Kan. Admin. Regs. § 28-18a-22

Current through Register Vol. 43, No. 41, October 10, 2024

Section 28-18a-22 - Swine facility closure requirements

(a) Each swine operator of a swine facility permitted by the department shall notify the department of any plans to cease operation of, close, or abandon the swine facility.

(b) Each swine operator shall maintain and comply with a valid water pollution control permit for the swine facility until closure of the swine facility is complete and all materials representing a threat to public health and the environment are removed.

(c)

(1) Each permit applicant for each proposed new swine facility or new swine waste-retention lagoon or pond, proposed expansion of an existing swine facility, or proposed expansion of an existing swine waste-retention lagoon or pond shall develop and implement a swine facility closure plan or swine waste-retention lagoon or pond closure plan if either of the following conditions is met:

(A)

(i) The new swine facility or expanded swine facility is proposed to have an animal unit capacity of 1,000 or more; and

(ii) the swine facility is proposed to be located over the Equus Beds; or

(B) The new swine facility, existing swine facility, or proposed expanded swine facility will have an animal unit capacity of 3,725 or more.

(2) Each swine operator of any existing swine facility or swine waste-retention lagoon or pond without a current swine facility or swine waste-retention lagoon or pond closure plan shall develop and implement a closure plan for the swine facility or swine waste-retention lagoon or pond if both of the following conditions are met:

(A) The existing swine facility has an animal unit capacity of 1,000 or more.

(B) The existing swine facility is located over the Equus Beds.

The swine facility or swine waste-retention lagoon or pond closure plan shall be developed and submitted to the department with the next application for permit renewal or modification for the existing swine facility.

(d) When submitting a swine facility or swine wasteretention lagoon or pond closure plan to the department, each swine operator shall submit at least four copies of the plan.

(e) A swine facility or swine waste-retention lagoon or pond closure plan shall include, at a minimum, the following:

(1) A description of all swine waste management and swine pollution control system components utilized to contain, control, or store swine or other process wastes at the swine facility;

(2) a description of the procedures to be employed to remove and dispose of swine or other process wastes;

(3) a description of the maintenance, deactivation, conversion, or demolition of all swine waste-retention lagoons or ponds at the swine facility pursuant to K.S.A. 65-1,190, and amendments thereto, or the closure of any swine waste-retention lagoon or pond by one of the following methods:

(A) Removing the berms, and leveling and revegetating the site to provide erosion control;

(B) leaving the structure or structures in place for use as a freshwater farm pond or reservoir;

(C) retaining the structure or structures for future use as a part of a swine waste management or pollution control system; or

(D) using any other method approved by the secretary; and

(4) a description of, and detailed drawings for, the plugging of any water or groundwater monitoring wells at the swine facility.

(f) Each swine operator of a swine facility required to have a swine facility closure plan and a swine waste-retention lagoon or pond closure plan shall amend each plan and submit the amended plans to the department for approval whenever specifically directed by the secretary or whenever warranted by one or more of the following:

(1) Any significant changes in operation of the swine facility;

(2) any significant change or modification in the swine waste management or swine pollution control systems; or

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

(g) Each operator of a swine facility that is required to develop a swine facility or swine waste-retention lagoon or pond closure plan shall retain the current plan at the site office of the facility or at a central records location, in a manner that is accessible to inspection by representatives of the department.

(h) The closure of a swine facility or swine waste-retention lagoon or pond shall be completed within six months of notification to the department of the proposed closure of the facility or termination of operations.

(i) Each swine operator seeking an extension of time for closure shall submit a written request to the secretary. The request shall detail the reasons for the extension. Only weather conditions or the legal change in ownership of the swine facility shall be grounds for the secretary to consider granting an extension.

(j) If the operator of a swine facility is unwilling or unable to properly close the swine facility, the owner of swine at the swine facility and the property owner shall be responsible for closing the swine facility in accordance with these regulations and in a manner that protects the waters of the state, public health, and the environment.

Kan. Admin. Regs. § 28-18a-22

Authorized by K.S.A. 2005 Supp. 65-171d; implementing K.S.A. 65-164, 65-165, 65-166, K.S.A. 2005 Supp. 65-171d, K.S.A. 65-1,189 and 65-1,190; effective Jan. 15, 1999; amended March 16, 2007.