65-3008. Approvals and permits for emission stationary sources.
65-3008
65-3008. Approvals and permits for emissionstationary sources.(a) No person shall construct, own, operate, install, alter or use any aircontaminant emission stationary source which, in accordance with rules andregulations, the secretary finds may cause orcontribute to air pollution,unless an appropriate approval or permit has been issued for the source bythe secretary under this act. Approvals or permits issued by the secretarymay be subject to conditions consistent with the purposes of this act and rulesand regulations promulgated under this act.
(b) The secretary shall require that applications for approvals andpermits, andrenewals thereof, under this act shall be accompanied by application fees andsuch plans, specifications, compliance plans or other information as thesecretary deems necessary.Applications shall besubmitted on forms provided bythe secretary and shall be signed by a responsible official of thesource, who shall certify the accuracy of the information submitted.
(c) The issuance or holding of an approval or permit shall not conveyany property right or exclusive privilege to the holder thereof.
(d) Without any further action on the part of the secretary, an approvalor a permit shall become void and without effect on its expiration date unlessa completed application form and any required fee are filed with the secretaryon or beforethe expiration date of the approval or the permit. For purposes of thissubsection, the secretary may specify by rule and regulation an amount of timeprior to the expiration date of an operating permit by which a completeapplication form and any required fee must be filed with the secretary in orderto be considered timely filed. The secretary may providefor a grace period by rule and regulation.
(e) The secretary may issue by rule and regulation a general approval orpermit covering numerous similar sources. Any general approval or permit shallcomply with all requirements applicable to approvals or permits under this act.Any source covered by a general approval or permit must apply to the secretaryand receive authority to operate under the general approval or permit.
(f) The secretary may fix, charge and collect fees forapprovals and permits, and therenewal thereof, to cover all or any part of the cost of administering theprovisions ofKansas air quality act, other than K.S.A. 65-3027.The secretary shall adopt rules and regulations fixing such fees. The feesshall be deposited in the state treasury and credited to the state generalfund, except that if all or any portion of the regulatory services for whicha fee is collected under this section is performed by a county, city-countyor multicounty health department, that portion of such fee which pertains tosuch services,as determined by the secretary, shall be credited to the local air qualitycontrol authority regulation services fund, which is hereby created in thestate treasury, and shall be paid from such fund to such local air qualitycontrol authority.
History: L. 1967, ch. 347, § 8; L. 1970, ch. 261, § 8; L.1974, ch. 352, § 140; L. 1981, ch. 250, § 1; L. 1983, ch. 286, § 3;L. 1984, ch. 313, § 126;L. 1993, ch. 13, § 5; March 25.