Current through Register Vol. 43, No. 52, December 26, 2024
For the purposes of
K.S.A.
65-3402 and amendments thereto,
"uncontaminated soil" shall mean soil that meets all the following
conditions:
(a) The soil meets the
definition of "construction and demolition waste" in
K.S.A.
65-3402, and amendments thereto.
(b) The soil has not been generated at a
facility that is under state or federal oversight for the investigation or
cleanup of contamination, unless the state or federal project manager who is
providing the oversight approves the use of the soil as clean rubble, as
defined in
K.S.A.
65-3402 and amendments thereto.
(c) The soil exhibits no characteristic that
would be expected to create either of the following if the soil is managed as
clean rubble:
(1) An odor or other nuisance
that would be offensive to a reasonable person; or
(2) an obvious risk to human health or safety
or the environment, due to any physical or chemical property of the
soil.
(d) The soil is
determined to be suitable for use as clean rubble by one of the following
methods:
(1) The generator of the soil
determines that there is no indication of contamination in the soil. Indication
of contamination shall be based on information readily available to the
generator of the soil, including the following:
(A) The visual appearance of the
soil;
(B) the odor of the soil;
and
(C) all known past activities
at the site from which the soil is being removed.
(2) The generator of the soil obtains
analytical data from representative soil samples according to the requirements
in subsection (e) and all of the following criteria are met:
(A) The soil is not a hazardous
waste.
(B) Total nitrate plus
ammonia is less than 40 mg/kg.
(C)
The level of total petroleum hydrocarbons is less than N=1, as described in
section 5.0 of "risk-based standards for Kansas" ("RSK manual"), published in
June 2007 by the department and hereby adopted by reference, including all
appendices. The GRO tier 2 value shall be 39 mg/kg and the DRO tier 2 value
shall be 2000 mg/kg.
(D) If the
analyte is a chemical other than nitrate, ammonia, or a petroleum hydrocarbon,
all of the following criteria are met:
(i)
There is no more than one anthropogenic analyte present in the soil. For the
purposes of this regulation, the term "anthropogenic analyte" shall mean a
chemical or substance present in the environment due to human
activity.
(ii) The anthropogenic
analyte is listed in the KDHE tier 2 risk-based summary table in appendix A of
the RSK manual.
(iii) The
concentration of the anthropogenic analyte is less than the level listed in the
KDHE tier 2 risk-based summary table for residential scenarios for the soil
pathway or for the soil to ground water protection pathway, whichever is
lower.
(3)
The secretary determines that if the soil is used as clean rubble, the soil
will not present a risk to human health or safety or the environment, based on
information provided by the generator of the soil. The generator of the soil
shall submit the following information to the department:
(A) Analytical reports from representative
soil samples; and
(B) the following
information, if requested by the department:
(i) Analytical reports indicating naturally
occurring background concentrations at the site from which the soil is being
removed;
(ii) the cumulative cancer
risk level of all analytes;
(iii)
the hazard index value, as defined in K.A.R. 28-71-1, of all analytes;
and
(iv) any other information
required by the department to evaluate the potential risk to human health or
safety or the environment.
(e) If analytical data is used to meet the
conditions of this regulation, the following requirements are met:
(1) At least one representative sample shall
be collected and analyzed for each 500 cubic yards of soil.
(2) Each analysis shall be performed and
reported by a laboratory that has departmental certification, if this
certification is available, for that analysis.
(3) Each analytical report shall include the
following information:
(A) The results of
each analysis;
(B) quality control
data;
(C) a copy of the chain of
custody for each sample; and
(D) a
statement signed by the generator that the analytical results are
representative of the soil.
(4) The generator shall maintain each
analytical report on file for at least three years after the report is received
and shall make the report available to the department upon request.
