28-19-40. General provisions. (A) These regulations shall apply to all incinerators and modified open burning operations except those situated on residential premises containing five (5) or less dwelling units and used exclusively for the disposal of waste originating from normal habitation of said dwellings.
(B) The burning capacity of an incinerator shall be the manufacturer's or designer's guaranteed maximum rate or such other rate as may be determined by the department in accordance with good engineering practice. In case of conflict, the findings of the department shall govern.
(C) No incinerator shall be used for the burning of wastes or the conducting of salvage operations unless such incinerator is a multiple chamber incinerator. For the purpose of this regulation a multiple chamber incinerator is defined as an incinerator consisting of three or more refractory lined combustion furnaces in series, physically separated by refractory walls, interconnected by gas passage ports or ducts and employing adequate design parameters necessary for maximum combustion of the material to be burned.
Existing incinerators which are not multiple chamber incinerators may be altered, modified or rebuilt as may be necessary to meet this requirement. The department may approve any other alteration or modification to an existing incinerator if such is found to be equally effective for the purpose of air pollution control as a modification or alteration which would result in a multiple chamber incinerator.
All new incinerators shall be multiple chamber incinerators, provided that the department shall approve any other kind of incinerator if it can be shown in advance of construction or installation that such other kind of incinerator is equally effective for purposes of air pollution control as an approved multiple chamber incinerator.
(D) Instructions for proper operation of each incinerator, including charging procedures, necessary air intake and damper adjustments, use of auxiliary burners, etc., shall be conspicuously posted, and maintained, at the incinerator location. In addition, all new incinerators, or incinerators remodeled to conform with these regulations shall have a plate designating the rated capacity of the incinerator and any auxiliary burners, permanently affixed to the incinerator. (Authorized by K.S.A. 1970 Supp. 65-3005, 65-3006, 65-3010; effective Jan. 1, 1971.)