Session of 1998
HOUSE BILL No. 2796
By Committee on Environment
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AN ACT concerning confined feeding facilities;
relating to permit fees;
10 amending K.S.A. 1997
Supp. 65-166a and repealing the existing
11 section.
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13 Be it enacted by the Legislature of the
State of Kansas:
14 Section 1. K.S.A.
1997 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 retary'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39 has expired or has been revoked may be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 2796
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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 for
facilities with an animal unit capacity of not more than
8 999 499;
9 (2) $50 for
facilities with an animal unit capacity of 500 to 999;
10
(2) $100 (3) $200 for facilities
with an animal unit capacity of 1,000
11 to 4,999;
12
(3) $200 (4) $400 for facilities
with an animal unit capacity of 5,000
13 to 9,999; or
14
(4) $400 (5) $800 for facilities
with an animal unit capacity of 10,000
15 or more.
16 (e) The secretary of
health and environment shall remit all moneys
17 received from the fees established pursuant
to this act to the state trea-
18 surer at least monthly. Upon receipt of
such remittance, the state trea-
19 surer shall deposit the entire amount
thereof in the state treasury to the
20 credit of the state general fund.
21 (f) Any confined feeding
facility with an animal unit capacity of less
22 than 300 may be required to obtain a permit
from the secretary if the
23 secretary determines that such facility has
significant water pollution po-
24 tential.
25 (g) Any confined feeding
facility not otherwise required to obtain a
26 permit or certification may obtain a permit
or certification from the sec-
27 retary. Any such facility obtaining a
permit shall pay an annual permit fee
28 of not more than $25.
29 Sec. 2. K.S.A. 1997
Supp. 65-166a is hereby repealed.
30 Sec. 3. This act
shall take effect and be in force from and after its
31 publication in the statute book.
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