Chapter 65 — PUBLIC HEALTH

65-3309. Wastewater management; plan, contents and procedure; committee. (a) Each county preparing a plan shall organize a wastewater management committee as provided in subsection (b). However, counties with populations of 30,000 or less, may at their discretion, apply to the se…

65-3310. Same; duties and functions of secretary. The secretary of health and environment is authorized and directed to: (a) Adopt rules and regulations, standards and procedures to be used by counties in the development and the periodic updating of wastewater management plans, a…

65-3311. Same; recommendations by planning committee to governmental units regarding implementation of plan. In carrying out its duties with regard to the implementation of a countywide wastewater management plan, any county planning committee may recommend such reasonable ordina…

65-3312. Same; judicial review of secretary's actions. Any action of the secretary of health and environment pursuant to this act is subject to review in accordance with the Kansas judicial review act. History: L. 1979, ch. 270, § 5; L. 1986, ch. 318, § 96; L. 2010, ch. 17, § 143…

65-3313. Same; applicability of act, when. No provision of this act shall be deemed mandatory until seventy-five percent (75%) or more of the moneys necessary to implement such provisions are certified by the secretary of health and environment to be available from the federal go…

65-3321. Definitions. As used in K.S.A. 65-3321 through 65-3329: (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 polit…

65-3322. Kansas water pollution control revolving fund established; sources of revenue; use of moneys credited to fund. (a) There is hereby established in the state treasury a fund to be maintained in perpetuity and to be known as the Kansas water pollution control revolving fund…

65-3323. Powers and duties of secretary of health and environment. The secretary shall administer the provisions of K.S.A. 65-3321 through 65-3329, shall be responsible for administration and management of the fund, and is hereby authorized to: (a) Enter into agreements with the …

65-3324. Project priority list; development; loans available to municipalities having population of 5,000 or less. (a) The secretary shall develop a priority system for projects, establish ranking criteria therefor, review applications of municipalities for loans, and prepare an …

65-3325. Intended use plan; preparation. After providing for public comment and review each year, the secretary shall prepare a plan identifying the intended uses of the moneys available in the fund. The intended use plan shall include, but not be limited to: (a) The project prio…

65-3326. Application for Kansas water pollution control revolving fund loans; form; agreements with municipality; contents; repayment; effect of failure of municipality to enter into agreement; technical advice and assistance to municipalities for projects or loan applications. (…

65-3327. Repayment of loans; dedicated revenue sources; user charges; project accounts; repayment from federal grants; loan not part of bonded indebtedness. (a) The dedicated source of revenue for repayment of the loans may include service charges, connection fees, special assess…

65-3328. Annual report. The secretary shall prepare an annual report describing how the state has met the goals and objectives for the previous year as identified in the intended use plan prepared pursuant to K.S.A. 65-3325. The secretary shall submit the annual report to the adm…

65-3329. Activities of department of health and environment under act and issuance of bonds by Kansas development finance authority under act approved for purposes of K.S.A. 74-8905. The activities of the department of health and environment in administering and performing the po…

65-3330. Local conservation lending program. (a) As used in this section: (1) "Department" means the Kansas department of health and environment. (2) "Eligible borrower" means: (A) Any individual, limited liability agricultural company, limited agricultural partnership or family …

65-34,100. Kansas storage tank act; statement of legislative findings. The legislature finds that: (a) Protection of the environment of this state promotes the health and general welfare of the citizens of this state; and (b) the state's responsibility to promote the public healt…

65-34,101. Same; citation of act. K.S.A. 65-34,101 through 65-34,124 shall be known and may be cited as the Kansas storage tank act. History: L. 1989, ch. 186, § 2; May 18. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC …

65-34,102. Definitions. As used in the Kansas storage tank act: (a) "Aboveground storage tank" means: (1) Any storage tank in which greater than 90% of the tank volume, including volume of the piping, is not below the surface of the ground; or (2) any storage tank situated in an …

65-34,103. Exceptions to application of act. Except as provided in K.S.A. 65-34,119, and amendments thereto, the Kansas storage tank act shall not apply to: (a) Farm or residential tanks of 1,100 gallons or less capacity used for storing motor fuel for noncommercial purposes; (b)…

65-34,104. Same; notification to department of tank's existence; form. (a) Each owner of a storage tank shall notify the department of the tank's existence, including age, size, type, location, associated equipment and uses. (b) In addition and to the extent known, each owner of …

65-34,105. Rules and regulations. (a) The secretary is authorized and directed to adopt rules and regulations necessary to administer and enforce the provisions of this act. Any rules and regulations so adopted shall be reasonably necessary to preserve, protect and maintain the w…

65-34,106. Permit to construct, install, modify or operate storage tank. (a) No person shall construct, install, modify or operate a storage tank unless a permit or other approval is obtained from the secretary. Applications for permits shall include proof that the required perfo…

65-34,107. Same; evidence of financial responsibility required; limitation of liability. (a) Each owner or operator of an underground storage tank shall provide evidence of financial responsibility. (b) If the owner or operator is in bankruptcy, reorganization or arrangement purs…

65-34,108. Enforcement of act; duties of owner or operator; records, reports, documents, other information. (a) For the purposes of developing or assisting in the development of any rule and regulation, conducting any study or enforcing the provisions of this act: (1) It shall be…

65-34,109. Unlawful acts; penalties. (a) It shall be unlawful for any owner or operator of a storage tank to deposit, store or dispense, or permit any person to deposit, store or dispense, any regulated substance into such storage tank which does not comply with the provisions of…

65-34,110. Same; licensure of tank installers and contractors; duties of secretary; examinations; inspections; unlawful acts, penalties; qualifications for licensure; reciprocal agreements; validity of license. (a) It shall be unlawful for any person to practice, or hold oneself …

65-34,111. Same; denial, suspension or revocation of license, when. The secretary may deny any license applied for, or suspend or revoke any license issued, pursuant to K.S.A. 65-34,110 if the secretary finds, after notice and the opportunity for a hearing conducted in accordance…

65-34,112. Same; agreements between secretary and local governments or agencies thereof to act as secretary's agent to carry out provisions of act. The secretary and the governing body of any city, county or other political subdivision may enter into agreements authorizing the lo…

65-34,113. Civil penalties and remedies for violations. (a) Any person who violates any provisions of K.S.A. 65-34,109 or 65-34,110, and amendments thereto, shall incur, in addition to any other penalty provided by law, a civil penalty in an amount of up to $10,000 for every such…

65-34,114. Underground petroleum storage tank release trust fund. (a) There is hereby established as a segregated fund in the state treasury the underground petroleum storage tank release trust fund, which shall be a continuation of the petroleum storage tank release trust fund. …

65-34,114a. History: L. 1989, ch. 186, § 15; L. 1990, ch. 229, § 1; L. 1992, ch. 272, § 8; Repealed, L. 1996, ch. 251, § 1; Repealed, L. 1996, ch. 253, § 39; May 23. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meeting…

65-34,115. Liability for costs of corrective action. Except as otherwise provided in this act, an owner or operator of a petroleum storage tank, or both, shall be liable for all costs of corrective action taken in response to a release from such petroleum storage tank. Eligibilit…

65-34,116. History: L. 1989, ch. 186, § 17; L. 1992, ch. 311, § 12; Repealed, L. 1996, ch. 125, § 5; July 1. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archived…

65-34,117. Environmental assurance fee; disposition of proceeds. (a) There is hereby established on and after July 1, 1992, an environmental assurance fee of $.01 on each gallon of petroleum product, other than aviation fuel, manufactured in or imported into this state. The envir…

65-34,118. Corrective action; duties of owners and operators; duties of secretary; consent agreement, contents. (a) Whenever the secretary has reason to believe that there is or has been a release into the environment from a petroleum storage tank and has reason to believe that s…

65-34,119. Reimbursement from aboveground and underground funds for corrective actions; conditions. (a) (1) Subject to the provisions of subsection (b), an owner or operator is entitled to reimbursement of reasonable costs of corrective action taken in response to a release from …

65-34,119a. Retroactive reimbursement from underground fund. (a) An owner or operator shall be entitled to reimbursement from the underground fund for the costs of corrective action taken on or after April 1, 1990, in response to a release from an underground petroleum storage ta…

65-34,120. Liability of state and its officers and employees limited; fund liability limits. (a) Nothing in this act shall establish or create any liability or responsibility on the part of the secretary, the department or its agents or employees or the state of Kansas to pay any…

65-34,121. Annual report to governor and legislature. On or before the first day of the regular session of the legislature in each year, the secretary shall prepare and submit a report to the governor and to the chairperson, vice-chairperson and ranking minority member of the sta…

65-34,122. Same; appeals from orders or decisions of secretary, procedure. (a) Any person adversely affected by any order or decision of the secretary may, within 15 days of service of the order or decision, request in writing a hearing. Hearings under this section shall be condu…

65-34,123. Abolishment of the underground fund and the aboveground fund. The underground fund and the aboveground fund shall be and are hereby abolished on July 1, 2034. History: L. 1989, ch. 186, § 24; L. 1992, ch. 311, § 20; L. 1993, ch. 56, § 1; L. 1996, ch. 125, § 4; L. 2001,…

65-34,124. Same; effective date of K.S.A. 65-34,114 through 65-34,123. The provisions of K.S.A. 65-34,114 through 65-34,123 shall take effect and be in force on and after April 1, 1990. History: L. 1989, ch. 186, § 25; May 18. Previous | Next LEGISLATIVE COORDINATING COUNCIL Gene…

65-34,125. Severability. If any provisions of this act or the application thereof to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of this act which can be given effect without the invalid provisions or application. T…

65-34,126. Third party liability insurance plan. (a) The commissioner of insurance shall adopt and implement a plan for applicants for insurance who are in good faith entitled to insurance necessary to achieve compliance with the financial responsibility requirements for third-pa…

65-34,127. Severability. If any provisions of this act or the application thereof to any person or circumstances is held invalid the invalidity does not affect other provisions or applications of this act which can be given effect without the invalid provisions or application and…

65-34,128. Storage tank fee fund. (a) There is hereby established as a segregated fund in the state treasury the storage tank fee fund. Revenue from the following sources shall be deposited in the state treasury and credited to the fund: (1) Moneys collected from fees for registr…

65-34,129. Aboveground petroleum storage tank release trust fund. (a) There is hereby established as a segregated fund in the state treasury the aboveground petroleum storage tank release trust fund, to be administered by the secretary. Revenue from the following sources shall be…

65-34,130. History: L. 1992, ch. 311, § 16; Repealed, L. 2024, ch. 4, § 2; July 1. Law Review and Bar Journal References: "When the Tail Wags the Dog: Environmental Considerations and Strategies in Business Acquisitions, Sales and Merger Transactions," Charles P. Efflandt, 39 W.L…

65-34,131. UST redevelopment fund; expenditures. (a) There is hereby established as a segregated fund in the state treasury the Kansas essential fuels supply trust fund. The Kansas essential fuels supply trust fund is hereby redesignated as the UST redevelopment fund. The UST red…

65-34,132. UST redevelopment fund; reimbursement. (a) The secretary may provide for the reimbursement to eligible property owners in accordance with the provisions of this section and subject to the availability of moneys in the UST redevelopment fund. A property owner shall be e…