65-163. Public water supply systems and water treatment residues; regulation; permits; investigations. (a) (1) No person shall operate a public water supply system within the state without a public water supply system permit from the secretary. An application for a public water supply system permit shall be submitted for review and approval prior to construction and shall include: (A) A copy of the plans and specifications for the construction of the public water supply system or the extension thereof; (B) a description of the source from which the water supply is to be derived; (C) the proposed manner of storage, purification or treatment for the supply; and (D) such other data and information as required by the secretary of health and environment. No source of water supply in substitution for or in addition to the source described in the application or in any subsequent application for which a public water supply system permit is issued shall be used by a public water supply system, nor shall any change be made in the manner of storage, purification or treatment of the water supply without an additional public water supply system permit obtained in a manner similar to that prescribed by this section from the secretary.
(2) Whenever application is made to the secretary for a public water supply system permit under the provisions of this section, it shall be the duty of the secretary to examine the application without delay and, as soon as possible thereafter, to grant or deny the public water supply system permit subject to any conditions which may be imposed by the secretary to protect the public health and welfare.
(3) The secretary may adopt rules and regulations establishing a program of annual certification by public water supply systems that have staff qualified to approve the extension of distribution systems without the necessity of securing an additional permit for the extension provided the plans for the extension are prepared by a professional engineer as defined by K.S.A. 74-7003, and amendments thereto.
(b) (1) Whenever a complaint is made to the secretary by any city of the state, by a local health officer, or by a county or joint board of health concerning the sanitary quality of any water supplied to the public within the county in which the city, local health officer or county or joint board of health is located, the secretary shall investigate the public water supply system about which the complaint is made. Whenever the secretary has reason to believe that a public water supply system within the state is being operated in violation of an applicable state law or an applicable rule and regulation of the secretary, the secretary may investigate the public water supply system.
(2) Whenever an investigation of any public water supply system is undertaken by the secretary, it shall be the duty of the supplier of water under investigation to furnish to the secretary information to determine the sanitary quality of the water supplied to the public and to determine compliance with applicable state laws and rules and regulations. The secretary may issue an order requiring changes in the source or sources of the public water supply system or in the manner of storage, purification or treatment utilized by the public water supply system before delivery to consumers, or distribution facilities, collectively or individually, as may in the secretary's judgment be necessary to safeguard the sanitary quality of the water and bring about compliance with applicable state law and rules and regulations. The supplier of water shall comply with the order of the secretary.
(c) (1) As used in this subsection (c), "municipal water treatment residues" means any solid, semisolid or liquid residue generated during the treatment of water in a public water supply system treatment works.
(2) A public water supply system may place or store municipal water treatment residues resulting from sedimentation, coagulation or softening treatment processes in basins on land under the ownership and control of the public water supply system operator provided that such storage or placement is approved and permitted by the secretary under this section as part of the public water supply system.
(3) The secretary shall adopt uniform and comprehensive rules and regulations for the location, design and operation of such basins. Such rules and regulations shall require permit applications by the public water suppliers for such basins to include a copy of the plans and specifications for the location and construction of each basin, the means of conveyance of the treatment residues to such basins, the content of treatment residues, the proposed method of basin operation and closure, the method of any anticipated expansion and any other data and information required by the secretary.
(4) Whenever complaint is made to the secretary by the mayor of any city of the state, by a local health officer or by a county or joint board of health, or whenever an investigation is undertaken at the initiative of the secretary, relating to any alleged violation of the provisions of the permit for placement or storage of municipal water treatment residues in such basins, the public water supply system operator shall furnish all information the secretary requires. If the secretary finds that there is any violation of the terms of the permit, that the means of placement and storage exceed the terms of the permit or that any other condition exists by reason of the means of placement and storage that may be detrimental to the health of any inhabitants of the state or to the environment, the secretary shall have the authority to issue an order amending the permit or otherwise requiring the operator to perform remedial measures to curtail or prevent such detrimental conditions.
(d) Orders of the secretary under this section, and hearings thereon, shall be subject to the provisions of the Kansas administrative procedure act. Any action of the secretary pursuant to this section is subject to review in accordance with the Kansas judicial review act. The court on review shall hear the case without delay.
(e) The secretary shall establish by rule and regulation a system of fees for the inspection and regulation of public water supplies. No such fee shall exceed $.002 per 1,000 gallons of water sold at retail by a public water supply system. All such fees shall be paid quarterly in the manner provided for fees imposed on retail sales by public water supply systems pursuant to K.S.A. 82a-954, and amendments thereto. The secretary shall remit all moneys collected for such fees to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the public water supply fee fund created by K.S.A. 65-163c, and amendments thereto.
(f) There is hereby created an advisory committee to make recommendations regarding: (1) Fees to be adopted by the secretary under subsection (e); (2) means of strengthening on-site technical assistance to public water supply systems; (3) standards for on-site and classroom water treatment operator certification programs; (4) other matters concerning public water supplies; and (5) to advise the secretary regarding expenditure of moneys in the public water supply fee fund created by K.S.A. 65-163c, and amendments thereto. Such advisory committee shall consist of one member appointed by the secretary to represent the department of health and environment, one member appointed by the director of the Kansas water office to represent such office and two members appointed by the secretary as follows: One from three nominations submitted by the Kansas section of the American waterworks association, and one from three nominations submitted by the Kansas rural water association. Members of the advisory committee shall serve without compensation or reimbursement of expenses. The advisory committee shall meet at least four times each year on call of the secretary or a majority of the members of the committee.
History: L. 1907, ch. 382, § 3; L. 1909, ch. 226, § 1; R.S. 1923, 65-163; L. 1943, ch. 219, § 1; L. 1974, ch. 352, § 22; L. 1977, ch. 212, § 2; L. 1980, ch. 182, § 22; L. 1983, ch. 204, § 1; L. 1986, ch. 318, § 82; L. 1992, ch. 188, § 1; L. 1994, ch. 126, § 1; L. 1996, ch. 160, § 1; L. 2001, ch. 5, § 210; L. 2004, ch. 145, § 17; L. 2010, ch. 17, § 110; July 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.