Governing Law and Regulations
Kansas Department of Health and Environment (KDHE) Division of Environment Bureau of Waste Management Hazardous Waste Program
See ADDRESSES & CONTACTS for addresses and telephone numbers.
See national section for basic information and federal regulations.
Comparison: State vs. Federal
• Rules. Kansas has incorporated by reference the federal closure and post-closure rules for hazardous waste treatment, storage, and disposal facilities (TSDFs) and added state rules in connection with notices on the property deed, restrictive covenants, laboratory certification of hazardous waste samples, and an annual post-closure fee.
• Administration and enforcement. KDHE's Bureau of Waste Management administers and enforces the TSDF closure and post-closure requirements in Kansas.
KAR 28-31-264a(b) and KAR 28-31-264a(c)(1)
Kansas requires that each TSDF property owner record a notice with the county register of deeds where the property is located that the property has been used to manage hazardous wastes and that all records, including those regarding closure, are available for public review at KDHE.
The owner of property on which a hazardous waste facility is situated may be required to file a restrictive covenant, to run with the deed to the land, specifying uses of land after closure.