State Codes and Statutes

Statutes > Kansas > Chapter65 > Article30 > Statutes_26372

65-3016

Chapter 65.--PUBLIC HEALTH
Article 30.--AIR QUALITY CONTROL

      65-3016.   Local air quality conservation programs.Any city, county, city and county, or any combination of two (2) or morecities, counties or cities and counties are authorized to conduct testsand surveys to determine the degree of purity of the air within itsjurisdiction, and may request consultation, technical assistance andcooperation from the secretary in conducting such tests and surveys. Ifsuch tests and surveys indicate that unsatisfactory air quality exists,is likely to exist or is likely to occur, the governing body of saidcity or county shall have the authority, upon approval of the secretary,to establish a local air quality conservation authority: Provided,That no local air quality conservation authority shall be so approved,except after a public hearing as provided in this act. Any local airquality conservation authority which was in existence prior to May 1,1967, may apply to the secretary for approval as a local air qualityconservation authority hereunder. In approving or disapproving theformation of a local air quality conservation authority, the secretaryshall determine: (1) The need for a local air quality conservationauthority in the jurisdiction proposed; (2) the likely ability of thelocal air quality conservation authority, as proposed, to maintainsatisfactory air quality in its jurisdiction; and (3) whether or not thejurisdiction of the proposed local air quality conservation authoritycompletely contains the affected area.

      Local air quality control authorities shall have authority to enforcethe rules, regulations and standards adopted by the secretary and toestablish such additional rules, regulations and standards as necessaryto maintain satisfactory air quality within their jurisdiction:Provided, That any rule, regulation or standard established by alocal air quality conservation authority pertaining to health hazardshall be in compliance with the rules and regulations set forth for thatarea by the secretary: Provided further, That until the secretaryshall adopt rules, regulations and standards respecting any area withinthe jurisdiction of a local air quality conservation authority, therules, regulations and standards of such local authority respecting saidarea or areas shall have full force and effect without approval thereofby the secretary.

      Upon the establishment of a local air quality conservation authority,such authority and the secretary shall have concurrent jurisdiction overthe local area with power and authority to maintain adequate air qualityin accordance with the rules, regulations and standards adopted by thesecretary.

      When two (2) or more cities, two (2) or more counties or a city and acounty, or any combination thereof, are affected by a common air mass ofunsatisfactory quality and the respective local air quality controlauthorities, if such exist, are for any reason unable to agree upon asolution or settlement to such air quality problem, the secretary shall,after review and investigation, render decisions and make findings insettlement thereof.

      History:   L. 1967, ch. 347, § 16; L. 1970, ch. 261, § 16; L. 1974,ch. 352, § 148; July 1.

State Codes and Statutes

Statutes > Kansas > Chapter65 > Article30 > Statutes_26372

65-3016

Chapter 65.--PUBLIC HEALTH
Article 30.--AIR QUALITY CONTROL

      65-3016.   Local air quality conservation programs.Any city, county, city and county, or any combination of two (2) or morecities, counties or cities and counties are authorized to conduct testsand surveys to determine the degree of purity of the air within itsjurisdiction, and may request consultation, technical assistance andcooperation from the secretary in conducting such tests and surveys. Ifsuch tests and surveys indicate that unsatisfactory air quality exists,is likely to exist or is likely to occur, the governing body of saidcity or county shall have the authority, upon approval of the secretary,to establish a local air quality conservation authority: Provided,That no local air quality conservation authority shall be so approved,except after a public hearing as provided in this act. Any local airquality conservation authority which was in existence prior to May 1,1967, may apply to the secretary for approval as a local air qualityconservation authority hereunder. In approving or disapproving theformation of a local air quality conservation authority, the secretaryshall determine: (1) The need for a local air quality conservationauthority in the jurisdiction proposed; (2) the likely ability of thelocal air quality conservation authority, as proposed, to maintainsatisfactory air quality in its jurisdiction; and (3) whether or not thejurisdiction of the proposed local air quality conservation authoritycompletely contains the affected area.

      Local air quality control authorities shall have authority to enforcethe rules, regulations and standards adopted by the secretary and toestablish such additional rules, regulations and standards as necessaryto maintain satisfactory air quality within their jurisdiction:Provided, That any rule, regulation or standard established by alocal air quality conservation authority pertaining to health hazardshall be in compliance with the rules and regulations set forth for thatarea by the secretary: Provided further, That until the secretaryshall adopt rules, regulations and standards respecting any area withinthe jurisdiction of a local air quality conservation authority, therules, regulations and standards of such local authority respecting saidarea or areas shall have full force and effect without approval thereofby the secretary.

      Upon the establishment of a local air quality conservation authority,such authority and the secretary shall have concurrent jurisdiction overthe local area with power and authority to maintain adequate air qualityin accordance with the rules, regulations and standards adopted by thesecretary.

      When two (2) or more cities, two (2) or more counties or a city and acounty, or any combination thereof, are affected by a common air mass ofunsatisfactory quality and the respective local air quality controlauthorities, if such exist, are for any reason unable to agree upon asolution or settlement to such air quality problem, the secretary shall,after review and investigation, render decisions and make findings insettlement thereof.

      History:   L. 1967, ch. 347, § 16; L. 1970, ch. 261, § 16; L. 1974,ch. 352, § 148; July 1.


State Codes and Statutes

State Codes and Statutes

Statutes > Kansas > Chapter65 > Article30 > Statutes_26372

65-3016

Chapter 65.--PUBLIC HEALTH
Article 30.--AIR QUALITY CONTROL

      65-3016.   Local air quality conservation programs.Any city, county, city and county, or any combination of two (2) or morecities, counties or cities and counties are authorized to conduct testsand surveys to determine the degree of purity of the air within itsjurisdiction, and may request consultation, technical assistance andcooperation from the secretary in conducting such tests and surveys. Ifsuch tests and surveys indicate that unsatisfactory air quality exists,is likely to exist or is likely to occur, the governing body of saidcity or county shall have the authority, upon approval of the secretary,to establish a local air quality conservation authority: Provided,That no local air quality conservation authority shall be so approved,except after a public hearing as provided in this act. Any local airquality conservation authority which was in existence prior to May 1,1967, may apply to the secretary for approval as a local air qualityconservation authority hereunder. In approving or disapproving theformation of a local air quality conservation authority, the secretaryshall determine: (1) The need for a local air quality conservationauthority in the jurisdiction proposed; (2) the likely ability of thelocal air quality conservation authority, as proposed, to maintainsatisfactory air quality in its jurisdiction; and (3) whether or not thejurisdiction of the proposed local air quality conservation authoritycompletely contains the affected area.

      Local air quality control authorities shall have authority to enforcethe rules, regulations and standards adopted by the secretary and toestablish such additional rules, regulations and standards as necessaryto maintain satisfactory air quality within their jurisdiction:Provided, That any rule, regulation or standard established by alocal air quality conservation authority pertaining to health hazardshall be in compliance with the rules and regulations set forth for thatarea by the secretary: Provided further, That until the secretaryshall adopt rules, regulations and standards respecting any area withinthe jurisdiction of a local air quality conservation authority, therules, regulations and standards of such local authority respecting saidarea or areas shall have full force and effect without approval thereofby the secretary.

      Upon the establishment of a local air quality conservation authority,such authority and the secretary shall have concurrent jurisdiction overthe local area with power and authority to maintain adequate air qualityin accordance with the rules, regulations and standards adopted by thesecretary.

      When two (2) or more cities, two (2) or more counties or a city and acounty, or any combination thereof, are affected by a common air mass ofunsatisfactory quality and the respective local air quality controlauthorities, if such exist, are for any reason unable to agree upon asolution or settlement to such air quality problem, the secretary shall,after review and investigation, render decisions and make findings insettlement thereof.

      History:   L. 1967, ch. 347, § 16; L. 1970, ch. 261, § 16; L. 1974,ch. 352, § 148; July 1.