Kansas Administrative Regulations
Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT
Article 29 - SOLID WASTE MANAGEMENT
Section 28-29-302 - Construction and demolition (C&D) landfill location restrictions
Universal Citation: KS Admin Regs 28-29-302
Current through Register Vol. 43, No. 52, December 26, 2024
This regulation shall apply to each new C&D landfill and to each expansion of an existing C&D landfill that requires a permit modification.
(a) Definitions. For the purposes of this regulation, the following definitions shall apply:
(1) "Application" shall mean a permit
application for a new C&D landfill or a permit modification application for
the expansion of an existing C&D landfill.
(2) "New C&D unit" shall mean a new
C&D landfill or the expansion of an existing C&D landfill.
(b) Floodplains.
(1) Each new C&D unit shall be located
outside the 100-year floodplain, unless the applicant submits, as part of the
application, one of the following:
(A)
Justification that the location of the new C&D unit will not cause any of
the following:
(i) Restriction of the flow of
the 100-year flood;
(ii) reduction
of the temporary water storage capacity of the floodplain; or
(iii) washout of the C&D waste; or
(B) a statement from
the U.S. army corps of engineers, if the site is under its jurisdiction, and a
statement from the Kansas department of agriculture, division of water
resources, indicating that neither of the following, if likely to occur as a
result of the location of the new C&D unit, will adversely affect public
health, safety, or the environment:
(i)
Restriction of the 100-year flood; and
(ii) reduction of the temporary water storage
capacity of the floodplain.
(2) As part of the application, the applicant
shall submit an approval or exemption for the siting of the new C&D unit
with respect to the floodplain from the following agencies:
(A) The U.S. army corps of engineers; and
(B) the Kansas department of
agriculture, division of water resources.
(c) Protection of threatened or endangered species.
(1) For the purposes of this
subsection, the following definitions shall apply:
(A) "Destruction or adverse modification"
means a direct or indirect alteration of critical habitat that appreciably
diminishes the likelihood of the survival and recovery of threatened or
endangered species using that habitat.
(B) "Endangered species" means any species
listed as such pursuant to the endangered species act, as referenced in
K.S.A.
32-958, and amendments thereto.
(C) "Taking" means harassing, harming,
pursuing, hunting, wounding, killing, trapping, capturing, or collecting, or
attempting to engage in such conduct.
(D) "Threatened species" means any species
listed as such pursuant to the endangered species act, as referenced in
K.S.A.
32-958, and amendments thereto.
(2) Each new C&D unit shall be
located to meet both of the following requirements:
(A) The new C&D unit shall not cause or
contribute to the taking of any endangered or threatened species.
(B) The new C&D unit shall not result in
the destruction or adverse modification of the critical habitat of endangered
or threatened species.
(3) As part of the application, the applicant
shall submit an approval or exemption for the siting of the new C&D unit
with respect to threatened or endangered species from the following agencies:
(A) The U.S. fish and wildlife service;
(B) the Kansas department of
wildlife and parks; and
(C) the
Kansas biological survey.
(d) Surface waters.
(1) For purposes of this subsection, "surface
waters" shall have the meaning specified in K.A.R. 28-16-28b.
(2) A new C&D unit shall not be located
in any surface waters.
(3) A new
C&D unit shall not cause or contribute to significant degradation of
surface waters. As part of the application, the applicant shall provide the
following information:
(A) Identification of
all surface waters within one-half mile of the property boundary;
(B) the erosion, stability, and migration
potential of materials used to construct the new C&D unit;
(C) the volume and characteristics of the
waste to be managed in the new C&D unit;
(D) the impact on fish, wildlife, and other
aquatic resources and their habitat from the release of C&D waste or
C&D contact water;
(E) the
potential effects of a catastrophic release of C&D waste or C&D contact
water to the surface water and the resulting impact on the environment; and
(F) any additional information
relative to the site that concerns the protection of ecological resources in
surface waters.
(4) As
part of the application, the applicant shall provide information verifying that
the total area of wetlands, as defined by acreage and function, will be
preserved by one or more of the following practices:
(A) Avoiding impact on the wetlands to the
maximum extent practicable;
(B)
minimizing impact on the wetlands to the maximum extent practicable; and
(C) offsetting unavoidable wetland
impact through all appropriate and practicable compensatory mitigation actions,
including the restoration of existing degraded wetlands or creation of man-made
wetlands.
(5) As part
of the application, the applicant shall submit an approval or exemption for the
siting of the new C&D unit with respect to surface waters from the
following agencies:
(A) The U.S. army corps
of engineers;
(B) the U.S. fish
and wildlife service;
(C) the
Kansas department of agriculture, division of water resources;
(D) the Kansas department of wildlife and
parks; and
(E) the Kansas
biological survey.
(e) Buffer zones.
(1) Each new C&D unit shall be located at
least 500 feet from each dwelling, school, or hospital that was occupied on the
date when the department first received the application, unless the owner of
the dwelling, school, or hospital consents in writing to the siting of the
C&D unit less than 500 feet from the dwelling, school, or hospital.
(2) Each new C&D unit shall be
located a minimum of 150 feet from the property line.
(3) The applicant may petition the secretary
for a reduction of the buffer zone distances, if the county commission of the
county in which the landfill is located approves the request.
(4) As part of the application, the applicant
shall submit an approval or exemption for the siting of the new C&D unit
with respect to buffer zones from the following agencies:
(A) The Kansas state conservation commission;
(B) the Kansas corporation
commission; and
(C) the Kansas
water office.
(f) Navigable streams and public drinking water supplies.
(1) Each new C&D unit
shall be located according to the requirements of
K.S.A.
65-3407, and amendments thereto.
(2) As part of the application, the applicant
shall submit an approval or exemption for the siting of the new C&D unit
with respect to public drinking water supplies from the department's bureau of
water.
(g) Vertical separation from groundwater.
(1) At each new
C&D unit, there shall be a minimum vertical separation of five feet from
the lowest point of the unit to the highest predicted groundwater elevation,
based on historical data or site conditions, in the uppermost aquifer
underlying the disposal area. The minimum vertical separation shall be provided
by naturally occurring, in-situ soil or geologic material, or alternative
material that ensures the protection of public health, safety, and the
environment.
(2) As part of the
application, the applicant shall submit one of the following:
(A) On-site groundwater elevations and a
prediction, based on historical data or site conditions, of the highest
groundwater elevation in the uppermost aquifer underlying the disposal area; or
(B) other evidence that the
highest groundwater elevation in the vicinity is five feet or more from the
lowest point of the C&D landfill.
(h) Unstable areas.
(1) For purposes of this subsection, the
following definitions shall apply:
(A) "Areas
susceptible to mass movement" means those areas of influence, including areas
characterized as having active, or a substantial possibility of, mass movement,
where the movement of earth material at, beneath, or adjacent to the C&D
landfill, because of natural or human-induced events, results in the downslope
transport of soil and rock material by means of gravitational influence. Mass
movement shall include the following:
(i)
Landslides;
(ii) avalanches;
(iii) debris slides and flows;
(iv) solifluction;
(v) block sliding; and
(vi) rock falls.
(B) "Karst terrain" means an area where karst
topography, with its characteristic surface and subterranean features, is
developed as the result of dissolution of limestone, dolomite, or other soluble
rock. The physiographic features characteristic of karst terrains may include
the following:
(i) Sinkholes;
(ii) sinking streams;
(iii) caves;
(iv) large springs; and
(v) blind valleys.
(C) "Poor foundation areas" means those areas
where features exist that indicate that a natural or human-induced event could
result in inadequate foundation support for the structural components of a
C&D landfill.
(D) "Structural
components" means liners, leachate collection systems, final covers, run-on
systems, runoff systems, and any other component used in the construction and
operation of the C&D landfill that is necessary for protection of public
health, safety, and the environment.
(E) "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 C&D landfill structural components used
to prevent releases from a landfill. This term shall include poor foundation
areas, areas susceptible to mass movements, and karst terrains.
(2) As part of the application,
the applicant for each C&D landfill shall submit an assessment of the
stability of the area and shall consider the following factors when determining
whether or not an area is unstable:
(A)
On-site or local conditions that could 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.
(3) As part of the application, the applicant
for each C&D landfill proposed to be located in an unstable area shall
provide information verifying that engineering measures have been incorporated
into the C&D landfill's design to ensure that the integrity of the
structural components of the C&D landfill will not be compromised.
(4) As part of the application,
the applicant shall submit an approval or exemption for the siting of the new
C&D unit with respect to stability from the Kansas geological survey.
(i) Cultural resources.
(1) Each new C&D unit shall be located so
that the unit does not pose a threat of harm or destruction to the essential
features of an irreplaceable historic or archaeological site that is listed on
the Kansas state register of historic sites, pursuant to
K.S.A.
75-2721 and amendments thereto.
(2) As part of the application, the applicant
shall submit an approval or exemption for the siting of the new C&D unit
with respect to cultural resources from the Kansas state historical society.
(j) Waivers. The requirement to submit a specific approval, exemption, or demonstration as part of the permit application may be waived by the secretary.
This regulation shall take effect 90 days after publication in the Kansas register.
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.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
