CHAPTER 62 HOUSE BILL No. 2732 An Act concerning certain sewer systems; relating to extensions thereof; amending K.S.A. 1997 Supp. 65-165 and repealing the existing section. Be it enacted by the Legislature of the State of Kansas:

Section 1. K.S.A. 1997 Supp. 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, munici-
pality 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 sec-
retary's opinion that. The secretary shall issue a permit for the extension
of the sewer system or for the discharge of sewage, or both, if the secretary
determines that: (1) The general interests of the public health would be
served thereby, or that or 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, rec-
reational needs or other beneficial use and that; and (2) such discharge
meets or will meet all applicable state water quality standards and appli-
cable 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 1998. The secretary shall stipulate in the permit the
conditions on which such discharge will be permitted and shall require
such treatment of the sewage as determined necessary to protect bene-
ficial uses of the waters of the state in accordance 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 technologically based effluent lim-
itations. Indirect dischargers shall comply with all applicable pretreatment
regulations and water quality standards.

(b) The secretary of health and environment may establish, by rules
and regulations, a program of annual certification of public sanitary sewer
systems to approve, without the necessity of securing an additional permit
from the secretary, sewer extensions for which the plans: (1) Are prepared
by a professional engineer, as defined by K.S.A. 74-7003 and amendments
thereto; and (2) conform to the minimum standards of design for water
pollution control facilities published by the secretary. A public sanitary
sewer system shall qualify for such certification only if the secretary de-
termines that the system has staff, or persons under contract, qualified to
approve sewer extensions and the system complies with any conditions
that the secretary establishes to effectively monitor and control the cer-
tification process, including but not limited to such periodic reporting of
sewer extensions approved or sewer connection permits issued, or both,
as the secretary may require.

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

Sec. 2. K.S.A. 1997 Supp. 65-165 is hereby repealed.

Sec. 3. This act shall take effect and be in force from and after its
publication in the statute book.

Approved April 2, 1998

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