Any rules and regulations adopted by the secretary of health and environment pursuant to K.S.A. 65-171d, and amendments thereto, shall not apply to land-based sand and gravel pits or aggregate mining operations utilizing washwater ponds if the only water or wastewater directed to the dredge pit or washwater pond consists of the following:

1. (a) Dredge return flows;
2. (b) flows generated from aggregate classification; or
3. (c) flows from washing aggregate, if water used in such flows is returned to the dredge pit or washwater pond.

L. 2013, ch. 111, § 2; July 1.