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65-187. Powers and duties of secretary. The following powers and duties are hereby conferred and imposed upon the secretary of health and environment:

(a) The secretary of health and environment is authorized to adopt rules and regulations designating and establishing "sanitation zones" for the purposes of this act. When a sanitation zone is established the secretary of health and environment shall file a certified copy of the regulation establishing the boundaries of a sanitation zone in the office of the register of deeds in any county any territory of which is located in such sanitation zone.

(b) The secretary of health and environment is hereby authorized to adopt rules and regulations fixing minimum standards for the control of sanitation in water supply, sewage disposal and refuse disposal upon property located within sanitation zones established under the provisions of this act. Such regulations shall fix a scale of reasonable fees to be paid to the county by the applicant for approval of sanitation plans. The rules and regulations shall provide for the use of septic tanks and sewage holding tanks upon any lot where there is reason to believe the public health and safety will not be endangered thereby.

(c) The secretary of health and environment shall conduct a hearing in accordance with the Kansas administrative procedure act upon a timely appeal by a landowner aggrieved by a decision of a reservoir sanitation officer denying approval of a sanitation plan.

(d) The secretary of health and environment shall examine and approve the maps, plans and specifications of all water supply and sewage disposal systems required to be submitted to the secretary of health and environment under the provisions of this act.

History: L. 1965, ch. 387, § 4; L. 1968, ch. 213, § 2; L. 1969, ch. 294, § 1; L. 1974, ch. 352, § 53; L. 1988, ch. 356, § 184; July 1, 1989.

Law Review and Bar Journal References:

"Groundwater Pollution I: The Problem and the Law," Robert L. Glicksman, George Cameron Coggins, 35 K.L.R. 75, 156 (1986).

"Groundwater Pollution II: An Immodest Proposal for a Strategy to Prevent Groundwater Pollution," George Cameron Coggins, Robert L. Glicksman, 35 K.L.R. 241, 293 (1987).


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