Session of 1998
By Representative Mason
            9             AN ACT concerning wastewater; relating to wastewater management;
10             amending K.S.A. 65-3309 and repealing the existing section.
12       Be it enacted by the Legislature of the State of Kansas:
13           Section 1. K.S.A. 65-3309 is hereby amended to read as follows:
14       65-3309. (a) Each county preparing a plan shall organize a wastewater
15       management committee as provided in subsection (b).   However, counties
16       with populations of 30,000 or less, may at their discretion, apply to the
17       secretary of health and environment to be exempt from the requirement
18       of preparing a plan. The secretary, after receipt of an application for
19       exemption, shall determine whether sufficient necessity exists to justify
20       the preparation of a countywide wastewater management plan, and shall
21       in the secretary's sole discretion, either grant or deny the exemption ap-
22       plication. Each county preparing a plan shall submit to the secretary a
23       workable plan for wastewater management within such county as pre-
24       pared by the county wastewater management committee. The wastewater
25       management plan shall provide for comprehensive countywide manage-
26       ment to be effective throughout the county. The plan shall incorporate
27       and coordinate existing plans, ordinances and guidelines and shall address
28       (1) city and county cooperation in management of existing point sources
29       of pollution; (2) the management of onsite residential wastewater treat-
30       ment facilities, including septic tanks; (3) industrial waste treatment; (4)
31       procedures for approval of water delivery and wastewater systems for new
32       developing areas; and (5) urban stormwater runoff.
33           (b) There is hereby created in each county of this state   (Rx)quired to
34       prepare a wastewater management plan a county wastewater manage-
35       ment committee. The county wastewater management committee shall
36       be one of the following:
37           (1) In any county where subsection (b)(2) or (3) does not apply, the
38       committee shall include one member of the board of county commis-
39       sioners who shall serve as chairperson of the committee, the county en-
40       gineer, the county health officer or such officer's designated represen-
41       tative, the director of planning where one exists, one representative from
42       each city affected by the county wastewater management plan and two
43       members selected from the public at large. The member of the commit-

HB 2948


  1       tee from each city affected by the plan shall be appointed by the mayor
  2       of such city, and the members of the public at large shall be appointed
  3       by the board of county commissioners.
  4           (2) In any county where a multijurisdictional planning commission is
  5       functioning solely within that county, such planning commission is hereby
  6       designated as the county wastewater management committee. An advi-
  7       sory committee to   said the planning commission is hereby created which
  8       shall include one member of the board of county commissioners, the
  9       county engineer, the county health officer or such officer's designated
10       representative, the director of planning, one representative from each city
11       affected by the county wastewater management plan, one representative
12       from each improvement district affected by the county wastewater man-
13       agement plan and two members selected from the public at large. The
14       member of the committee from each city affected by the plan shall be
15       appointed by the mayor of such city, and the members of the public at
16       large shall be appointed by the board of county commissioners.
17           The multijurisdictional planning commission functioning as the county
18       wastewater management committee   (male symbol)y, in its discretion, may designate
19       the advisory committee as the county wastewater management commit-
20       tee.
21           (3) In any county where a wastewater management agency or agen-
22       cies has been established in the Kansas water quality management plan
23       pursuant to section 208 of the federal water pollution act and amend-
24       ments thereto, such agency or agencies is hereby designated as the county
25       wastewater management committee.
26           (c) Every plan required by a county wastewater management com-
27       mittee shall:
28           (1) Reasonably conform to the rules and regulations, standards and
29       procedures adopted by the secretary for implementation of this act;
30           (2) integrate and coordinate existing comprehensive plans, popula-
31       tion trend projections, engineering and economics so as to plan ade-
32       quately for changing conditions;
33           (3) take into account existing acts and regulations affecting the de-
34       velopment, use and protection of air, water or land resources; and
35           (4) include such other reasonable information as the secretary shall
36       require.
37           (d) All entities affected by or that can contribute to the wastewater
38       management plan shall have adequate opportunity for comment and in-
39       put in the development of the plan. Such entities shall include, but not
40       be limited to, rural water districts, water districts and improvement dis-
41       tricts. The plan shall be reviewed by each local governing body affected
42       and by appropriate official planning agencies within the area covered by
43       the plan for consistency with programs of comprehensive planning for

HB 2948


  1       the county and for each other local governing unit. All such reviews shall
  2       be transmitted to the secretary with the proposed plan.
  3           (e) The secretary is authorized to approve or disapprove plans for
  4       countywide wastewater management submitted in accordance with this
  5       act. If the plan is disapproved, the secretary shall furnish all reasons for
  6       such disapproval. Any action of the secretary pursuant to this subsection
  7       is subject to review as provided in K.S.A. 65-3312 and amendments
  8       thereto. If the plan is disapproved by the secretary, the county shall mod-
  9       ify the plan so as to obtain the secretary's approval unless otherwise or-
10       dered by the court on review.
11           (f) Any city or county commission of any county   (Rx)quired to develop
12       a countywide wastewater management plan under the act of which this
13       section is amendatory may act on behalf of the other units of government
14       of   said the county in filing the necessary documents to obtain state and
15       federal grants in aid and in such case shall act as contracting agency for
16       employment of any consultants necessary for plan development and   shall
17       also shall act as financial disbursement manager for development of the
18       plan.
19           Sec. 2. K.S.A. 65-3309 is hereby repealed.
20           Sec. 3. This act shall take effect and be in force from and after its
21       publication in the statute book.