Kan. Admin. Regs. § 28-18a-3

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

Section 28-18a-3 - Separation distance requirements

(a) Separation distances between confined feeding facilities and any habitable structure, wildlife refuge, or city, county, state or federal park shall conform to the provisions and requirements of K.S.A. 1997 Supp. 65-171d, as amended by L. 1998, ch. 143, secs. 1, 15, and 18 and amendments thereto [K.S.A. 1998 Supp. 65-1,192 and 65-1,194 and amendments thereto].

(b) The swine operator shall provide to the department any information required to ascertain the distance to the nearest habitable structure or determine which habitable structure is the nearest to the proposed or existing confined feeding facility.

(c) The construction of a new swine facility or expansion of an existing swine facility shall comply with the separation distance requirements related to the 100-year floodplain, surface water bodies, private drinking water wells in active use, and publicly owned drinking water wells in active use, pursuant to L. 1998, ch. 143, secs. 4 and 18, and amendments thereto [K.S.A. 1998 Supp. 65-1,180 and 65-1,194, and amendments thereto]. The reference to any freshwater reservoir or pond pursuant to L. 1998, ch. 143, sec. 2, and amendments thereto [K.S.A. 1998 Supp. 65-1,178, and amendments thereto], shall refer only to a freshwater reservoir or pond for which a swine operator has charge or control.

(d) Each swine facility required to have a nutrient utilization plan shall comply with the separation distance requirements related to the sites utilized for the land application of swine or other process wastes, and the presence of any habitable structure, wildlife refuge, or city, county, state or federal park, pursuant to L. 1998, ch. 143, secs. 6, 15 and 18, and amendments thereto [K.S.A. 1998 Supp. 65-1,182, 65-1,192, and 65-1,194, and amendments thereto].

(e) When the animal unit capacity of a confined feeding facility is comprised of swine, in addition to other animals or fowl, the swine-specific separation distance requirements related to any habitable structure, wildlife refuge, or city, county, state or federal park shall be applied only to the animal unit capacity of the swine facility operation.

Kan. Admin. Regs. § 28-18a-3

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. 4, 6, 15, and 18 [K.S.A. 1998 Supp. 65-1,180, 65-1,182, 65-1,192, and 65-1,194] ; effective Jan. 15, 1999.