65-3301. Statement of purpose. Because the pollution of waters constitutes a menace to public health, creates public nuisances, is harmful to wildlife, fish and aquatic life, and impairs domestic, agricultural, industrial, recreational and other legitimate beneficial uses of water; and since federal legislation provides incentives for state financial participation in the construction of public water […]
65-3302. State water pollution control account; municipality defined. An account to be known as the state water pollution control account is hereby created in the state treasury to provide financial assistance to municipalities of this state in the construction of those portions of water pollution control projects which qualify for federal aid and assistance under […]
65-3303. Grants-in-aid to municipalities; state participation limited. The secretary of health and environment, hereafter referred to as the “secretary” is hereby authorized and empowered, pursuant to the provisions of this act, to order and make approved grants from such account to municipalities. The state’s contribution towards the construction of water pollution control projects shall not […]
65-3304. Same; administration and allocation. The secretary shall allocate and administer grants to municipalities from such account in the same manner as federal funds for water pollution control projects are allocated and only those projects eligible for federal financial assistance shall be eligible for state financial assistance. The determination of the relative need and the […]
65-3305. Water pollution control; rules and regulations. The secretary is hereby empowered to adopt such rules and regulations and to establish such procedures as may be necessary for the effective administration of this act. History: L. 1970, ch. 263, § 5; L. 1974, ch. 352, § 154; July 1.
65-3306. Same; state appropriation to account; encumbering moneys in account; contributions by municipality; exception to requirements of ad valorem tax reduction fund; exception to requirements of aggregate levy limitation. The secretary’s annual request for appropriations to the water pollution control account shall be based on an estimate of the fiscal needs for the ensuing budget […]
65-3307. Application of act. The provisions of this act shall be applicable to any water pollution control project on which construction was started after July 1, 1969. History: L. 1970, ch. 263, § 7; Mar. 21.
65-3308. Countywide wastewater management plans; rules and regulations of secretary. The secretary of health and environment shall promulgate rules and regulations, guidelines, standards and procedures for the development of countywide wastewater management plans, and any other rules and regulations necessary for effective implementation of this act. History: L. 1979, ch. 270, § 1; July 1.
65-3309. Wastewater management; plan, contents and procedure; committee. (a) Each county preparing a plan shall organize a wastewater management committee as provided in subsection (b). However, counties with populations of 30,000 or less, may at their discretion, apply to the secretary of health and environment to be exempt from the requirement of preparing a plan. […]
65-3310. Same; duties and functions of secretary. The secretary of health and environment is authorized and directed to: (a) Adopt rules and regulations, standards and procedures to be used by counties in the development and the periodic updating of wastewater management plans, and to enable the secretary to carry out the purposes and provisions of […]
65-3311. Same; recommendations by planning committee to governmental units regarding implementation of plan. In carrying out its duties with regard to the implementation of a countywide wastewater management plan, any county planning committee may recommend such reasonable ordinances, rules, regulations and standards for industrial siting, onsite residential wastewater treatment facilities (including septic tanks) and water […]
65-3312. Same; judicial review of secretary’s actions. Any action of the secretary of health and environment pursuant to this act is subject to review in accordance with the Kansas judicial review act. History: L. 1979, ch. 270, § 5; L. 1986, ch. 318, § 96; L. 2010, ch. 17, § 143; July 1.
65-3313. Same; applicability of act, when. No provision of this act shall be deemed mandatory until seventy-five percent (75%) or more of the moneys necessary to implement such provisions are certified by the secretary of health and environment to be available from the federal government. The remaining costs of implementation of such provisions shall be […]
65-3321. Definitions. As used in K.S.A. 65-3321 through 65-3329: (a) “Fund” means the Kansas water pollution control revolving fund established by K.S.A. 65-3322 of this act. (b) “Municipality” means any city, county, township, sewer district, improvement district, or other political subdivision of the state, or any combination thereof, which is authorized by law to construct, […]
65-3322. Kansas water pollution control revolving fund established; sources of revenue; use of moneys credited to fund. (a) There is hereby established in the state treasury a fund to be maintained in perpetuity and to be known as the Kansas water pollution control revolving fund. The fund shall consist of: (1) Amounts awarded or otherwise […]
65-3323. Powers and duties of secretary of health and environment. The secretary shall administer the provisions of K.S.A. 65-3321 through 65-3329, shall be responsible for administration and management of the fund, and is hereby authorized to: (a) Enter into agreements with the administrator, which agreements shall include but not be limited to the specific requirements […]
65-3324. Project priority list; development; loans available to municipalities having population of 5,000 or less. (a) The secretary shall develop a priority system for projects, establish ranking criteria therefor, review applications of municipalities for loans, and prepare an annual project priority list. The project priority list shall be in conformance with applicable provisions of the […]
65-3325. Intended use plan; preparation. After providing for public comment and review each year, the secretary shall prepare a plan identifying the intended uses of the moneys available in the fund. The intended use plan shall include, but not be limited to: (a) The project priority list; (b) a list of activities, if any, for […]
65-3326. Application for loan; form; agreements with municipality; contents; repayment; effect of failure of municipality to enter into agreement; assistance to municipality. (a) Municipalities which desire the provision of a loan under K.S.A. 65-3321 through 65-3329 shall submit an application therefor to the secretary. Applications shall be in such form and shall include such information […]
65-3327. Repayment of loans; dedicated revenue sources; user charges; failure of municipality to meet repayment terms; project accounts; repayment from federal grants; loan not part of bonded indebtedness. (a) The dedicated source of revenue for repayment of the loans may include service charges, connection fees, special assessments, property taxes, grants or any other source of […]
