65-161.
Definitions.
As used in this act:
(a) "Waters of the state" means all streams and springs, and all bodies of surface and subsurface waters within the boundaries of the state;
(b) "discharge" means, when used without qualification, the causing or permitting of sewage to enter, either directly or indirectly, into waters of the state;
(c) "indirect discharge" means the introduction of pollutants into a publicly owned treatment works from any nondomestic source; and
(d) "direct discharge" means the discharge of sewage into waters of the state.
History:
L. 1907, ch. 382, § 1; R.S. 1923, 65-161; L. 1973, ch. 241, § 1; L. 1984, ch. 221, § 1; April 19.
Notes of Decisions
Pork Motel, Corp. v. Kansas Dep't of Health & Env't, 673 P.2d 1126 (Kan. 1983).
· cites it 6× “Two areas in which the legislature has stated the public policy of the state and granted authority to the secretary of KDHE to carry out that policy are: (1) protecting our water supply and controlling discharge of sewage into the water supply (K.S.A. 65-161 et seq. ), and (2)…”
State v. Lackey, 657 P.2d 40 (Kan. 1983).
· cites it 2× “55-901 and rules and regulations adopted pursuant to such sections or as provided by K.S.A. 65-161 to 65-17H, inclusive, and rules and regulations adopted pursuant to such sections.”
Nat'l Compressed Steel Corp. v. Unified Gov't of Wyandotte Cnty./Kansas City, 38 P.3d 723 (Kan. 2002).
“65-170b, the Secretary of Health and Environment may enter any property or facility which *1255 is subject to the provisions of K.S.A. 65-161 to K.S.A. 65-171j, to observe, monitor, collect samples, and examine records and facilities to determine compliance or noncompliance with…”
Taylor v. Dep't of Health & Env't, 634 P.2d 1075 (Kan. 1981).
· cites it 2× “: This is an appeal by the State in a water pollution action brought under K.S.A. 1975 Supp. 65-161 et seq. The statute provides for appeal to the district court from administrative orders and for appeal to the Supreme Court from the final decision of the district court.”
Davies v. Nat'l Coop. Refinery Ass'n, 963 F. Supp. 990 (D. Kan. 1997).
“) and has general authority and responsibility to protect the soils and waters of the state under K.S.A. 65-161, et seq. 17. As part of KDHE’s efforts to investigate the presence of contamination beneath the radio station property and beneath other property in the south…”
— K.S.A. § 65-161(a) — 1 case
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