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County counselor: no statute requires Jackson County to regulate sewage; KDHE and property owners bear primary responsibilities
Summary
County Counselor Todd Luckman told commissioners there is no county statutory duty to regulate sewage; individuals must comply with state/local rules, KDHE likely handles violations, and taxpayers could bear costs if the County does not fund NEK Environmental Services.
County Counselor Todd Luckman advised the Board that Kansas law does not impose on Jackson County a duty to regulate sewage systems. Luckman said property owners must comply with applicable state and local regulations and that, absent a county program, KDHE or other state agencies would typically respond to violations. He added that remediation costs would likely fall to the property owner or taxpayer if the County does not fund NEK Environmental Services.
Earlier the Board received an email from Senator Moran's Office about a taxpayer and a neighbor's sewage issue; that matter was referred to the Sheriff and is being processed. Commissioners tabled other Attorney General–related questions until Chairman Mark Pruett returns.
