WATER POLLUTION ACT

K.S.A. ch. 12, art. 31

in effect

K.S.A. 12-3101 Name of act.

12-3101. Name of act. This act shall be known as the water pollution act. L. 1959, ch. 87, § 1; June 30. Law Review and Bar Journal References: "Fifteen Years of Home Rule in Kansas Municipalities," Murray E. Anderson, 16 W.L.J. 360, 368 (1977). CASE ANNOTATIONS 1. Purpose of act is water abatement; not statutory authority for ordinance levying sewer charges under facts. Jennings v. Walsh, 214 Kan. 398, 399, 521 P.2d 311. 2. Whether ordinance exempting city from KWPA is administrative precluding repeal by initiative processes examined. City of Wichita v. Kansas Taxpayers Network, Inc., 255 Kan. 534, 535, 874 P.2d 667 (1994). 3. Mentioned in city home rule challenge to city opting out of municipal court fee statute. Farha v. City of Wichita, 284 Kan. 507, 519, 161 P.3d 717 (2007).

K.S.A. 12-3102 Definitions.

12-3102. Definitions. For the purpose of this act, the following words and phrases shall have the meaning ascribed to them in this section: (a) "Sewer" or "sewer system" shall mean sanitary and storm sewers, pumping stations, sewage treatment plants, main sewers, intercepting sewers, outfall sewers, surface drains and works for the collection, transportation, pumping, treating, and disposing of water carried wastes or storm or surface waters, and all appurtenances necessary in the maintenance and operation of the same. (b) "Municipality" shall mean any city, county, township, township sewer district, or other political subdivision of the state authorized to levy taxes or empowered to cause taxes to be levied. L. 1959, ch. 87, § 2; June 30.

K.S.A. 12-3103 Adoption of resolution by municipality and secretary of health and environment; contents.

12-3103. Adoption of resolution by municipality and secretary of health and environment; contents. No municipality shall exercise any of the powers hereafter conferred by this act until its local governing body and the secretary of health and environment shall have adopted a resolution finding that: (1) The sewer system of such municipality is inadequate to meet the standards of the secretary of health and environment; and (2) the construction, reconstruction, development, or redevelopment of a sewer system of such municipality is necessary in the interest of public health and welfare of the residents of the state. L. 1959, ch. 87, § 3; L. 1975, ch. 462, § 3; July 1. CASE ANNOTATIONS 1. City ordinance held invalid because of failure to comply with section was voidable; separate care requiring refund of fees paid not res judicata or collateral estoppel; plaintiffs deemed to have made nonrefundable voluntary payments under Kansas voluntary payment rule. Regency Park v. City of Topeka, 267 Kan. 465, 468, 473, 478, 981 P.2d 256 (1999).

K.S.A. 12-3104 Sewer systems; powers of municipality.

12-3104. Sewer systems; powers of municipality. Every municipality shall have all the powers necessary or convenient to plan, alter, enlarge, extend, improve, construct, reconstruct, develop, redevelop, operate and maintain a sewer system of such municipality, including the following powers: (a) To adopt by ordinance or resolution sewer service charges based on a per unit volume of water used and based on the strength and volume of sewage contributed; (b) To use the proceeds of the sewer service charges to plan, alter, enlarge, extend, improve, construct, reconstruct, develop, redevelop, operate and maintain sewer systems; (c) To issue revenue bonds and use the proceeds of said revenue bonds to plan, alter, enlarge, extend, improve, construct, reconstruct, develop and redevelop sewer systems; (d) To use the proceeds of the sewer service charges to pay the principal and interest on revenue bonds for the planning, altering, enlarging, extending, improving, constructing, reconstructing, developing, redeveloping, operating and maintaining sewer systems; (e) To contract with agencies of the federal government, public bodies of this state or other states, or with any private person or body for jointly planning, altering, enlarging, extending, improving, constructing, reconstructing, developing, redeveloping and maintaining sewer systems; (f) To contract with agencies of the federal government, public bodies of this state or other states or with any private person or body for receiving and treating sewage from outside of the limits of the municipality; (g) To plan, alter, enlarge, extend, improve, construct, reconstruct, develop, redevelop, operate and maintain a sewer or sewer system outside the boundaries of the municipality and to have the right of eminent domain outside of the limits of the municipality in order to acquire right of way for a sewer or sewer systems; and (h) To borrow money and to apply for and accept advances, loans, grants, contributions or any other form of financial assistance from the federal government, the state, county or other public body for the purposes of this act. A municipality may include in any contract for financial assistance with the federal government such conditions imposed pursuant to federal law as the municipality may deem reasonable and appropriate. L. 1959, ch. 87, § 4; June 30. CASE ANNOTATIONS 1. Authority to levy charges hereunder relates to use of system; sewer service charges not authorized where occupants not connected to system. Jennings v. Walsh, 214 Kan. 398, 399, 400, 401, 521 P.2d 311.

K.S.A. 12-3105 Same; rules and regulations authorized; billing and collection of sewer service charges; discontinuance of water service, when.

12-3105. Same; rules and regulations authorized; billing and collection of sewer service charges; discontinuance of water service, when. The governing body of a municipality shall have the power by ordinance or resolution to adopt rules and regulations providing for the management and operation of its sewer system, prohibiting the discharge of matter deleterious to the proper operation of the treatment plant into the sewer system, establishing the types and characteristics of sewage that may be discharged into the sewer system, fixing the service charges, requiring security for the payment thereof, and providing methods and rules of collection, and providing for the disposition of the revenue therefrom. In the event any person, firm, corporation, political unit or organization living or operating on premises connected to a sanitary sewer shall neglect, fail or refuse to pay the service charges fixed by the governing body of said municipality, the governing body is hereby authorized to refuse the delivery of water through the pipes and mains of a publicly owned waterworks until such time as such charges are fully paid: Provided, however, That any city of the first class now owning or hereafter acquiring a municipal water plant and a municipal light plant, which plants are now or hereafter operated, managed and controlled by a board of public utilities, as provided by K.S.A. 13-1220 to 13-1234a , inclusive, and all acts and parts of acts amendatory thereof or supplemental thereto, may with the consent of the board of public utilities bill and collect the sewer service charges through the administrative departments of the board of public utilities and the board of public utilities may discontinue water services to premises owned, managed or occupied by consumers who have delinquent sewer service charges. L. 1959, ch. 87, § 5; June 30. Law Review and Bar Journal References: Discussion of refusal of water service, opinion of attorney general, 9 K.L.R. 101 (1960). "Groundwater Pollution I: The Problem and the Law," Robert L. Glicksman, George Cameron Coggins, 35 K.L.R. 151 (1986). CASE ANNOTATIONS 1. Whether Kansas water pollution act (K.S.A. 12-3101 et seq.) is uniformly applicable to all cities examined. City of Wichita v. Kansas Taxpayers Network, Inc., 255 Kan. 534, 537, 874 P.2d 667 (1994).

K.S.A. 12-3106 Issuance of sewer system revenue bonds; requirements; election.

12-3106. Issuance of sewer system revenue bonds; requirements; election. (a) A municipality shall have power to issue revenue bonds from time to time in its discretion to finance the planning, altering, enlarging, extending, improving, developing, and redeveloping, construction and reconstruction of sewer systems under this act. Such bonds shall be made payable, as to both principal and interest, solely from the income, proceeds, revenues, and funds of the municipality derived from or held in connection with its sewer systems: Provided, however, That payment of such bonds, both as to principal and interest, may be further secured by a pledge of any loan, grant or contribution from the federal government. (b) Bonds issued under this section shall not constitute an indebtedness within the meaning of any constitutional or statutory debt limitation or restriction, and shall not be subject to the provisions of any other law relating to the authorization, issuance or sale of bonds. Bonds issued under the provisions of this act are declared to be issued for an essential public and governmental purpose and, together with interest thereon and income therefrom, shall be exempted from all taxes. (c) Bonds issued under this section shall be authorized by ordinance or resolution of the local governing body and may be issued in one or more series and shall bear such date or dates, be payable upon demand or mature at such time or times, bear interest at such rate or rates, not exceeding the maximum rate of interest prescribed by K.S.A. 10-1009 , be in such denomination or denominations, be in such form, have such rank or priority, be executed in such manner, and be subject to such terms of redemption (with or without premium), be secured in such manner, and have such other characteristics as may be provided by such ordinance or resolution issued pursuant thereto: Provided, That no bonds shall be issued under this act until the same have been authorized by a majority of the vote of the electors of such municipality in the manner prescribed by K.S.A. 10-120 or any amendments thereto. L. 1959, ch. 87, § 6; L. 1970, ch. 64, § 23; March 21. CASE ANNOTATIONS 1. Whether Kansas water pollution act (K.S.A. 12-3101 et seq.) is uniformly applicable to all cities examined. City of Wichita v. Kansas Taxpayers Network, Inc., 255 Kan. 534, 538, 874 P.2d 667 (1994).

K.S.A. 12-3107 Same; power to issue bonds supplemental and additional.

12-3107. Same; power to issue bonds supplemental and additional. The power herein granted to issue bonds shall be supplemental to and not amendatory of the provisions of all other laws, and shall be in addition to and independent of the authority granted to certain municipalities by K.S.A. 10-1201 to 10-1212 , inclusive, 13-1238 to 13-1245 , inclusive, and 13-1252 to 13-1264 , inclusive, and acts amendatory thereof or supplemental thereto. L. 1959, ch. 87, § 7; June 30.

Source: Kansas Office of Revisor of Statutes (ksrevisor.gov)URL: https://www.ksrevisor.gov/statutes/ksa_ch12.htmlFetched: 10/20/2026