Kan. Admin. Regs. § 28-18a-2

Current through Register Vol. 43, No. 49, December 5, 2024

Section 28-18a-2 - Registration and application requirements

(a) Each entity proposing the construction, modification, or expansion of an unregistered swine facility, public livestock market, collection center, or transfer station, and each swine operator of an existing unregistered swine facility, public livestock market, collection center, or transfer station shall submit a registration form for the facility to the secretary, if any of the following conditions is met:

(1) The proposed or existing unregistered facility has an animal unit capacity of 300 or more animal units.

(2) The proposed or existing unregistered facility presents a significant water pollution potential as defined in K.A.R. 28-18a-1.

(3) The entity or swine operator is required by statute to obtain a permit for the facility.

(4) The entity or swine operator elects to register the facility in order to obtain a permit or certification, even though there is no requirement to obtain a permit or certification.

(b) Each registration form that any entity or swine operator submits to the secretary shall be accompanied by the required $25 fee.

(c) Each entity proposing the construction, modification, or expansion of a swine facility, public livestock market, collection center, transfer station, or truck-washing facility for animal wastes and each swine operator of an unpermitted swine facility, public livestock market, collection center, transfer station, or truck-washing facility for animal wastes shall submit a permit application for the facility to the secretary if any of the following conditions is met:

(1) The proposed or existing unpermitted facility presents a significant water pollution potential as defined in K.A.R. 28-18a-1.

(2) The entity or swine operator is required by statute to obtain a permit.

(3) The entity or swine operator proposing the construction, modification, or expansion of the facility or the swine operator of a facility that is not required to obtain a permit elects to obtain a permit.

(d) Each application that any entity or swine operator submits to the secretary shall be accompanied by the permit fee required pursuant to K.A.R. 28-16-56d.

(e) Each entity or swine operator proposing the construction, modification, or expansion of a swine facility and each swine operator of an unpermitted swine facility that is required by statute or regulation to obtain a federal permit shall apply to the secretary for a federal permit.

(f)

(1) Each swine operator or entity proposing either the construction, modification, or expansion of a swine facility, swine waste management system, or swine pollution control system that is required to submit a registration form or apply for a permit shall not initiate construction until the swine operator or entity has obtained either of the following:

(A) The secretary's written approval of the application, construction plans, specifications, and waste management plan, for each facility or system that the entity or swine operator proposes to be constructed, modified, or expanded; or

(B) a certification, issued by the secretary, for each facility or system that the entity or swine operator proposes to be constructed, modified, or expanded.

(2) Each swine operator or entity that is proposing the construction, modification, or expansion of a swine facility, swine waste management system, or swine pollution control system required to have a permit and that undertakes the construction, modification, or expansion before the issuance of a new or modified permit by the secretary shall be deemed to be undertaking the construction solely at the risk of the swine operator or entity.

(3) Before each swine operator or entity proposing the construction, modification, or expansion of a swine facility, swine waste management system, swine pollution control system, public livestock market, collection center, transfer station, or truck-washing facility for animal wastes that is required to have a permit or certification begins the operation of the new, modified, or expanded portion of a swine facility, swine waste management system, swine pollution control system, public livestock market, collection center, transfer station, or truck-washing facility for animal wastes, the swine operator or entity shall obtain a new or modified permit or certification issued by the secretary.

(4) Before each swine operator or entity proposing the construction, modification, or expansion of a swine facility, swine waste management system, swine pollution control system, public livestock market, collection center, transfer station, or truck-washing facility for animal wastes that is required to have a permit or certification begins the stocking of a new, modified, or expanded portion of swine facility, swine waste management system, swine pollution control system, public livestock market, collection center, transfer station, or truck-washing facility for animal wastes at levels above the capacity authorized in the current permit or certification, the swine operator or entity shall obtain a new or modified permit or certification issued by the secretary.

Kan. Admin. Regs. § 28-18a-2

Authorized by K.S.A. 2003 Supp. 65-171d; implementing K.S.A. 65-164, 65-165, 65-166, K.S.A. 2003 Supp. 65-166a, K.S.A. 2003 Supp. 65-171d, and K.S.A. 65-1,179; effective Jan. 15, 1999; amended March 16, 2007.