HB 2508--
Session of 1997
By Committee on Federal and State Affairs

9 AN ACT concerning the secretary of the Kansas department of health 10 and environment; concerning conservation districts; relating to the 11 powers and duties thereof. 12 13 Be it enacted by the Legislature of the State of Kansas: 14 Section 1. (a) When used in this section: 15 (1) ``Project'' means any activity for which a national pollution dis- 16 charge elimination system (NPDES) permit is required. 17 (2) ``Secretary'' means the secretary of the Kansas department of 18 health and environment. 19 (3) ``Conservation district'' means a conservation district organized 20 pursuant to K.S.A. 2-1901 et seq., and amendments thereto. 21 (4) ``Permit'' means a national pollution discharge elimination system 22 (NPDES) permit. 23 (b) Prior to approval or issuance of a permit for a proposed project, 24 the secretary shall obtain a review of the proposed project by the con- 25 servation district in which such project will be located. The secretary shall 26 consider the comments submitted to the secretary in determining 27 whether to issue a permit for such project. The secretary may condition 28 the issuance of the permit for such project in a manner to address the 29 concerns of the conservation district. 30 (c) In reviewing a proposed project, the conservation district shall 31 consider: 32 (1) The beneficial and adverse effects of a proposed project in rela- 33 tion to soil erosion, sedimentation and stormwater runoff; 34 (2) the means and methods to reduce the adverse effects of a pro- 35 posed project; and 36 (3) alternatives to a proposed project with significant adverse effects. 37 (d) The conservation district shall send its written comments on the 38 proposed project within 30 days of receipt of the proposal from the sec- 39 retary. 40 (e) Nothing in this act shall be construed as prohibiting the secretary 41 from approving or issuing a permit if a conservation district determines 42 adverse effects will result if the project is permitted. Nothing in this act 43 shall be construed as preempting or duplicating any existing environmen- HB 2508

 1  tal review process otherwise provided or authorized by law.
 2    Sec. 2.  This act shall take effect and be in force from and after its
 3  publication in the statute book.