Ch. 92             1997 Session Laws of Kansas             319

Be it enacted by the Legislature of the State of Kansas:

Section 1. K.S.A. 65-164 is hereby amended to read as follows: 65-
164. (a) No person, company, corporation, institution or municipality shall
place or permit to be placed or discharge or permit to flow into any of
the waters of the state any sewage, except as hereinafter provided. This
act shall not prevent the discharge of sewage from any public sewer sys-
tem owned and maintained by a municipality or sewerage company, if
such sewer system was in operation and was discharging sewage into the
waters of the state on March 20, 1907, but this exception shall not permit
the discharge of sewage from any sewer system that has been extended
subsequent to such date, nor shall it permit the discharge of any sewage
which, upon investigation by the secretary of health and environment as
hereinafter provided, is found to be polluting the waters of the state in a
manner prejudicial to the health of the inhabitants thereof.

(b) For the purposes of this act, ``sewage'' means any substance that
contains any of the waste products or excrementitious or other discharges
from the bodies of human beings or animals, or chemical or other wastes
from domestic, manufacturing or other forms of industry.

(c) Whenever a complaint is made to the secretary of health and
environment by the mayor of any city of the state, by a local health officer
or by a county or joint board of health, complaining of the pollution or
of the polluted condition of any of the waters of the state situated within
the county within which the city, local health officer or county or joint
board of health is located, it shall be the duty of the secretary of health
and environment to cause an investigation of the pollution or the polluted

320             1997 Session Laws of Kansas             Ch. 92

condition complained of. Also, whenever the secretary of health and en-
vironment otherwise has reason to believe that any of the waters of the
state are being polluted in a manner prejudicial to the health of any of
the inhabitants of the state, the secretary may initiate an investigation of
such pollution.

(d) Whenever an investigation is undertaken by the secretary of
health and environment, under subsection (c), it shall be the duty of any
person, company, corporation, institution or municipality concerned in
such pollution to furnish, on demand, to the secretary of health and en-
vironment such information as required relative to the amount and char-
acter of the polluting material discharged into the waters by such person,
company, corporation, institution or municipality. If the secretary of
health and environment finds that any of the waters of the state have
been or are being polluted in a manner prejudicial to the health of any
of the inhabitants of the state, the secretary of health and environment
shall have the authority to make an order requiring: (1) Such pollution to
cease within a reasonable time; (2) requiring such manner of treatment
or of disposition of the sewage or other polluting material as, in the sec-
retary's judgment, is necessary to prevent the future pollution of such
waters; or (3) both. It shall be the duty of the person, company, corpo-
ration, institution or municipality to whom such order is directed to fully
comply with the order of the secretary of health and environment.

(e) Any action of the secretary pursuant to subsection (d) is subject
to review in accordance with the act for judicial review and civil enforce-
ment of agency actions. The court on review shall hear the case without
delay person, company, corporation, institution or municipality upon
whom an order has been imposed pursuant to subsection (d) may appeal
to the secretary within 30 days after service of the order. If appealed, a
hearing shall be conducted in accordance with the provisions of the Kan-
sas administrative procedure act.

Sec. 2. K.S.A. 65-165 is hereby amended to read as follows: 65-165.
(a) Upon application made to the secretary of health and environment by
the public authorities having by law the charge of the sewer system of
any municipality, township, county or legally constituted sewer district,
or any person, company, corporation, institution, municipality or federal
agency, the secretary of health and environment shall consider the case
of such a sewage discharge or sewer system, otherwise prohibited by this
act from discharging sewage into any of the waters of the state, or the
extension of a sewer system and whenever it is the secretary's opinion
that the general interests of the public health would be served thereby,
or that the discharge of such sewage would not detract from the quality
of the waters of the state for their beneficial uses for domestic or public
water supply, agricultural needs, industrial needs, recreational needs or
other beneficial use and that such discharge meets or will meet all appli-

Ch. 92             1997 Session Laws of Kansas             321

cable state water quality standards and applicable federal water quality
and effluent standards under the provisions of the federal water pollution
control act and amendments thereto as in effect on January 1, 1989, the
secretary of health and environment shall issue a permit for the extension
of a sewer system or for the discharge of sewage, or both, and shall stip-
ulate in the permit the conditions on which such discharge will be per-
mitted and shall require such treatment of the sewage as determined
necessary to protect beneficial uses of the waters of the state in accor-
dance with the statutes and rules and regulations defining the quality of
the water affected by such discharge and may require treatment of the
sewage in accordance with rules and regulations predicated upon tech-
nologically based effluent limitations. Indirect dischargers shall comply
with all applicable pretreatment regulations and water quality standards.

(b) If, in the opinion of the secretary of health and environment,
issuance of general permits is more appropriate than issuance of individ-
ual permits, the secretary may establish, by rule and regulation, proce-
dures for issuance of general permits to the following sources and facilities
if such sources and facilities involve similar types of operations, discharge
the same types of wastes or engage in the same types of sludge use or
disposal practices, require similar monitoring requirements or require the
same effluent limitations, operating conditions, or standards for sewage
sludge use or disposal: (1) A category of point and nonpoint sources of
sewage such as storm water; (2) other categories of point and nonpoint
sources of sewage; or (3) categories of facilities treating domestic sewage.
Availability of general permits shall be limited to areas defined by geo-
graphical or political boundaries such as, but not limited to, city, county
or state boundaries, state or county roads and highways or natural bound-
aries such as drainage basins. The secretary may establish, by rule and
regulation, procedures for the issuance, revocation, modification and
change, reissuance or termination of general permits in the manner pro-
vided by law.

(c) Any permit application may be denied and every permit for the
discharge of sewage shall be revocable, or subject to modification and
change, by the secretary of health and environment, upon notice having
been served on the public authorities having, by law, the charge of the
sewer system any municipality, township, county or legally constituted
sewer district or on the person, company, corporation, institution, mu-
nicipality or federal agency owning, maintaining or using the sewage sys-
tem. The length of time after receipt of the notice within which the
discharge of sewage shall be discontinued may be stated in the permit,
but in no case shall it be less than 30 days or exceed two years; if the
length of time is not specified in the permit, it shall be 30 days. On the
expiration of the period of time prescribed, after the service of notice of
denial, revocation, modification or change from the secretary of health
and environment, the right to discharge sewage into any of the waters of

322             1997 Session Laws of Kansas             Ch. 92

the state shall cease and terminate, and the prohibition of this act against
such discharge shall be in full force, as though no permit had been
granted, but a new permit may thereafter again be granted, as herein-
before provided.

(d) Any permittee or permit applicant upon whom notice of denial,
revocation, modification or change has been served pursuant to subsection
(c) may appeal to the secretary within 30 days after service of the notice.
All permit applications and requests for appeal are subject to the provi-
sions of the Kansas administrative procedure act.

Sec. 3. K.S.A. 65-164 and 65-165 are hereby repealed.

Sec. 4. This act shall take effect and be in force from and after its
publication in the Kansas register.

Approved April 10, 1997.

Published in the Kansas Register: April 17, 1997.