65-171r. Same; prohibited acts.
65-171r
65-171r. Same; prohibited acts.The following acts are prohibited:
(a) The operation of a public water supply system without firstobtaining a valid public water supply system permit under K.S.A. 65-163,and amendments thereto;
(b) the operation of a public water supply system in violation ofthe conditions of the public water supply system permit under K.S.A.65-163, and amendments thereto;
(c) the failure of a supplier of water under investigation to furnishinformation to the secretary under K.S.A. 65-163, and amendments thereto;
(d) the failure of a supplier of water to comply with any finalorder of the secretary issued under the provisions of K.S.A. 65-163 or65-163a, and amendments thereto;
(e) the failure of a supplier of water to comply with a primarydrinking water standard established under K.S.A. 65-171m, and amendmentsthereto, and rules and regulations adopted pursuant thereto unless avariance or exception has been granted;
(f) the failure of a supplier of water to comply with the rules andregulations of the secretary for monitoring, maintenance of records andsubmission of reports, sampling and analysis of water and inspectionsadopted under K.S.A. 65-171m, and amendments thereto;
(g) the failure of a supplier of water to give notice as requiredunder K.S.A. 65-171o, and amendments thereto, and rules and regulationsadopted pursuant thereto;
(h) using any pipe, solder or flux in the installation or repair ofany public water supply system or any plumbing in a residential ornonresidential facility providing water for human consumption, which is notlead-free, except that this paragraph shall not apply to leaded jointsnecessary for the repair of cast iron pipes. As used in this paragraph,"lead-free" means: (1) With respect to its usage in conjunction withsolder and flux, solder and flux containing not more than .2% lead, and (2)with respect to its usage in conjunction with pipes and pipe fittings,pipes and pipe fittings containing not more than 8% lead;
(i) the sale of unmarked lead solders and fluxes. A seller of lead soldersand fluxes in Kansas shallnot sell any solder or flux containing more than .2% lead unless the sellerdisplays a sign and a label is affixed to such product which states:"Contains lead: Kansas law and federal law prohibits the use of this productin any plumbing installation providing water for human consumption.";
(j) the application of fertilizers, pesticides or other chemicals by anyperson through any lawn irrigation system connected to a public water supplysystem except that in areas where the public water supply system has adopted aprogramfor the detection and elimination of cross connections and prevention ofbackflow and backsyphonage which has been approved by the secretary of healthand environment, such application may be permitted by the public water supplysystem upon its periodic inspection and current approval of the installed airgap or reduced pressure zone backflow prevention device which isolates theirrigation system; and
(k) the use by any person of a public water supply system as a source ofmake-up water for bulk chemical application tanks except that: (1) In areaswhere the publicwater supply system has adopted a program for the detection and elimination ofcross connections and prevention of backflow and backsyphonage which has beenapproved by the secretary of health and environment, such use may be permittedby the public water supply system upon its periodic inspection and currentapproval of an air gap or reduced pressure zone backflow preventiondevice toprotect the public water supply; and (2) in areas where thepublic water supply system has not adopted a program approved by the secretaryof health and environment, such use shall be permitted if an air gapor reduced pressure zone backflow prevention device is usedand such device meets nationallyrecognized standards, as determined by the secretary of health andenvironment.
History: L. 1977, ch. 212, § 10; L. 1988, ch. 248, § 2;L. 1991, ch. 180, § 1; July 1.