65-166a. Fees for administering water pollution control permit system; expiration of permits; reissuance; permits and fees for confined feeding facilities and truck washing facilities for animal waste
65-166a
65-166a. Fees for administering water pollutioncontrol permit system;expiration of permits; reissuance; permits and fees for confined feedingfacilities and truck washing facilities for animal wastes; disposition ofmoneys.(a) The secretary of health and environment is authorized and directed toestablish by duly adopted rules or regulations a schedule of fees to defrayall or any part of the costs of administering the water pollution controlpermit system established by K.S.A. 65-165 and 65-166, and amendmentsthereto.The amount of thefees so established shall be based upon the quantity of raw wastes ortreated wastes to be discharged, units of design capacity of treatmentfacilities or structures, numbers of potential pollution units, physical orchemical characteristics of discharges and staff time necessary for reviewand evaluation of proposed projects. In establishing the fee schedule, thesecretary of health and environment shall not assess fees for permitsrequired in the extension of a sewage collection system, but such feesshall be assessed for all treatment devices, facilities or discharges wherea permit is required by law and is issued by the secretary of health andenvironment or the secretary's designated representative.Such fees shall be nonrefundable.
(b) Any such permit for which a fee is assessedshall expire five years from the date of its issuance. The secretary ofhealth and environment may issue permitspursuant to K.S.A. 65-165, and amendments thereto, for terms ofless thanfive years, if the secretary determines valid cause exists for issuance ofthe permit with a term of less than five years. The minimum fee assessedfor any permit issued pursuant to K.S.A. 65-165, and amendmentsthereto,shall be for not less than one year. Permit fees may be assessed andcollected on an annual basis and failure to pay the assessed fee shall because for revocation of the permit. Any permit which has expired orhas been revoked may be reissued uponpayment of the appropriate fee and submission of a new application for apermit as provided in K.S.A. 65-165 and 65-166, and amendments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 999if the secretary determines that the facility has significant water pollutionpotential; and
(2) any confined feeding facility with an animal unit capacity of 1,000 ormore.
(d) At no time shall the annual permit fee for a confined feeding facilityexceed:
(1) $25 for facilities with an animal unit capacity of not more than 999;
(2) $100 for facilitieswith an animal unit capacity of 1,000 to 4,999;
(3) $200 for facilitieswith an animal unit capacity of 5,000 to 9,999; or
(4) $400 for facilitieswith an animal unit capacity of 10,000 or more.
(e) Annual permit fees for any truck washing facility for animal wastesshall be asfollows:
(1) For a private truck washing facility for animal wastes with two or fewertrucks, not more than $25;
(2) for a private truck washing facility for animal wastes with three or moretrucks, 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 allmoneysreceived from the fees established pursuant to this act to the statetreasurer in accordance with the provisions ofK.S.A. 75-4215, and amendments thereto. Upon receipt of each suchremittance,the statetreasurer shall deposit the entire amount in the state treasurytothe credit of the state general fund.
(g) Any confinedfeeding facility with an animal unit capacity of less than 300may be required to obtain a permit from thesecretary if the secretary determines that such facility hassignificant water pollution potential.
(h) Any confinedfeeding facility not otherwise required to obtain a permit or certificationmay obtain apermit or certification from the secretary. Any such facility obtaining apermit shall payan annual permit fee of notmore than $25.
History: L. 1973, ch. 255, § 1; L. 1974, ch. 352, § 28; L. 1984,ch. 222, § 1;L. 1994, ch. 213, § 2;L. 2001, ch. 5, § 211;L. 2003, ch. 118, § 1; July 1.