Kan. Admin. Regs. § 28-18a-1

Current through Register Vol. 43, No. 25, June 20, 2024

Section 28-18a-1 - Definitions

The following terms, and abbreviations shall have the following meanings, unless otherwise defined in an individual regulation or unless a different meaning is clear from the context in which it is used. Terms and abbreviations not provided in this article shall have the meanings specified in K.S.A. 65-101 et seq. and amendments thereto; articles 5, 16, 18, and 30; or the clean water act (CWA). If the same word is defined both in Kansas statutes or the regulations of this article and in any federal regulation adopted by reference in these regulations or in state regulations referenced in this article and the definitions are not identical, the definition prescribed in Kansas statutes or the regulations of this article shall control.

(a) "Agronomic application rates" has the meaning specified in K.S.A. 2-3302, and amendments thereto, and is regulated by the secretary of the Kansas department of agriculture.

(b) "Animal unit" has the meaning specified in K.S.A. 65-171d, and amendments thereto.

(c) "Animal unit capacity" has the meaning specified in K.S.A. 65-171d, and amendments thereto.

(d) "Best available technology for swine facilities" has the meaning specified in K.S.A. 65-1,178, and amendments thereto.

(e) "Best management practices for swine facilities" has the meaning specified in K.S.A. 65-1,178, and amendments thereto.

(f) "Certification" means a document issued by the secretary in lieu of a water pollution control permit, indicating that the facility meets applicable animal waste management statutes and regulations and does not represent a significant water pollution potential.

(g) "Change in operation" and "modification" mean any of the following:

(1) Expansion or enlargement of a facility beyond the scope or boundaries established by registration, permit, certification, or approved plans and specifications;

(2) any increase in the animal unit capacity beyond that authorized by a permit or certification; or

(3) a change in construction or operation of a swine facility that affects the collecting, storage, handling, treatment, utilization, or disposal of swine or other process wastes.

(h) "Clean water act" and "CWA" mean the federal water pollution control act, 33 U.S.C. 1251 et seq., as in effect on November 27, 2002.

(i) "Confined feeding facility" has the meaning specified in K.S.A. 65-171d, and amendments thereto.

(j) "Dead swine handling plan" means a written document that identifies the procedures by which the operator of a swine facility shall handle dead swine, to minimize the potential for the generation of nuisance, environmental, or public health threats.

(k) "Department" and "KDHE" mean the Kansas department of health and environment.

(l) "Director" means the director of the division of environment of the Kansas department of health and environment.

(m) "Division" means the division of environment, Kansas department of health and environment.

(n) "Emergency response plan for swine" means a written document that identifies the following procedures to be implemented by the operator of a swine facility if an emergency occurs:

(1) Actions to contain or manage an unauthorized discharge, spill, or release of swine or other process wastes;

(2) notification of the department; and

(3) any actions required to mitigate the adverse effects of an emergency.

(o) "Entity," for the purposes of these regulations, means a person, individual, association, company, corporation, institution, group of individuals, joint venture, partnership, or federal, state, county, or municipal agency or department.

(p) "Environmental protection agency" and "EPA" mean the United States environmental protection agency.

(q) "Equus Beds," for the purposes of these regulations, means an aquifer underlying the sections of land listed in the following table:

County Range Township Section

Harvey 01W 22S 06, 07, 18, 19, 30, 31

Harvey 01W 23S 06, 07, 17, 18, 19, 20,

21, 22, 27, 28, 29, 30,

31, 32, 33, 34

Harvey 01W 24S 03, 04, 05, 06, 07, 08,

09, 10, 15, 16, 17, 18,

19, 20, 21, 22, 27, 28,

29, 30, 31, 32, 33, 34

Harvey 02W 22S All sections

Harvey 02W 23S All sections

Harvey 02W 24S All sections

Harvey 03W 22S All sections

Harvey 03W 23S All sections

Harvey 03W 24S All sections

McPherson 01W 19S 31, 32, 33, 34, 35

McPherson 01W 20S 02, 03, 04, 05, 06, 07,

08, 09, 10, 11, 14, 15,

16, 17, 18, 19, 20, 21,

22, 27, 28, 29, 30, 31,

32, 33

McPherson 01W 21S 05, 06, 07, 18, 19, 30, 31

McPherson 02W 21S 12, 13, 17, 18, 19, 20,

21, 22, 23, 24, 25, 26,

27, 28, 29, 30, 31, 32,

33, 34, 35, 36

McPherson 03W 18S 28, 29, 30, 31, 32, 33

McPherson 03W 19S 04, 05, 06, 07, 08, 09,

15, 16, 17, 18, 19, 20,

21, 22, 27, 28, 29, 30,

31, 32, 33, 34

McPherson 03W 20S 03, 04, 05, 06, 07, 08,

09, 10, 15, 16, 17, 18,

19, 20, 21, 22, 27, 28,

29, 30, 31, 32, 33, 34, 35

McPherson 03W 21S 02, 03, 04, 05, 06, 07,

08, 09, 10, 11, 13, 14,

15, 16, 17, 18, 19, 20,

21, 22, 23, 24, 25, 26,

27, 28, 29, 30, 31, 32,

33, 34, 35, 36

McPherson 04W 18S 20, 21, 25, 26, 27, 28,

29, 32, 33, 34, 35, 36

McPherson 04W 19S 01, 02, 03, 04, 09, 10,

11, 12, 13, 14, 15, 22,

23, 24, 25, 26, 27, 34,

35, 36

McPherson 04W 20S 01, 02, 03, 10, 11, 12,

13, 14, 15, 16, 21, 22,

23, 24, 25, 26, 27, 28,

33, 34, 35, 36

McPherson 04W 21S 01,02, 03, 10, 11, 12, 13,

14, 15, 22, 23, 24, 25,

26, 27, 34, 35, 36

Reno 04W 22S All sections

Reno 04W 23S All sections

Reno 04W 24S All sections

Reno 04W 25S All sections

Reno 04W 26S All sections

Reno 05W 22S All sections

Reno 05W 23S All sections

Reno 05W 24S All sections

Reno 05W 25S All sections

Reno 05W 26S All sections

Reno 06W 22S All sections

Reno 06W 23S All sections

Reno 06W 24S All sections

Reno 06W 25S All sections

Reno 06W 26S All sections

Reno 07W 22S All sections

Reno 07W 23S All sections

Reno 07W 24S All sections

Reno 07W 25S All sections

Reno 07W 26S All sections

Sedgwick 01E 26S 06, 07, 08, 17, 18, 19, 20

Sedgwick 01W 25S 03, 04, 05, 06, 07, 08,

09, 10, 15, 16, 17, 18,

19, 20, 21, 22, 25, 26,

27, 28, 29, 30, 31, 32,

33, 34, 35, 36

Sedgwick 01W 26S 01, 02, 03, 04, 05, 06,

07, 08, 09, 10, 11, 12,

13, 14, 15, 16, 17, 18,

19, 20, 21, 22, 23, 24,

27, 28, 29, 30, 31, 32

Sedgwick 01W 27S 05, 06

Sedgwick 02W 25S All sections

Sedgwick 02W 26S 01, 02, 03, 04, 05, 06,

07, 08, 09, 10, 11, 12,

13, 14, 15, 16, 17, 18,

19, 20, 21, 22, 23, 24,

25, 26, 27, 34, 35, 36

Sedgwick 02W 27S 01

Sedgwick 03W 25S 01, 02, 03, 04, 05, 06,

07, 08, 09, 10, 11, 12,

13, 14, 15, 16, 17, 18,

20, 21, 22, 23, 24, 25,

26, 27, 28, 29, 33, 34,

35, 36

Sedgwick 03W 26S 01, 02, 03, 04, 11, 12

(r) "Existing swine facility" has the meaning specified in K.S.A. 65-1,178, and amendments thereto.

(s) "Federal permit," "national pollutant discharge elimination system permit," and "NPDES permit" mean an authorization, license, or equivalent control document issued by the EPA or an approved state to implement the requirements of 40 C.F.R. Parts 122, 123, 124, and 412.

(t) "Food animals" means swine produced for consumption.

(u) "Fur animals" means swine raised for the skin, pelt, or hair.

(v) "Groundwater," as used in this article, means water located under the surface of the land that is or can be the source of supply for wells, springs, seeps, or streams, or that is held in aquifers. For the purposes of this article, groundwater shall be considered capable of being a source of supply for wells if at least one of the following conditions is met:

(1) The groundwater can be produced at a rate of 10 gallons or more per hour from a borehole with a diameter of nine or fewer inches. In determining the groundwater production rate for an excavation, borehole, or existing water or monitoring well, the quantity of produced water shall be adjusted for comparison purposes to the surface area of a borehole with a diameter of nine inches.

(2) The groundwater is currently being used within 12 mile of the proposed lagoon, regardless of the rate at which water can be produced.

(3) There is evidence of past groundwater use within 12 mile of the proposed lagoon.

(w) "Habitable structure" has the meaning specified in K.S.A. 65-171d, and amendments thereto.

(x) "Impermeable synthetic membrane liner" means a commercially manufactured membrane liner composed of synthetic materials commonly identified as being plastic, plastic polymer, or other synthetic materials that, when installed, provide for the more stringent of either of the following:

(1) A maximum monitored or calculated seepage rate of 1/64 inch per day; or

(2) the liner manufacturer's criteria for the maximum monitored or calculated seepage rate for the installed membrane liner, expressed in units of volume per unit area per unit of time (gallons per square foot per day).

(y) "Land application" means the distribution of swine or other process wastes onto, or incorporation into, the soil mantle for the purpose of disposal or utilization by crops or vegetation.

(z) "Liner" means any designed barrier in the form of in situ, layer, membrane, or blanket materials utilized or installed to reduce the potential for a significant hydrologic connection between swine or other process wastes that are controlled or retained by swine waste management systems and waters of the state.

(aa) "Manure management plan for swine" means a written document that identifies the procedures by which the operator of a swine facility shall operate, manage, and maintain a swine waste management system. This plan shall describe the methods for the handling and either disposal or utilization of all swine or other process wastes generated by the swine facility.

(bb) "Maximum soil liner seepage rate" and "specific discharge" mean the flow rate of water through the liner of a swine waste-retention lagoon or pond and shall be expressed as velocity (distance/time). The maximum seepage rate shall be calculated as v = k(h/d), in which "k" is the hydraulic conductivity (coefficient of permeability) and "(h/d)" is the hydraulic gradient. The hydraulic gradient is the maximum vertical distance "h" measured from the liquid surface to the liner bottom divided by the thickness of the soil liner "d." When calculating the maximum seepage rate, the maximum design depth, not considering design freeboard, shall be used.

(cc) "Minimum standards of design, construction, and maintenance" means the following:

(1) Effluent standards and limitations;

(2) other performance standards for treatment or utilization; and

(3) other standards of design, construction, and maintenance for confined feeding facilities or swine pollution control systems published by KDHE.

(dd) "Monitoring" means all procedures using any of the following methods:

(1) Either systematic inspection or collection and analysis of data on the operational parameters of a swine facility or swine pollution control system; or

(2) the systematic collection and analysis of data on the quality of the swine or other process wastes, groundwater, surface water, or soils on or in the vicinity of the swine facility or swine pollution control system.

(ee) "National pollutant discharge elimination system" and "NPDES" mean the national system for the issuance of permits under 33 U.S.C. section 1342, and shall include any state or interstate program that has been approved by the EPA administrator, in whole or in part, pursuant to 33 U.S.C. section 1342.

(ff) "Nutrient management plan" means a written document that identifies the practices and procedures that the operator of a swine facility that is required to obtain a federal permit plans to use to operate and maintain the swine waste management and pollution control system and to manage the handling, storage, utilization, and disposal of wastes generated by the swine facility.

(gg) "Nutrient utilization plan for swine" means a written document, on a form prescribed by the secretary of the Kansas department of agriculture, addressing sitespecific conditions for the land application of manure, wastewater, and other nutrient sources from swine facilities, at agronomic application rates.

(hh) "Odor control plan for swine" means a written document for swine facilities that describes site-specific and facility-specific design considerations, operational activities and procedures, maintenance activities and procedures, and management practices to be employed to minimize the potential for or limit odors from a swine facility, swine waste management, or swine pollution control system.

(ii) "Oil or gas well" shall have the meaning assigned to the term "well" in K.S.A. 55-150, and amendments thereto.

(jj) "Pleasure animals," as used in this article, means swine that are not produced for consumption or their skin, pelts, or hair.

(kk) "Point source" has the meaning specified in K.A.R. 28-16-28b.

(ll) "Pollution" has the meaning specified in K.S.A. 65-171d, and amendments thereto.

(mm) "Precipitation runoff" means the rainwater or the meltwater that is derived from snow, hail, sleet, or other forms of atmospheric precipitation and that flows by gravity over the surface of the land.

(nn)

(1) "Process wastes" means any of the following:

(A) Excrement from swine, wastewater, or swine carcasses;

(B) precipitation that comes into contact with any manure, litter, bedding, or other material used in or resulting from the production of swine;

(C) spillage or overflow from watering systems;

(D) wastes from washing, cleaning, or flushing pens, barns, manure pits, equipment, trucks, trailers, or other associated swine facilities;

(E) wastes from washing swine or spraying swine for cooling;

(F) wastes from dust control;

(G) boiler blowdown and water softener regenerate wastes;

(H) precipitation runoff from confinement, loading, and unloading areas;

(I) spillage of feed, swine wastes, or any other process wastes described in this regulation;

(J) discharges from land application fields that occur during application;

(K) precipitation runoff from land application fields, if liquid or concentrated liquid wastes are applied during frozen, snow-covered, or saturated soil conditions without approval by the department;

(L) raw, intermediate, or finished materials associated with wastes or contaminated storm water runoff from swine waste or dead swine composting operations; or

(M) flows or runoff from waste storage areas.

(2) Process wastes shall not include swine wastes spilled by trucks transporting livestock on city, township, county, state, or federal streets, roads, or highways.

(oo) "Public livestock market" has the meaning specified in K.S.A. 47-1001, and amendments thereto. For the purposes of these regulations, this term shall include public livestock markets where federal veterinary inspections are regularly conducted.

(pp) "Registration" means any required fee and the properly completed and executed documents designated by the division and any additional required documents or information necessary for determining the need for a water pollution control permit.

(qq) "Salt solution mining well" has the meaning specified in K.S.A. 55-1,120, and amendments thereto.

(rr) "Secretary" means the secretary of the Kansas department of health and environment.

(ss)

(1) "Sensitive groundwater areas," for the purpose of these regulations, means aquifers generally comprised of alluvial aquifers, the area within the boundaries of the Equus Beds groundwater management district no. 2 (GMD #2), and the dune sand area located south of the great bend of the Arkansas River. Each sensitive groundwater area shall be any section of land listed in "Kansas sensitive groundwater areas for wastewater lagoons," prepared by KDHE and dated January 1, 2005, which is adopted by reference in K.A.R. 28-16-160.

(2) Any operator proposing a new swine waste-retention lagoon or pond or expansion of an existing swine waste-retention lagoon or pond may request that the director make a site-specific sensitive groundwater area determination. The request shall be made in writing to the director. The request shall contain supporting data and information and an explanation of why the area in question should not be considered to be a sensitive groundwater area, for the purpose of these regulations.

(tt) "Sewage" has the meaning specified in K.S.A. 65-164, and amendments thereto.

(uu) "Significant water pollution potential" means any of the following, as determined by the secretary:

(1) A swine feeding operation that utilizes structures designed and constructed to collect, control the flow of, and direct swine or other process wastes, tanks, manure pits, or other structures designed and constructed to collect or store swine or other process wastes, waste-retention lagoons or ponds, waste treatment facility or facilities, or a swine waste management system;

(2) lots, pens, or concentrated feeding areas with creeks, streams, intermittent waterways, or any other conveying channel or device that has the potential to carry pollutants to waters of the state running through or proximate to the lots, pens, or concentrated feeding areas;

(3) any operation that cannot retain or control swine or other process wastes on the operator's facility or property, or adjacent property without the owner's permission; or

(4) a swine feeding operation determined to practice improper collection, handling, or disposal of swine or other process wastes that have the potential to degrade or impair the quality of any waters of the state.

(vv) "Surface waters," for water quality purposes, has the meaning specified in K.A.R. 28-16-28b.

(ww) "Suspend" and "suspension," as used in this article, mean, respectively, to abrograte temporarily and the temporary abrogation of a water pollution control permit or certification issued to a swine facility.

(xx) "Swine facility" has the meaning specified in K.S.A. 65-1,178, and amendments thereto.

(yy) "Swine facility closure plan" means a written document that identifies the practices and procedures that the operator of a swine facility is required to follow when closing the facility to protect public health and safety and the environment, and to prevent the escape of swine or other process wastes from the facility.

(zz) "Swine operator" means an individual, association, company, corporation, municipality, group of individuals, joint venture, partnership, a state or federal agency or department, or any business owning, leasing, or having charge or control of one or more swine facilities.

(aaa) "Swine pollution control system" means any land, structures, or practices utilized for the collection, containment, storage, distribution, land application, or disposal of swine or other process wastes generated by swine facility operations. This term shall include any of the following:

(1) Site grading to divert extraneous, uncontaminated precipitation runoff around the swine facility;

(2) structures designed and constructed to collect, control the flow of, and direct swine or other process wastes;

(3) vegetation cover utilized for controlling erosion or for filtering swine or other process wastes;

(4) tanks, manure pits, or other structures designed and constructed to collect or store swine or other process wastes;

(5) waste-retention lagoons or ponds;

(6) land used for the application, utilization, or disposal of swine or other process wastes; and

(7) waste treatment facilities.

(bbb) "Swine waste management system" is as defined in K.S.A. 65-1,178, and amendments thereto.

(ccc) "Swine waste-retention lagoon or pond" has the meaning specified in K.S.A. 65-1,178, and amendments thereto.

(ddd) "Variance" means the secretary's written approval or permit authorizing a proposed action that knowingly results in a lack of conformity with one or more provisions of these regulations or the minimum standards of design, construction, and maintenance. Each variance authorized by secretary shall be deemed to protect public health and the environment and to comply with the intent of these regulations and with federal NPDES permit requirements.

(eee) "Waste management plan" means a written document that identifies the practices and procedures that the operator of a swine facility not required to obtain a federal permit plans to use to operate and maintain the swine waste management and pollution control system and to manage the handling, storage, utilization, and disposal of wastes generated by the swine facility.

(fff) "Waste-retention lagoon or pond" means excavated or diked structures, or natural depressions provided for or used for the purpose of containing or detaining swine or other process wastes. Discharges from waste-retention lagoons or ponds shall not be allowed, except as authorized by a water pollution control permit.

(ggg) "Waste treatment facilities" means structures or devices that collect, store, stabilize, treat, or otherwise control pollutants, so that after the discharge, disposal, or land application of treated wastes, water pollution will not occur, and public health and the waters of the state will be protected.

(hhh) "Water pollution control permit" and "permit" mean an authorization, license, or equivalent control document issued by the secretary. This term shall not include any document that has not yet been the subject of final action by the secretary.

(iii) "Water quality standards" means the Kansas surface water quality standards as specified in K.A.R. 28-16-28b through K.A.R. 28-16-28g.

(jjj) "Water well" has the meaning specified in K.S.A. 82a-1203, and amendments thereto.

(kkk) "Waters of the state" has the meaning specified in K.S.A. 65-161, and amendments thereto.

(lll) "Whole pond seepage test" means a measurement of the evaporation from, and the change in water level of the waste-retention lagoon, pond, or structure, or swine waste-retention lagoon, pond, or structure using either of the following:

(1) Any method that meets the requirements specified in "standards for measuring seepage from anaerobic lagoons and manure storages," which is adopted by reference in K.A.R. 28-18-1; or

(2) any equivalent method approved by the secretary.

(mmm) "Wildlife refuge" has the meaning specified in K.S.A. 65-171d, and amendments thereto.

Kan. Admin. Regs. § 28-18a-1

Authorized by K.S.A. 2005 Supp. 65-171d; implementing K.S.A. 65-164, 65-165, 65-166, K.S.A. 2005 Supp. 65-166a, K.S.A. 65-171a, K.S.A. 2005 Supp. 65-171d, K.S.A. 65-171h, 65-1,178, 65-1,179, 65-1,181, 65-1,182, 65-1,183, 65-1,184, 65-1,187, 65-1,189, 65-1,190 and 65-1,188; effective Jan. 15, 1999; amended March 16, 2007.