Article 1.--SECRETARY OF HEALTH AND ENVIRONMENT, ACTIVITIES
65-165.Permits for discharge of sewage or extensionof sewer system; exceptions; general permits; revocation ormodification of permit.(a) Upon application made to the secretary of health and environment bythe public authorities having by law the charge of the sewer system ofany municipality, township, county or legally constituted sewerdistrict, or any person, company, corporation, institution,municipality or federal agency, the secretary of health and environmentshall consider the case of a sewage discharge or sewer system,otherwise prohibited by this act from discharging sewage into any of thewaters of the state, or the extension of a sewer system. The secretaryshall issue a permit forthe extension of the sewer system or for the discharge of sewage, or both, ifthe secretary determines that: (1) The general interests of thepublic health would be served thereby or thedischarge of such sewage would notdetract from the quality of the waters of the state for their beneficialuses for domestic or public water supply, agricultural needs, industrialneeds, recreational needs or other beneficial use; and (2)such discharge meets or will meet all applicable state water qualitystandards and applicable federal water quality and effluent standardsunder the provisions of the federal water pollution control act and amendmentsthereto as in effect on January 1, 1998. The secretary shallstipulate in the permitthe conditions onwhich such discharge will be permitted and shall require such treatmentof the sewage as determined necessary to protectbeneficial usesof the waters of the state in accordance with the statutes and rulesand regulations defining the quality of the water affected bysuch discharge and may require treatment of the sewage in accordancewith rules and regulations predicated upon technologically basedeffluent limitations. Indirect dischargers shall comply with allapplicable pretreatment regulations and water quality standards.
(b) The secretary of health and environment may establish, by rulesand regulations, a program of annual certification of public sanitary sewersystems to approve, without the necessity of securing an additional permitfrom the secretary, sewer extensions for which the plans: (1) Are prepared bya 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 controlfacilities published by the secretary. A public sanitary sewer system shallqualify for such certification only if the secretary determines that the systemhas staff, or persons under contract, qualified to approve sewer extensions andthe system complies withany conditions that the secretary establishes to effectively monitor andcontrol the certification process, including but not limited to such periodicreporting of sewer extensions approved or sewer connection permits issued, orboth, as the secretary may require.
(c) If, in the opinion of the secretary of health andenvironment,issuance of general permits is more appropriate than issuance of individualpermits, the secretary may establish, by rule and regulation, procedures forissuance of general permits tothe following sources and facilities if such sources and facilities involvesimilar types of operations, discharge the same types of wastes or engage inthe same types of sludge use or disposal practices, require similar monitoringrequirements or require the same effluent limitations, operating conditions, orstandards for sewage sludge use or disposal:(1) A category of point and nonpoint sources of sewage suchas 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 bygeographicalor political boundaries such as, but not limited to, city, county or stateboundaries,state or county roads and highways or natural boundaries such as drainagebasins. The secretary may establish, by rule and regulation, procedures for theissuance, revocation, modification and change, reissuance or termination ofgeneral permits in the manner provided by law.
(d) Any permit application may be denied and every permit forthedischarge of sewage shall berevocable,orsubject to modification and change, by the secretary of health andenvironment, upon notice having been servedon the public authoritieshaving, by law, the charge of the sewer system any municipality, township,county or legally constituted sewer district or on the person, company,corporation, institution, municipality or federal agency owning,maintaining or using the sewage system. The length of time after receiptof the notice within which the discharge of sewage shall be discontinuedmay be stated in the permit, but in no case shall it be less than 30days or exceed two years; if the length of time is notspecified in the permit, it shall be 30 days. On the expirationof the period of time prescribed, after the service ofnotice of denial, revocation, modification or change from the secretary ofhealth andenvironment, the right to discharge sewage into any of the waters of thestate shall cease and terminate, and the prohibition of this act againstsuch discharge shall be in full force, as though no permit had beengranted, but a new permit may thereafter again be granted, ashereinbefore provided.
(e) Any permittee or permit applicant upon whom notice ofdenial,revocation, modification or change has been served pursuant to subsection(d)may appeal to the secretary within 30 days after service of the notice. Allpermit applications and requests for appeal are subject to the provisions ofthe Kansas administrative procedure act.
Article 1.--SECRETARY OF HEALTH AND ENVIRONMENT, ACTIVITIES
65-165.Permits for discharge of sewage or extensionof sewer system; exceptions; general permits; revocation ormodification of permit.(a) Upon application made to the secretary of health and environment bythe public authorities having by law the charge of the sewer system ofany municipality, township, county or legally constituted sewerdistrict, or any person, company, corporation, institution,municipality or federal agency, the secretary of health and environmentshall consider the case of a sewage discharge or sewer system,otherwise prohibited by this act from discharging sewage into any of thewaters of the state, or the extension of a sewer system. The secretaryshall issue a permit forthe extension of the sewer system or for the discharge of sewage, or both, ifthe secretary determines that: (1) The general interests of thepublic health would be served thereby or thedischarge of such sewage would notdetract from the quality of the waters of the state for their beneficialuses for domestic or public water supply, agricultural needs, industrialneeds, recreational needs or other beneficial use; and (2)such discharge meets or will meet all applicable state water qualitystandards and applicable federal water quality and effluent standardsunder the provisions of the federal water pollution control act and amendmentsthereto as in effect on January 1, 1998. The secretary shallstipulate in the permitthe conditions onwhich such discharge will be permitted and shall require such treatmentof the sewage as determined necessary to protectbeneficial usesof the waters of the state in accordance with the statutes and rulesand regulations defining the quality of the water affected bysuch discharge and may require treatment of the sewage in accordancewith rules and regulations predicated upon technologically basedeffluent limitations. Indirect dischargers shall comply with allapplicable pretreatment regulations and water quality standards.
(b) The secretary of health and environment may establish, by rulesand regulations, a program of annual certification of public sanitary sewersystems to approve, without the necessity of securing an additional permitfrom the secretary, sewer extensions for which the plans: (1) Are prepared bya 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 controlfacilities published by the secretary. A public sanitary sewer system shallqualify for such certification only if the secretary determines that the systemhas staff, or persons under contract, qualified to approve sewer extensions andthe system complies withany conditions that the secretary establishes to effectively monitor andcontrol the certification process, including but not limited to such periodicreporting of sewer extensions approved or sewer connection permits issued, orboth, as the secretary may require.
(c) If, in the opinion of the secretary of health andenvironment,issuance of general permits is more appropriate than issuance of individualpermits, the secretary may establish, by rule and regulation, procedures forissuance of general permits tothe following sources and facilities if such sources and facilities involvesimilar types of operations, discharge the same types of wastes or engage inthe same types of sludge use or disposal practices, require similar monitoringrequirements or require the same effluent limitations, operating conditions, orstandards for sewage sludge use or disposal:(1) A category of point and nonpoint sources of sewage suchas 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 bygeographicalor political boundaries such as, but not limited to, city, county or stateboundaries,state or county roads and highways or natural boundaries such as drainagebasins. The secretary may establish, by rule and regulation, procedures for theissuance, revocation, modification and change, reissuance or termination ofgeneral permits in the manner provided by law.
(d) Any permit application may be denied and every permit forthedischarge of sewage shall berevocable,orsubject to modification and change, by the secretary of health andenvironment, upon notice having been servedon the public authoritieshaving, by law, the charge of the sewer system any municipality, township,county or legally constituted sewer district or on the person, company,corporation, institution, municipality or federal agency owning,maintaining or using the sewage system. The length of time after receiptof the notice within which the discharge of sewage shall be discontinuedmay be stated in the permit, but in no case shall it be less than 30days or exceed two years; if the length of time is notspecified in the permit, it shall be 30 days. On the expirationof the period of time prescribed, after the service ofnotice of denial, revocation, modification or change from the secretary ofhealth andenvironment, the right to discharge sewage into any of the waters of thestate shall cease and terminate, and the prohibition of this act againstsuch discharge shall be in full force, as though no permit had beengranted, but a new permit may thereafter again be granted, ashereinbefore provided.
(e) Any permittee or permit applicant upon whom notice ofdenial,revocation, modification or change has been served pursuant to subsection(d)may appeal to the secretary within 30 days after service of the notice. Allpermit applications and requests for appeal are subject to the provisions ofthe Kansas administrative procedure act.
Article 1.--SECRETARY OF HEALTH AND ENVIRONMENT, ACTIVITIES
65-165.Permits for discharge of sewage or extensionof sewer system; exceptions; general permits; revocation ormodification of permit.(a) Upon application made to the secretary of health and environment bythe public authorities having by law the charge of the sewer system ofany municipality, township, county or legally constituted sewerdistrict, or any person, company, corporation, institution,municipality or federal agency, the secretary of health and environmentshall consider the case of a sewage discharge or sewer system,otherwise prohibited by this act from discharging sewage into any of thewaters of the state, or the extension of a sewer system. The secretaryshall issue a permit forthe extension of the sewer system or for the discharge of sewage, or both, ifthe secretary determines that: (1) The general interests of thepublic health would be served thereby or thedischarge of such sewage would notdetract from the quality of the waters of the state for their beneficialuses for domestic or public water supply, agricultural needs, industrialneeds, recreational needs or other beneficial use; and (2)such discharge meets or will meet all applicable state water qualitystandards and applicable federal water quality and effluent standardsunder the provisions of the federal water pollution control act and amendmentsthereto as in effect on January 1, 1998. The secretary shallstipulate in the permitthe conditions onwhich such discharge will be permitted and shall require such treatmentof the sewage as determined necessary to protectbeneficial usesof the waters of the state in accordance with the statutes and rulesand regulations defining the quality of the water affected bysuch discharge and may require treatment of the sewage in accordancewith rules and regulations predicated upon technologically basedeffluent limitations. Indirect dischargers shall comply with allapplicable pretreatment regulations and water quality standards.
(b) The secretary of health and environment may establish, by rulesand regulations, a program of annual certification of public sanitary sewersystems to approve, without the necessity of securing an additional permitfrom the secretary, sewer extensions for which the plans: (1) Are prepared bya 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 controlfacilities published by the secretary. A public sanitary sewer system shallqualify for such certification only if the secretary determines that the systemhas staff, or persons under contract, qualified to approve sewer extensions andthe system complies withany conditions that the secretary establishes to effectively monitor andcontrol the certification process, including but not limited to such periodicreporting of sewer extensions approved or sewer connection permits issued, orboth, as the secretary may require.
(c) If, in the opinion of the secretary of health andenvironment,issuance of general permits is more appropriate than issuance of individualpermits, the secretary may establish, by rule and regulation, procedures forissuance of general permits tothe following sources and facilities if such sources and facilities involvesimilar types of operations, discharge the same types of wastes or engage inthe same types of sludge use or disposal practices, require similar monitoringrequirements or require the same effluent limitations, operating conditions, orstandards for sewage sludge use or disposal:(1) A category of point and nonpoint sources of sewage suchas 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 bygeographicalor political boundaries such as, but not limited to, city, county or stateboundaries,state or county roads and highways or natural boundaries such as drainagebasins. The secretary may establish, by rule and regulation, procedures for theissuance, revocation, modification and change, reissuance or termination ofgeneral permits in the manner provided by law.
(d) Any permit application may be denied and every permit forthedischarge of sewage shall berevocable,orsubject to modification and change, by the secretary of health andenvironment, upon notice having been servedon the public authoritieshaving, by law, the charge of the sewer system any municipality, township,county or legally constituted sewer district or on the person, company,corporation, institution, municipality or federal agency owning,maintaining or using the sewage system. The length of time after receiptof the notice within which the discharge of sewage shall be discontinuedmay be stated in the permit, but in no case shall it be less than 30days or exceed two years; if the length of time is notspecified in the permit, it shall be 30 days. On the expirationof the period of time prescribed, after the service ofnotice of denial, revocation, modification or change from the secretary ofhealth andenvironment, the right to discharge sewage into any of the waters of thestate shall cease and terminate, and the prohibition of this act againstsuch discharge shall be in full force, as though no permit had beengranted, but a new permit may thereafter again be granted, ashereinbefore provided.
(e) Any permittee or permit applicant upon whom notice ofdenial,revocation, modification or change has been served pursuant to subsection(d)may appeal to the secretary within 30 days after service of the notice. Allpermit applications and requests for appeal are subject to the provisions ofthe Kansas administrative procedure act.
