State Codes and Statutes
Statutes > Kansas > Chapter65 > Article1 > Statutes_2506665-171p
65-171p. Public water supply systems; variances; conditions; notice;requests for public hearing;scheduled compliance.(a) The secretary of health and environment may grant a variance from anapplicable primary drinking water standard to a public water supply systemwhere the variance will not result in an unreasonable risk to the publichealth and where, because of the characteristics of the raw water sourcesreasonably available to the public water supply system, the public watersupply system cannot meet the maximum contaminant levels of the primarydrinking water standards despite application of the best technology, treatmenttechniques or other means which the secretary finds are generally available,taking costs into consideration.
(b) Prior to granting a variance, the secretary shall provide notice ina newspaper of general circulation serving the area served by the publicwater supply system of the proposed variance and that interested personsmay request a public hearing on the proposed variance. If a public hearingis requested the secretary shall set a time and place for the hearing.The hearing shall be conducted in accordance with the provisions of theKansas administrative procedure act. Frivolous or insubstantial requestsfor a hearing may be denied by the secretary.
(c) A variance shall be conditioned on monitoring, testing, analyzingor other requirements to insure the protection of the public health. Avariance granted shall include a schedule of compliance under which thepublic water supply system is required to meet each contaminant level forwhich a variance is granted within a reasonable time as specified by the secretary.
History: L. 1977, ch. 212, § 8;L. 1988, ch. 356, § 182; July 1, 1989.
