Kansas NPDES regulations & environmental compliance analysis

Kansas NPDES: What you need to know

Governing Law and Regulations

Kansas Water Supply and Sewage Act, Kansas Statutes Annotated (KS Stat. Ann.) 65-161 to 65-171y

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Water pollution control: KS Stat. Ann. 65-3301 to 65-3329

Discharge permits: Kansas Administrative Regulations (KAR) 28-16-1 to 28-16-174

Applicability: KS Stat. Ann. 65-164(a)

Antidegradation: KAR 28-16-28c(a)

Application process: KAR 28-16-59

Permit conditions: KAR 28-16-62

Regulatory Agencies

Kansas Department of Health and Environment (KDHE) Division of Environment Bureau of Water Technical Services Section

U.S. Environmental Protection Agency (EPA) Region 7

See national section for basic information and federal regulations.

Comparison: State vs. Federal

Rules. Kansas is authorized by the U.S. Environmental Protection Agency (EPA) to administer the National Pollutant Discharge Elimination System (NPDES) permit program for discharges of pollutants from point sources to waters of the state. State NPDES permits are issued by the Kansas Department of Health and Environment (KDHE). See the national section NPDES for information concerning the federal NPDES permitting program.

The state also goes beyond the federal NPDES program and requires permits for facilities that have a potential to discharge pollutants to waters of the state. The KDHE issues permits for wastewater treatment facilities that do not discharge to surface waters of the state, also called nonoverflowing facilities, that are referred to as Kansas Water Pollution Control permits.

Both NPDES and Kansas Water Pollution Control permits are issued under the authority of the Kansas Water Supply and Sewage Act. While NPDES permits carry pollutant limitations on the effluent, Kansas Water Pollution Control permits do not, as there is no routine ...


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