History: L. 1970, ch. 263, § 1; March 21.
History: L. 1970, ch. 263, § 2; March 21.
History: L. 1970, ch. 263, § 3; L. 1974, ch. 352, § 152; July 1.
History: L. 1970, ch. 263, § 4; L. 1974, ch. 352, § 153; July 1.
History: L. 1970, ch. 263, § 5; L. 1974, ch. 352, § 154; July 1.
Notwithstanding the provisions of K.S.A. 79-2960 and 79-2961, any municipality applying for such a water pollution control project may make such contribution from all or such part of its share of the local ad valorem tax reduction fund as may be necessary for such purpose, and to the extent such fund is pledged and used for such purpose the municipality shall not be required to make the tax levy reductions otherwise required by K.S.A. 79-2960 and 79-2961. Taxes levied by any municipality by reason of its failure to make such reduction in its levies shall not be subject to or be considered in computing the aggregate limitation upon the levy of taxes by such municipality under the provisions of K.S.A. 79-5003.
History: L. 1970, ch. 263, § 6; L. 1971, ch. 216, § 1; L. 1974, ch. 352, § 155; July 1.
History: L. 1970, ch. 263, § 7; March 21.
History: L. 1979, ch. 270, § 1; July 1.
(b) There is hereby created in each county of this state required to prepare a wastewater management plan a county wastewater management committee. The county wastewater management committee shall be one of the following:
(1) In any county where subsection (b)(2) or (3) does not apply, the committee shall include one member of the board of county commissioners who shall serve as chairperson of the committee, the county engineer, the county health officer or such officer's designated representative, the director of planning where one exists, one representative from each city affected by the county wastewater management plan and two members selected from the public at large. The member of the committee from each city affected by the plan shall be appointed by the mayor of such city, and the members of the public at large shall be appointed by the board of county commissioners.
(2) In any county where a multijurisdictional planning commission is functioning solely within that county, such planning commission is hereby designated as the county wastewater management committee. An advisory committee to said planning commission is hereby created which shall include one member of the board of county commissioners, the county engineer, the county health officer or such officer's designated representative, the director of planning, one representative from each city affected by the county wastewater management plan, one representative from each improvement district affected by the county wastewater management plan and two members selected from the public at large. The member of the committee from each city affected by the plan shall be appointed by the mayor of such city, and the members of the public at large shall be appointed by the board of county commissioners.
The multijurisdictional planning commission functioning as the county wastewater management committee may in its discretion designate the advisory committee as the county wastewater management committee.
(3) In any county where a wastewater management agency or agencies has been established in the Kansas water quality management plan pursuant to section 208 of the federal water pollution act and amendments thereto, such agency or agencies is hereby designated as the county wastewater management committee.
(c) Every plan required by a county wastewater management committee shall:
(1) Reasonably conform to the rules and regulations, standards and procedures adopted by the secretary for implementation of this act;
(2) integrate and coordinate existing comprehensive plans, population trend projections, engineering and economics so as to plan adequately for changing conditions;
(3) take into account existing acts and regulations affecting the development, use and protection of air, water or land resources;
(4) include such other reasonable information as the secretary shall require.
(d) All entities affected by or that can contribute to the wastewater management plan shall have adequate opportunity for comment and input in the development of the plan. Such entities shall include, but not be limited to, rural water districts, water districts and improvement districts. The plan shall be reviewed by each local governing body affected and by appropriate official planning agencies within the area covered by the plan for consistency with programs of comprehensive planning for the county and for each other local governing unit. All such reviews shall be transmitted to the secretary with the proposed plan.
(e) The secretary is authorized to approve or disapprove plans for countywide wastewater management submitted in accordance with this act. If the plan is disapproved, the secretary shall furnish all reasons for such disapproval. Any action of the secretary pursuant to this subsection is subject to review as provided in K.S.A. 65-3312 and amendments thereto. If the plan is disapproved by the secretary, the county shall modify the plan so as to obtain the secretary's approval unless otherwise ordered by the court on review.
(f) Any city or county commission of any county required to develop a countywide wastewater management plan under the act of which this section is amendatory may act on behalf of the other units of government of said county in filing the necessary documents to obtain state and federal grants in aid and in such case shall act as contracting agency for employment of any consultants necessary for plan development and shall also act as financial disbursement manager for development of the plan.
History: L. 1979, ch. 270, § 2; L. 1980, ch. 193, § 1; L. 1986, ch. 318, § 95; July 1.
(a) Adopt rules and regulations, standards and procedures to be used by counties in the development and the periodic updating of wastewater management plans, and to enable the secretary to carry out the purposes and provisions of this act;
(b) receive and disburse any federal funds received for development and implementation of countywide wastewater management plans;
(c) administer the wastewater management program and enforce the provisions of each county wastewater management plan adopted pursuant to the provisions of this act;
(d) provide technical assistance to counties, including the training of personnel;
(e) institute, conduct and support research, demonstration projects and investigations and coordinate all state agency research programs with applicable federal programs pertaining to wastewater management; and
(f) conduct and contract for researchers and investigations in the area of wastewater management of point source pollution.
History: L. 1979, ch. 270, § 3; July 1.
History: L. 1979, ch. 270, § 4; July 1.
History: L. 1979, ch. 270, § 5; L. 1986, ch. 318, § 96; July 1.
History: L. 1979, ch. 270, § 6; July 1.
(a) "Fund" means the Kansas water pollution control revolving fund established by K.S.A. 65-3322 of this act.
(b) "Municipality" means any city, county, township, sewer district, improvement district, or other political subdivision of the state, or any combination thereof, which is authorized by law to construct, operate, and maintain wastewater treatment works.
(c) "Wastewater treatment works" means any treatment works, as defined in the federal act, which is publicly owned.
(d) "Project" means the acquisition, construction, improvement, repair, rehabilitation, or extension of a wastewater treatment works.
(e) "Project costs" means all costs or expenses which are necessary or incident to a project and which are directly attributable thereto.
(f) "Federal act" means the federal clean water act as amended by the federal water quality act of 1987.
(g) "Administrator" means the administrator of the United States environmental protection agency.
(h) "Secretary" means the secretary of health and environment.
History: L. 1988, ch. 320, § 1; July 1.
(1) Amounts awarded or otherwise made available to this state under the federal act for the purposes of the fund;
(2) amounts appropriated or otherwise made available by the legislature for the purposes of the fund;
(3) the proceeds, if any, derived from the sale of bonds issued by the Kansas development finance authority for the purposes of the fund to the extent provided in any agreement entered into by the secretary and the authority;
(4) amounts of repayments made by municipalities of loans received under K.S.A. 65-3321 through 65-3329, and amendments thereto, together with payments of interest thereon, in accordance with agreements entered into by such municipalities and the secretary;
(5) amounts earned on moneys in the fund; and
(6) amounts contributed or otherwise made available by any public or private entity for use in effectuating the purposes of the fund.
(b) Subject to the conditions and in accordance with requirements of the federal act and the provisions of K.S.A. 65-3321 through 65-3329, and amendments thereto, the fund may be used only:
(1) To make loans to municipalities for payment of all or a part of project costs;
(2) to carry out planning for wastewater treatments works;
(3) for implementation of nonpoint source pollution control programs;
(4) as a source of revenue or security for the payment of principal and interest on bonds issued by the Kansas development finance authority if, and to the extent that, the proceeds of the sale of such bonds are deposited in the fund;
(5) as a source of revenue or security for the payment of principal and interest on bonds issued by the Kansas development finance authority pursuant to the provisions of K.S.A. 65-163d through 65-163u, and amendments thereto;
(6) to earn interest on moneys in the fund;
(7) to make grants to qualifying projects as authorized by the federal appropriation act of 1996 (P.L. 104-134), in accordance with the rural communities hardship grants program implementation guidelines (Federal Register, March 20, 1997);
(8) to make grants to qualifying projects as authorized by the consolidated appropriations act of 2001 (P.L. 106-554), in accordance with the wet weather water quality act of 2000; and
(9) for the reasonable costs, in amounts not to exceed 4% of all amounts awarded to the state for the fund under title VI of the federal act, of administering the fund and conducting activities under K.S.A. 65-3321 through 65-3329, and amendments thereto, and for reasonable costs after amounts cease to be awarded by the federal government under title VI of the federal act, as determined by the secretary, of administering the fund and conducting activities under K.S.A. 65-3321 through 65-3329, and amendments thereto. Such costs shall be identified annually in development of the intended use plan as described in K.S.A. 65-3325, and amendments thereto.
(c) On or before the 10th of each month, the director of accounts and reports shall transfer from the state general fund to the Kansas water pollution control revolving fund interest earnings based on:
(1) The average daily balance of moneys in the Kansas water pollution control revolving fund for the preceding month; and
(2) the net earnings rate of the pooled money investment portfolio for the preceding month.
(d) All payments and disbursements from the fund shall be made upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the secretary or by a person or persons designated by the secretary. All payments and disbursements from the fund, and beginning and ending balances thereof, shall be subject each year to post audit in accordance with article 11 of chapter 46 of the Kansas Statutes Annotated.
History: L. 1988, ch. 320, § 2; L. 1992, ch. 272, § 6; L. 1996, ch. 253, § 14; L. 2001, ch. 70, § 1; L. 2006, ch. 100, § 2; July 1.
(a) Enter into agreements with the administrator, which agreements shall include but not be limited to the specific requirements of the federal act;
(b) establish jointly with the administrator a schedule of payments under which the administrator will pay to the state the amounts made available under the federal act;
(c) accept amounts paid to the state in accordance with the schedule of payments and cause such amounts to be deposited in the state treasury and credited to the fund;
(d) enter into binding commitments for the provision of loans in accordance with the requirements of the federal act and the provisions of K.S.A. 65-3321 through 65-3329;
(e) review applications of municipalities for loans and select the projects for which loans will be made available each year;
(f) provide the administrator, the governor and the legislature with the annual report prepared in accordance with K.S.A. 65-3328 and with copies of the audit required under K.S.A. 65-3322; and
(g) adopt rules and regulations necessary for effectuation of the provisions of K.S.A. 65-3321 through 65-3329.
History: L. 1988, ch. 320, § 3; July 1.
(b) In performing the functions and duties required by subsection (a), the secretary shall ensure that a fair proportion, at least but not limited to 10%, of the total dollar amount of loans to be made available to municipalities from the fund in each year will be made available for projects of municipalities having a population of 5,000 or less. In the event the municipalities to which this subsection applies are unable to utilize the total amount made available under this subsection, the secretary is authorized to make the unused amount available for projects of other municipalities on the project priority list.
History: L. 1988, ch. 320, § 4; July 1.
(a) The project priority list;
(b) a list of activities, if any, for which the fund is authorized to be used under subsection (b)(3) of K.S.A. 65-3322;
(c) a description of the short- and long-term goals and objectives of the fund;
(d) information on the projects and activities to be supported, including a description thereof, terms of loans to be provided, and municipalities to be served or benefited;
(e) assurances and specific proposals for meeting the requirements of the federal act; and
(f) the criteria and method established for the provision of loans to be made from the fund.
History: L. 1988, ch. 320, § 5; July 1.
(b) The secretary may enter into agreements with any municipality for the provision of a loan thereto for payment of all or a part of project costs and any municipality may enter into such an agreement and may accept such loan when so authorized by its governing body. The purposes of the loan to be provided, the amount thereof, the interest rate thereon, and the repayment terms and conditions thereof, all of which may vary among municipalities, shall be included in the agreements. Loans shall be provided at or below market interest rates and may be provided interest free. All such agreements shall require that municipalities establish a dedicated source of revenue for repayment of the loans as provided in K.S.A. 65-3327. Such agreements shall further provide that repayment of any loan received shall begin not later than one year after completion of the project and that such loan shall be repaid in full no later than 20 years thereafter.
(c) In the event any municipality to which a loan is made available under K.S.A. 65-3321 through 65-3329 fails to enter into an agreement with the secretary for the provision of such loan in accordance with the requirements of such statutes, the secretary is authorized to make the amount of the loan available for one or more other projects on the project priority list.
(d) The secretary shall provide any municipality, upon its request, with technical advice and assistance regarding a project or an application for a loan for the payment of all or a part of project costs.
History: L. 1988, ch. 320, § 6; July 1.
(b) Upon the failure of a municipality to meet the repayment terms and conditions of the agreement, the secretary may order the treasurer of the county in which the municipality is located to pay to the secretary such portion of the municipality's share of the local ad valorem tax reduction fund as may be necessary to meet the terms of the agreement, notwithstanding the provisions of K.S.A. 79-2960 and 79-2961 and amendments thereto. Upon the issuance of such an order, the municipality shall not be required to make the tax levy reductions otherwise required by K.S.A. 79-2960 and 79-2961 and amendments thereto.
(c) Municipalities which are provided with loans under K.S.A. 65-3321 through 65-3329, and amendments thereto, shall maintain project accounts in accordance with generally accepted government accounting standards.
(d) Municipalities which receive a grant and an allowance under the federal act with respect to project costs for which a loan was provided under K.S.A. 65-3321 through 65-3329, and amendments thereto, shall promptly repay such loan to the extent of the allowance received under the federal act.
(e) Any loans received by a municipality under the provisions of K.S.A. 65-3321 through 65-3329, and amendments thereto, shall be construed to be bonds for the purposes of K.S.A. 10-1116 and 79-5028, and amendments thereto, and the amount of such loans shall not be included within any limitation on the bonded indebtedness of the municipality.
History: L. 1988, ch. 320, § 7; L. 1990, ch. 66, § 43; L. 1991, ch. 195, § 1; April 18.
History: L. 1988, ch. 320, § 8; July 1.
History: L. 1988, ch. 320, § 9; July 1.