Extending the expiration of permits issued under the water pollution control permit system from five to 10 years.

HOUSE BILL No. 2085
AN A CT concerning livestock; relating to the department of health and environment;
extending the expiration of permits issued under the water pollution control permit
system from five to 10 years; allowing the secretary to issue permits for terms of less
than 10 years, if valid cause exists; amending K.S.A. 65-166a and repealing the
existing section.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 65-166a is hereby amended to read as follows:
65-166a. (a) The secretary of health and environment is authorized and
directed to establish by duly adopted rules or regulations a schedule of
fees to defray all or any part of the costs of administering the water
pollution control permit system established by K.S.A. 65-165 and 65-
166, and amendments thereto. The amount of the fees so established
shall be based upon the quantity of raw wastes or treated wastes to be
discharged, units of design capacity of treatment facilities or structures,
numbers of potential pollution units, physical or chemical
characteristics of discharges and staff time necessary for review and
evaluation of proposed projects. In establishing the fee schedule, the
secretary of health and environment shall not assess fees for permits
required in the extension of a sewage collection system, but such fees
shall be assessed for all treatment devices, facilities or discharges
where a permit is required by law and is issued by the secretary of
health and environment or the secretary's designated representative.
Such fees shall be nonrefundable.
(b) Any such permit for which a fee is assessed shall expire five
10 years from the date of its issuance. The secretary of health and
environment may issue permits pursuant to K.S.A. 65-165, and
amendments thereto, for terms of less than five 10 years, if the
secretary determines valid cause exists for issuance of the permit with a
term of less than five 10 years. The minimum fee assessed for any
permit issued pursuant to K.S.A. 65-165, and amendments thereto,
shall be for not less than one year. Permit fees may be assessed and
collected on an annual basis and failure to pay the assessed fee shall be
cause for revocation of the permit. Any permit which that has expired
or has been revoked may be reissued upon payment of the appropriate
fee and submission of a new application for a permit as provided in
K.S.A. 65-165 and 65-166, and amendments thereto.
(c) A permit shall be required for:
(1) Any confined feeding facility with an animal unit capacity of
300 to through 999 , if the secretary determines that the facility has
significant water pollution potential; and
(2) any confined feeding facility with an animal unit capacity of
1,000 or more.
(d) At no time shall the annual permit fee for a confined feeding
facility exceed:
(1) $25 for facilities with an animal unit capacity of not more than
999;
(2) $100 for facilities with an animal unit capacity of 1,000 to
through 4,999;
(3) $200 for facilities with an animal unit capacity of 5,000 to
through 9,999; or
(4) $400 for facilities with an animal unit capacity of 10,000 or
more.
(e) Annual permit fees for any truck washing facility for animal
wastes shall be as follows:
(1) For a private truck washing facility for animal wastes with two
or fewer trucks, not more than $25;
(2) for a private truck washing facility for animal wastes with
three or more trucks, not more than $200; and
(3) for a commercial truck washing facility for animal wastes, not
more than $320.
(f) The secretary of health and environment shall remit all moneys
received from the fees established pursuant to this act 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
HOUSE BILL No. 2085—page 2
treasurer shall deposit the entire amount in the state treasury to the
credit of the water program management fund created in K.S.A. 65-
166b, and amendments thereto.
(g) Any confined feeding facility with an animal unit capacity of
less fewer than 300 may be required to obtain a permit from the
secretary if the secretary determines that such facility has significant
water pollution potential.
(h) Any confined feeding facility not otherwise required to obtain
a permit or certification may obtain a permit or certification from the
secretary. Any such facility obtaining a permit shall pay an annual
permit fee of not more than $25.
Sec. 2. K.S.A. 65-166a is hereby repealed.
Sec. 3. This act shall take effect and be in force from and after its
publication in the statute book.
I hereby certify that the above BILL originated in the HOUSE, and passed
that body
Speaker of the House.
Chief Clerk of the House.

Passed the SENATE ______________________________________________________________________________
President of the Senate.
Secretary of the Senate.
APPROVED __________________________________________________________________________________________________
Governor.