Session of 1998
By Committee on Energy and Natural Resources
            9             AN ACT concerning water pollution control permits for confined feeding
10             facilities; relating to grounds for rejecting a permit application or de-
11             nying issuance of a permit.
13       Be it enacted by the Legislature of the State of Kansas:
14           Section 1. (a) As used in this section, terms have the meanings pro-
15       vided by K.S.A. 65-171d and amendments thereto.
16           (b) The secretary of health and environment may reject an applica-
17       tion for a water pollution control permit for a confined feeding facility
18       without reviewing the merits of the application or may deny issuance of
19       such a permit if the secretary makes a specific finding that:
20           (1) The applicant is unsuited or unqualified to perform the obliga-
21       tions of a permit holder, based upon a finding that the applicant or any
22       officer, director, partner or resident general manager of the facility for
23       which the application is made:
24           (A) Has intentionally misrepresented a material fact in applying for
25       a permit;
26           (B) has habitually and intentionally committed violations of the en-
27       vironmental laws of any state or the United States and the violations have
28       caused significant and material environmental damage;
29           (C) has had any permit revoked under the environmental laws of any
30       state or the United States; or
31           (D) has otherwise demonstrated by previous actions that the appli-
32       cant lacks the necessary good character and competency to reliably carry
33       out the obligations imposed by law upon a permit holder; or
34           (2) the application substantially duplicates an application by the same
35       applicant that was denied within the past five years and the denial of
36       which has not been reversed by a court of competent jurisdiction.
37           (c) Nothing in subsection (b)(2) shall be construed to prohibit an
38       applicant from submitting a new application for a permit previously de-
39       nied if the new application represents a good faith attempt by the appli-
40       cant to correct the deficiencies that served as the basis for the denial of
41       the original application.
42           (d) All applications for water pollution control permits for a confined
43       feeding facility shall include a certification, sworn to under oath and

SB 664


  1       signed by the applicant, that the applicant is not disqualified by reason of
  2       this section from obtaining a permit. In the absence of evidence to the
  3       contrary, such certification shall constitute a prima facie showing of the
  4       suitability and qualification of the applicant. If at any point in the appli-
  5       cation review, recommendation or hearing process, the secretary of health
  6       and environment finds the applicant has intentionally made any material
  7       misrepresentation of fact in regard to such certification, consideration of
  8       the application may be suspended and the application may be rejected or
  9       issuance of the permit may be denied as provided by this section.
10           (e) Rejection of an application or denial of issuance of a permit pur-
11       suant to this section constitutes final agency action subject to review pur-
12       suant to the act for judicial review and civil enforcement of agency actions.
13           Sec. 2. This act shall take effect and be in force from and after its
14       publication in the statute book.