Kansas Administrative Regulations
Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT
Article 29 - SOLID WASTE MANAGEMENT
Section 28-29-114 - Corrective action
Universal Citation: KS Admin Regs 28-29-114
Current through Register Vol. 43, No. 52, December 26, 2024
(a) Assessment of corrective measures.
(1) After
consideration of the results from the release assessment conducted pursuant to
K.A.R. 28-29-113(a)(3)(B), the owner or operator may be asked by the director
to conduct an assessment of corrective measures that includes an analysis of:
(A) performance, reliability, ease of
implementation, and potential impacts of appropriate potential remedies,
including safety impacts, cross-media impacts, and control of exposure to any
residual contamination;
(B) time
required to begin and complete the remedy;
(C) costs of remedy implementation; and
(D) institutional requirements
such as state or local permit requirements or other environmental or public
health requirements that may substantially affect implementation of the remedy
or remedies.
(2) The
owner or operator shall continue to monitor in accordance with the assessment
monitoring program as specified in K.A.R. 28-29-113(b).
(3) The owner or operator shall make a
recommendation for one of the corrective measures assessed and include a
rationale for the choice in the corrective measures assessment report.
(4) The owner or operator shall
conduct a public hearing to discuss the range of corrective measures evaluated,
the recommended corrective measures, and the rationale outlined in the
assessment report.
(b) Remedy.
(1) After consideration of the
results of the corrective-measures assessment and the public comments received,
the owner or operator shall propose a remedy and a schedule for implementation
to the department for approval. The remedy shall:
(A) be protective of human health and the
environment;
(B) attain the
groundwater protection standards;
(C) control the source or sources of releases
so as to reduce or eliminate, to the maximum extent practicable, further
releases of constituents identified in appendix II of K.A.R. 28-29-113 into the
environment that may pose a threat to human health or the environment; and
(D) comply with standards for
management of wastes as specified in paragraph (c)(4) of this regulation.
(2) In approving a
remedy, the following evaluation factors shall be considered by the director:
(A) the long-term and short-term
effectiveness and protectiveness of the potential remedy or remedies, along
with the degree of certainty that the remedy will prove successful;
(B) the effectiveness of the remedy in
controlling the source to reduce further releases;
(C) the ease or difficulty of implementing a
potential remedy or remedies;
(D)
practicable capability of the owner or operator, including a consideration of
the technical and economic capability; and
(E) the degree to which community concerns
are addressed by a potential remedy or remedies.
(3) A remedy other than that proposed by the
owner or operator may be specified by the director.
(4) It may be determined by the director that
remediation of a release of a constituent identified in appendix II of K.A.R.
28-29-113 from a MSWLF unit is not necessary if the owner or operator
demonstrates to the satisfaction of the director any one of the following:
(A) the groundwater is additionally
contaminated by substances that have originated from a source other than a
MSWLF unit and those substances are present in concentrations such that cleanup
of the release from the MSWLF unit would provide no significant reduction in
risk to public health and the environment;
(B) remediation of the release or releases is
technically impracticable; or
(C)
remediation results in unacceptable cross-media impacts.
(5) A determination by the director that
remediation is not necessary shall not affect the authority of the department
to require the owner or operator to undertake source control measures or other
measures that may be necessary to eliminate or minimize further releases to the
groundwater, to prevent exposure to the groundwater, or to remediate the
groundwater to concentrations that are technically practicable and
significantly reduce threats to human health or the environment.
(6) The owner or operator may be required by
the director to take any interim measures necessary to ensure the protection of
human health and the environment. Interim measures shall, to the greatest
extent practicable, be consistent with the objectives of and contribute to the
performance of any remedy selected.
(c) Implementation of the corrective action program.
(1) Based on the schedule
established under paragraph (b)(1) above, the owner or operator shall implement
the corrective action remedy selected under subsection (b).
(2) An owner or operator or the director may
determine, based on information developed after implementation of the remedy
has begun or other information, that compliance with requirements of paragraph
(b)(1) is not being achieved through the remedy selected. In such cases, the
owner or operator shall implement other methods or techniques that practicably
achieve compliance with the requirements.
(3) If the owner or operator or director
determines that compliance with requirements under paragraph (b)(1) cannot be
practically achieved with any currently available methods, the owner or
operator shall:
(A) obtain certification of a
qualified groundwater scientist that compliance cannot be practically achieved
with any currently available methods;
(B) implement alternate measures to control
exposure of humans or the environment to residual contamination, as necessary
to protect human health and the environment;
(C) implement alternate measures for control
of the sources of contamination, or for removal or decontamination of
equipment, units, devices, or structures; and
(D) submit a report to the director
justifying the alternative measures prior to implementing the alternative
measures.
(4) Each
solid waste that is managed pursuant to a remedy or an interim measure shall be
managed in accordance with Kansas waste management standards.
(5) Remedies selected pursuant to subsection
(b) shall be considered complete when:
(A)
the owner or operator complies with the groundwater protection standards
established under K.A.R. 28-29-113(b)(13) at the point of compliance;
(B) compliance with the
groundwater protection standards has been achieved by demonstrating that
concentrations of constituents identified in appendix II of K.A.R. 28-29-113
have not exceeded the groundwater protection standard or standards for a period
of three consecutive years using the statistical procedures and performance
standards in K.A.R. 28-29-112. An alternative length of time during which the
owner or operator shall demonstrate that concentrations of constituents
identified in appendix II of K.A.R. 28-29-113 have not exceeded the groundwater
protection standard or standards may be specified by the director, taking into
consideration the:
(i) extent and
concentration of the release or releases;
(ii) behavior characteristics of the
contaminants in the groundwater;
(iii) accuracy of monitoring or modeling
techniques, including any seasonal, meteorological, or other environmental
variabilities that may affect the accuracy; and
(iv) characteristics of the groundwater; and
(C) all actions
required to complete the remedy have been satisfied.
(6) Upon completion of the remedy, the owner
or operator shall submit to the director a copy of a certification that the
remedy has been completed in compliance with the requirements of paragraph
(b)(1) and initiate a detection monitoring plan. The certification shall be
signed by the owner or operator and by a qualified groundwater scientist.
(7) Upon receipt of the
certification, if the director determines that the corrective action remedy has
been completed in accordance with the requirements of this section, the owner
or operator shall be released from the requirements for financial assurance for
corrective action under K.A.R. 28-29-122. Where appropriate and necessary, a
new schedule for continued detection monitoring shall be established by the
director.
Disclaimer: These regulations may not be the most recent version. Kansas may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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