Current through Register Vol. 43, No. 39, September 26, 2024
As used in
K.A.R.
28-66-1 through
28-66-4 unless otherwise
specified:
(a) "Base grant" means
state water plan fund monies allocated to the Kansas department of health and
environment and awarded to local entities for the purpose of developing and
implementing a local environmental protection plan for a term which coincides
with the state fiscal year.
(b)
"Core program" means services that shall be provided by each local entity that
is awarded a base grant, and which include the following:
(1) The development and implementation of an
annual local environmental protection plan;
(2) the development, implementation, and
enforcement of an environmental code which has been approved by the secretary
of KDHE and which establishes standards for the management of on-site
wastewater systems for the treatment and disposal of domestic sewage only;
(3) the development,
implementation and enforcement of an environmental code which has been approved
by the secretary of KDHE and which establishes standards for the management
water supply wells which do not meet the definition of a public water supply
well pursuant to
K.S.A.
65-162a(b);
(4) information, education, and technical
assistance; and
(5) organization
and coordination of a local environmental protection committee to provide
advice and counsel to the local entity on the content and administration of the
local environmental protection plan.
(c) "KDHE" means the Kansas department of
health and environment.
(d) "Local
environmental protection plan" means a document revised annually by the local
entity which includes objectives and workplans intended to implement the
environmental protection strategy of the state water plan and which serves as
the application for a base grant.
(e) "Local entity" means a county health
department formed pursuant to
K.S.A.
19-3701 et seq. and amendments thereto, other
local entity formed under the power of the board of county commissioners to
conduct any of the business of the county pursuant to K.S.A. 1992 Supp.
19-101a, or a multi-county entity
formed pursuant to
K.S.A.
12-2901 et seq. and amendments thereto.
(f) "Program guidelines" means a
document prepared by KDHE by April 1 of each year which establishes program
priorities, grant application and program reporting procedures, and other
pertinent grant instructions for the next state fiscal year.
(g) "Secretary" means the secretary of KDHE.
(h) "Supplemental program" means
any of the following:
(1) The development and
implementation of a plan for subdivision water and wastewater pursuant to
K.S.A. 1992 Supp.
12-747,
K.S.A.
65-3311 and amendments thereto;
(2) the development and implementation of a
solid waste management plan pursuant to
K.S.A.
65-3405 and amendments thereto;
(3) the development and implementation of a
hazardous waste management plan that is consistent with
K.S.A.
65-3430 and amendments thereto;
(4) participation in the development and
implementation of a nonpoint source pollution control plan which identifies the
activities and responsibilities of the local environmental protection program
in the management of nonpoint pollutant sources; and
(5) the development and implementation of a
public water supply protection plan which at a minimum:
(A) specifies the duties of local government
agencies, the public water supplier and other local entities in the development
and implementation of a public water supply protection plan;
(B) defines the public water supply
protection area;
(C) identifies
all potential contaminant sources within the defined public water supply
protection area;
(D) identifies
management practices which may be implemented to prevent contamination of the
public water supply by each identified contaminant source, including but not
limited to information and education, technical assistance, financial
assistance, and the use of local ordinances;
(E) establishes a contingency plan to provide
an alternate source of drinking water for each public water supply in the case
that the public water supply becomes contaminated;
(F) requires that for any new public water
supply all potential contaminant sources within the expected protection area be
identified and management practices for each contaminant source identified; and
(G) provides for public
participation in the development of any public water supply protection plan.
(i) "Target
grant" means funding which may be awarded to a local entity in addition to a
base grant for the purpose of conducting an approved program objective for
which base grant funds are not sufficient.