65-3309.Wastewater management;plan, contents and procedure; committee.(a) Each county preparing a plan shall organize awastewater management committee as provided in subsection (b). However,counties with populations of 30,000or less, may at their discretion, apply to the secretary of health andenvironment to be exempt from the requirement of preparing a plan. Thesecretary, after receipt of an application for exemption, shalldetermine whether sufficient necessity exists to justify the preparationof a countywide wastewater management plan, and shall inthe secretary's solediscretion, either grant or deny the exemption application. Each countypreparing a plan shall submit to thesecretary a workable plan for wastewater management within such countyas prepared by the county wastewater management committee. Thewastewater management plan shall provide for comprehensive countywidemanagement to be effective throughout the county. The plan shallincorporate and coordinate existing plans, ordinances and guidelines andshall address (1) city and county cooperation in management of existingpoint sources of pollution; (2) the management of onsite residentialwastewater treatment facilities, including septic tanks; (3) industrialwaste treatment; (4) procedures for approval of water delivery andwastewater systems for new developing areas; and (5) urban stormwaterrunoff.
(b) There is hereby created in each county of this state required toprepare a wastewater management plan a county wastewater managementcommittee. The county wastewater management committee shall be one of the following:
(1) In any county where subsection (b)(2) or (3) does not apply, the committeeshall include one member of the board of countycommissioners who shall serve as chairperson of the committee, the countyengineer, the county health officer or such officer'sdesignated representative, the director of planning where one exists, onerepresentative from each city affected by the county wastewatermanagement plan and two members selected from the public at large.The member of the committee from each city affected by the plan shall beappointed by the mayor of such city, and the members of the public atlarge shall be appointed by the board of county commissioners.
(2) In any county where amultijurisdictional planning commission is functioning solelywithin that county,such planning commission is hereby designated as the county wastewatermanagement committee.An advisory committee to said planning commissionis hereby created which shall include one member of the board ofcounty commissioners, the county engineer, the county health officer orsuch officer's designated representative, the director of planning, onerepresentative from each city affected by the county wastewatermanagement plan, one representative from each improvement districtaffected by the county wastewater management plan and two membersselected from the public at large. The member of the committee fromeach city affected by the plan shall be appointed by the mayor of suchcity, and the members of the public at large shall be appointed by theboard of county commissioners.
The multijurisdictionalplanning commission functioning as the county wastewater managementcommittee may in its discretion designate theadvisory committee as the county wastewater management committee.
(3) In any county where a wastewater management agency or agencies hasbeen established in the Kansas water quality management plan pursuant tosection 208 of the federal water pollution act and amendments thereto, suchagency or agencies is hereby designated as the county wastewater management committee.
(c) Every plan required by a county wastewater management committeeshall:
(1) Reasonably conform to the rules and regulations, standards andprocedures adopted by the secretary for implementation of this act;
(2) integrate and coordinate existing comprehensive plans,population trend projections, engineering and economics so as to planadequately for changing conditions;
(3) take into account existing acts and regulations affecting thedevelopment, use and protection of air, water or land resources;
(4) include such other reasonable information as the secretary shallrequire.
(d) All entities affected by or that can contribute to the wastewatermanagement plan shall have adequate opportunity for comment and input inthe development of the plan. Such entities shall include, but not be limitedto, rural water districts, water districts and improvement districts.The plan shall be reviewed by each local governing body affectedand by appropriate official planning agencies within the area covered bythe plan for consistency with programs of comprehensive planning for thecounty and for each other local governing unit. All such reviews shallbe transmitted to the secretary with the proposed plan.
(e) The secretary is authorized to approve or disapprove plans forcountywide wastewater management submitted in accordance with this act.If the plan is disapproved, the secretary shall furnish allreasons for such disapproval. Any action of the secretary pursuant tothis subsection is subjectto review as provided in K.S.A. 65-3312 and amendments thereto. Ifthe plan is disapproved by the secretary, thecounty shall modify the plan so as to obtain the secretary's approvalunless otherwise ordered by the court on review.
(f) Any city or county commission of any county required to develop acountywide wastewater management plan under the act of which this sectionis amendatory may act on behalf of the other units of government of saidcounty in filing the necessary documents to obtain state and federal grantsin aid and in such case shall act as contracting agency for employment ofany consultants necessary for plan development and shall also act as financialdisbursement manager for development of the plan.
History: L. 1979, ch. 270, § 2; L. 1980, ch. 193, § 1;L. 1986, ch. 318, § 95; July 1.
65-3309.Wastewater management;plan, contents and procedure; committee.(a) Each county preparing a plan shall organize awastewater management committee as provided in subsection (b). However,counties with populations of 30,000or less, may at their discretion, apply to the secretary of health andenvironment to be exempt from the requirement of preparing a plan. Thesecretary, after receipt of an application for exemption, shalldetermine whether sufficient necessity exists to justify the preparationof a countywide wastewater management plan, and shall inthe secretary's solediscretion, either grant or deny the exemption application. Each countypreparing a plan shall submit to thesecretary a workable plan for wastewater management within such countyas prepared by the county wastewater management committee. Thewastewater management plan shall provide for comprehensive countywidemanagement to be effective throughout the county. The plan shallincorporate and coordinate existing plans, ordinances and guidelines andshall address (1) city and county cooperation in management of existingpoint sources of pollution; (2) the management of onsite residentialwastewater treatment facilities, including septic tanks; (3) industrialwaste treatment; (4) procedures for approval of water delivery andwastewater systems for new developing areas; and (5) urban stormwaterrunoff.
(b) There is hereby created in each county of this state required toprepare a wastewater management plan a county wastewater managementcommittee. The county wastewater management committee shall be one of the following:
(1) In any county where subsection (b)(2) or (3) does not apply, the committeeshall include one member of the board of countycommissioners who shall serve as chairperson of the committee, the countyengineer, the county health officer or such officer'sdesignated representative, the director of planning where one exists, onerepresentative from each city affected by the county wastewatermanagement plan and two members selected from the public at large.The member of the committee from each city affected by the plan shall beappointed by the mayor of such city, and the members of the public atlarge shall be appointed by the board of county commissioners.
(2) In any county where amultijurisdictional planning commission is functioning solelywithin that county,such planning commission is hereby designated as the county wastewatermanagement committee.An advisory committee to said planning commissionis hereby created which shall include one member of the board ofcounty commissioners, the county engineer, the county health officer orsuch officer's designated representative, the director of planning, onerepresentative from each city affected by the county wastewatermanagement plan, one representative from each improvement districtaffected by the county wastewater management plan and two membersselected from the public at large. The member of the committee fromeach city affected by the plan shall be appointed by the mayor of suchcity, and the members of the public at large shall be appointed by theboard of county commissioners.
The multijurisdictionalplanning commission functioning as the county wastewater managementcommittee may in its discretion designate theadvisory committee as the county wastewater management committee.
(3) In any county where a wastewater management agency or agencies hasbeen established in the Kansas water quality management plan pursuant tosection 208 of the federal water pollution act and amendments thereto, suchagency or agencies is hereby designated as the county wastewater management committee.
(c) Every plan required by a county wastewater management committeeshall:
(1) Reasonably conform to the rules and regulations, standards andprocedures adopted by the secretary for implementation of this act;
(2) integrate and coordinate existing comprehensive plans,population trend projections, engineering and economics so as to planadequately for changing conditions;
(3) take into account existing acts and regulations affecting thedevelopment, use and protection of air, water or land resources;
(4) include such other reasonable information as the secretary shallrequire.
(d) All entities affected by or that can contribute to the wastewatermanagement plan shall have adequate opportunity for comment and input inthe development of the plan. Such entities shall include, but not be limitedto, rural water districts, water districts and improvement districts.The plan shall be reviewed by each local governing body affectedand by appropriate official planning agencies within the area covered bythe plan for consistency with programs of comprehensive planning for thecounty and for each other local governing unit. All such reviews shallbe transmitted to the secretary with the proposed plan.
(e) The secretary is authorized to approve or disapprove plans forcountywide wastewater management submitted in accordance with this act.If the plan is disapproved, the secretary shall furnish allreasons for such disapproval. Any action of the secretary pursuant tothis subsection is subjectto review as provided in K.S.A. 65-3312 and amendments thereto. Ifthe plan is disapproved by the secretary, thecounty shall modify the plan so as to obtain the secretary's approvalunless otherwise ordered by the court on review.
(f) Any city or county commission of any county required to develop acountywide wastewater management plan under the act of which this sectionis amendatory may act on behalf of the other units of government of saidcounty in filing the necessary documents to obtain state and federal grantsin aid and in such case shall act as contracting agency for employment ofany consultants necessary for plan development and shall also act as financialdisbursement manager for development of the plan.
History: L. 1979, ch. 270, § 2; L. 1980, ch. 193, § 1;L. 1986, ch. 318, § 95; July 1.
65-3309.Wastewater management;plan, contents and procedure; committee.(a) Each county preparing a plan shall organize awastewater management committee as provided in subsection (b). However,counties with populations of 30,000or less, may at their discretion, apply to the secretary of health andenvironment to be exempt from the requirement of preparing a plan. Thesecretary, after receipt of an application for exemption, shalldetermine whether sufficient necessity exists to justify the preparationof a countywide wastewater management plan, and shall inthe secretary's solediscretion, either grant or deny the exemption application. Each countypreparing a plan shall submit to thesecretary a workable plan for wastewater management within such countyas prepared by the county wastewater management committee. Thewastewater management plan shall provide for comprehensive countywidemanagement to be effective throughout the county. The plan shallincorporate and coordinate existing plans, ordinances and guidelines andshall address (1) city and county cooperation in management of existingpoint sources of pollution; (2) the management of onsite residentialwastewater treatment facilities, including septic tanks; (3) industrialwaste treatment; (4) procedures for approval of water delivery andwastewater systems for new developing areas; and (5) urban stormwaterrunoff.
(b) There is hereby created in each county of this state required toprepare a wastewater management plan a county wastewater managementcommittee. The county wastewater management committee shall be one of the following:
(1) In any county where subsection (b)(2) or (3) does not apply, the committeeshall include one member of the board of countycommissioners who shall serve as chairperson of the committee, the countyengineer, the county health officer or such officer'sdesignated representative, the director of planning where one exists, onerepresentative from each city affected by the county wastewatermanagement plan and two members selected from the public at large.The member of the committee from each city affected by the plan shall beappointed by the mayor of such city, and the members of the public atlarge shall be appointed by the board of county commissioners.
(2) In any county where amultijurisdictional planning commission is functioning solelywithin that county,such planning commission is hereby designated as the county wastewatermanagement committee.An advisory committee to said planning commissionis hereby created which shall include one member of the board ofcounty commissioners, the county engineer, the county health officer orsuch officer's designated representative, the director of planning, onerepresentative from each city affected by the county wastewatermanagement plan, one representative from each improvement districtaffected by the county wastewater management plan and two membersselected from the public at large. The member of the committee fromeach city affected by the plan shall be appointed by the mayor of suchcity, and the members of the public at large shall be appointed by theboard of county commissioners.
The multijurisdictionalplanning commission functioning as the county wastewater managementcommittee may in its discretion designate theadvisory committee as the county wastewater management committee.
(3) In any county where a wastewater management agency or agencies hasbeen established in the Kansas water quality management plan pursuant tosection 208 of the federal water pollution act and amendments thereto, suchagency or agencies is hereby designated as the county wastewater management committee.
(c) Every plan required by a county wastewater management committeeshall:
(1) Reasonably conform to the rules and regulations, standards andprocedures adopted by the secretary for implementation of this act;
(2) integrate and coordinate existing comprehensive plans,population trend projections, engineering and economics so as to planadequately for changing conditions;
(3) take into account existing acts and regulations affecting thedevelopment, use and protection of air, water or land resources;
(4) include such other reasonable information as the secretary shallrequire.
(d) All entities affected by or that can contribute to the wastewatermanagement plan shall have adequate opportunity for comment and input inthe development of the plan. Such entities shall include, but not be limitedto, rural water districts, water districts and improvement districts.The plan shall be reviewed by each local governing body affectedand by appropriate official planning agencies within the area covered bythe plan for consistency with programs of comprehensive planning for thecounty and for each other local governing unit. All such reviews shallbe transmitted to the secretary with the proposed plan.
(e) The secretary is authorized to approve or disapprove plans forcountywide wastewater management submitted in accordance with this act.If the plan is disapproved, the secretary shall furnish allreasons for such disapproval. Any action of the secretary pursuant tothis subsection is subjectto review as provided in K.S.A. 65-3312 and amendments thereto. Ifthe plan is disapproved by the secretary, thecounty shall modify the plan so as to obtain the secretary's approvalunless otherwise ordered by the court on review.
(f) Any city or county commission of any county required to develop acountywide wastewater management plan under the act of which this sectionis amendatory may act on behalf of the other units of government of saidcounty in filing the necessary documents to obtain state and federal grantsin aid and in such case shall act as contracting agency for employment ofany consultants necessary for plan development and shall also act as financialdisbursement manager for development of the plan.
History: L. 1979, ch. 270, § 2; L. 1980, ch. 193, § 1;L. 1986, ch. 318, § 95; July 1.
