Kan. Admin. Regs. § 28-18a-13

Current through Register Vol. 43, No. 24, June 13, 2024

Section 28-18a-13 - Manure management plan for swine

(a) A manure management plan shall be developed and implemented for any proposed new swine facility, proposed expansion of an existing swine facility, or existing swine facility with an animal unit capacity of 1,000 or more, pursuant to L. 1998, ch. 143, sec. 5, and amendments thereto [K.S.A. 1998 Supp. 65-1,181 and amendments thereto]. When submitting manure management plans to the department for approval, each swine operator shall submit at least four copies of the plan.

(b) The manure management plan shall describe the methods for, and shall account for, the disposal of all swine or other process wastes generated by the swine facility. The plan shall include a description of the following:

(1) The source or sources and volume of swine or other process wastes generated by the swine facility;

(2) the method for collecting the swine or other process wastes by the swine facility;

(3) the manner in which the swine or other process wastes shall be directed to any treatment or storage system;

(4) a description of each treatment system utilized;

(5) a description of each storage system utilized;

(6) the location of any sites, including the legal description, where land application of swine or other process wastes will take place;

(7) the method of ultimate disposal or utilization of the swine or other process wastes; and

(8) the procedures to be employed and the information to be retained and provided, pursuant to L. 1998, ch. 143, sec. 5, and amendments thereto [K.S.A. 1998 Supp. 65-1,181, and amendments thereto], if swine or other process waste is to be sold or given to a person not employed by the facility and is to be disposed of by means other than land application on areas covered by the facility nutrient utilization plan.

(c) Each swine facility required to develop and implement a manure management plan shall amend the plan and submit the plan to the department for approval whenever specifically directed by the department or whenever warranted by one or more of the following:

(1) Changes in operation of the swine facility;

(2) a change or modification in the swine waste management or pollution control system; or

(3) other conditions affecting the swine facility, waste management system, or pollution control system.

(d) Whenever the operator of a swine facility required to develop a manure management plan does not own all the swine at the facility, the operator shall provide, as a part of the manure management plan, a copy of the executed contract with the owner of the swine that specifies responsibility for management of the swine or other process wastes, pursuant to L. 1998, ch. 143, sec. 5, and amendments thereto [K.S.A. 1998 Supp. 65-1,181 and amendments thereto].

(e) The manure management plan and any associated records, data, or other information shall be retained at the facility's site office, in a manner that is accessible to inspection by representatives of the department. The operator shall retain, at the facility's site office, the current and previous three years' versions of the plan and any associated records, data, or other information.

Kan. Admin. Regs. § 28-18a-13

Authorized by K.S.A. 1997 Supp. 65-171d, as amended by L. 1998, ch. 143, sec. 1; implementing K.S.A. 1997 Supp. 65-164, K.S.A. 1997 Supp. 65-165, as amended by L. 1998, ch. 62, sec. 1, K.S.A. 65-166, K.S.A. 1997 Supp. 65-166a, K.S.A. 1997 Supp. 65-171d, as amended by L. 1998, ch. 143, sec. 1, K.S.A. 65-171h, and L. 1998, ch. 143, secs. 5 and 14 [K.S.A. 1998 Supp. 65-1,181 and 65-1,191 ]; effective Jan. 15, 1999.