Kan. Admin. Regs. § 28-18a-8
Current through Register Vol. 43, No. 25, June 20, 2024
Section 28-18a-8 - Permit; terms and conditions(a) The terms and conditions of all permits shall be consistent with the requirements of K.A.R. 28-16-62, as appropriate. (b)(1) Swine waste management and pollution control systems shall be designed, constructed, operated, and maintained in a manner that prevents pollution of waters of the state. (2) Each operator of a swine waste management and pollution control system for a swine facility with an animal unit capacity of 1,000 or more shall ensure that the swine waste management and pollution control system is designed, constructed, operated, and maintained to prevent the discharge of swine or other process wastes to surface waters of the state. Any operator of a swine waste management and pollution control system may discharge the following to surface waters of the state, whenever precipitation events, either chronic or catastrophic, cause an overflow from a swine waste management or pollution control system designed, constructed, operated, and maintained to contain all swine and other process wastes: (A) Swine or other process wastes; and (B) the direct precipitation and the runoff from a 25-year, 24-hour precipitation event for the location of the swine facility. (3)(A) Except as provided in paragraph (b)(3)(B), each swine waste management and pollution control system for any swine facility with an animal unit capacity of 999 or less shall be designed, constructed, operated, and maintained to prevent the discharge of swine or other process wastes to surface waters of the state as required in paragraph (b)(2). (B) Any operator of a swine waste management and pollution control system for a swine facility with an animal unit capacity of 999 or less may discharge swine waste or other process wastes to surface waters of the state, consistent with the requirements of K.A.R. 28-16-28b through K.A.R. 28-16-28g, K.A.R. 28-16-57a, and K.A.R. 28-16-62, as appropriate, when specifically authorized by a permit. (c) For each emergency or accidental discharge, overflow, or unplanned release of swine or other process wastes, each swine operator shall report the incident to the department within two hours of discovery. Each operator shall report any emergency, spill, accidental discharge, overflow, or unplanned release associated with swine or other process wastes to the director, using the telephone numbers provided by the department. Each operator shall submit a written report to the department within three days of the incident. (d) Each swine operator shall retain a copy of the current permit issued by the secretary at the site office for the facility or at a central records location. (e) Each swine operator shall be responsible for advising the secretary within 60 days of any changes in mailing address or telephone number regarding the facility or designated facility contact. (f) Each swine operator shall operate the facility in a manner to minimize or prevent any discharge that is in violation of the permit or that has a potential to adversely affect human health or the environment. (g) Each swine operator shall, at all times, properly operate and maintain the swine waste management and pollution control system and any related appurtenances that are installed or utilized by the swine operator to achieve compliance with the conditions of the permit. (h) Each operator of a swine facility with an animal unit capacity of 1,000 or more shall notify the department whenever the swine operator does not own all the swine at the swine facility, pursuant to K.S.A. 65-1,181, and amendments thereto. (i) Each operator of a swine facility with an animal unit capacity of 1,000 or more shall notify the department before the operator sells or gives manure or wastewater to a person that is not employed by the swine facility and whenever disposal is by means other than land application on areas covered by the approved nutrient utilization plan for the swine facility. When the approved manure management plan for the swine facility addresses the requirements in K.S.A. 65-1,181 and amendments thereto, notification to the department shall not be required. (j) Each operator of a swine facility with an animal unit capacity of 1,000 or more who land applies manure or wastewater shall comply with the nutrient utilization plan approved by the Kansas department of agriculture, pursuant to K.S.A. 65-1,182, and amendments thereto. (k) Each operator of a swine facility with an animal unit capacity of 1,000 or more who land applies manure or wastewater and is required to develop and to implement a nutrient utilization plan, as prescribed by the secretary of the Kansas department of agriculture, shall file the plan and any amendments to the plan with KDHE. (l) Each operator of a swine facility required to develop a swine facility closure plan or a swine waste-retention lagoon or pond closure plan, or both, shall comply with each plan, as approved by the secretary. The operator shall amend each plan whenever warranted by changes in the facility or in other conditions affecting the facility, pursuant to K.S.A. 65-1,189, and amendments thereto. (m) Each swine facility that is required to be permitted by the department and that has an animal unit capacity of 1,000 or more shall be staffed by a department-certified operator or an operator in training. Kan. Admin. Regs. § 28-18a-8
Authorized by K.S.A. 2005 Supp. 65-171d, K.S.A. 65-1,181, 65-1,183, and 65-1,184; implementing K.S.A. 65-164, 65-165, 65-166, K.S.A. 2005 Supp. 65-166a, K.S.A. 2005 Supp. 65-171d, K.S.A. 65-171h, K.S.A. 65-1,181, 65-1,182, 65-1,183, 65-1,184, 65-1,185; effective Jan. 15, 1999; amended March 16, 2007.