Kansas Closure/Post-Closure Plans regulations & environmental compliance analysis

Kansas Closure/Post-Closure Plans: What you need to know

Governing Law and Regulations

Closure and post-closure rules: Kansas Administrative Regulations (KAR) 28-31-264(a), KAR 28-31-264(c)(4), KAR 28-31-264(c)(5), and KAR 28-31-264a(e); KAR 28-31-265(a), and KAR 28-31-265(c)(6) to (c)(8)(interim status)

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Closure records: KAR 28-31-264a(b) and KAR 28-31-264a(c)(1)

Laboratory certification: KAR 28-31-264a(e)

Post-closure fees: KAR 28-31-10(d)

Regulatory Agency

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.

State Requirements


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.

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