Kan. Admin. Regs. § 28-16-70
Current through Register Vol. 43, No. 24, June 13, 2024
Section 28-16-70 - Designation of critical water quality management area(a) Watersheds or portions of watersheds shall be considered by the secretary for designation as critical water quality management areas because of pollutant sources which cause, or may reasonably be expected to cause, damages to resources of the state; public nuisance or health hazards; destruction of fishery habitat; excessive deposition of sediments on river bottoms, lakes or reservoirs; additional risk to threatened or endangered fish or wildlife; or violation of water quality standards. (b) The secretary shall initiate such action on the secretary's initiative, at the request of other state or federal agencies, local governments, or through public initiative. (c) The secretary shall give public notice of intent to consider an area for designation as a critical water quality management area. The secretary shall consider all responses to the public notice in determining whether to proceed with the evaluation of the candidate area. (d) Any person, unit of local government, or state or federal agency proposing that an area be designated as a critical water quality management area shall submit a proposal to the secretary incorporating the following information: a map showing the boundaries of the proposed area; a brief discussion of the nature of the damages that are occurring or which may reasonably be expected to occur; a brief discussion of those pollutant sources believed to be responsible for the observed or potential damages; a brief discussion of the public support for, or likely objection to, a critical water quality management designation; and the name, title, and authority of the individual or agency submitting the proposal. (e) Prior to the designation of a critical water quality management area the secretary shall: (1) Evaluate all pollutant sources and the extent to which these pollutant sources are or may be reasonably expected to cause violation of water quality standards, damages to resources of the state, nuisance conditions, hazards to the public health, excessive sedimentation, destruction of fisheries habitat, or additional risk to threatened or endangered fish or wildlife species. (2) Evaluate all data and consider public comments in determining the technical and economic feasibility of simultaneous control of all pollutant sources. When determining the technical and economic feasibility of agricultural pollutant reduction, the secretary shall consult with the state conservation commission, the affected conservation district(s), and other knowledgeable sources. In conducting the evaluation, the secretary may invite and give consideration to comments from individuals, interest groups, federal agencies, other state agencies, and affected local government. (f) If the secretary concludes, as a result of the evaluations, that the establishment of a critical water quality management area is necessary and pollutant control is technically and economically feasible, the secretary shall prepare a proposed management plan setting forth an implementation schedule for control of each pollutant source, an analysis of the costs and benefits of the proposed management plan, and the boundaries of the proposed area. (g) The secretary shall give public notice of the availability of the proposed management plan, make copies available for review, and hold a public hearing on the proposed designation. (h) The secretary, on the basis of the evaluation and public hearing, may designate an area as a critical water quality management area, and give public notice of the designation through publication in a newspaper having general distribution in the county or counties in which the designated area is located. Kan. Admin. Regs. § 28-16-70
Authorized by K.S.A. 65-171a, 65-171d, 65-3301, 65-3303, 65-3304, 65-3305; effective May 1, 1981.