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 9  AN ACT concerning confined feeding facilities; relating to fees for li-
10    censes thereof; amending K.S.A. 1996 Supp. 65-166a and repealing
11    the existing section.
12
13  Be it enacted by the Legislature of the State of Kansas:
14    Section 1.  K.S.A. 1996 Supp. 65-166a is hereby amended to read as
15  follows: 65-166a. (a) The secretary of health and environment is author-
16  ized and directed to establish by duly adopted rules or regulations a
17  schedule of fees to defray all or any part of the costs of administering the
18  water pollution control permit system established by K.S.A. 65-165 and
19  65-166 and amendments thereto. The amount of the fees so established
20  shall be based upon the quantity of raw wastes or treated wastes to be
21  discharged, units of design capacity of treatment facilities or structures,
22  numbers of potential pollution units, physical or chemical characteristics
23  of discharges and staff time necessary for review and evaluation of pro-
24  posed projects. In establishing the fee schedule, the secretary of health
25  and environment shall not assess fees for permits required in the exten-
26  sion of a sewage collection system, but such fees shall be assessed for all
27  treatment devices, facilities or discharges where a permit is required by
28  law and is issued by the secretary of health and environment or the sec-
29  [chretary's designated representative. Such fees shall be nonrefundable.
30    (b)  Any such permit for which a fee is assessed shall expire five years
31  from the date of its issuance. The secretary of health and environment
32  may issue permits pursuant to K.S.A. 65-165 and amendments thereto
33  for terms of less than five years, if the secretary determines valid cause
34  exists for issuance of the permit with a term of less than five years. The
35  minimum fee assessed for any permit issued pursuant to K.S.A. 65-165
36  and amendments thereto shall be for not less than one year. Permit fees
37  may be assessed and collected on an annual basis and failure to pay the
38  assessed fee shall be cause for revocation of the permit. Any permit which
39  has expired or has been revoked may be reissued upon payment of the
40  appropriate fee and submission of a new application for a permit as pro-
41  vided in K.S.A. 65-165 and 65-166 and amendments thereto.
42    (c)  A permit shall be required for:
43    (1)  Any confined feeding facility with an animal unit capacity of 300
HB 2546
                                     

 1  to 999 if the secretary determines that the facility has significant water
 2  pollution potential; and
 3    (2)  any confined feeding facility with an animal unit capacity of 1,000
 4  or more.
 5    (d)  At no time shall the annual permit fee for a confined feeding
 6  facility exceed:
 7    (1)  $25 $125 for facilities with an animal unit capacity of not more
 8  than 999;
 9    (2)  $100 $500 for facilities with an animal unit capacity of 1,000 to
10  4,999;
11    (3)  $200 $1,000 for facilities with an animal unit capacity of 5,000 to
12  9,999; or
13    (4)  $400 $2,000 for facilities with an animal unit capacity of 10,000
14  or more.
15    (e)  The secretary of health and environment shall remit all moneys
16  received from the fees established pursuant to this act to the state trea-
17  [chsurer at least monthly. Upon receipt of such remittance, the state trea-
18  [chsurer shall deposit the entire amount thereof in the state treasury to the
19  credit of the state general fund.
20    (f)  Any confined feeding facility with an animal unit capacity of less
21  than 300 may be required to obtain a permit from the secretary if the
22  secretary determines that such facility has significant water pollution po-
23  tential.
24    (g)  Any confined feeding facility not otherwise required to obtain a
25  permit or certification may obtain a permit or certification from the sec-
26  retary. Any such facility obtaining a permit shall pay an annual permit fee
27  of not more than $25.
28    Sec. 2.  K.S.A. 1996 Supp. 65-166a is hereby repealed.
29    Sec. 3.  This act shall take effect and be in force from and after its
30  publication in the statute book.