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 9  AN ACT concerning the secretary of the Kansas department of health
10    and environment; concerning conservation districts; relating to the
11    powers and duties thereof.
12
13  Be it enacted by the Legislature of the State of Kansas:
14    Section 1.  (a) When used in this section:
15    (1)  ``Project'' means any activity for which a national pollution dis-
16  charge elimination system (NPDES) permit is required.
17    (2)  ``Secretary'' means the secretary of the Kansas department of
18  health and environment.
19    (3)  ``Conservation district'' means a conservation district organized
20  pursuant to K.S.A. 2-1901 et seq., and amendments thereto.
21    (4)  ``Permit'' means a national pollution discharge elimination system
22  (NPDES) permit.
23    (b)  Prior to approval or issuance of a permit for a proposed project,
24  the secretary shall obtain a review of the proposed project by the con-
25  servation district in which such project will be located. The secretary shall
26  consider the comments submitted to the secretary in determining
27  whether to issue a permit for such project. The secretary may condition
28  the issuance of the permit for such project in a manner to address the
29  concerns of the conservation district.
30    (c)  In reviewing a proposed project, the conservation district shall
31  consider:
32    (1)  The beneficial and adverse effects of a proposed project in rela-
33  tion to soil erosion, sedimentation and stormwater runoff;
34    (2)  the means and methods to reduce the adverse effects of a pro-
35  posed project; and
36    (3)  alternatives to a proposed project with significant adverse effects.
37    (d)  The conservation district shall send its written comments on the
38  proposed project within 30 days of receipt of the proposal from the sec-
39  retary.
40    (e)  Nothing in this act shall be construed as prohibiting the secretary
41  from approving or issuing a permit if a conservation district determines
42  adverse effects will result if the project is permitted. Nothing in this act
43  shall be construed as preempting or duplicating any existing environmen-
HB 2508
                                     

 1  tal review process otherwise provided or authorized by law.
 2    Sec. 2.  This act shall take effect and be in force from and after its
 3  publication in the statute book.