Kansas Administrative Regulations
Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT
Article 5 - SEWAGE AND EXCRETA DISPOSAL
Section 28-5-9 - Variance
Universal Citation: KS Admin Regs 28-5-9
Current through Register Vol. 43, No. 39, September 26, 2024
(a)
(1) In counties with no locally adopted
sanitary code, a variance from requirements of K.A.R. 28-5-2 through K.A.R.
28-5-7 may be granted by the Kansas department of health and environment, if
the following conditions are met.
(A) The
features of the site for which the variance is requested are not compatible
with requirements of the regulations.
(B) Alternate methods are available that will
attain the objectives of the regulations.
(C) The variation from the regulations will
not adversely affect public health or the environment.
(2) Any person requesting a variance from
these regulations shall provide the Kansas department of health and environment
with a written request for a variance. This request shall include a description
of the proposed wastewater treatment system, information on the treatment
effectiveness of the proposed system, and any other information that the Kansas
department of health and environment deems necessary to determine the
effectiveness and reliability of the proposed system. No such proposed system
shall be constructed without the written approval of the Kansas department of
health and environment.
(b) In counties with adopted sanitary codes containing a variance clause, the local administrative agency has the authority to grant variances from requirements of the local code.
(c) Before construction of any facility for receipt of sewage, an application for variance shall be filed with and approved by either the Kansas department of health and environment or the appropriate local authority in accordance with provisions of this regulation.
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