Article 1.--SECRETARY OF HEALTH AND ENVIRONMENT, ACTIVITIES
65-1,176.Same; mixing zone to be used; standardsfor ammonia, chlorides and atrazine; permit conditions; assistance in meetingstandards.On and after the effective date of this act and before July 1, 1999:
(a) The department shall use a mixing zone of 50% of the averagecross-sectional area of the stream based on either a low flow provision of onecubic foot per second or the 7Q10 flow, whichever is the greater existingcondition in the receiving stream, in determining NPDES permit limits for totalammonia and chlorides under subsections (b) and (d) for permits issued by thedepartment.
(b) Unless an applicant for a new or renewal NPDES permit agrees to meetall 1994 surface water quality standards, notwithstanding the provisions ofsubsection (a), the department shall not require the applicant to comply withthe numeric aquatic life criteria for total ammonia and chlorides that arecontained in the 1994 surface water quality standards and shall instead requirean applicant to comply with the applicant's existing permit requirements,including mixing zone provisions applicable to the permit, for numeric criteriafor total ammonia and chlorides or with the criteria for total ammonia andchlorides that took effect May 1, 1987, whichever is more protective. Nothingherein shall be construed to require compliance with mixing zone provisions andnumeric aquatic life criteria for total ammonia and chlorides that are morerestrictive than the 1994 surface water quality standards.
(c) The department shall not use the numeric chronic aquatic life criteriafor atrazine in Table 1a of subsection (d) of K.A.R. 1995 Supp. 28-16-28e andshall rely instead on the greater of either a standard of 3 parts per billionfor atrazine or any revised numeric chronic aquatic life criteria for atrazineadopted by the department after consideration of any new criteria recommendedby the United States environmental protection agency after the effective dateof this act. Conformance with the atrazine standard shall be determined byapplication of the methodology used in the 1996 Kansas water quality assessmentreport (305(b) report) published by the department.
(d) Permits issued for expansion, upgrade or new construction of wastewatertreatment facilities and modifications and renewals of existing permits shallinclude the following statement of conditions, which shall be legally bindingand enforceable upon the permittee:
"The permittee who does not agree to meet effluent limitations as necessary toattain the aquatic life criteria for ammonia and chlorides within the 1994surface water quality standards incurs and acknowledges the legal duty andobligation to bring the facilities and operations authorized by this permitinto compliance with the permit effluent limitations based on the 1994 surfacewater quality standards within 24 months after July 1, 1999, unless before July1, 1999, revised numeric criteria for ammonia and chlorides are adoptedpursuant to subsection (g) of K.S.A. 1999 Supp. 65-1,177, in which case thepermittee incurs and acknowledges the legal duty and obligation to bring suchfacilities and operations into compliance with the permit effluent limitationsbased on the revised criteria within 24 months following the date of adoptionof the rules and regulations containing the revised criteria."
(e) The department shall develop a plan and permit conditions that willassist entities that, on the effective date of this act, hold a permit or areapplicants for a permit in meeting the requirements of this section relating tototal ammonia and chlorides.
Article 1.--SECRETARY OF HEALTH AND ENVIRONMENT, ACTIVITIES
65-1,176.Same; mixing zone to be used; standardsfor ammonia, chlorides and atrazine; permit conditions; assistance in meetingstandards.On and after the effective date of this act and before July 1, 1999:
(a) The department shall use a mixing zone of 50% of the averagecross-sectional area of the stream based on either a low flow provision of onecubic foot per second or the 7Q10 flow, whichever is the greater existingcondition in the receiving stream, in determining NPDES permit limits for totalammonia and chlorides under subsections (b) and (d) for permits issued by thedepartment.
(b) Unless an applicant for a new or renewal NPDES permit agrees to meetall 1994 surface water quality standards, notwithstanding the provisions ofsubsection (a), the department shall not require the applicant to comply withthe numeric aquatic life criteria for total ammonia and chlorides that arecontained in the 1994 surface water quality standards and shall instead requirean applicant to comply with the applicant's existing permit requirements,including mixing zone provisions applicable to the permit, for numeric criteriafor total ammonia and chlorides or with the criteria for total ammonia andchlorides that took effect May 1, 1987, whichever is more protective. Nothingherein shall be construed to require compliance with mixing zone provisions andnumeric aquatic life criteria for total ammonia and chlorides that are morerestrictive than the 1994 surface water quality standards.
(c) The department shall not use the numeric chronic aquatic life criteriafor atrazine in Table 1a of subsection (d) of K.A.R. 1995 Supp. 28-16-28e andshall rely instead on the greater of either a standard of 3 parts per billionfor atrazine or any revised numeric chronic aquatic life criteria for atrazineadopted by the department after consideration of any new criteria recommendedby the United States environmental protection agency after the effective dateof this act. Conformance with the atrazine standard shall be determined byapplication of the methodology used in the 1996 Kansas water quality assessmentreport (305(b) report) published by the department.
(d) Permits issued for expansion, upgrade or new construction of wastewatertreatment facilities and modifications and renewals of existing permits shallinclude the following statement of conditions, which shall be legally bindingand enforceable upon the permittee:
"The permittee who does not agree to meet effluent limitations as necessary toattain the aquatic life criteria for ammonia and chlorides within the 1994surface water quality standards incurs and acknowledges the legal duty andobligation to bring the facilities and operations authorized by this permitinto compliance with the permit effluent limitations based on the 1994 surfacewater quality standards within 24 months after July 1, 1999, unless before July1, 1999, revised numeric criteria for ammonia and chlorides are adoptedpursuant to subsection (g) of K.S.A. 1999 Supp. 65-1,177, in which case thepermittee incurs and acknowledges the legal duty and obligation to bring suchfacilities and operations into compliance with the permit effluent limitationsbased on the revised criteria within 24 months following the date of adoptionof the rules and regulations containing the revised criteria."
(e) The department shall develop a plan and permit conditions that willassist entities that, on the effective date of this act, hold a permit or areapplicants for a permit in meeting the requirements of this section relating tototal ammonia and chlorides.
Article 1.--SECRETARY OF HEALTH AND ENVIRONMENT, ACTIVITIES
65-1,176.Same; mixing zone to be used; standardsfor ammonia, chlorides and atrazine; permit conditions; assistance in meetingstandards.On and after the effective date of this act and before July 1, 1999:
(a) The department shall use a mixing zone of 50% of the averagecross-sectional area of the stream based on either a low flow provision of onecubic foot per second or the 7Q10 flow, whichever is the greater existingcondition in the receiving stream, in determining NPDES permit limits for totalammonia and chlorides under subsections (b) and (d) for permits issued by thedepartment.
(b) Unless an applicant for a new or renewal NPDES permit agrees to meetall 1994 surface water quality standards, notwithstanding the provisions ofsubsection (a), the department shall not require the applicant to comply withthe numeric aquatic life criteria for total ammonia and chlorides that arecontained in the 1994 surface water quality standards and shall instead requirean applicant to comply with the applicant's existing permit requirements,including mixing zone provisions applicable to the permit, for numeric criteriafor total ammonia and chlorides or with the criteria for total ammonia andchlorides that took effect May 1, 1987, whichever is more protective. Nothingherein shall be construed to require compliance with mixing zone provisions andnumeric aquatic life criteria for total ammonia and chlorides that are morerestrictive than the 1994 surface water quality standards.
(c) The department shall not use the numeric chronic aquatic life criteriafor atrazine in Table 1a of subsection (d) of K.A.R. 1995 Supp. 28-16-28e andshall rely instead on the greater of either a standard of 3 parts per billionfor atrazine or any revised numeric chronic aquatic life criteria for atrazineadopted by the department after consideration of any new criteria recommendedby the United States environmental protection agency after the effective dateof this act. Conformance with the atrazine standard shall be determined byapplication of the methodology used in the 1996 Kansas water quality assessmentreport (305(b) report) published by the department.
(d) Permits issued for expansion, upgrade or new construction of wastewatertreatment facilities and modifications and renewals of existing permits shallinclude the following statement of conditions, which shall be legally bindingand enforceable upon the permittee:
"The permittee who does not agree to meet effluent limitations as necessary toattain the aquatic life criteria for ammonia and chlorides within the 1994surface water quality standards incurs and acknowledges the legal duty andobligation to bring the facilities and operations authorized by this permitinto compliance with the permit effluent limitations based on the 1994 surfacewater quality standards within 24 months after July 1, 1999, unless before July1, 1999, revised numeric criteria for ammonia and chlorides are adoptedpursuant to subsection (g) of K.S.A. 1999 Supp. 65-1,177, in which case thepermittee incurs and acknowledges the legal duty and obligation to bring suchfacilities and operations into compliance with the permit effluent limitationsbased on the revised criteria within 24 months following the date of adoptionof the rules and regulations containing the revised criteria."
(e) The department shall develop a plan and permit conditions that willassist entities that, on the effective date of this act, hold a permit or areapplicants for a permit in meeting the requirements of this section relating tototal ammonia and chlorides.
