reglab/statecodes huggingface dataset:
Kansas Administrative Regulations › Agency 11 - STATE CONSERVATION COMMISSION › Article 3 - WATERSHED DAM CONSTRUCTION PROGRAM › Section 11-3-7 - Notification of completion

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The district shall notify the commission and the chief
				engineer when the district's approved project is complete and ready for final
				inspection.
(b) The notification to the commission shall include the
				following:
(1) The date of completion of the project; and
(2) an itemized list of all costs of the following:
(A) Construction or rehabilitation; and
(B) engineering inspections and geological investigations.
Kansas Administrative Regulations › Agency 11 - STATE CONSERVATION COMMISSION › Article 3 - WATERSHED DAM CONSTRUCTION PROGRAM › Section 11-3-9 - Supplemental application procedures

Current through Register Vol. 43, No. 28, July 11, 2024
Each supplemental request of funds for costs of construction or
				rehabilitation and engineering costs exceeding the approved funding shall be
				submitted on a form supplied by the commission.
Kansas Administrative Regulations › Agency 11 - STATE CONSERVATION COMMISSION › Article 3 - WATERSHED DAM CONSTRUCTION PROGRAM › Section 11-3-10 - Inspection

Current through Register Vol. 43, No. 28, July 11, 2024
The district shall conduct an annual operation and maintenance
				inspection of each completed new or rehabilitated state-funded structure and
				shall file an inspection report on a form provided by the commission. The
				district shall submit a copy of the inspection report to the commission and
				chief engineer. The district shall implement corrective maintenance or repair
				when needed.
Kansas Administrative Regulations › Agency 11 - STATE CONSERVATION COMMISSION › Article 3 - WATERSHED DAM CONSTRUCTION PROGRAM › Section 11-3-11 - Application for rehabilitation

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Any organized watershed district, drainage district, other
				special-purpose district, or other dam owner as authorized by the legislature
				that is interested in state assistance may apply for state cost-share
				assistance funds appropriated for the rehabilitation of detention dams and
				grade stabilization dams. Each application for state assistance shall be
				submitted on a form supplied by the commission.
(b) Each applicant shall submit a letter of intent to the
				commission by July 1 for a specific rehabilitation project to be considered for
				funding in the next fiscal year. The letter of intent shall include the
				following:
(1) A preliminary rehabilitation design;
(2) a preliminary cost estimate for the rehabilitation;
(3) a cost estimate for a breach analysis;
(4) the hazard classification; and
(5) the structure condition report worksheet.
The chief engineer shall be notified upon commission receipt of
				all rehabilitation applications.
Kansas Administrative Regulations › Agency 11 - STATE CONSERVATION COMMISSION › Article 3 - WATERSHED DAM CONSTRUCTION PROGRAM › Section 11-3-12 - Application for financial assistance for inundation area mapping

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Any organized watershed district, drainage district, other
				special-purpose district, or other dam owner authorized by the legislature may
				apply for state financial assistance for inundation area mapping. Each
				application shall be submitted on a form prescribed by the commission.
(b) Each application for financial assistance for inundation
				area mapping within a district shall include the following:
(1) The identification of each person whose services will be
				employed to complete the map;
(2) an acknowledgement that the services specified in paragraph
				(b) (1) will be conducted by a licensed professional engineer; and
(3) a summary of how the district will use the inundation area
				map to encourage the prevention of future inundation area development.
Kansas Administrative Regulations › Agency 11 - STATE CONSERVATION COMMISSION › Article 4 - STATE GRANTS FOR CONSTRUCTION OR RENOVATION OF MULTIPURPOSE SMALL LAKES › Section 11-4-1 - Definitions

Current through Register Vol. 43, No. 28, July 11, 2024
(a) "Authorized representative" means the individual designated
				by the sponsor to be responsible for all correspondence. The authorized
				representative shall be the point of contact for the proposed project.
(b) "Bathymetric survey" means a survey recording the water
				depth of a reservoir at various points.
(c) "Commission" means the state conservation commission.
(d) "Cost-share limit" means the limitation of state funds as
				established by statute for class I, class II, and class III projects.
(e) "Land treatment" means a structure or conservation practice
				that shall constitute a viable method of erosion abatement or sediment and
				pollution control.
(f) "Phase I letter of interest" means an initial written
				request from a sponsor for a determination of whether a proposed project is
				eligible for funding.
(g) "Phase II letter of intent" means a letter providing the
				necessary information for establishing the funds required for a proposed
				project. Project plans, budgets, and schedules shall be developed in sufficient
				detail to support the funding request. An approved general plan, which shall be
				submitted with the letter of intent, shall supply detailed information to allow
				comparison with other projects. The signed letter of intent and supporting
				documentation shall be reviewed by the state water-related agencies. An order
				of priority for the proposed projects shall be established from the information
				provided in the letter of intent and recommendations from the reviewing
				agencies.
(h) "Phase III application" means the application for the
				appropriated funds for a project. This term shall include construction
				documents including technical specifications, contract documents, bidding plans
				and procedures, and documentation showing that all required permits, titles, or
				options on the necessary lands and easements have been obtained.
(i) "Program" means the multipurpose small lakes program.
(j) "Project" means construction or renovation of a
				multipurpose small lake structure by the sponsor, including acquisition of land
				rights and installation of land treatment structures, dams, and recreation
				facilities.
(k) "Renovation," as defined in K.S.A. 82a-1603  and amendments
				thereto, shall include the act of restoring an existing structure to safe and
				efficient functioning for the original purpose or for a new purpose.
(l) "Renovation plan" means a plan that outlines the scope of
				work of the project and shall include the following:
(1) A benefit and cost analysis;
(2) documentation of how the renovation will return the
				structure to its original purpose or a new purpose; and
(3) basic construction and hydrologic data for planning
				purposes.
Kansas Administrative Regulations › Agency 11 - STATE CONSERVATION COMMISSION › Article 4 - STATE GRANTS FOR CONSTRUCTION OR RENOVATION OF MULTIPURPOSE SMALL LAKES › Section 11-4-2 - Phase I letter of interest

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each prospective sponsor of new construction shall submit a
				phase I letter of interest to the commission to determine if the proposed
				project will qualify for the program. The letter of interest shall be submitted
				on a form furnished by the commission.
(b) In the phase I letter of interest for renovation of an
				existing lake, the sponsor shall provide the commission with evidence that the
				proposed project meets the following initial eligibility requirements:
(1) The lake shall currently provide local public water supply
				benefits or be resonably expected to do so in the future.
(2) The dam impounding the lake shall not be considered
				hydrologically inadequate or unsafe by the chief engineer.
Kansas Administrative Regulations › Agency 11 - STATE CONSERVATION COMMISSION › Article 4 - STATE GRANTS FOR CONSTRUCTION OR RENOVATION OF MULTIPURPOSE SMALL LAKES › Section 11-4-3 - Phase II letter of intent

Current through Register Vol. 43, No. 28, July 11, 2024
(a)
(1) Any sponsor may submit a phase II letter of intent
				following receipt of a letter from the commission acknowledging that the
				proposed project is eligible for possible funding. The letter of intent,
				submitted on a form furnished by the commission, shall include an approved
				general plan, if applicable.
(2) Each proposed project involving community development block
				grant funds shall include a copy of an application for these funds. If the
				grant conditions change or new grants are awarded anytime after submittal of
				the proposal, the sponsor shall forward the most current version to the
				commission.
(3) The sponsor shall include an agricultural impact statement
				and resources inventory when five acres or more of prime agricultural land is
				taken under the power of eminent domain, if applicable.
Kansas Administrative Regulations › Agency 11 - STATE CONSERVATION COMMISSION › Article 4 - STATE GRANTS FOR CONSTRUCTION OR RENOVATION OF MULTIPURPOSE SMALL LAKES › Section 11-4-4 - Review process

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The agencies reviewing each phase II letter of intent shall
				include the following:
(1) Kansas department of health and environment;
(2) division of water resources, Kansas department of
				agriculture;
(3) Kansas department of wildlife and parks;
(4) Kansas biological survey at the university of Kansas;
(5) Kansas state historical society; and
(6) Kansas water office.
Kansas Administrative Regulations › Agency 11 - STATE CONSERVATION COMMISSION › Article 4 - STATE GRANTS FOR CONSTRUCTION OR RENOVATION OF MULTIPURPOSE SMALL LAKES › Section 11-4-5 - Funding

Current through Register Vol. 43, No. 28, July 11, 2024
Each project recommended for funding through the review process
				and approved by the commission shall be included as a line item in the
				commission's budget request.
Kansas Administrative Regulations › Agency 11 - STATE CONSERVATION COMMISSION › Article 4 - STATE GRANTS FOR CONSTRUCTION OR RENOVATION OF MULTIPURPOSE SMALL LAKES › Section 11-4-6 - Phase III Application

Current through Register Vol. 43, No. 28, July 11, 2024
(a) After funds have been appropriated by the legislature for a
				project, the sponsor shall submit to the commission a phase III application.
				The application shall be submitted on a form furnished by the commission.
(b) The sponsor shall be responsible for securing all required
				permits before a state contract may be authorized. A copy of each required
				permit shall be furnished to the commission before any construction or
				renovation reimbursements are made.
(c) In addition to meeting the other requirements of this
				regulation, the sponsor of each renovation project shall submit a
				pre-excavation bathymetric survey estimating the volume of sediment to be
				excavated and a plan to address the safe handling and disposing of
				contaminants.
(d) The contractor selection committee shall include a
				representative of the commission.
Kansas Administrative Regulations › Agency 11 - STATE CONSERVATION COMMISSION › Article 4 - STATE GRANTS FOR CONSTRUCTION OR RENOVATION OF MULTIPURPOSE SMALL LAKES › Section 11-4-7 - State contract

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each contract between the commission and the sponsor shall
				include the contractual provisions required by the commission and the state.
(b) Any contracts not completed by the end of the fiscal year
				in which appropriation was made may be extended by the commission.
Kansas Administrative Regulations › Agency 11 - STATE CONSERVATION COMMISSION › Article 4 - STATE GRANTS FOR CONSTRUCTION OR RENOVATION OF MULTIPURPOSE SMALL LAKES › Section 11-4-8 - Procedures

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each engineering plan submitted to the chief engineer shall
				reflect economical design and shall conform to or exceed the construction
				requirements of the chief engineer.
(b) Each sponsor shall have acquired fee simple title or any
				other estate or interest in the site of the project, including all necessary
				easements and rights-of-ways, to ensure undisturbed use and possession for the
				purpose of construction, operation, and maintenance for the life of the
				project.
(c) Standard bid procedures of the department of administration
				shall be used in the bidding process for construction projects.
(d) Standard bid procedures of the department of administration
				and the bid procedures of the commission shall be used in the bidding process
				for renovation projects.
(e) The sponsor shall maintain adequate accounting and fiscal
				records to reflect the receipt and expenditure of all funds on the project.
(f) The sponsor shall submit relevant documents and information
				as required by the commission.
(g) The sponsor shall ensure that a bid bond and a performance
				bond are secured by the contractor.
(h) The sponsor shall complete the project in accordance with
				the application, plans, specifications, and any modifications approved by the
				chief engineer.
Kansas Administrative Regulations › Agency 11 - STATE CONSERVATION COMMISSION › Article 4 - STATE GRANTS FOR CONSTRUCTION OR RENOVATION OF MULTIPURPOSE SMALL LAKES › Section 11-4-9 - Partial payments

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Partial payments of appropriated state funds shall be made
				by the commission to the sponsor no more often than once each month. Each
				partial payment shall be requested by the sponsor on a form furnished by the
				commission. All claims shall be documented by the sponsor as directed by the
				commission.
(b) Each partial payment request shall include a project
				progress report. Partial payments shall be made in proportion to the work
				completed on the project.
(c) Until final certification is made by the chief engineer, 10
				percent of the total project cost-share shall be retained by the commssion.
Kansas Administrative Regulations › Agency 11 - STATE CONSERVATION COMMISSION › Article 4 - STATE GRANTS FOR CONSTRUCTION OR RENOVATION OF MULTIPURPOSE SMALL LAKES › Section 11-4-10 - Notification of completion

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The sponsor of a construction project shall notify the
				commission and the chief engineer when the project is completed and ready for
				final certification by the chief engineer. The notification of completion shall
				be submitted on a form supplied by the commission and shall include the
				following:
(1) The date of completion of the project;
(2) an itemized list of all costs of construction, engineering,
				surveys, geological investigations, inspections, and land acquisition; and
(3) a request for final payment of funds for the project.
Kansas Administrative Regulations › Agency 11 - STATE CONSERVATION COMMISSION › Article 4 - STATE GRANTS FOR CONSTRUCTION OR RENOVATION OF MULTIPURPOSE SMALL LAKES › Section 11-4-11 - Modifications to construction or renovation plan

Current through Register Vol. 43, No. 28, July 11, 2024
Each modification of the original construction or renovation
				plan shall require the prior approval of the chief engineer and notification to
				the commission.
Kansas Administrative Regulations › Agency 11 - STATE CONSERVATION COMMISSION › Article 4 - STATE GRANTS FOR CONSTRUCTION OR RENOVATION OF MULTIPURPOSE SMALL LAKES › Section 11-4-12 - Amendment to costs of project

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The sponsor shall notify the commission of all increases in
				costs and of all proposed additions to, deletions from, and modifications of
				the project.
(b) The sponsor may submit an amendment to the application for
				state funds to the commission for costs of construction, engineering, and land
				rights above the approved application funding. The amendment shall be submitted
				on a form furnished by the commission and shall include any documentation
				required by the commission.
(c) After review by the commission, each approved amendment for
				increased funding shall be designated as either of the following:
(1) Funded from appropriations made available for necessary
				amendments; or
(2) included as a line item request in the commission budget.
Kansas Administrative Regulations › Agency 11 - STATE CONSERVATION COMMISSION › Article 4 - STATE GRANTS FOR CONSTRUCTION OR RENOVATION OF MULTIPURPOSE SMALL LAKES › Section 11-4-13 - Maintenance

Current through Register Vol. 43, No. 28, July 11, 2024
The sponsor shall provide maintenance of the completed
				structure throughout its designed life or useful life, whichever is longer. The
				sponsor shall implement corrective maintenance or repair when needed.
Kansas Administrative Regulations › Agency 11 - STATE CONSERVATION COMMISSION › Article 4 - STATE GRANTS FOR CONSTRUCTION OR RENOVATION OF MULTIPURPOSE SMALL LAKES › Section 11-4-14 - Annual inspection

Current through Register Vol. 43, No. 28, July 11, 2024
The sponsor shall ensure that an annual operation and
				maintenance inspection of the completed structure is made. The inspection shall
				be made by a person experienced in dam operation and maintenance. The sponsor
				shall submit a copy of the operation and maintenance inspection report, on a
				form provided by the commission, to the commission and chief engineer.
Kansas Administrative Regulations › Agency 11 - STATE CONSERVATION COMMISSION › Article 4 - STATE GRANTS FOR CONSTRUCTION OR RENOVATION OF MULTIPURPOSE SMALL LAKES › Section 11-4-15 - Eligible components of renovation projects

Current through Register Vol. 43, No. 28, July 11, 2024
The eligible components of a renovation project shall include
				the following:
(a) Engineering;
(b) repair of embankments;
(c) construction of silt basins;
(d) mobilization and demobilization of equipment;
(e) excavation;
(f) removal of sediment from a reservoir;
(g) metal, conrete, and associated materials;
(h) inundation mapping; and
(i) land rights.
Kansas Administrative Regulations › Agency 11 - STATE CONSERVATION COMMISSION › Article 4 - STATE GRANTS FOR CONSTRUCTION OR RENOVATION OF MULTIPURPOSE SMALL LAKES › Section 11-4-16 - Testing and disposal of sediment from reservoir

Current through Register Vol. 43, No. 28, July 11, 2024
The testing of sediment by the sponsor may be required by the
				commission before or during excavation, or both. The sponsor shall be required
				to have one or more sufficient sediment storage basins for the disposal of
				excavated material.
Kansas Administrative Regulations › Agency 11 - STATE CONSERVATION COMMISSION › Article 6 - WATER SUPPLY RESTORATION PROGRAM › Section 11-6-1 - Definitions

Current through Register Vol. 43, No. 28, July 11, 2024
(a) "Commission" means the state conservation commission.
(b) "Land treatment" means structures or conservation practices
				that constitute viable methods of erosion abatement or sediment and pollution
				control.
(c) "Letter of interest" means an initial written request from
				a sponsor for a determination of whether a proposed project is eligible for
				funding.
(d) "Letter of intent" means a letter providing the necessary
				information for establishing the funds required for a proposed project. Project
				plans and specifications, budgets, and schedules shall be developed in
				sufficient detail to support the funding request. The signed letter of intent
				and supporting documentation shall be reviewed by the environmental review
				agencies specified in K.A.R. 11-6-6.
(e) "Project" means the restoration of a water supply structure
				by a sponsor, including land treatment.
(f) "Public water supply" means a water supply that has
				beneficial municipal use.
(g) "Restoration" means the act of returning an existing water
				supply structure to safe and efficient functioning, including the installation
				or repair of erosion control measures and land treatment.
(h) "Restoration plan" means a document providing sufficient
				details to support the letter of intent.
(i) "Sponsor" means any of the following:
(1) A political subdivision of the state that has the power of
				taxation and the right to eminent domain;
(2) a public wholesale water supply district; or
(3) a rural water district.
Kansas Administrative Regulations › Agency 11 - STATE CONSERVATION COMMISSION › Article 6 - WATER SUPPLY RESTORATION PROGRAM › Section 11-6-2 - Eligible components of projects

Current through Register Vol. 43, No. 28, July 11, 2024
The eligible components of a project shall include the
				following:
(a) Engineering, including project design, plans, and
				specifications;
(b) repairs of the structure and its appurtenant works;
(c) mobilization and demobilization of equipment;
(d) dredge and sediment disposal facilities; and
(e) watershed protection and restoration.
Kansas Administrative Regulations › Agency 11 - STATE CONSERVATION COMMISSION › Article 6 - WATER SUPPLY RESTORATION PROGRAM › Section 11-6-3 - Letter of interest

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each prospective sponsor shall submit a letter of interest
				to the commission to determine if the proposed project is eligible for
				consideration for funding. The letter of interest shall be submitted on a form
				furnished by the commission.
(b) In the letter of interest, the sponsor shall provide the
				commission with evidence that the proposed project meets the following initial
				eligibility requirements:
(1) The structure shall currently provide local public water
				supply benefits or be reasonably expected to do so in the future.
(2) The sponsor shall demonstrate that existing or planned
				infrastructure and practices are capable of preserving the improvements and
				address watershed protection.
Kansas Administrative Regulations › Agency 11 - STATE CONSERVATION COMMISSION › Article 6 - WATER SUPPLY RESTORATION PROGRAM › Section 11-6-4 - Letter of intent

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Any sponsor may submit a letter of intent following receipt
				of a letter from the commission acknowledging that the proposed project is
				eligible for consideration for funding. The letter of intent, submitted on a
				form furnished by the commission, shall include a restoration plan as specified
				in K.A.R. 11-6-5.
(b) The sponsor shall submit the original of the letter of
				intent, plus one copy for each environmental review agency specified in K.A.R.
				11-6-6, to the commission no later than June 1 to be considered in the budget
				request for the next state fiscal year.
Kansas Administrative Regulations › Agency 11 - STATE CONSERVATION COMMISSION › Article 6 - WATER SUPPLY RESTORATION PROGRAM › Section 11-6-5 - Restoration plan

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each restoration plan shall consist of the following:
(1) Restoration scope;
(2) design plans and specifications;
(3) watershed protection plan, if applicable;
(4) cost estimates;
(5) project schedule; and
(6) any other relevant documents that pertain to renovation,
				protection, or restoration of the water supply structure, as determined by the
				commission.
Kansas Administrative Regulations › Agency 11 - STATE CONSERVATION COMMISSION › Article 6 - WATER SUPPLY RESTORATION PROGRAM › Section 11-6-6 - Review process

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each letter of intent shall be reviewed by the
				environmental review agencies listed in K.S.A. 82a-326(b)  and amendments
				thereto.
(b) Prioritization of projects shall be based on the following:
(1) The current use of the water;
(2) the population served;
(3) the age of the structure;
(4) any loss of storage capacity due to sedimentation or
				deficiencies, or both;
(5) any documented efforts to provide watershed protection;
(6) the status of operation and maintenance;
(7) the current and potential recreational uses of the lake;
(8) specification of whether the watershed has a high total
				maximum daily load;
(9) any prior use of multipurpose small lake program funds;
(10) the percentage of sponsor funding for the project; and
(11) the proposed location of the project with respect to
				federal reservoirs that provide water supply.
Kansas Administrative Regulations › Agency 11 - STATE CONSERVATION COMMISSION › Article 7 - NON-POINT SOURCE POLLUTION CONTROL FUND › Section 11-7-1 - Definitions

Current through Register Vol. 43, No. 28, July 11, 2024
(a) "Animal unit" means a defined unit of measurement to
				determine the applicability of state and federal regulations and pollution
				potential of a confined feeding facility as defined by K.S.A. 65-171d, and
				amendments thereto.
(b) "Applicant" means a landowner or legal agent applying for
				financial assistance to construct or apply pollution control practices.
(c) "Commission" means the state conservation commission.
(d) "Confined feeding facility" is as defined in K.S.A. 65-171d(c)(2), and amendments thereto, exclusive of swine.
(e) "Critical or targeted water resources" means water
				resources that have been identified as exceptional and vulnerable.
(f) "District" means a conservation district that is a
				political subdivision of state government with its own governing body of five
				elected supervisors created under K.S.A. 2-1901  et seq., and amendments
				thereto, as a special purpose district to develop and carry out soil and water
				conservation programs within its political boundaries.
(g) "Exceptional value water resources" means any of the
				following:
(1) A public water supply impoundment and associated tributary
				watershed;
(2) a recharge area or groundwater capture zone of a public
				water supply well field;
(3) a sole source aquifer;
(4) a flowing stream and tributary watershed above a public
				water supply diversion;
(5) a flowing stream and tributary watershed that sustains or
				supports habitats of threatened or endangered species;
(6) a flowing stream and tributary watershed above the highest
				valued fishery resources;
(7) a flowing stream and tributary watershed above reaches
				having any habitat of aquatic species in need of conservation; or
(8) a flowing stream and tributary watershed above highly
				valued recreation areas.
Kansas Administrative Regulations › Agency 11 - STATE CONSERVATION COMMISSION › Article 7 - NON-POINT SOURCE POLLUTION CONTROL FUND › Section 11-7-2 - Local non-point source pollution management plan

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The conservation district responsibility, with assistance
				from sponsors or cosponsors, shall be to coordinate the development and
				submission of a comprehensive local non-point source pollution management plan.
				Local, state and federal agencies and the private sector shall be invited to
				assist in the development of the management plan.
(b) The management plan submitted to the commission shall
				include the following:
(1) Pollution reduction goals;
(2) a description and the location of the area included in the
				plan;
(3) a description of problems and potential problems;
(4) a description of proposed solutions, evaluation, and
				monitoring;
(5) estimated costs;
(6) the source of funding;
(7) an implementation schedule; and
(8) a list of participants in the development of the plan.
Kansas Administrative Regulations › Agency 11 - STATE CONSERVATION COMMISSION › Article 7 - NON-POINT SOURCE POLLUTION CONTROL FUND › Section 11-7-3 - Project work plan

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The conservation district shall coordinate the development
				and submission of a project work plan to request funds for a new or
				significantly modified existing project work plan to implement all or part of
				an approved management plan, or to report the implementation of a non-point
				source pollution control project that does not require additional state
				assistance.
(b) The project work plan submitted to the commission shall
				include the following:
(1) A description of the water quality problem;
(2) a description of the project area;
(3) a priority designation;
(4) the goals and objectives of the project;
(5) evaluation procedures;
(6) schedules and milestones;
(7) a budget; and
(8) a list of all participating organizations.
Kansas Administrative Regulations › Agency 11 - STATE CONSERVATION COMMISSION › Article 7 - NON-POINT SOURCE POLLUTION CONTROL FUND › Section 11-7-4 - Project work plan amendment

Current through Register Vol. 43, No. 28, July 11, 2024
(a) An amendment to the project work plan may be submitted to
				the commission for review.
(b) An amendment that involves a funding increase and is
				approved shall be funded from available non-point source pollution control
				funds.
(c) An amendment that involves a funding increase and is not
				approved shall be returned with the reason for disapproval. Appeal may be made
				in writing within 15 days after the notice of disapproval.
Kansas Administrative Regulations › Agency 11 - STATE CONSERVATION COMMISSION › Article 7 - NON-POINT SOURCE POLLUTION CONTROL FUND › Section 11-7-5 - Allocation of non-point source pollution control funding

Current through Register Vol. 43, No. 28, July 11, 2024
(a) When funds are available, any district with an approved
				local non-point source management plan shall annually request from the
				commission NPS funding for new and existing project work plans to implement
				specific elements of the plan and to request contract funds by April 1, using
				forms prescribed by the commission.
(b) Annual district allocations shall be made by the commission
				in accordance with the following criteria:
(1) The amount of geographic inclusion in a state water plan
				priority area;
(2) the identified areas or drainage addressing the protection
				of public water supply areas;
(3) other locally identified priority areas;
(4) the total maximum daily load project areas; and
(5) any other criteria determined by the commission to meet the
				resource goals and objectives of the state.
Kansas Administrative Regulations › Agency 11 - STATE CONSERVATION COMMISSION › Article 7 - NON-POINT SOURCE POLLUTION CONTROL FUND › Section 11-7-6 - Contract funds

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The state contract shall provide for the distribution of
				non-point source pollution technical assistance, information, and education or
				nonfinancial assistance funds.
(b) A one-time advance of the annual allocation of either
				technical assistance or information and education funds, or both, shall be paid
				to each district by the commission after July 1, upon receipt of the signed
				contract.
(c) The amount allocated shall be a supplement to each
				district's uncommitted balance retained on June 30, to equal the current fiscal
				year allocation.
(d) Uncommitted funds held by each district on June 30 shall
				remain in each district account and shall be deducted from the next fiscal
				year's annual advance if the contract is extended.
(e) If the contract is not extended or if uncommitted funds
				exceed the next fiscal year's allocation, the uncommitted funds shall be
				returned to the commission by the district within 10 days after the expiration
				of the contract or receipt of the next fiscal year's allocation.
(f) The district may employ a water quality coordinator to
				provide technical assistance. This coordinator shall be an employee of the
				district and shall be supervised by that district's board of supervisors or its
				designee.
(g) The technical assistance allocation shall be used solely
				for salaries, wages, and benefits as prescribed by the commission for the
				employment of any conservation district employee or employees, based on staff
				hours directly related to the implementation of the program, with funds
				accounted for on forms prescribed by the commission.
(h) The information and education allocation shall be used to
				fund activities that support implementation of the district non-point source
				pollution management plan and project work plans and shall be accounted for on
				forms prescribed by the commission and submitted to the commission by the
				requested date.
(i) Any district purchase, using state contract funds, of
				equipment exceeding $500.00 in value shall be the property of the commission
				for five years or the life of the equipment, whichever is less, and shall
				require advance purchase approval of the commission. After five years, the
				equipment shall become the property of the conservation district.
(j) Transfers of either technical assistance or information and
				education funds to a district's financial assistance account may be allowed for
				reasons determined to be valid by the commission.
(k) Supplemental allocations to districts may be made by the
				commission for information and education projects.
(l) Each district shall follow the operations fund guidelines
				in K.S.A. 2-1907b, and amendments thereto, in its expenditure of state contract
				funds.
Kansas Administrative Regulations › Agency 11 - STATE CONSERVATION COMMISSION › Article 7 - NON-POINT SOURCE POLLUTION CONTROL FUND › Section 11-7-7 - Conservation district program

Current through Register Vol. 43, No. 28, July 11, 2024
Each participating conservation district board of supervisors
				shall develop and submit to the commission for approval, using
				commission-prescribed forms, the district's fiscal year financial assistance
				program under the following provisions:
(a) The district may develop the program after receiving the
				state program forms from the commission.
(b) The district shall select the non-point source pollution
				control practices from those identified in the project work plans that will
				best address pollution prevention and improvement.
(c) The district shall implement its adopted program policies
				upon approval by the commis-sion.
(d) The financial assistance applicant shall follow the minimum
				standards of design, construction, operation, and maintenance as outlined in
				K.A.R. 11-7-12, 11-7-13, and 11-7-14.
(e) Financial assistance levels set by the conservation
				district shall not exceed 70% for private ownership and 50% for public entities
				and shall not change during the fiscal year unless a specific allowance is
				granted by the commission.
(f) The maximum amount of financial assistance allowed for each
				practice shall not exceed $10,000. However, the maximum amount of financial
				assistance allowed shall be $1,000 for abandoned water well plugging and
				$20,000 for livestock waste systems. The amounts specified in this subsection
				shall apply, unless exempted for reasons prescribed by the commission.
(g) Each district shall develop financial assistance
				prioritization criteria following commission guidelines and requirements in the
				funding of financial assistance contracts.
(h) Amendments to the district program shall be submitted, in
				writing, by the district to the commission and may be approved following
				commission-prescribed guidelines.
(i) Approval shall be obtained from the state historical
				preservation office before any expenditure of state funds on practices that
				impact national or state historic sites or other cultural resource areas.
Kansas Administrative Regulations › Agency 11 - STATE CONSERVATION COMMISSION › Article 7 - NON-POINT SOURCE POLLUTION CONTROL FUND › Section 11-7-8 - Financial assistance contract

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each request for a financial assistance payment submitted
				by the district shall be recommended for approval by the conservation district
				board of supervisors or its designee and duly recorded in the minutes of the
				regularly scheduled board meeting.
(b) The district shall review and recommend approval of
				requests for payment from the non-point source pollution control fund on forms
				prescribed by the commission.
(c) Financial assistance requests shall be consistent with each
				district's current fiscal year program as approved by the commission, and all
				commission guidelines and procedures shall be followed in the submittal of
				financial requests.
(d) The actual cost or county average cost, whichever is
				smaller, shall be used as a basis for determining financial assistance earned.
(e)
(1) The applicant shall not begin construction until written
				approval of the submitted request is given by the commission to the district,
				unless the commission determines that an exception is warranted.
(2) If the applicant requests immediate approval, verbal
				approval may be given by the commission if either of the following conditions
				is met:
(A) The practice has been designed and surveyed, and the
				contractor or installer is at the site and ready to proceed with practice
				construction on the same day that the request is made.
(B) The commission will not receive the financial assistance
				request form before an uncommitted funds cancellation deadline.
Kansas Administrative Regulations › Agency 11 - STATE CONSERVATION COMMISSION › Article 7 - NON-POINT SOURCE POLLUTION CONTROL FUND › Section 11-7-9 - Final payment

Current through Register Vol. 43, No. 28, July 11, 2024
Final disbursement of funds due on the contract shall be made
				upon submission of request for payment on forms prescribed by the commission.
				Certification that the project is complete and that it meets all the
				requirements of the contract shall be required before payment of funds.
Kansas Administrative Regulations › Agency 11 - STATE CONSERVATION COMMISSION › Article 7 - NON-POINT SOURCE POLLUTION CONTROL FUND › Section 11-7-10 - Cancellation of funds

Current through Register Vol. 43, No. 28, July 11, 2024
(a) A status report of all active NPS contracts and each
				district's uncommitted balance shall be prepared by the commission on or after
				June 1 and shall be provided to each district.
(b) Cost-share funds uncommitted and not under contract at the
				close of business on June 30 shall be canceled.
(c) Cost-share funds under contract for practices on which
				construction has not begun by June 30 shall be canceled.
(d) Cost-share funds under contract for practices on which
				construction has not begun by June 30, due to inclement weather or other
				factors beyond the control of the applicant, shall be individually evaluated by
				the commission and may be encumbered and continued for one year.
(e) Cost-share funds under contract for practices on which
				construction has begun but has not been completed by June 30 may be encumbered
				and continued for one year.
(f) Encumbered contracts not completed within the year of
				encumbrance may be canceled by the commission.
(g) Any contract may be extended by the commission beyond
				previously outlined guidelines if the contract is determined by the commission
				to be highly significant in pollution reduction and if other factors exist that
				are beyond the control of the applicant.
Kansas Administrative Regulations › Agency 11 - STATE CONSERVATION COMMISSION › Article 7 - NON-POINT SOURCE POLLUTION CONTROL FUND › Section 11-7-11 - Maintenance contract

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each applicant for financial assistance shall sign form
				SCC/NPS-3 entitled "non-point source pollution control program
				application/contract for financial assistance."
(b) The applicant shall agree to maintain the practice
				according to recommended maintenance procedures adopted by the commission for
				10 years or the life of the practice, whichever is greater.
(c) If the financial assistance recipient fails to maintain the
				practice according to contract provisions, the recipient may be declared
				ineligible for future financial assistance funds. The financial assistance
				recipient may be required to repay financial assistance funds received on the
				following pro-rata basis if the amount is more than $100.00 and the recipient
				has constructed or installed the practice within the following time limits:
(1) Five or fewer years: 100%;
(2) more than five years but six or fewer years: 80%;
(3) more than six years but seven or fewer years: 60%;
(4) more than seven years but eight or fewer years: 40%;
(5) more than eight years but nine or fewer years: 20%; and
(6) more than nine years but 10 or fewer years: 10%.
Kansas Administrative Regulations › Agency 11 - STATE CONSERVATION COMMISSION › Article 7 - NON-POINT SOURCE POLLUTION CONTROL FUND › Section 11-7-12 - On-site wastewater system

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The minimum standards established by the KDHE for design
				and construction of on-site wastewater systems outlined in KDHE bulletin 4-2,
				as in effect in March 1997, and the "environmental health handbook," written by
				the KDHE, Kansas state university cooperative extension service, and Kansas
				association of sanitarians and as in effect on January 1, 1999, are hereby
				adopted by reference. These minimum standards shall be superseded only by local
				ordinances requiring more stringent standards of design and construction.
(b) The standard for on-site waste system operation and
				maintenance outlined in Kansas state university cooperative extension
				publications MF-947, dated August 1998, and MF-2290, dated October 1997, shall
				be followed for all state financially assisted on-site wastewater projects and
				are hereby adopted by reference.
(c) Each on-site wastewater system shall be designed,
				inspected, and certified as complete by a local official according to locally
				adopted sanitary or environmental codes approved by KDHE and state design and
				permitting standards, before any state financial assistance payment is made.
(d) Only existing systems determined to be failing by the local
				county official or a KDHE representative shall be eligible for state financial
				assistance.
(e) Each district shall establish and apply applicant
				prioritization based on non-point source pollution water quality benefit
				criteria for all state financially assisted on-site wastewater systems.
(f) An alternative on-site wastewater treatment system that is
				other than a conventional soil absorption field or pond and that is authorized
				by the local health official and the commission shall be eligible for financial
				assistance if the lowest cost treatment system cost-share calculation is used.
(g) State financial assistance for an applicant for an on-site
				wastewater system shall not be available if the local health official reports
				the applicant to the county attorney for enforcement action under locally
				adopted ordinances.
Kansas Administrative Regulations › Agency 11 - STATE CONSERVATION COMMISSION › Article 7 - NON-POINT SOURCE POLLUTION CONTROL FUND › Section 11-7-13 - Abandoned water well plugging

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Any individual plugging abandoned water wells to control
				non-point source pollution and receiving state financial assistance shall
				follow KDHE rules and regulations.
(b) Financial assistance for abandoned water well plugging
				shall not exceed $1,000 for each well. However, an exception to the $1,000
				limit may be granted by the commission when circumstances warrant.
The procedures and minimum standards for plugging abandoned
				wells outlined in Kansas state university cooperative extension publication
				"plugging abandoned wells," MF-935 (revised), as published January 1998 and
				hereby adopted by reference, shall be superseded only by more stringent local
				ordinances.
(c) All plugged abandoned wells shall be registered with the
				KDHE before financial assistance is paid.
Kansas Administrative Regulations › Agency 11 - STATE CONSERVATION COMMISSION › Article 7 - NON-POINT SOURCE POLLUTION CONTROL FUND › Section 11-7-14 - Livestock waste control systems

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Only minimum pollution control measures shall be eligible
				for financial assistance.
(b) Expansion costs of a livestock waste control system
				requiring a design that accommodates more animal units than currently exist
				shall not be eligible for financial assistance unless the commission determines
				that an exception is warrant-ed.
(c) Applicants relocating a confined feeding facility and
				receiving financial assistance shall be required to perform the following:
(1) Clean and properly dispose of waste from the existing
				facility;
(2) remove interior fencing and feeding facilities to render
				the site incapable of the confined feeding of animals; and
(3) plant vegetation at the abandoned facility that maximizes
				nutrient uptake as approved by the district.
Kansas Administrative Regulations › Agency 11 - STATE CONSERVATION COMMISSION › Article 7 - NON-POINT SOURCE POLLUTION CONTROL FUND › Section 11-7-15 - Petition for reconsideration

Current through Register Vol. 43, No. 28, July 11, 2024
(a) A landowner who has been denied cost-share funding may
				appeal an adverse decision of the district by filing a petition for
				reconsideration.
(b) The petition for reconsideration shall be submitted in
				writing to the commission within 30 days after the decision and shall state why
				the decision of the district should be reviewed and why the decision should be
				modified or reversed.
(c) The petition shall be reviewed by the commission during the
				next scheduled commission meeting. Whether the decision should be affirmed,
				modified, or reversed shall be determined by the commission. The final decision
				shall state the reason or reasons for this determination.
Kansas Administrative Regulations › Agency 11 - STATE CONSERVATION COMMISSION › Article 7 - NON-POINT SOURCE POLLUTION CONTROL FUND › Section 11-7-16 - Special projects

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Funds may be withheld by the commission from the annual
				appropriation, and funds released by the districts may be reserved by the
				commission for the purpose of contributing to special projects that the
				commission considers necessary and important for the abatement of non-point
				source pollution.
(b)
(1) Authority shall rest with the commission to fund
				special projects for the purpose of testing, development, implementation, and
				demonstration of new cost-share practices appropriate for water quality
				protection and restoration.
(2) Special projects may be funded by the commission from
				annual appropriations if the projects are determined to be necessary to
				increase the effectiveness and efficiency of the cost-share program.
(3) Special projects shall be conducted for a specified period
				of time and in a limited area as determined by the commission.
Kansas Administrative Regulations › Agency 11 - STATE CONSERVATION COMMISSION › Article 8 - LAND RECLAMATION PROGRAM › Section 11-8-1 - Definitions

Current through Register Vol. 43, No. 28, July 11, 2024
In addition to the terms defined in K.S.A. 49-603, the
				following terms shall be defined as set out below.
(a) "Site" means a tract or consolidated tracts of land which
				can be described by the operator as a single operating unit.
Land Reclamation Program
(b) "New site" means an area that has or will have affected
				land during the registration year but does not have affected land from any
				previous year.
(c) "Tons of material extracted" means tons of material sold
				through direct sales or tons of material consumed in the operation of a
				business, or both.