu of § 403.12(k) the following
shall apply: "(k) Penalties for providing false information. Any person who
willfully provides false information on any report required by subsections (b),
(d), (e), or (h), of 40 CFR
§
403.12 shall be subject to the
penalties imposed under
K.S.A.
65-170c,
K.S.A.
65-170d and K.S.A. 1985 Supp. 21-3805, and
any amendments thereto."
(b) 40 CFR part 136, as in effect on July 1, 1986, is adopted by reference (see 49 FR 43234, 50 FR 690, and 51 FR 23692).
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