reglab/housing_qa huggingface dataset:
KS Stat § 65-1,193 (2021)
2021 Kansas Statutes|Chapter 65 - Public Health|Article 1 - Secretary Of Health And Environment, Activities|65-1,193 Denial, suspension or revocation of permit; penalties for certain violations.

65-1,193. Denial, suspension or revocation of permit; penalties for certain violations. (a) The secretary may deny an application for any permit, whether new or a renewal, for a swine facility and, upon notice and opportunity for hearing in accordance with the Kansas administrative procedure act, may suspend or revoke any permit for a swine facility, if the secretary finds that the applicant, or any officer, director, partner or resident manager of the applicant has:(1) Intentionally misrepresented a material fact in applying for any permit;(2) habitually or intentionally violated environmental laws of this or any other state or of the United States and the violations have caused significant and material environmental damage; or(3) had any permit revoked under the environmental laws of this or any other state or of the United States.(b) Failure of the operator of a swine confined feeding facility to implement any required manure management, emergency response, odor control, facility closure or dead swine handling plan:(1) May render the operator liable for a civil penalty pursuant to K.S.A. 65-170d and amendments thereto; and(2) upon notice and opportunity for hearing in accordance with the Kansas administrative procedure act, shall be grounds for the secretary to suspend the permit for such facility.History: L. 1998, ch. 143, § 16; May 7.
KS Stat § 65-1,194 (2021)
2021 Kansas Statutes|Chapter 65 - Public Health|Article 1 - Secretary Of Health And Environment, Activities|65-1,194 Application of certain standards to certain large facilities.

65-1,194. Application of certain standards to certain large facilities. A qualified swine facility, as defined by K.S.A. 79-32,204, that expands to an animal unit capacity of 3,725 or more shall be subject to the provisions of this act applicable to a swine facility having an animal unit capacity of 1,000 to 3,724 if:(a) The department determines that the swine waste management system of such facility on the effective date of this act has the capacity to accommodate the expanded capacity;(b) the expansion is located within the perimeter from which separation distances are determined pursuant to subsection (k) of K.S.A. 65-171d and amendments thereto or the written agreements required by subsection (i)(1) of K.S.A. 65-171d and amendments thereto are obtained; and(c) the expansion does not exceed the lesser of:(1) An animal unit capacity that is 1/3 greater than the capacity of such facility on the effective date of this act; or(2) an animal unit capacity of 4,499.History: L. 1998, ch. 143, § 18; May 7.
KS Stat § 65-1,195 (2021)
2021 Kansas Statutes|Chapter 65 - Public Health|Article 1 - Secretary Of Health And Environment, Activities|65-1,195 Kansas state university; duties.

65-1,195. Kansas state university; duties. (a) Kansas state university shall cooperate with the department, other agencies and owners and operators of swine facilities to determine best available technology and best management practices.(b) Within the limitations of appropriations therefor and for the purpose of identifying potential risk of groundwater contamination by swine waste retention lagoons or ponds or land application of swine waste, Kansas state university, as a part of its current evaluation of lagoons and ponds for containment of animal waste, shall conduct nutrient management testing of land where swine waste is applied, including deep soil sampling in areas where land application of swine waste is conducted and in adjacent areas where such waste is not applied. Kansas state university, until completion of the evaluation, shall submit preliminary reports regarding such evaluation on or before the first day of each regular legislative session and, upon completion of the evaluation, shall submit a final report of the evaluation on or before the final day of the next regular legislative session. Each such report shall be submitted to the governor, the senate and house standing committees on agriculture, the senate standing committee on energy and natural resources and the house standing committee on environment.History: L. 1998, ch. 143, § 19; May 7.
KS Stat § 65-1,196 (2021)
2021 Kansas Statutes|Chapter 65 - Public Health|Article 1 - Secretary Of Health And Environment, Activities|65-1,196 Standards and requirements; application; powers of secretary of health and environment.

65-1,196. Standards and requirements; application; powers of secretary of health and environment. (a) The express adoption or authorization of standards and requirements for swine facilities by this act shall not be construed to prohibit or limit in any manner the secretary's authority to adopt and enforce rules and regulations establishing:(1) Standards and requirements for swine facilities that are in addition to or more stringent than those provided by this act if the secretary determines necessary for the purposes provided by K.S.A. 65-171d and amendments thereto; and(2) standards and requirements for swine facilities that exist on the effective date of this act and that are not subject to the standards and requirements provided by this act.(b) Nothing in this act shall be construed to exempt any person or entity from or preempt or in any way excuse or waive any obligation to comply with the provisions of the Kansas chemigation safety law (K.S.A. 2-3301 et seq. and amendments thereto), K.S.A. 24-126 and amendments thereto (relating to levees), K.S.A. 82a-301 et seq. and amendments thereto (relating to stream obstructions), the Kansas water appropriation act (K.S.A. 82a-701 et seq. and amendments thereto) or any other statute or rule and regulation except as specifically provided by this act.(c) The provisions of this act applicable to new construction or expansion of swine facilities shall apply to all facilities for which an application for new construction or expansion is received by the department on or after March 1, 1998, and such facilities shall be required to comply with the standards and requirements imposed pursuant to this act at the time the permit for new construction or expansion is granted or, if rules and regulations must be adopted in order to implement any such standard or requirement, such facilities shall be required to comply with such standard or requirement within 180 days after adoption of such rules and regulations.History: L. 1998, ch. 143, § 20; May 7.
KS Stat § 65-1,197 (2021)
2021 Kansas Statutes|Chapter 65 - Public Health|Article 1 - Secretary Of Health And Environment, Activities|65-1,197 Advisory committee.

65-1,197. Advisory committee. The secretary of health and environment, pursuant to K.S.A. 75-5616 and amendments thereto, shall appoint an advisory committee to consult with and advise the secretary on the implementation and administration of the provisions of K.S.A. 65-171d and K.S.A. 65-1,178 through 65-1,196, and amendments thereto, with respect to swine facilities. The advisory committee shall consist of five members who represent persons knowledgeable and experienced in areas related to regulation of swine facilities, including but not limited to owners and operators of swine facilities, Kansas state university extension services and professional engineers.History: L. 1998, ch. 143, § 21; May 7.
KS Stat § 65-1,198 (2021)
2021 Kansas Statutes|Chapter 65 - Public Health|Article 1 - Secretary Of Health And Environment, Activities|65-1,198 Rules and regulations; reports to legislature.

65-1,198. Rules and regulations; reports to legislature. (a) Before January 1, 1999, the secretary shall adopt such rules and regulations as necessary to implement, administer and enforce the provisions of this act.(b) On or before the first day of the 1999 and 2000 regular legislative sessions, the secretary shall submit a report regarding implementation of the provisions of K.S.A. 65-171d and K.S.A. 65-1,178 through 65-1,196, and amendments thereto, to the house and senate standing committees on agriculture, the senate standing committee on energy and natural resources and the house standing committee on environment.History: L. 1998, ch. 143, § 22; May 7.
KS Stat § 65-1,199 (2021)
2021 Kansas Statutes|Chapter 65 - Public Health|Article 1 - Secretary Of Health And Environment, Activities|65-1,199 Rules and regulations for composting dead livestock.

65-1,199. Rules and regulations for composting dead livestock. The secretary of health and environment shall adopt rules and regulations establishing standards and procedures for composting livestock, including chickens and turkeys.History: L. 1998, ch. 143, § 37; May 7.
KS Stat § 65-1,200 (2021)
2021 Kansas Statutes|Chapter 65 - Public Health|Article 1 - Secretary Of Health And Environment, Activities|65-1,200 Citation of act.

65-1,200. Citation of act. K.S.A. 65-1,200 to 65-1,214, inclusive, of this act shall be known and may be cited as the residential childhood lead poisoning prevention act.History: L. 1999, ch. 99, § 2; Apr. 22.
KS Stat § 65-1,201 (2021)
2021 Kansas Statutes|Chapter 65 - Public Health|Article 1 - Secretary Of Health And Environment, Activities|65-1,201 Definitions.

65-1,201. Definitions. As used in the residential childhood lead poisoning prevention act:(a) "Abatement" means any measure or set of measures designed to permanently eliminate lead-based paint hazards as defined in the federal program.(b) "Accredited training program" means a training program that has been accredited by the federal program or the secretary to present training courses to individuals engaged in lead-based paint activities.(c) "Business entity" means a company, partnership, corporation, sole proprietorship, association, or other business concern.(d) "Certificate" means an authorization issued by the secretary permitting an individual to engage in lead-based paint activities.(e) "Federal program" means subpart L, lead-based paint activities of 40 C.F.R. part 745, as in effect on the effective date of this act.(f) "Lead-based paint" means paint or other surface coatings that contain lead equal to or in excess of one milligram per square centimeter or more than 0.5% by weight.(g) "Lead-based paint activities" means the inspection, assessment and abatement of lead-based paint, including the disposal of waste generated therefrom.(h) "License" means an authorization issued by the secretary permitting a business entity to engage in lead-based paint activities.(i) "Public agency" means any state agency or political or taxing subdivision of the state and those federal departments, agencies or instrumentalities thereof which are not subject to preemption.(j) "Secretary" means the secretary of health and environment.(k) "Residential dwelling" means a detached single family dwelling or a single family dwelling unit in a structure that contains more than one separate residential dwelling unit used as a place of residence for habitation by an individual or the individual's immediate family, or both.(l) "Habitation" means a place of abode or residence constructed before 1978 where individuals eat, sleep and reside.(m) "Immediate family" means spouse, parent, stepparent, child, stepchild or sibling.History: L. 1999, ch. 99, § 3; Apr. 22.
KS Stat § 65-1,203 (2021)
2021 Kansas Statutes|Chapter 65 - Public Health|Article 1 - Secretary Of Health And Environment, Activities|65-1,203 Licensure or certification to perform lead-based paint activities.

65-1,203. Licensure or certification to perform lead-based paint activities. (a) A business entity or public agency shall not engage in a lead-based paint activity unless the business entity or public agency holds a license issued by the secretary for that purpose.(b) Except as otherwise provided in the residential childhood lead poisoning prevention act, no individual shall engage in lead-based paint activities unless the individual holds a certificate issued by the secretary for that purpose. In order to qualify for a certificate, an individual must have successfully completed an accredited training program and pass a third party exam as required by the secretary. Any individual who owns and resides in a residential dwelling may perform lead-based paint activities within such residential dwelling even though such individual does not hold a certificate for that purpose under the residential childhood lead poisoning prevention act. All work performed by such individual owner of a residential dwelling must be performed in accordance with state and federal guidelines or statutes, or both.(c) Any business or public agency that owns or leases a nonresidential dwelling may perform lead-based paint activities within such facility even though such business or public agency does not hold a license for that purpose under the residential childhood lead poisoning prevention act. All work performed by a business or public agency on such facility must be performed in accordance with state and federal guidelines or statutes, or both.History: L. 1999, ch. 99, § 5; Apr. 22.
KS Stat § 65-1,204 (2021)
2021 Kansas Statutes|Chapter 65 - Public Health|Article 1 - Secretary Of Health And Environment, Activities|65-1,204 Same; qualification requirements.

65-1,204. Same; qualification requirements. In order to qualify for a license, a business entity or public agency shall:(a) Ensure that each employee or agent of the business entity or public agency who will engage in a lead-based paint activity is certified;(b) demonstrate to the satisfaction of the secretary that the business entity or public agency is capable of complying with all requirements, procedures and standards of the United States environmental protection agency, the United States occupational safety and health administration and the secretary, as applicable, to lead-based paint activities;(c) comply with all rules and regulations adopted by the secretary under the residential childhood lead poisoning prevention act; and(d) allow representatives of the secretary, after identification, to enter and inspect any habitation or property on which a habitation is situated at any reasonable time with consent of the owner or under search warrant for the purpose of inspecting lead-based paint activities as required in order to implement provisions of the residential childhood lead poisoning prevention act.History: L. 1999, ch. 99, § 6; Apr. 22.
KS Stat § 65-1,205 (2021)
2021 Kansas Statutes|Chapter 65 - Public Health|Article 1 - Secretary Of Health And Environment, Activities|65-1,205 Remittance of fees.

65-1,205. Remittance of fees. The secretary shall remit all moneys received from the fees established pursuant to the residential childhood lead poisoning prevention act to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the lead-based paint hazard fee fund established in K.S.A. 65-1,206, and amendments thereto.History: L. 1999, ch. 99, § 7; L. 2001, ch. 5, § 215; July 1.
KS Stat § 65-1,206 (2021)
2021 Kansas Statutes|Chapter 65 - Public Health|Article 1 - Secretary Of Health And Environment, Activities|65-1,206 Lead-based paint hazard fee fund; sources of revenue; expenditures.

65-1,206. Lead-based paint hazard fee fund; sources of revenue; expenditures. (a) There is established in the state treasury the lead-based paint hazard fee fund. Revenue from the following sources shall be deposited in the state treasury and credited to the fund:(1) Fees collected under the residential childhood lead poisoning prevention act for licensure and certification to engage in lead-based paint activities, accreditation of training programs and fees for evaluation of abatement projects;(2) any moneys recovered by the state under the residential childhood lead poisoning prevention act, including administrative expenses, civil penalties and moneys paid under any agreement, stipulation or settlement;(3) any moneys collected or received from public or private grants and from gifts and donations; and(4) interest attributable to investment of moneys in the fund.(b) Moneys deposited in the fund shall be expended only for the purpose of administering the residential childhood lead poisoning prevention act and for no other governmental purposes.(c) On or before the 10th day of each month, the director of accounts and reports shall transfer from the state general fund to the lead-based paint hazard fee fund interest earnings based on:(1) The average daily balance of moneys in the lead-based paint hazard fee fund for the preceding month; and(2) the net earnings rate of the pooled money investment portfolio for the preceding month.(d) All expenditures from the fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the secretary for the purposes set forth in this section.History: L. 1999, ch. 99, § 8; Apr. 22.
KS Stat § 65-1,208 (2021)
2021 Kansas Statutes|Chapter 65 - Public Health|Article 1 - Secretary Of Health And Environment, Activities|65-1,208 Noncompliance; notice; duty to meet compliance requirements.

65-1,208. Noncompliance; notice; duty to meet compliance requirements. Whenever an authorized agency of the secretary finds that any individual, business entity, accredited program or public agency is not in compliance with the residential childhood lead poisoning prevention act or any rules and regulations adopted under the residential childhood lead poisoning prevention act, it shall be the duty of such agent to notify the individual, business entity, accredited program or public agency in writing of such changes or alterations as the agency shall deem necessary in order to comply with the requirements of the residential childhood lead poisoning prevention act and any rules and regulations adopted under the residential childhood lead poisoning prevention act, and the agency shall file a copy of such notice with the secretary. It shall thereupon be the duty of the individual, business entity, accredited program or public agency to make such changes or alterations as are contained in the written notice within five days from the receipt of such notice.History: L. 1999, ch. 99, § 10; Apr. 22.
KS Stat § 65-1,209 (2021)
2021 Kansas Statutes|Chapter 65 - Public Health|Article 1 - Secretary Of Health And Environment, Activities|65-1,209 Violations; criminal penalties.

65-1,209. Violations; criminal penalties. Any individual, business entity, public agency or accredited training program which knowingly violates any provision of the residential childhood lead poisoning prevention act or any rules and regulations adopted under the residential childhood lead poisoning prevention act is guilty:(a) For a first offense, of a class C misdemeanor; and(b) for a second offense or subsequent offense, of a class B misdemeanor.History: L. 1999, ch. 99, § 11; Apr. 22.
KS Stat § 65-1,210 (2021)
2021 Kansas Statutes|Chapter 65 - Public Health|Article 1 - Secretary Of Health And Environment, Activities|65-1,210 Same; civil penalties; corrective action; appeals; grants to communities to eliminate hazards.

65-1,210. Same; civil penalties; corrective action; appeals; grants to communities to eliminate hazards. (a) Any individual, business entity, accredited training program or public agency who violates any provision of the residential childhood lead poisoning prevention act or any rules and regulations adopted under the residential childhood lead poisoning prevention act, in addition to any other penalty or litigation provided by law, may incur a civil penalty imposed under subsection (b) in a maximum amount not to exceed $1,000 for the first violation, $5,000 for each subsequent violation and, in the case of a continuing violation, every day such previously notified violation continues shall be deemed a separate violation.(b) The secretary, upon finding that any individual, business entity, accredited training program or public agency has violated any provision of the residential childhood lead poisoning prevention act or any rules and regulations adopted under the residential childhood lead poisoning prevention act, may impose a civil penalty within the limits provided in this section upon such individual, business entity, accredited training program or public agency which civil penalty shall be in an amount to constitute an actual and substantial economic deterrent to the violation for which the civil penalty is assessed.(c) The secretary, upon finding that an individual, business entity, accredited training program or public agency has violated any provision of the residential childhood lead poisoning prevention act or rules and regulations adopted under the residential childhood lead poisoning prevention act, may issue an order finding such individual, business entity, accredited training program or public agency in violation of the residential childhood lead poisoning prevention act and directing the individual, business entity, accredited training program or public agency to take such action as necessary to correct the violation.(d) No civil penalty shall be imposed under this section except upon the written order of the secretary after notification and hearing, if a hearing is requested, in accordance with the provisions of the Kansas administrative procedure act.(e) Any individual, business entity, accredited training program or public agency aggrieved by an order of the secretary made under this section may appeal such order to the district court in the manner provided by the Kansas judicial review act.(f) Any penalty recovered pursuant to the provisions of this section shall be remitted to the state treasurer and deposited in the lead-based paint hazard fee fund.(g) The secretary shall use penalties recovered pursuant to the provisions of this section to establish a grant program for communities to conduct activities designed to reduce or eliminate exposure of children to residential lead-based paint hazards.History: L. 1999, ch. 99, § 12; L. 2010, ch. 17, § 116; July 1.
KS Stat § 65-1,211 (2021)
2021 Kansas Statutes|Chapter 65 - Public Health|Article 1 - Secretary Of Health And Environment, Activities|65-1,211 Same; additional remedies.

65-1,211. Same; additional remedies. Notwithstanding any other remedy and in addition to any other remedy, the secretary may maintain, in the manner provided by the Kansas judicial review act, an action in the name of the state of Kansas for injunction or other process against any business entity or individual to restrain or prevent any violation of the provisions of the residential childhood lead poisoning prevention act or of any rules and regulations adopted under the residential childhood lead poisoning prevention act.History: L. 1999, ch. 99, § 13; L. 2010, ch. 17, § 117; July 1.
KS Stat § 65-1,212 (2021)
2021 Kansas Statutes|Chapter 65 - Public Health|Article 1 - Secretary Of Health And Environment, Activities|65-1,212 Implementation of act by entities engaging in lead-based paint activities; when.

65-1,212. Implementation of act by entities engaging in lead-based paint activities; when. Licensure, certification or training program accreditation for a business entity, public agency or individual who engages in lead-based paint activities shall not be required until such time as the secretary adopts rules and regulations to implement the provisions of the residential childhood lead poisoning prevention act.History: L. 1999, ch. 99, § 14; Apr. 22.
KS Stat § 65-1,213 (2021)
2021 Kansas Statutes|Chapter 65 - Public Health|Article 1 - Secretary Of Health And Environment, Activities|65-1,213 Statutory audit privilege not applicable.

65-1,213. Statutory audit privilege not applicable. The audit privilege recognized in K.S.A. 60-3332 through 60-3339 does not pertain to the residential childhood lead poisoning prevention act.History: L. 1999, ch. 99, § 15; Apr. 22.