Kan. Admin. Regs. § 28-18a-16

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

Section 28-18a-16 - Emergency response plan for swine

(a) An emergency response plan shall be developed and implemented for each proposed new swine facility, proposed expansion for 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. 8, and amendments thereto [K.S.A. 1998 Supp. 65-1,184, and amendments thereto]. When submitting emergency response plans to the department for approval, each swine operator shall submit at least four copies of the plan.

(b) The emergency response plan for swine shall include, at a minimum, the following information:

(1) A description of potential sources, activities, and materials that may reasonably be expected to or could potentially result in pollution from an unauthorized discharge, spill, or release of swine or other wastes from the swine facility;

(2) a map, indicating an outline of the potential discharge area of the facility and existing structural control measures designed to contain or control any unauthorized discharge, spill, or release of swine or other process wastes from the swine facility;

(3) a spill contingency plan for swine or other process wastes;

(4) procedures for notification of the department;

(5) procedures to mitigate any adverse impacts of the emergency event; and

(6) training requirements for employees or contractors.

(c) Each swine facility required to develop and implement an emergency response 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 animal or swine waste management system; or

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

(d) The swine operator shall provide for and keep current the training of employees and contractors who are responsible for implementing the plan.

(e) The emergency response 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 for the plan and any associated records, data, or other information.

(f) A copy of the emergency response plan shall be maintained at the facility, in a location readily accessible to all employees or contractors responsible for implementing the plan.

Kan. Admin. Regs. § 28-18a-16

Authorized by K.S.A. 1997 Supp. 65-171d, as amended by L. 1998, ch. 143, sec. 1, and L. 1998, ch. 143, sec. 8 [K.S.A. 1998 Supp. 65-1,184 ]; 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. 8 and 14 [K.S.A. 1998 Supp. 65-1,184 and 65-1,191 ]; effective Jan. 15, 1999.