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Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 4 - COMMERCIAL FERTILIZERS › Section 4-4-907 - Pipes and fittings

Current through Register Vol. 43, No. 28, July 11, 2024
Pipes and fittings shall be adequately supported to prevent
				sagging and possible breakage due to gravity and other forces which might be
				encountered in the ordinary course of operations.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 4 - COMMERCIAL FERTILIZERS › Section 4-4-908 - Liquid-level-gauging device

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Except as
			 provided in paragraph (b) of this regulation, each storage container shall be
			 equipped with a liquid-level-gauging device by which the level of fluid in the
			 storage container can be readily and reliably measured.
(b) A liquid-level-gauging device shall not
			 be required if the level of fluid in a storage container can be readily and
			 reliably measured by other means approved by the secretary.
(c) Liquid-level-gauging devices shall be
			 locked or secured, in a safe manner, to protect against breakage or vandalism
			 which could result in a discharge.
(d) External sight gauges shall be prohibited
			 unless:
(1) the gauge has a positive shut-off
			 valve constructed from stainless steel;
(2) all pipes or other plumbing components
			 which connect the shut-off valve to the storage container shall be constructed
			 from stainless steel;
(3) the
			 sight gauge's shut-off valve remains closed except when the amount of material
			 stored in the storage container is being determined; and
(4) the shut-off valve is located on the
			 storage container in a location which is readily accessible and which conforms
			 to the storage container manufacturer's specifications.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 4 - COMMERCIAL FERTILIZERS › Section 4-4-909 - Labeling of storage containers

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each
			 storage container or building in which fertilizer or fertilizer materials are
			 stored shall be clearly marked with a description of the contents.
(b) In lieu of marking the building or
			 storage container, a sign containing a written description of the fertilizer or
			 fertilizer materials being stored may be posted outside the container.
(c) All descriptions shall be made
			 in letters at least two inches high.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 4 - COMMERCIAL FERTILIZERS › Section 4-4-910 - Inspection and maintenance

Current through Register Vol. 43, No. 28, July 11, 2024
(a) On a
			 regularly scheduled basis, at least monthly, the operator of a storage facility
			 shall:
(1) routinely inspect and maintain
			 storage facilities, storage containers and appurtenances to minimize the risk
			 of a discharge;
(2) inspect valves
			 and other appurtenances for leakage; and
(3) make a written record of all inspections
			 and major maintenance or repair on the day of the inspection, maintenance or
			 repair.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 4 - COMMERCIAL FERTILIZERS › Section 4-4-911 - Operational area containment for fertilizer

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Loading
			 pads.
(1) Each area or pad used for loading
			 fluid bulk fertilizer into storage containers or for unloading fluid bulk
			 fertilizer from storage containers into mobile containers shall be curbed and
			 paved with asphalt, concrete or other similar material approved by the
			 secretary or be otherwise adequately designed to contain and allow recovery of
			 any discharged fertilizer materials resulting from loading or unloading
			 fertilizer materials or rinsates resulting from the cleaning of fertilizer
			 application equipment.
(2) Each
			 area or pad shall be sufficient to hold the entire mobile container during
			 loading or unloading. This pad shall be designed, constructed and maintained to
			 handle all reasonably foreseeable loading conditions to which it is exposed.
			 Cracks and seams shall be kept sealed.
(3) Each area or pad shall be designed to
			 prevent accumulation and overflow resulting from precipitation.
(4) Any cleaning at the storage facility of
			 equipment used to apply fertilizer or fertilizer materials shall be cleaned
			 upon a loading pad or area described in subsections (1), (2) and (3) of this
			 section.
(5) Each facility where
			 125 tons or more of liquid fertilizer or 25 tons or more of dry fertilizer are
			 received into or transferred out of one or more storage containers located at
			 the facility during any period of 365 consecutive days shall have at least one
			 loading pad or area which complies with the provisions of this regulation.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 4 - COMMERCIAL FERTILIZERS › Section 4-4-912 - Abandoned containers

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each
			 storage container and other container used at a storage facility to hold fluid
			 bulk fertilizer or fertilizer rinsate shall be deemed abandoned if:
(1) it has been out of service for more than
			 six consecutive months because of a weakness or leak;
(2) or it has been out of service for any
			 reason other than nonuse for more than two consecutive years.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 4 - COMMERCIAL FERTILIZERS › Section 4-4-920 - Storage and handling of dry bulk fertilizer

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Dry
			 fertilizer materials shall be stored and handled in a manner which prevents
			 pollution of groundwater by minimizing losses of the dry fertilizer or dry
			 fertilizer materials to the air, surface water, groundwater, or subsoil.
(b) Non-fluid fertilizer or
			 fertilizer materials shall be stored inside a properly designed structure or
			 device with a cover or roof top, sidewalls and base sufficient to prevent
			 fertilizer contact with precipitation and surface waters. Floors and sidewalls
			 shall be strong enough to support the weight of the fertilizer being stored.
(c) All loading, unloading, mixing
			 and handling of dry fertilizer, unless performed in the field where applied,
			 shall be done using a containment method, device, or structure, which is of a
			 size and design that will contain the fertilizer and can be operated to
			 minimize emission of dust, vapors or both beyond the facility boundaries. Any
			 collected materials shall be applied to a field at agronomic fertilizer rates
			 or be otherwise recycled with other fertilizer mixes.
(d) Handling or work areas where any dry
			 fertilizer is stored, loaded, unloaded or handled shall be constructed of
			 concrete, asphalt or other material that is sealed with a product approved by
			 the secretary to maintain a permeability rate at least equivalent to that of
			 concrete or asphalt.
(e) Conveyors
			 and augers shall be equipped with dust control boots or socks.
(f) Roof and surface runoff water shall be
			 diverted away from the fertilizer buildings or loading area by use of grading
			 or other means of water diversion.
(g) Railside unloading areas shall have a
			 large enough area, including the area between the rails, surfaced with concrete
			 or asphalt to provide for sufficient clean-up of all spilled fertilizer
			 materials. As an alternative, a portable device approved by the secretary may
			 be used if the user demonstrates that all spilled materials can be controlled
			 and contained by the device.
(h)
			 All doors shall be locked when facility is not in use.
(i) Mixing and blending devices shall be
			 covered with a suitable roof or otherwise be suitably designed and installed to
			 prevent rain, sleet, snow or hail from coming into contact with the dry
			 fertilizer.
(k) The name of the
			 storage facility and the name and telephone number of individuals who may be
			 contacted in case of emergency shall be posted on the storage facility using
			 letters not less than two inches high.
(l) Buildings used to store dry fertilizer or
			 fertilizer materials shall be marked with a general description of their
			 contents.
(m) Handling or working
			 areas where dry fertilizers are stored, loaded, unloaded or handled shall be
			 cleaned daily after use.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 4 - COMMERCIAL FERTILIZERS › Section 4-4-921 - Record keeping

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Records
			 required to be maintained. Each of the following records shall be prepared by
			 the operator of the storage facility and kept at the storage facility affected,
			 or at the nearest local office from which the storage facility is administered.
(1) A record shall be completed on the day of
			 discovery of all discharges of either 1,000 pounds or more of dry fertilizer
			 outside the handling or working area or 100 gallons or more of liquid
			 fertilizer into the secondary containment structure or area or any other
			 portion of the storage facility including:
(A) the date and time of discharge, if known;
(B) the type of fluid or dry bulk
			 fertilizer discharged;
(C) the
			 volume of the discharged fertilizer;
(D) the cause of the discharge;
(E) the action taken, if any, to control or
			 recover the discharged fertilizer; and
(F) the method of use or disposal of any
			 recovered discharge. Updates of this record shall be made promptly showing the
			 measures taken to control, recover, use or dispose of the discharge.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 4 - COMMERCIAL FERTILIZERS › Section 4-4-922 - Discharge response plan

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The
			 operator of each storage facility shall prepare a written discharge response
			 plan for the storage facility. This plan shall include:
(1) the name and telephone number of each
			 person or agency which is to be contacted in the event of a discharge,
			 including any persons responsible for the stored fertilizer;
(2) a complete copy of the storage container
			 labeling required by K.A.R. 4-4-909 for each bulk fertilizer stored and the
			 labeling required under
			 K.S.A.
			 2-1201 et seq. for each fertilizer stored;
(3) identification, by location,
			 of each storage container and the type of bulk fertilizer stored in it;
(4) the procedures to be used in
			 controlling and recovering, or otherwise responding to a discharge for each
			 type of bulk fertilizer stored at the facility; and
(5) the procedures for using or disposing of
			 a recovered discharge.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 4 - COMMERCIAL FERTILIZERS › Section 4-4-923 - Existing storage tanks which have a capacity of 100,000 gallons or more

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Liquid
			 fertilizer storage containers with a capacity of 100,000 gallons or more shall
			 be located within an approved secondary containment area designed to allow the
			 containment and recovery of any discharged fertilizer material.
(b) Unless otherwise approved pursuant to
			 K.A.R. 4-4-956, the surface supporting the storage container shall be elevated
			 above the surrounding surface of the containment area so that the lowest point
			 of the storage container shall be at least six inches above the surrounding
			 surface of the containment area to permit visual identification of any leaks
			 which may develop in the floor of the storage container.
(c) This regulation shall apply to all
			 storage containers with a capacity of 100,000 gallons or more which were placed
			 in service on or before January 13, 1991.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 4 - COMMERCIAL FERTILIZERS › Section 4-4-924 - Storage tanks which have a capacity of 100,000 gallons or more; new construction

Current through Register Vol. 43, No. 28, July 11, 2024
(a) This
			 regulation shall apply to all storage containers with a capacity of 100,000
			 gallons or more which are constructed or placed in service on or after the
			 effective date of this regulation.
(b) Liquid fertilizer storage containers with
			 a capacity of 100,000 gallons or more shall be:
(1) located within an approved secondary
			 containment area designed to allow the containment and recovery of any
			 discharged fertilizer material; and
(2) placed on a surface which has been sealed
			 with asphalt, concrete, attapulgite clay, sodium bentonite, or other material
			 approved by the secretary.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 4 - COMMERCIAL FERTILIZERS › Section 4-4-931 - Approved secondary containment of bulk fertilizer; general requirements

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Primary
			 containment of liquid bulk fertilizer shall be located within a secondary
			 containment area. Diked areas shall be constructed with a base, perimeter wall
			 and sloped floor drain, except as provided by K.A.R. 4-4-934.
(b) The diked secondary containment area for
			 fluid bulk fertilizer shall be physically separated and distinct from any
			 secondary containment area for pesticides or other nonfertilizer materials;
			 however adjoining secondary containment areas may share common walls.
(c) The diked area for secondary
			 containment of storage facilities shall be able to contain, below the height of
			 the dike, at least 110% of the capacity of the largest storage container plus
			 the volume displaced by all other storage containers, fixtures, and materials
			 located within the diked area.
(d)
			 All pumps used for handling liquid fertilizer shall be located within the
			 secondary containment structure or area.
(e) Except where used as a method of
			 monitoring a secondary containment system, drainage within or underlying the
			 area to be diked shall be eliminated.
(f) This regulation shall apply to:
(1) each storage facility in existence on the
			 effective date of this regulation which has a total storage capacity of 5,000
			 gallons or more;
(2) each storage
			 facility in existence on the effective date of this regulation which has a
			 total storage capacity of 2,000 gallons or more and less than 5,000 gallons
			 where 125 tons or more of liquid fertilizer is received into or transferred out
			 of one or more storage containers located at the storage facility during any
			 period of 365 consecutive days; and
(3) each storage facility which was not in
			 existence on the effective date of this regulation and which has a total
			 storage capacity of 2,000 gallons or more.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 4 - COMMERCIAL FERTILIZERS › Section 4-4-932 - Secondary containment requirements; walls

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The walls
			 of each secondary containment facility shall be constructed of earth, steel,
			 concrete, solid masonry or any other material approved by the secretary, and be
			 designed to withstand a full hydrostatic head of any discharged fluid and
			 weight load of material used in construction.
(b) All cracks, joints, and seams shall be
			 sealed to prevent leakage.
(c)
			 Walls constructed of earth or other permeable materials shall be lined as
			 provided in K.A.R. 4-4-933.
(d)
			 Earthen walls shall have a horizontal-to-vertical slope of at least three to
			 one, unless a steeper slope is consistent with good engineering practice, and
			 shall be packed and protected from erosion. An exterior slope of 30 degrees or
			 less shall be protected with grass or crushed stone. Slopes greater than 30
			 degrees and all interior slopes shall be protected with flat road stone or a
			 similar crushed stone material.
(e) Walls shall not exceed six feet in height
			 above interior grade unless provisions are made for normal access, necessary
			 emergency access to tanks, valves and other equipment, and safe exit from the
			 secondary containment facility.
(f) Walls constructed of concrete or solid
			 masonry shall rest upon a floating base of concrete prepared as required in
			 K.A.R. 4-4-933 or upon suitable concrete footings which extend below the
			 average frost depth to provide structural integrity.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 4 - COMMERCIAL FERTILIZERS › Section 4-4-933 - Secondary containment requirements; lining

Current through Register Vol. 43, No. 28, July 11, 2024
(a) General
			 requirement. The base of a secondary containment facility, and any earthen
			 walls of the facility shall be lined with asphalt, concrete, an approved
			 synthetic liner, a clay soil liner or other product approved by the secretary,
			 designed to limit permeability of the base and walls. Liners shall meet the
			 requirements of this regulation.
(b) Asphalt or concrete liners. Asphalt or
			 concrete liners shall be designed, according to good engineering practices, to
			 withstand any foreseeable loading conditions, including a full hydrostatic head
			 of discharged fluid and static loads of storage containers, including
			 appurtenances, equipment, and contents. Cracks and seams shall be sealed to
			 prevent leakage.
(c) Synthetic
			 liners.
(1) All synthetic liners and
			 installation plans shall be approved by the secretary. Until the manufacturer
			 of the synthetic liner provides the secretary with a written confirmation of
			 compatibility and a written estimate of the life of the liner, no approval
			 shall be given.
(2) Synthetic
			 liners shall not react either chemically or electrolytically with the materials
			 being stored within the storage facility.
(3) Synthetic liners shall be installed
			 according to manufacturer's specifications. All field constructed seams shall
			 be tested and repaired, if necessary, in accordance with the manufacturer's
			 recommendations.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 4 - COMMERCIAL FERTILIZERS › Section 4-4-934 - Use of elephant rings for secondary containment

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Individual
			 storage containers may be contained within an elephant ring as an alternative
			 to a diked containment area. The elephant ring shall serve as a second
			 containing wall in the event that the primary storage container develops a
			 leak. The elephant ring shall be designed and installed to withstand a full
			 hydrostatic head from the fluid stored in the enclosed primary storage
			 container and all other stresses reasonably foreseeable from secondary
			 containment of stored fertilizer.
(b) Both the primary storage container and
			 the elephant ring shall be fabricated of materials compatible with each other
			 and which do not react either chemically or electrolytically the fertilizer
			 being stored. Use of any combination of metals or other materials which
			 contribute to chemical or electrolytic corrosion is prohibited.
(c) The height of the elephant ring wall
			 shall not exceed six feet. The volume contained within the secondary storage
			 walls up to the working height of the elephant ring shall be sufficient to
			 contain a volume of 110% of the volume contained in the primary storage
			 container plus the volume displaced by the footings of any equipment such as
			 pumps, meter or other devices, placed within the secondary containment vessel.
(d) The elephant ring shall be
			 free of leaks and structural defects. The base of the elephant ring shall be
			 protected from corrosion, both from inside and outside, and underlain:
(1) by a concrete pad; or
(2) with eight inches of compacted gravel
			 beneath four inches of compacted sand; or
(3) as recommended by the manufacturer of the
			 elephant ring and approved by the secretary.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 4 - COMMERCIAL FERTILIZERS › Section 4-4-935 - Drainage from contained areas within secondary containment

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Earthen or
			 prefabricated containment area. An earthen or prefabricated containment area
			 shall not have a relief outlet and valve. The base shall slope to a collecting
			 spot where storm water can be discharged by pump over the berm for use in the
			 blending process or for proper disposal in accordance with local requirements
			 for disposal of storm water.
(b)
			 Asphalt or concrete lined areas.
(1) An
			 asphalt or concrete lined area shall have a recessed catch drain running
			 through the center of the base or a sump as provided for in K.A.R. 4-4-936.
(2) The catch drain shall be at
			 least six inches deep and 12 inches wide with an open grate cover.
(3) The asphalt or concrete slab located
			 beneath the catch drain shall be at least the same thickness below and to the
			 sides of the drain as the base is throughout the contained area and comply with
			 K.A.R. 4-4-933.
(4) The asphalt or
			 concrete base shall slope to the drain, and the drain shall slope to a
			 discharge valve at the edge of the dike.
(5) The discharge valve shall be closed and
			 secured except when used permitted by K.A.R. 4-4-905.
(6) The discharge valve shall drain to an
			 underground concrete sump. A self-priming recovery pump shall be used to move
			 all materials from the sump to alternate storage. The sump tank shall not be
			 used as a permanent storage container. It shall be pumped periodically to
			 remove any water, fertilizer material or both which it collects.
(7) Precipitation may be used for make-up
			 water in fertilizer mixes or disposed of in accordance with local requirements
			 if it is compatible with fertilizer materials being handled at the storage
			 facility.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 4 - COMMERCIAL FERTILIZERS › Section 4-4-936 - Alternative to a recessed catch drain in containment areas

Current through Register Vol. 43, No. 28, July 11, 2024
A sump may be located within the diked or secondary containment
				area as an alternative to the recessed catch drain if:
(a) the sump construction conforms to the
			 thickness specifications for the remainder of the containment base;
(b) the sump is drained over the wall of the
			 containment structure by means of a pump;
(c) no valve is plumbed into the sump unless
			 the sump has a permanent catchment system as described in K.A.R. 4-4-911; and
(d) materials removed from the
			 sump are disposed of in a manner consistent with K.A.R. 4-4-935.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 4 - COMMERCIAL FERTILIZERS › Section 4-4-937 - Inspection and maintenance requirements; secondary containment

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Every
			 secondary containment area, structure or device shall be inspected by the
			 operator of the storage facility at least every six months and be maintained as
			 necessary to assure compliance with these regulations.
(b) The operator shall make a written record
			 of all inspections and maintenance on the day of the inspection or maintenance
			 which shall be kept at the storage facility or at the nearest local office from
			 which the storage facility is administered.
(c) All secondary containment areas,
			 structures and devices shall be kept free of debris and foreign matter.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 4 - COMMERCIAL FERTILIZERS › Section 4-4-950 - Time frames for submission of initial diagram or plans

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Within one
			 year after the effective date of this regulation, the owner of each existing or
			 proposed storage facility shall submit a diagram or plans of the storage
			 facility containing the following information:
(1) the location and size of each storage
			 container;
(2) the drainage
			 pattern of the storage facility;
(3) any source of drinking water within the
			 facility, if any;
(4) any source
			 of ground or surface water within 1320 feet of the storage facility, if any;
(5) any tank or other container
			 used for the storage of petroleum products within the storage facility, if any;
(6) the location of each pump,
			 pipe or other appurtenance used in the storage or transfer of fertilizer within
			 the storage facility, if any;
(7)
			 the location of each pad used for the loading of bulk fertilizer, if any; and
(8) the location of the storage
			 facility for the dry fertilizer, if any;
(9) the standards and specifications for the
			 construction of the storage facility for dry fertilizer, if any;
(10) the size and location of each proposed
			 secondary containment structure to be located within the storage facility to
			 comply with the requirements of K.A.R. 4-4-900 et seq.;
(11) the size and location of each proposed
			 loading pad or area to be located within the storage facility to comply with
			 the requirements of K.A.R. 4-4-900 et seq.; and
(12) any other information required by the
			 secretary.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 4 - COMMERCIAL FERTILIZERS › Section 4-4-951 - Requirements for plans and specifications

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Whenever a
			 storage facility is constructed or extensively remodeled or an existing
			 structure is converted to use as a storage facility, properly prepared plans
			 and specifications for the construction, remodeling or conversion shall be
			 submitted by the owner of the storage facility to the secretary for review and
			 approval before construction, remodeling or conversion is begun.
(b) The plans and specifications shall
			 include the proposed layout, mechanical plans, construction materials, work
			 areas, and type of equipment to be fixed and facilities which will be
			 remodeled, converted or constructed.
(c) The plans shall also contain the
			 information required by K.A.R. 4-4-950.
(d) Any person, after submitting the plans
			 required by this regulation, shall be given a time period not exceeding six
			 months by the secretary in which to resubmit the plans with any corrections or
			 additions required by the secretary.
(e) Upon approval of the plans by the
			 secretary, the owner of the fertilizer storage facility shall be given a time
			 period in which to complete any changes, corrections or additional construction
			 at the storage facility as contained in the approved plans. The time period
			 shall not exceed two years for the construction of loading pads and shall not
			 exceed three years for the construction or installation of dikes or secondary
			 containment facilities. Time periods shall run from the date the plans are
			 approved.
(f) The secretary may
			 grant additional time for construction or installation of storage containers,
			 structures, dikes, or other equipment for good cause upon receipt of a written
			 request. Such request shall state the reason for the additional time and the
			 amount of additional time needed. The request may be granted if the request was
			 made in good faith and the circumstances underlying the request were beyond the
			 control of applicant.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 4 - COMMERCIAL FERTILIZERS › Section 4-4-952 - Time frames for construction; liquid fertilizer storage facilities

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Within
			 three years after approval of construction plans by the secretary, the owner of
			 each storage facility shall complete construction or installation of secondary
			 containment facilities required by K.A.R. 4-4-900 et seq.
(b) Within two years after approval of
			 construction plans by the secretary, the owner of each storage facility shall
			 complete construction or installation of loading and unloading pads required by
			 K.A.R. 4-4-900 et seq.
(c) The
			 secretary may grant additional time for construction or installation of storage
			 containers, structures, dikes, or other equipment for good cause upon receipt
			 of a written request. Such request shall state the reason for the additional
			 time and the amount of additional time needed. The request may be granted if
			 the request was made in good faith and the circumstances underlying the request
			 were beyond the control of applicant.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 4 - COMMERCIAL FERTILIZERS › Section 4-4-953 - Time frames for construction plans; dry fertilizer

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Within
			 three years after approval of construction plans by the secretary, the owner of
			 each storage facility shall complete construction or installation of secondary
			 containment facilities required by K.A.R. 4-4-900 et seq.
(b) Within two years after approval of
			 construction plans by the secretary, the owner of each storage facility shall
			 complete construction or installation of loading and unloading pads required by
			 K.A.R. 4-4-900 et seq.
(c) The
			 secretary may grant additional time for construction or installation of storage
			 containers, structures, dikes, or other equipment for good cause upon receipt
			 of a written request. Such request shall state the reason for the additional
			 time and the amount of additional time needed. The request may be granted if
			 the request was made in good faith and the circumstances underlying the request
			 were beyond the control of applicant.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 4 - COMMERCIAL FERTILIZERS › Section 4-4-954 - Fertilizer discharge report requirement

Current through Register Vol. 43, No. 28, July 11, 2024
Any discharge of either 1000 pounds or more of dry fertilizer
				outside the handling or working area or 100 gallons or more of liquid
				fertilizer into the secondary containment structure or area or any other
				portion of the storage facility shall be reported to the secretary within 48
				hours.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 4 - COMMERCIAL FERTILIZERS › Section 4-4-956 - Alternative designs for bulk fertilizer storage facility

Current through Register Vol. 43, No. 28, July 11, 2024
(a) A bulk
			 fertilizer storage facility's alternative design that does not meet the
			 requirements of K.A.R. 4-4-900 through K.A.R. 4-4-986 may be approved by the
			 secretary.
The applicant shall provide proof sufficient to the secretary
				that the alternative design meets or exceeds the applicable requirements of
				K.A.R. 4-4-900 through K.A.R. 4-4-986.
(b) Each application for approval of an
			 alternative design shall include the following:
(1) The plans and specifications required by
			 the applicable requirements of K.A.R. 4-4-900 through K.A.R. 4-4-986;
(2) data from the manufacturer or
			 designer of the proposed bulk fertilizer storage facility documenting that the
			 alternative design meets or exceeds the applicable requirements of K.A.R.
			 4-4-900 through K.A.R. 4-4-986;
(3) a description of the facility's system
			 for the detection of leaks or other malfunctions that meets the applicable
			 requirements of K.A.R. 4-4-900 through K.A.R. 4-4-986;
(4) a statement by a licensed professional
			 engineer certifying that the design provides protection to the environment that
			 meets or exceeds the applicable requirements of K.A.R. 4-4-900 through K.A.R.
			 4-4-986;
(5) the construction
			 timelines; and
(6) any other
			 relevant information regarding the safe handling of bulk fertilizers required
			 by the secretary.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 4 - COMMERCIAL FERTILIZERS › Section 4-4-982 - Marking of mobile storage containers

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each owner
			 or operator of any mobile storage container shall mark each mobile storage
			 container with the following information on at least two opposing exterior
			 surfaces of the container:
(1) The word
			 "fertilizer";
(2) the name and
			 address of, and the emergency contact information for, the individual,
			 corporation, association, or entity responsible for the mobile storage
			 container; and
(3) the type of
			 fertilizer in the mobile storage container.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 4 - COMMERCIAL FERTILIZERS › Section 4-4-983 - Mobile storage containers

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each mobile
			 storage container or combination of mobile storage containers that has a
			 combined storage capacity of 2,000 gallons or more and is used to store liquid
			 fertilizer at the same location for more than 60 consecutive days of storage
			 shall meet the applicable requirements of K.A.R. 4-4-900 through K.A.R.
			 4-4-986.
(b) The 60-day period
			 specified in subsection (a) of this regulation shall begin when the liquid
			 fertilizer is delivered to an empty mobile storage container or when the mobile
			 storage container is moved to a separate location more than 300 feet from the
			 previous location and in accordance with K.A.R. 4-4-900(i) and K.A.R. 4-4-901.
(c) Each seller that delivers
			 liquid fertilizers to any mobile storage container shall make and, for a
			 minimum of three years, maintain records of the following for each delivery:
(1) The date of the delivery;
(2) the name of the person making the
			 delivery;
(3) the number of
			 gallons delivered;
(4) the legal
			 description, to the nearest 10-acre quarter of the section, of the mobile
			 storage container location at the time of delivery;
(5) a description of the fertilizer
			 transported;
(6) the approximate
			 quantity of fertilizer in the mobile storage container before delivery;
(7) the name of the owner or user
			 of the mobile storage container; and
(8) the name and address of the buyer,
			 seller, and transporting company, if different from the seller.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 4 - COMMERCIAL FERTILIZERS › Section 4-4-984 - Mobile containers

Current through Register Vol. 43, No. 28, July 11, 2024
Each mobile container used for the storage of liquid fertilizer
				shall meet the requirements of
				K.A.R.
				4-4-901 and
				K.A.R.
				4-4-903.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 4 - COMMERCIAL FERTILIZERS › Section 4-4-985 - Application for new or modified bulk fertilizer storage facilities

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Before
			 beginning construction, the owner or operator of each proposed new or modified
			 bulk fertilizer storage facility shall submit to the secretary a complete
			 application. The applicant shall provide proof sufficient to the secretary that
			 the design will meet or exceed the applicable requirements contained in K.A.R.
			 4-4-900 through K.A.R. 4-4-986.
(b)
(1) Each
			 application shall be submitted on forms provided by the secretary. Each
			 applicant shall complete and submit the application according to the directions
			 on the forms. The applicant shall identify all confidential business
			 information.
Each application shall include the following:
(A) A location area map;
(B) a detailed plot plan of the facility;
(C) a water line backflow
			 protection schematic diagram;
(D)
			 detailed construction plans and specifica-tions;
(E) a process flow diagram for the facility;
			 and
(F) any additional relevant
			 information regarding the safe handling of bulk fertilizers that the applicant
			 or secretary deems necessary.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 4 - COMMERCIAL FERTILIZERS › Section 4-4-986 - Liquid bulk fertilizer bladder tank requirements

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each liquid
			 bulk fertilizer bladder tank design shall be required to be approved by the
			 secretary before use. Each applicant shall provide the information specified in
			 this regulation to the secretary establishing that the bladder tank design
			 meets or exceeds the applicable requirements of K.A.R. 4-4-900 through K.A.R.
			 4-4-986.
(b) Each application
			 shall be submitted on one or more forms provided by the secretary. Each
			 applicant shall complete these forms and submit the application in compliance
			 with the directions on the forms. The applicant shall designate all trade
			 secrets that the applicant wishes to be considered as confidential.
(c) Each application submitted for approval
			 shall include the plans and specifications, which shall be certified and
			 stamped by a registered professional engineer. These plans and specifications
			 shall include the following:
(1) All
			 information required by K.A.R. 4-4-985;
(2) the results of a soil compaction study
			 and an evaluation of these findings showing that the underlying soil and
			 support pad can support the weight of the filled tank;
(3) construction details of the support pad,
			 including details of the external leak detection;
(4) the wind loading and buoyancy
			 calculations for the tank when empty; and
(5) construction and assembly details of the
			 tank and liner, which shall include the following:
(A) The liner manufacturer's detailed
			 information, including liner thickness, composition, chemical compatibility,
			 and life expectancy;
(B) a
			 description of the protective barriers between the liner and the tank,
			 including cross-sections of each wall and the floor;
(C) detailed information about liner
			 suspension;
(D) detailed
			 information about roof support;
(E) detailed information about the method to
			 be used to remove condensate, overage, and liner leakage, if any;
(F) detailed information about all external
			 openings through the tank, including any leak detection ports, valves, manways,
			 and other inspection ports;
(G)
			 detailed information about all openings through the tank liner;
(H) detailed information about the
			 liquid-level gauging device, including overage prevention;
(I) detailed information about the internal
			 leak detection system;
(J) the
			 method of securing the tank and appurtenances to prevent any discharge of
			 stored fertilizer;
(K) each
			 manufacturer's recommendations for inspection and maintenance of the tank,
			 liner, and appurtenances and a statement specifying how these recommendations
			 will be implemented; and
(L) any
			 other relevant information regarding the safe handling of bulk fertilizer
			 required by the secretary.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 5 - AGRICULTURAL LIMING MATERIALS › Section 4-5-3 - Inspection tonnage report

Current through Register Vol. 43, No. 28, July 11, 2024
(a) When a
			 manufacturer, producer, or distributor submits a tonnage report which covers
			 several locations, the report shall include the following:
(1) Name and address of each location
			 registered; and
(2) The number of
			 tons sold or distributed from each location.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 5 - AGRICULTURAL LIMING MATERIALS › Section 4-5-4 - Agricultural liming material testing

Current through Register Vol. 43, No. 28, July 11, 2024
The process for determining the effective calcium carbonate
				equivalent of agricultural liming materials shall be in accordance with Kansas
				state university's document titled "Kansas state university soil testing lab
				agricultural liming material testing procedure," dated October 15, 2015, which
				is hereby adopted by reference.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 6 - CERTIFICATE OF FREE SALE › Section 4-6-1 - Certificate of free sale; definitions

Current through Register Vol. 43, No. 28, July 11, 2024
(a)
(1)
			 "Certificate of free sale" and "certificate" shall mean a written document in
			 English that states that the product described in the document was manufactured
			 in Kansas by a business whose owner or operator meets the following
			 requirements:
(A) Holds a license,
			 registration, permit, or other authority issued by the Kansas department of
			 agriculture for that business; and
(B) complies with the requirements of the
			 Kansas laws for distribution of the product in Kansas and, where applicable,
			 the United States.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 6 - CERTIFICATE OF FREE SALE › Section 4-6-2 - Certificate of free sale

Current through Register Vol. 43, No. 28, July 11, 2024
Any person may request one or more certificates of free sale by
				providing the following information to the secretary on a form provided by the
				Kansas department of agriculture:
(a)
			 The name, address, and telephone number of the person requesting each
			 certificate;
(b) the name of the
			 licensed, registered, or permitted establishment where the product was
			 manufactured;
(c) the name and type
			 of product for which each certificate is requested;
(d) either an original label or an exact and
			 unaltered photocopy of the label in English for the product;
(e) the country or countries to which the
			 product is to be shipped;
(f) the
			 number of certificates requested;
(g) if more than one product is included in
			 the request, specification of which products are to be listed on each
			 certificate; and
(h) the address to
			 which each certificate is to be sent.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 6 - CERTIFICATE OF FREE SALE › Section 4-6-3 - Certificate of free sale; fees

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each person requesting a certificate of
			 free sale shall pay a $25.00 fee for processing and a $3.00 fee for each
			 duplicate certificate.
(b) No
			 additional fee shall be charged if the certificate of free sale is sent by
			 first-class U.S. mail to an address in the continental United States. The
			 person requesting the certificate of free sale shall pay the actual costs for
			 delivery of the certificate in any other manner or to any other
			 address.
(c) Except as specified in
			 subsection (d), all fees and costs shall be due upon issuance of the
			 certificate of free sale.
(d)
			 Issuance of a certificate of free sale may be refused by the secretary until
			 payment of all fees and costs is received.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 7 - MILK AND DAIRY PRODUCTS › Section 4-7-2 - Health of herd

Current through Register Vol. 43, No. 28, July 11, 2024
(a) All
			 ungraded raw milk shall be from herds, and additions to herds, that meet the
			 requirements of sec. (D)(1) of "milk for manufacturing purposes and its
			 production and processing," as adopted by reference in K.A.R. 4-7-213.
(b) Milk and cream from cows
			 affected with mastitis or containing any residue from drugs used in the
			 treatment of mastitis shall not be sold.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 7 - MILK AND DAIRY PRODUCTS › Section 4-7-3 - Production requirements

Current through Register Vol. 43, No. 28, July 11, 2024
Each business owner or operator and each person subject to the
				Kansas dairy law shall ensure that the requirements in this regulation are met.
(a) Milk barn. The milk barn shall be
			 kept clean, dry, well lighted, well ventilated, and well drained. The floor
			 shall be constructed so that it is easily cleanable. No swine, fowl, or horses
			 shall be permitted in the milk barn.
(b) Milk room. A clean, sanitary,
			 well-constructed building or room that is free from sources of contamination
			 and is properly equipped to wash, sanitize, and store bottles and equipment
			 shall be provided. The building or room shall be constructed in a manner
			 preventing the entrance of dust, dirt, flies, and other pests or contamination.
			 The building or room shall be well lighted and well ventilated.
(c) Utensils. All utensils used in handling
			 milk or cream shall be easily cleanable, free of rust, and in good repair.
			 These utensils shall be made from smooth, nonabsorbent, noncorrodible, nontoxic
			 material. All milk pails shall be of the seamless, hooded type.
(d) Toilet. A sanitary toilet conveniently
			 located and properly constructed shall be provided. The toilet shall be
			 operated and maintained so that all waste is inaccessible to flies and does not
			 pollute the surface soil or contaminate any water supply.
(e) Water supply. The water supply shall be
			 easily accessible, adequate, and compliant with all applicable sanitary and
			 quality standards.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 7 - MILK AND DAIRY PRODUCTS › Section 4-7-4 - Handling requirements

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Cooling.
			 All milk shall be cooled to 45° F or less within one hour after milking and
			 shall be maintained at these temperatures until delivery to the con-sumer.
(b) Containers. All containers
			 shall be stored in a sanitary place and manner and protected from possible
			 contamination. All bottles, cans, and other multiuse containers shall be
			 thoroughly washed and sanitized before each usage.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 7 - MILK AND DAIRY PRODUCTS › Section 4-7-6 - Bacterial and coliform count

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Raw milk
			 shall not have a bacterial plate count exceeding 100,000 per milliliter.
(b) Raw cream shall not have a
			 bacterial plate count exceeding 200,000 per milliliter.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 7 - MILK AND DAIRY PRODUCTS › Section 4-7-213 - Adoption by reference

Current through Register Vol. 43, No. 28, July 11, 2024
The United States department of agriculture's recommended
				requirements titled "milk for manufacturing purposes and its production and
				processing," effective September 1, 2005, are hereby adopted by reference,
				except for the following:
(a) Subpart
			 A;
(b) subpart B, section B2,
			 paragraphs (a), (b), (c), (d), (e), (f), (h), (i), (k), (m), (r), (s), (t), and
			 (u);
(c) subpart D, section D9;
			 and
(d) subpart F.
Copies of the pertinent portions of these requirements may be
				obtained from the Kansas department of agriculture.