19-27a02.Board of county commissioners serves as
governing body of district; powers and duties.
The board of county commissioners shall be the governing body of any sewer
district it creates and, as provided by this act, shall have the power to:
(a) Create, construct, reconstruct, extend, enlarge, operate and maintain
a sewer system in the sewer district;
(b) sue and be sued;
(c) enter contracts and interlocal agreements pursuant to K.S.A. 12-2901
et seq., and amendments thereto;
(d) combine sewer districts;
(e) acquire, by purchase or condemnation, any real or personal property
necessary to provide an adequate sewage system;
(f) improve
sewers and appurtenances thereof, through, under or along any street,
public highway, alley or park and across any land within the county and
to a connection with any creek, ravine, river or any other place within
10 miles of the district;
(g) construct, extend, enlarge, improve, operate and maintain sewage disposal
plants at any point
along or near the line of the sewer;
(h) acquire, by contract or purchase, easements, rights-of-way or any
other interests in sewers, sewage plants or other means of
disposal of sanitary sewage, either within or outside the state, in the
manner and on the terms the governing body deems advisable;
(i) issue permits to any individual
or corporation to build any sewers in any lateral or joint
sewer district under plans and specifications and under terms approved
by the governing body and under its inspection. The
cost of the construction shall be borne entirely by the person or corporation
contracting for the improvements;
(j) exercise powers of local legislation and administration, in conformance
with K.S.A. 19-101a, 19-101b and 19-101c, and amendments thereto, as may
be necessary and convenient for the purpose of providing sewer services
and governing the operation and transaction of business of sewer districts;
(k) create lateral sewer districts and assess the cost thereof against
the owner of the property benefited or against the maintenance budget of
the main sewer district. There may not be included in a lateral sewer district
any unplatted contiguous tract of land, under one ownership, which exceeds
10 acres in area without the consent of the owner of the land;
(l) dissolve any lateral sewer district in the main sewer district.
The property located within the lateral district may be included in one
or more other lateral sewer districts;
(m) create an area-wide sewage disposal district, for the elimination
or prevention of pollution of the waters of the state in any drainage area,
to be served by a single sewage system;
(n) (1) adopt any rule, regulation, standard, limitation or requirement
which is necessary to provide for the efficient and economical operation
of the sewer system. Before any such rule, regulation, standard, limitation
or requirement takes effect, they shall be published once each week for
two consecutive weeks in a newspaper of general circulation in the district.
Except as otherwise provided by this section, the violation of any rule,
regulation, standard, limitation or requirement shall be a misdemeanor punishable
by a fine not to exceed $500. The governing body shall have the authority
to maintain special proceedings or civil actions in any court of competent
jurisdiction for the purpose of enforcing or preventing the violation thereof
and to abate nuisances maintained in violation thereof;
(2) if any industrial user neglects, fails or refuses to comply with any
rule, regulation, standard, limitation or requirement adopted pursuant to
this section, in addition to any other remedy provided by statute or common
law, the governing body is hereby authorized after notice and opportunity
for a hearing, to refuse the discharge of wastewater from the premises of
the industrial user and to take any action necessary to prevent violating
discharges by the industrial user from the sewage system until the time
the violations cease and are corrected. The governing body may condition
the use of the sewage system upon the terms that are determined to ensure
that successive violations do not occur. The governing body is hereby authorized, after
notice and an opportunity for hearing, to assess a penalty
against the industrial user in an amount not to exceed $500 for the first
violation and in an amount not to exceed $5,000 for the second violation
and in an amount not to exceed $10,000 for the third and each successive
violation. For the purposes of this subsection, each day of violation after notice
and a reasonable time to cease or correct the violation shall be considered
a separate and successive violation;
(3) if the governing body determines any violation by an industrial user
of any rule, regulation, standard, limitation or requirement poses a threat
or danger to the public health, safety
or welfare or to the proper operation of the sewage system, the governing
body is hereby authorized to take immediate and effective emergency action
to issue or obtain any preliminary injunctive relief, without notice or
hearing, to prevent the discharge of the wastewater creating the threat or danger;
(4) if the governing body finds any violation by an industrial user of any rule,
regulation, standard, limitation or requirement, after notice and opportunity
for hearing, to be intentional, willful, and knowingly in violation or with
reckless disregard thereof, the governing body is hereby authorized to refuse
any future discharge of wastewater from the violating industrial user and
to prevent violating discharges by the industrial user into the sewage system
of the sewer district. The governing body is hereby authorized to assess
a civil penalty upon the violating industrial user in an amount not to exceed $10,000;
(5) if the governing body finds any violation by an industrial user of
any rule, regulation, standard, limitation or requirement, after notice
and opportunity for hearing, to have directly caused or contributed to any
actual detriment to the public health, safety or welfare
or to have directly caused or contributed to any damage to the sewage system
or treatment process and that the industrial user knew or should have known
that its violation could cause those effects, the governing body
is hereby authorized to assess against the industrial user a civil penalty
in an amount not to exceed $10,000 or to
collect from the industrial user the actual damages caused by the violation,
whichever is greater;
(6) whenever the governing body takes any action to prevent violating
discharges into the sewage system
of the sewer district, the governing body is hereby authorized to assess
against the violator all costs of such action;
(7) all penalties, damages and costs assessed or awarded pursuant to the
authority of this section shall be a lien upon the premises of the violator
from the date assessed or awarded until the date fully paid. All proceeds
received or collected from fines, penalties, damages or costs shall be used
by the governing
body first to defray the costs of administering any rule, regulation, standard,
limitation or requirement adopted pursuant to this section and then to
defray the costs of any repairs, replacements, maintenance or reconstruction
necessitated by violations thereof, and then to defray the general operation
and maintenance costs of the sewer district;
(o) take any action necessary to prevent, control, reduce and eliminate
water pollution in order to comply with the clean water act, 33 U.S.C. 1251
et seq., and amendments thereto; and
(p) take any action consistent with the provisions of this act for the
safe, proper and economical operation of any sewer district.
19-27a02.Board of county commissioners serves as
governing body of district; powers and duties.
The board of county commissioners shall be the governing body of any sewer
district it creates and, as provided by this act, shall have the power to:
(a) Create, construct, reconstruct, extend, enlarge, operate and maintain
a sewer system in the sewer district;
(b) sue and be sued;
(c) enter contracts and interlocal agreements pursuant to K.S.A. 12-2901
et seq., and amendments thereto;
(d) combine sewer districts;
(e) acquire, by purchase or condemnation, any real or personal property
necessary to provide an adequate sewage system;
(f) improve
sewers and appurtenances thereof, through, under or along any street,
public highway, alley or park and across any land within the county and
to a connection with any creek, ravine, river or any other place within
10 miles of the district;
(g) construct, extend, enlarge, improve, operate and maintain sewage disposal
plants at any point
along or near the line of the sewer;
(h) acquire, by contract or purchase, easements, rights-of-way or any
other interests in sewers, sewage plants or other means of
disposal of sanitary sewage, either within or outside the state, in the
manner and on the terms the governing body deems advisable;
(i) issue permits to any individual
or corporation to build any sewers in any lateral or joint
sewer district under plans and specifications and under terms approved
by the governing body and under its inspection. The
cost of the construction shall be borne entirely by the person or corporation
contracting for the improvements;
(j) exercise powers of local legislation and administration, in conformance
with K.S.A. 19-101a, 19-101b and 19-101c, and amendments thereto, as may
be necessary and convenient for the purpose of providing sewer services
and governing the operation and transaction of business of sewer districts;
(k) create lateral sewer districts and assess the cost thereof against
the owner of the property benefited or against the maintenance budget of
the main sewer district. There may not be included in a lateral sewer district
any unplatted contiguous tract of land, under one ownership, which exceeds
10 acres in area without the consent of the owner of the land;
(l) dissolve any lateral sewer district in the main sewer district.
The property located within the lateral district may be included in one
or more other lateral sewer districts;
(m) create an area-wide sewage disposal district, for the elimination
or prevention of pollution of the waters of the state in any drainage area,
to be served by a single sewage system;
(n) (1) adopt any rule, regulation, standard, limitation or requirement
which is necessary to provide for the efficient and economical operation
of the sewer system. Before any such rule, regulation, standard, limitation
or requirement takes effect, they shall be published once each week for
two consecutive weeks in a newspaper of general circulation in the district.
Except as otherwise provided by this section, the violation of any rule,
regulation, standard, limitation or requirement shall be a misdemeanor punishable
by a fine not to exceed $500. The governing body shall have the authority
to maintain special proceedings or civil actions in any court of competent
jurisdiction for the purpose of enforcing or preventing the violation thereof
and to abate nuisances maintained in violation thereof;
(2) if any industrial user neglects, fails or refuses to comply with any
rule, regulation, standard, limitation or requirement adopted pursuant to
this section, in addition to any other remedy provided by statute or common
law, the governing body is hereby authorized after notice and opportunity
for a hearing, to refuse the discharge of wastewater from the premises of
the industrial user and to take any action necessary to prevent violating
discharges by the industrial user from the sewage system until the time
the violations cease and are corrected. The governing body may condition
the use of the sewage system upon the terms that are determined to ensure
that successive violations do not occur. The governing body is hereby authorized, after
notice and an opportunity for hearing, to assess a penalty
against the industrial user in an amount not to exceed $500 for the first
violation and in an amount not to exceed $5,000 for the second violation
and in an amount not to exceed $10,000 for the third and each successive
violation. For the purposes of this subsection, each day of violation after notice
and a reasonable time to cease or correct the violation shall be considered
a separate and successive violation;
(3) if the governing body determines any violation by an industrial user
of any rule, regulation, standard, limitation or requirement poses a threat
or danger to the public health, safety
or welfare or to the proper operation of the sewage system, the governing
body is hereby authorized to take immediate and effective emergency action
to issue or obtain any preliminary injunctive relief, without notice or
hearing, to prevent the discharge of the wastewater creating the threat or danger;
(4) if the governing body finds any violation by an industrial user of any rule,
regulation, standard, limitation or requirement, after notice and opportunity
for hearing, to be intentional, willful, and knowingly in violation or with
reckless disregard thereof, the governing body is hereby authorized to refuse
any future discharge of wastewater from the violating industrial user and
to prevent violating discharges by the industrial user into the sewage system
of the sewer district. The governing body is hereby authorized to assess
a civil penalty upon the violating industrial user in an amount not to exceed $10,000;
(5) if the governing body finds any violation by an industrial user of
any rule, regulation, standard, limitation or requirement, after notice
and opportunity for hearing, to have directly caused or contributed to any
actual detriment to the public health, safety or welfare
or to have directly caused or contributed to any damage to the sewage system
or treatment process and that the industrial user knew or should have known
that its violation could cause those effects, the governing body
is hereby authorized to assess against the industrial user a civil penalty
in an amount not to exceed $10,000 or to
collect from the industrial user the actual damages caused by the violation,
whichever is greater;
(6) whenever the governing body takes any action to prevent violating
discharges into the sewage system
of the sewer district, the governing body is hereby authorized to assess
against the violator all costs of such action;
(7) all penalties, damages and costs assessed or awarded pursuant to the
authority of this section shall be a lien upon the premises of the violator
from the date assessed or awarded until the date fully paid. All proceeds
received or collected from fines, penalties, damages or costs shall be used
by the governing
body first to defray the costs of administering any rule, regulation, standard,
limitation or requirement adopted pursuant to this section and then to
defray the costs of any repairs, replacements, maintenance or reconstruction
necessitated by violations thereof, and then to defray the general operation
and maintenance costs of the sewer district;
(o) take any action necessary to prevent, control, reduce and eliminate
water pollution in order to comply with the clean water act, 33 U.S.C. 1251
et seq., and amendments thereto; and
(p) take any action consistent with the provisions of this act for the
safe, proper and economical operation of any sewer district.
19-27a02.Board of county commissioners serves as
governing body of district; powers and duties.
The board of county commissioners shall be the governing body of any sewer
district it creates and, as provided by this act, shall have the power to:
(a) Create, construct, reconstruct, extend, enlarge, operate and maintain
a sewer system in the sewer district;
(b) sue and be sued;
(c) enter contracts and interlocal agreements pursuant to K.S.A. 12-2901
et seq., and amendments thereto;
(d) combine sewer districts;
(e) acquire, by purchase or condemnation, any real or personal property
necessary to provide an adequate sewage system;
(f) improve
sewers and appurtenances thereof, through, under or along any street,
public highway, alley or park and across any land within the county and
to a connection with any creek, ravine, river or any other place within
10 miles of the district;
(g) construct, extend, enlarge, improve, operate and maintain sewage disposal
plants at any point
along or near the line of the sewer;
(h) acquire, by contract or purchase, easements, rights-of-way or any
other interests in sewers, sewage plants or other means of
disposal of sanitary sewage, either within or outside the state, in the
manner and on the terms the governing body deems advisable;
(i) issue permits to any individual
or corporation to build any sewers in any lateral or joint
sewer district under plans and specifications and under terms approved
by the governing body and under its inspection. The
cost of the construction shall be borne entirely by the person or corporation
contracting for the improvements;
(j) exercise powers of local legislation and administration, in conformance
with K.S.A. 19-101a, 19-101b and 19-101c, and amendments thereto, as may
be necessary and convenient for the purpose of providing sewer services
and governing the operation and transaction of business of sewer districts;
(k) create lateral sewer districts and assess the cost thereof against
the owner of the property benefited or against the maintenance budget of
the main sewer district. There may not be included in a lateral sewer district
any unplatted contiguous tract of land, under one ownership, which exceeds
10 acres in area without the consent of the owner of the land;
(l) dissolve any lateral sewer district in the main sewer district.
The property located within the lateral district may be included in one
or more other lateral sewer districts;
(m) create an area-wide sewage disposal district, for the elimination
or prevention of pollution of the waters of the state in any drainage area,
to be served by a single sewage system;
(n) (1) adopt any rule, regulation, standard, limitation or requirement
which is necessary to provide for the efficient and economical operation
of the sewer system. Before any such rule, regulation, standard, limitation
or requirement takes effect, they shall be published once each week for
two consecutive weeks in a newspaper of general circulation in the district.
Except as otherwise provided by this section, the violation of any rule,
regulation, standard, limitation or requirement shall be a misdemeanor punishable
by a fine not to exceed $500. The governing body shall have the authority
to maintain special proceedings or civil actions in any court of competent
jurisdiction for the purpose of enforcing or preventing the violation thereof
and to abate nuisances maintained in violation thereof;
(2) if any industrial user neglects, fails or refuses to comply with any
rule, regulation, standard, limitation or requirement adopted pursuant to
this section, in addition to any other remedy provided by statute or common
law, the governing body is hereby authorized after notice and opportunity
for a hearing, to refuse the discharge of wastewater from the premises of
the industrial user and to take any action necessary to prevent violating
discharges by the industrial user from the sewage system until the time
the violations cease and are corrected. The governing body may condition
the use of the sewage system upon the terms that are determined to ensure
that successive violations do not occur. The governing body is hereby authorized, after
notice and an opportunity for hearing, to assess a penalty
against the industrial user in an amount not to exceed $500 for the first
violation and in an amount not to exceed $5,000 for the second violation
and in an amount not to exceed $10,000 for the third and each successive
violation. For the purposes of this subsection, each day of violation after notice
and a reasonable time to cease or correct the violation shall be considered
a separate and successive violation;
(3) if the governing body determines any violation by an industrial user
of any rule, regulation, standard, limitation or requirement poses a threat
or danger to the public health, safety
or welfare or to the proper operation of the sewage system, the governing
body is hereby authorized to take immediate and effective emergency action
to issue or obtain any preliminary injunctive relief, without notice or
hearing, to prevent the discharge of the wastewater creating the threat or danger;
(4) if the governing body finds any violation by an industrial user of any rule,
regulation, standard, limitation or requirement, after notice and opportunity
for hearing, to be intentional, willful, and knowingly in violation or with
reckless disregard thereof, the governing body is hereby authorized to refuse
any future discharge of wastewater from the violating industrial user and
to prevent violating discharges by the industrial user into the sewage system
of the sewer district. The governing body is hereby authorized to assess
a civil penalty upon the violating industrial user in an amount not to exceed $10,000;
(5) if the governing body finds any violation by an industrial user of
any rule, regulation, standard, limitation or requirement, after notice
and opportunity for hearing, to have directly caused or contributed to any
actual detriment to the public health, safety or welfare
or to have directly caused or contributed to any damage to the sewage system
or treatment process and that the industrial user knew or should have known
that its violation could cause those effects, the governing body
is hereby authorized to assess against the industrial user a civil penalty
in an amount not to exceed $10,000 or to
collect from the industrial user the actual damages caused by the violation,
whichever is greater;
(6) whenever the governing body takes any action to prevent violating
discharges into the sewage system
of the sewer district, the governing body is hereby authorized to assess
against the violator all costs of such action;
(7) all penalties, damages and costs assessed or awarded pursuant to the
authority of this section shall be a lien upon the premises of the violator
from the date assessed or awarded until the date fully paid. All proceeds
received or collected from fines, penalties, damages or costs shall be used
by the governing
body first to defray the costs of administering any rule, regulation, standard,
limitation or requirement adopted pursuant to this section and then to
defray the costs of any repairs, replacements, maintenance or reconstruction
necessitated by violations thereof, and then to defray the general operation
and maintenance costs of the sewer district;
(o) take any action necessary to prevent, control, reduce and eliminate
water pollution in order to comply with the clean water act, 33 U.S.C. 1251
et seq., and amendments thereto; and
(p) take any action consistent with the provisions of this act for the
safe, proper and economical operation of any sewer district.