65-1,176. Same; mixing zone to be used; standards for ammonia, chlorides and atrazine; permit conditions; assistance in meeting standards. 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 average cross-sectional area of the stream based on either a low flow provision of one cubic foot per second or the 7Q10 flow, whichever is the greater existing condition in the receiving stream, in determining NPDES permit limits for total ammonia and chlorides under subsections (b) and (d) for permits issued by the department.
(b) Unless an applicant for a new or renewal NPDES permit agrees to meet all 1994 surface water quality standards, notwithstanding the provisions of subsection (a), the department shall not require the applicant to comply with the numeric aquatic life criteria for total ammonia and chlorides that are contained in the 1994 surface water quality standards and shall instead require an applicant to comply with the applicant's existing permit requirements, including mixing zone provisions applicable to the permit, for numeric criteria for total ammonia and chlorides or with the criteria for total ammonia and chlorides that took effect May 1, 1987, whichever is more protective. Nothing herein shall be construed to require compliance with mixing zone provisions and numeric aquatic life criteria for total ammonia and chlorides that are more restrictive than the 1994 surface water quality standards.
(c) The department shall not use the numeric chronic aquatic life criteria for atrazine in Table 1a of subsection (d) of K.A.R. 1995 Supp. 28-16-28e and shall rely instead on the greater of either a standard of 3 parts per billion for atrazine or any revised numeric chronic aquatic life criteria for atrazine adopted by the department after consideration of any new criteria recommended by the United States environmental protection agency after the effective date of this act. Conformance with the atrazine standard shall be determined by application of the methodology used in the 1996 Kansas water quality assessment report (305(b) report) published by the department.
(d) Permits issued for expansion, upgrade or new construction of wastewater treatment facilities and modifications and renewals of existing permits shall include the following statement of conditions, which shall be legally binding and enforceable upon the permittee:
"The permittee who does not agree to meet effluent limitations as necessary to attain the aquatic life criteria for ammonia and chlorides within the 1994 surface water quality standards incurs and acknowledges the legal duty and obligation to bring the facilities and operations authorized by this permit into compliance with the permit effluent limitations based on the 1994 surface water quality standards within 24 months after July 1, 1999, unless before July 1, 1999, revised numeric criteria for ammonia and chlorides are adopted pursuant to subsection (g) of K.S.A. 1999 Supp. 65-1,177, in which case the permittee incurs and acknowledges the legal duty and obligation to bring such facilities and operations into compliance with the permit effluent limitations based on the revised criteria within 24 months following the date of adoption of the rules and regulations containing the revised criteria."
(e) The department shall develop a plan and permit conditions that will assist entities that, on the effective date of this act, hold a permit or are applicants for a permit in meeting the requirements of this section relating to total ammonia and chlorides.
History: L. 1997, ch. 148, ยง 2; May 1.
Structure Kansas Statutes
Article 1 - Secretary Of Health And Environment, Activities
65-102 Registration of vital statistics and diseases; forms.
65-102b Confidentiality of information concerning noninfectious diseases; disclosure.
65-103 Special sanitary service.
65-103a Authority to receive federal or other funds.
65-103b Federal title X funding priorities for family planning services.
65-116b Tuberculosis suspects; order by health officer; scope of examination; care and treatment.
65-116c Precautions to prevent spread of infection, when; investigations.
65-116d Failure to do required acts; proceedings by county attorney.
65-116e Commitment to medical care facility; restraint; discharge, when; recommitment.
65-116g Penalty for violations of act or regulations.
65-116h Preservation of individual rights.
65-116i Expenses of care, maintenance and treatment; payment from state funds.
65-116l Use of funds for care, maintenance or treatment; limitations.
65-116m Recovery of cost of care, maintenance or treatment from third parties.
65-122 Schools and child care facilities; non-admissions and exclusions; readmissions, when.
65-126 Quarantine of city, township or county.
65-129 Penalties for unlawful acts.
65-129d Same; unlawful discharge from employment.
65-153 Child hygiene; duties of division of public health.
65-153b Newly born infant; treatment of eyes.
65-153c Same; duty of physician and others.
65-153d Same; rules and regulations.
65-153e Same; penalty for violating 65-153b to 65-153e.
65-157 Same; analysis by office of laboratory services; disposition of fees.
65-159 Abatement of nuisances; failure to remove, penalties.
65-160 Same; duty of county attorney.
65-162a Public water supply systems; definitions.
65-163a Same; cessation of water delivery, when; order by secretary, judicial review.
65-163d Public water supply project loan program; definitions.
65-163g Same; project priority system development; priority list preparation, considerations.
65-163h Same; intended use plan for available moneys.
65-163l Same; authority to issue bonds.
65-163m Same; bond resolutions, contents; authorities of secretary relating to issuance of bonds.
65-163o Same; issuance of refunding bonds.
65-163p Same; disposition of revenue derived from bond sales.
65-163q Same; income from bonds exempt from taxation.
65-163r Same; bonds deemed legal and proper securities for investment by governmental entities.
65-163s Same; powers supplemental to other powers of the secretary; severability.
65-163t Same; publication of notice of bond issuance, contents; actions to contest, timing.
65-164 Sewage; definition; complaints, investigations, orders; administrative review.
65-166 Application for permit to discharge sewage.
65-166b Water program management fund.
65-169 Same; penalties for failure to comply with requirements of secretary.
65-170a Public water supply systems, water pollution, sewage discharge; "person" defined.
65-170b Same; access to properties and facilities; inspection and monitoring requirements.
65-170c Penalties for making false statement, representation or certification.
65-170d Public water supply systems; pollution violations; penalties; procedure; hearings.
65-170f Same; disposition of recovered penalties.
65-170g Disclosure of information; trade secrets; confidential information.
65-171a Stream pollution detrimental to animal or aquatic life.
65-171c Same; technical advisers.
65-171e Same; investigations, services and orders; fees.
65-171f Same; penalties for failure to comply with rules and regulations.
65-171g Protection of water and air from sewage contamination.
65-171h Minimum standards for sanitary water and sewage systems.
65-171i Feedlot law administration not affected by this act.
65-171j Discharge of substances containing mercury into waters of state prohibited; penalty.
65-171l Same; analyses to performed by laboratory certificated by secretary.
65-171n Same; development of emergency plans by secretary.
65-171o Public water supply systems; suppliers to provide notice, when; form of notice.
65-171r Same; prohibited acts.
65-171s Same; violation of standards; penalties; procedure; hearing; judicial review.
65-171t Same; attorney general to seek injunctive relief.
65-171x Application of acts to federal agencies.
65-171y Public water supply system regulation of lawn irrigation systems.
65-172 Sanitary supervision by secretary of health and environment.
65-173 Inspections; rules and regulations; penalty.
65-178 Same; nonliability for furnishing information for studies.
65-179 Same; unauthorized disclosure; penalty; construction of act.
65-181 Same; tests in accordance with rules and regulations of secretary.
65-182 Same; provisions inapplicable where parents object on religious grounds.
65-183 Same; report by physicians to secretary.
65-187 Powers and duties of secretary.
65-188 Enforcement of act; injunction, mandamus or quo warranto.
65-189e Act inapplicable to certain lands.
65-189f Rules and regulations providing for granting exceptions.
65-197 Advanced training for professional employees; payment of cost; rules and regulations.
65-1,109 Testing human breath for law enforcement purposes; unlawful acts; penalty.
65-1,109a Certification of laboratories performing environmental analyses.
65-1,112 Spinal cord injury treatment program; components.
65-1,113 Health manpower planning; collection of information; confidentiality.
65-1,115 Contract for health data and information relating to diabetes mellitus.
65-1,116 Confidentiality of information; exceptions.
65-1,117 Penalty for disclosure of confidential information.
65-1,118 Act not to effect mode of treatment.
65-1,119 Rules and regulations.
65-1,121 Medication aides; continuing education; requirements; fees.
65-1,134 Rules and regulations.
65-1,135 Payment of claims in subsequent fiscal year; limitation.
65-1,159 Development and submission of proposal; components.
65-1,160 Public awareness program on effects of tobacco, alcohol, drugs.
65-1,162 Educational program for health care providers regarding drugs.
65-1,163 Identification and referral of pregnant women at risk for prenatal substance abuse.
65-1,164 Same; service coordination for woman and family.
65-1,166 Toll free information line.
65-1,168 Cancer registry; definitions.
65-1,169 Same; collection of data; rules and regulations; reporting of cases.
65-1,170 Same; uses of nonconfidential data.
65-1,172 Same; uses of confidential data.
65-1,174a Cancer screening program.
65-1,175 Surface water quality standards; definitions.
65-1,179 Permit application; public notice, comment, hearing; department action, when.
65-1,180 Required distances from water.
65-1,181 Manure management plan; lagoon standards; monitoring wells, when.
65-1,182 Nutrient utilization plan; requirements for land application of manure or wastewater.
65-1,183 Waste management system; standards for operators; failure or unplanned release.
65-1,184 Emergency response plan.
65-1,185 Retention of facility's records and plans.
65-1,186 Facility operator; certification; responsibility for employee training.
65-1,188 Dead animal handling plan.
65-1,189 Facility closure plan; demonstration of financial ability.
65-1,190 Lagoon closure plan; demonstration of financial ability.
65-1,192 Preexisting facilities; application of separation distances.
65-1,193 Denial, suspension or revocation of permit; penalties for certain violations.
65-1,194 Application of certain standards to certain large facilities.
65-1,195 Kansas state university; duties.
65-1,196 Standards and requirements; application; powers of secretary of health and environment.
65-1,198 Rules and regulations; reports to legislature.
65-1,199 Rules and regulations for composting dead livestock.
65-1,203 Licensure or certification to perform lead-based paint activities.
65-1,204 Same; qualification requirements.
65-1,206 Lead-based paint hazard fee fund; sources of revenue; expenditures.
65-1,208 Noncompliance; notice; duty to meet compliance requirements.
65-1,209 Violations; criminal penalties.
65-1,211 Same; additional remedies.
65-1,212 Implementation of act by entities engaging in lead-based paint activities; when.
65-1,213 Statutory audit privilege not applicable.
65-1,224 Environmental use control; application; requirements; approval or disapproval.
65-1,225 Same; recording with register of deeds; enforcement.
65-1,226 Same; funding requirements; categories of property.
65-1,227 Same; term; removal or expiration; modification; liability.
65-1,228 Same; restrictions or prohibitions.
65-1,230 Same; department oversight and tracking.
65-1,231 Environmental use control fund.
65-1,232 Rules and regulations.
65-1,233 Publication of approved use controls.
65-1,234 Review of agency actions.
65-1,242 Use of birth defects information system.
65-1,243 Confidentiality of records.
65-1,244 Removal of information from system; form.
65-1,245 Rules and regulations.
65-1,247 Expedited processing and issuance of certain permits.
65-1,248 Breastfeeding; where.
65-1,250 Umbilical cord donation information act.
65-1,251 Influenza immunization for children; awareness and participation.
65-1,252 Division of health care finance; director; officers and employees.
65-1,253 Same; transfer of powers, duties and functions; Kansas health policy authority abolished.
65-1,255 Same; division successor to funds and liability.
65-1,256 Same; division successor to property and rights; conflict resolution.
65-1,259 Prenatal and postnatal diagnosed conditions awareness programs.