Kansas Wastewater Variances regulations & environmental compliance analysis

Kansas Wastewater Variances: What you need to know

Governing Law and Regulations

Terms and conditions of permits: Kansas Administrative Regulations (KAR) 28-16-62

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Pretreatment standards (fundamentally different factors (FDF) variance): KAR 28-16-95

Removal credits: KAR 28-16-89

Wastewater lagoons: KAR 28-16-174

Animal waste: KAR 28-18-15 and KAR 28-18a-25

Floodplain management: KAR 5-44-5

Regulatory Agencies

Kansas Department of Health and Environment (KDHE) Division of the Environment Bureau of Water Industrial Program

Kansas Department of Agriculture (KDA) Division of Water Resources

U.S. Environmental Protection Agency (EPA) Region 7

See ADDRESSES & CONTACTS for addresses and telephone numbers.

See national section for basic information and federal regulations.

Comparison: State vs. Federal

Rules. Kansas regulations provide for a reopener clause that allows the modification of a permit when the permittee has filed a request for a variance. The variance request may be for conditions in the state's effluent limitations and pretreatment standards under federal requirements (33 USC 301(c) to 301(k) or 33 USC 316(a)) for FDFs (KAR 28-16-62(e)(1)(F)).

Kansas has adopted by reference federal regulations for FDF variances from categorical pretreatment standards, except that an FDF variance is not available for any toxic pollutant controlled in a categorical pretreatment standard (KAR 28-16-95). For more information about Kansas's industrial pretreatment program, see the state section PRETREATMENT STANDARDS.

Kansas has also adopted by reference federal regulations providing for economic and water quality variances under Sections 301(c) and 301(g) of the Clean Water Act, respectively.

Administration and enforcement. KDHE administers all portions of the federal ...


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