Current through Register Vol. 43, No. 39, September 26, 2024
(a)
Once a LEMA has been designated by the chief engineer, the corrective controls
in the LEMA plan shall remain in place until the LEMA expires pursuant to the
terms of the LEMA plan or until the LEMA plan is changed.
(1) A GMD's board of directors or staff may
request assistance in developing changes or informally reviewing any proposed
changes to a LEMA plan before recommending adoption of the changes and
submitting the changes to the chief engineer for consideration.
(2) In order to change an existing LEMA plan,
each proposed change shall first be adopted by resolution of the GMD and then
sent to the chief engineer for a public hearing.
(3) If the chief engineer determines that the
proposed changes should be made part of the LEMA plan based on the findings at
a public hearing, an order amending the LEMA plan shall be issued. However, no
amendments may be retroactively applied in a way that requires greater
reductions in water use than were required by the existing LEMA plan.
(b) If any proposed changes result
from a formal review of the LEMA plan pursuant to K.S.A. 82a-1041 and
amendments thereto or as required by the LEMA plan, the proposed changes with
the chief engineer's findings shall be sent to the GMD's board of directors
following the formal review hearing. The GMD's board of directors shall have 60
days to review the proposed changes and approve, reject, or amend the proposed
changes.
(1) If the proposed changes are
approved by resolution of the GMD, the chief engineer shall issue a LEMA review
order containing the chief engineer's findings and implementing the changes and
amending the LEMA plan.
(2) If the
proposed changes are rejected by resolution of the GMD or the GMD fails to act
within 60 days, the chief engineer shall issue a LEMA review order summarizing
the chief engineer's findings and recommendations but without ordering any
changes or amending the LEMA plan.
(3) If the proposed changes are adopted by
resolution of the GMD and sent back to the chief engineer, an additional public
hearing to consider the amendments shall be held. The additional hearing shall
allow for the submission of written comments and may be conducted by using a
medium for interactive communication that meets the requirements of the Kansas
open meetings act, K.S.A. 75-4317 et seq. and amendments thereto. The
amendments to the proposed changes shall not be adopted by the chief engineer
but may only be adopted or rejected as received from the GMD. Following the
public hearing on the amendment, the chief engineer shall issue an order with
findings that either reject the changes or order the amendment of the LEMA
plan.
(c) Each hearing to
consider changes in a designated LEMA and each formal review hearing shall be
conducted pursuant to the hearing requirements in K.A.R. 5-193, unless the
existing LEMA plan prescribes different or additional procedural requirements
for a formal review.
(d) In
addition to any topics required by the LEMA plan to be reviewed, each LEMA plan
formal review hearing shall, at a minimum, include review and consideration of
the effectiveness of the current corrective controls to meet the LEMA plan's
stated goal. This subsection shall not serve as a limitation on topics that the
presiding officer may hear or that the public may present during a formal
review.
