reglab/statecodes huggingface dataset:
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 16 - WATER POLLUTION CONTROL › Section 28-16-173 - Municipal, commercial, and industrial wastewater lagoons: closure requirements

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Each wastewater
			 lagoon permittee shall notify the secretary of any plans to cease operation of,
			 close, or abandon a municipal, commercial, or industrial wastewater lagoon or
			 lagoon system.
(b) Each permittee
			 shall maintain and comply with a valid Kansas water pollution control permit
			 until the secretary approves the closure of the wastewater lagoon or lagoon
			 system.
(c) Each permit applicant
			 or permittee shall develop and submit a wastewater lagoon closure plan for
			 review and consideration for approval by the secretary along with the
			 construction plans and specifications for any new, modified, or expanded
			 wastewater lagoon or lagoon system.
(d) Each wastewater lagoon closure plan
			 shall, at a minimum, include all of the following:
(1) The procedure for deactivating the
			 various wastewater collection and treatment units employed at the facility;
(2) the procedures to be employed
			 to remediate, remove, or dispose of wastewater, accumulated sludge in the
			 wastewater lagoon or lagoons, any impermeable synthetic membrane liner,
			 contaminated soils, and contaminated groundwater;
(3) a description regarding the proposed
			 maintenance, deactivation, conversion, or demolition of the wastewater lagoon
			 structure;
(4) procedures
			 addressing the plugging of any water wells or groundwater monitoring wells
			 associated with the facility, wastewater lagoon, or wastewater lagoon system;
			 and
(5) an estimate of the design
			 life of an impermeable synthetic membrane liner if this type of liner is
			 utilized at the wastewater lagoon.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 16 - WATER POLLUTION CONTROL › Section 28-16-174 - Variance from specific requirements

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Each person
			 seeking a variance from any of the requirements in K.A.R. 28-16-160 through
			 28-16-173 shall submit to the secretary, in writing, a request for the variance
			 and shall provide information and data relevant to the variance request, for
			 the secretary's review and consideration for approval.
(b) Each variance request shall specify why
			 the request should be considered and how the requested variance meets the
			 provisions of K.A.R. 28-16-160 through 28-16-173 and provides for protection of
			 public health and the environment.
(c) A variance may be granted by the
			 secretary if the request is in keeping with the provisions of K.A.R. 28-16-160
			 through 28-16-173 and the secretary determines that the requested variance will
			 protect public health and the environment. In evaluating each variance request,
			 site-specific conditions, which may include the depth to groundwater, the
			 quantity of groundwater present, hydrogeologic factors, alternative technical
			 information, and alternative designs, shall be considered by the secretary.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 17 - DIVISION OF VITAL STATISTICS › Section 28-17-1 - Definitions

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) "Birth
			 certificate" means a standard certificate of live birth, a delayed certificate
			 of birth, or a foreign-born certificate.
(b) "Certification" means the action or
			 process that attests to the authenticity of a copy or abstract of any record or
			 certificate pertaining to any birth, adoption, legitimation, death, stillbirth,
			 marriage, divorce, or annulment of marriage within the state of Kansas.
(c) "Delayed certificate of birth"
			 means documentation filed six or more months after a live birth in Kansas that
			 substantiates the birth.
(d)
			 "Foreign-born certificate" means documentation substantiating the birth of
			 either of the following:
(1) An individual
			 who meets the following conditions:
(A) The
			 individual was born outside the United States or trust territories of the
			 United States;
(B) neither parent
			 of the individual was a citizen of the United States; and
(C) the individual was adopted by a Kansas
			 resident or through a Kansas court; or
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 17 - DIVISION OF VITAL STATISTICS › Section 28-17-6 - Fees for copies, abstracts, and searches

Current through Register Vol.
			 43, No. 28, July 11, 2024
(a) The fees for making and certifying copies
			 or abstracts of birth, death, stillbirth, marriage, and divorce certificates
			 shall be $20.00 for the first copy or abstract and $20.00 for each additional
			 copy or abstract of the same record requested at the same time.
(b) The fee for any search or verification of
			 the files and records for birth, death, stillbirth, marriage, or divorce
			 certificates if no certified copy or abstract is made shall be $20.00 for each
			 five-year period for which a search is requested or for each fractional part of
			 a five-year period.
(c) The fee for
			 any search of the files necessary for preparing an amendment to a birth, death,
			 stillbirth, marriage, or divorce certificate or abstract shall be
			 $20.00.
(d) The fees for
			 non-certified copies or abstracts of certificates or parts of certificates
			 requested for statistical research purposes shall be the following:
(1) $15.00 for each copy of a birth, death,
			 marriage, divorce, or stillbirth certificate, if the state certificate number
			 is provided; and
(2) $20.00 for
			 each copy of a birth, death, marriage, divorce, or stillbirth certificate, if
			 the state certificate number is not provided.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 17 - DIVISION OF VITAL STATISTICS › Section 28-17-9 - Approval of application for delayed birth certificate

Current through Register Vol. 43, No. 28, July 11,
			 2024
Each application for a delayed birth certificate, including
				completed forms, as required, and documentary evidence, shall be examined,
				abstracted, and filed or rejected only in the office of vital statistics of the
				department.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 17 - DIVISION OF VITAL STATISTICS › Section 28-17-10 - Delayed certificate of birth

Current through Register Vol.
			 43, No. 28, July 11, 2024
(a) Each request for a delayed certificate of
			 birth shall be registered with the office of vital statistics and shall meet
			 the following requirements:
(1) Be completed
			 with facts known at the time of birth of the registrant; and
(2) if the registrant is at least 18 years of
			 age, be signed before a notary public or other authorized individual. If the
			 registrant is under 18 years of age, the delayed certificate of birth shall be
			 signed by a parent, legal guardian, or attending physician before a notary
			 public or other authorized individual.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 17 - DIVISION OF VITAL STATISTICS › Section 28-17-12 - Delayed certificate of birth or foreign-born certificate; filing fee

Current through Register Vol. 43, No. 28, July 11,
			 2024
Each application for a delayed certificate of birth or a
				foreign-born certificate shall be accompanied by a fee of $30.00 for the filing
				and registration of the delayed certificate of birth or the foreign-born
				certificate. A certified copy of a delayed certificate of birth or a
				foreign-born certificate may be obtained pursuant to
				K.A.R.
				28-17-6.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 17 - DIVISION OF VITAL STATISTICS › Section 28-17-13 - Maternity home, clinic and hospital reports

Current through Register Vol. 43, No. 28, July 11,
			 2024
Each person in charge of a maternity home, clinic or hospital
				shall report to the department on or before the fifth day of each month a
				complete list of births and stillbirths that occurred in the institution during
				the preceding calendar month. The list shall include the child's name and date
				of birth, and the name of the attending physician and shall be submitted on a
				form provided by the department.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 17 - DIVISION OF VITAL STATISTICS › Section 28-17-14 - Required records of institutions

Current through Register Vol. 43, No. 28, July 11,
			 2024
It shall be the duty of the state registrar, or his duly
				authorized agents, to inspect the records of all hospitals and other
				institutions, both public and private, as often as in the judgment of the state
				registrar it may be necessary to do so.
All hospitals and institutions shall keep a record of personal
				particulars and data concerning each person admitted or confined to such
				hospital or other institution. This record shall include such information as
				required by the standard certificate of birth, death, and stillbirth forms
				issued under the provisions of this act. The record shall be made at the time
				of admission from information provided by such person, but when it cannot be so
				obtained, the same shall be obtained from relatives or other persons acquainted
				with the facts. The name and address of the person providing the information
				shall be a part of the record.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 17 - DIVISION OF VITAL STATISTICS › Section 28-17-15 - State registrar to prescribe forms

Current through Register Vol. 43, No. 28, July 11,
			 2024
All paper or electronic forms used in registering, recording,
				and preserving the records shall be prescribed by the department. Each local
				registration officer shall accept and use only forms prescribed by the state
				registrar and shall issue out-of-state transit permits only when the proper
				forms are used and completed.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 17 - DIVISION OF VITAL STATISTICS › Section 28-17-16 - Funeral directors reports

Current through Register Vol. 43, No. 28, July 11,
			 2024
Each funeral director shall submit to the department, on or
				before the fifth day of each month, a report regarding each body prepared for
				burial by that establishment during the preceding calendar month. The report
				shall list:
(a) the name of the
			 deceased;
(b) the date of death;
			 and
(c) the place of death.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 17 - DIVISION OF VITAL STATISTICS › Section 28-17-18 - Divorce or annulment become final

Current through Register Vol. 43, No. 28, July 11,
			 2024
For the purpose only of determining on what date a clerk of a
				district court should submit a report of divorce or annulment of marriage, a
				divorce or annulment decree is final on the date the judgment is rendered by
				the district judge, unless appealed within ten (10) days from that date.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 17 - DIVISION OF VITAL STATISTICS › Section 28-17-19 - Unattended births

Current through Register Vol. 43, No. 28, July 11,
			 2024
Additional information for each unattended birth shall be
				submitted to the office of vital statistics for inclusion on the original birth
				certificate within 90 days of the date the birth certificate is filed with the
				office of vital statistics. If an unattended birth is not registered within six
				months of the date of birth, a delayed birth certificate shall be filed in
				accordance with
				K.S.A.
				65-2419 and
				K.S.A.
				65-2420,
				K.A.R.
				28-17-8,
				K.A.R.
				28-17-9,
				K.A.R.
				28-17-10,
				K.A.R.
				28-17-11 and
				K.A.R.
				28-17-12.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 17 - DIVISION OF VITAL STATISTICS › Section 28-17-20 - Corrections to certificates and records

Current through Register
			 Vol. 43, No. 28, July 11, 2024
Corrections to certificates and records may be made within the
				time limit indicated in each subsection.
(a) Amendments within 90 days.
(1) Within 90 days of receipt of an original
			 vital record in the office of vital statistics, the following records in which
			 an inaccuracy or an incomplete item is apparent on the certificate may be
			 changed to show the accurate and complete facts:
(A) Birth certificates;
(B) any part of a death certificate other
			 than the medical section describing the cause of death;
(C) any part of a stillbirth certificate,
			 other than the medical section describing the cause of death;
(D) marriage certificates; and
(E) divorce certificates.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 17 - DIVISION OF VITAL STATISTICS › Section 28-17-21 - Dissemination of certain information to state and federal agencies

Current through Register Vol. 43, No. 28, July 11,
			 2024
Certain information extracted from death records may be
				released to state and federal agencies in the form of a computer data tape to
				include name of deceased, date of death, date of birth, county of residence,
				and social security number. This information shall be released on an annual
				basis upon written request. The written request shall include: a statement as
				to how the information shall be used; a statement of confidentiality assuring
				the information shall be used for the agreed upon purpose only; and assurance
				that no contact shall be made based upon information obtained. The information
				shall be disseminated to the requestor in a standard format to be determined by
				the department. The state registrar shall determine the fee to be charged for
				the data tape based on costs for providing those services and shall prescribe
				the manner in which those costs are to be paid.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 17 - DIVISION OF VITAL STATISTICS › Section 28-17-22 - Enforcement of uniform vital statistics act

Current through Register Vol. 43, No. 28, July 11,
			 2024
Each violation of
				K.S.A.
				65-2401 et seq., and amendments thereto, and
				these regulations shall, upon discovery of the violation, be reported to the
				state registrar. Each reported case involving any such violation shall then be
				reported by the state registrar to the county attorney, the district attorney,
				or the official acting in that capacity for prosecution, as specified in
				K.S.A.
				65-2434 and amendments thereto.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 18 - ANIMAL AND RELATED WASTE CONTROL › Section 28-18-1 - Definitions

Current through Register Vol. 43, No. 28, July 11,
			 2024
Each of the following terms, as used in this article of the
				department's regulations, shall have the meaning specified in this
				regulation:
(a) "Animal unit" has the
			 meaning specified in
			 K.S.A.
			 65-171d, and amendments thereto.
(b) "Animal unit capacity" has the meaning
			 specified in
			 K.S.A.
			 65-171d, and amendments thereto.
(c) "Animal waste management system" means
			 any land, structures, or practices utilized for the collection, containment,
			 storage, distribution, land application, or disposal of animal or other process
			 wastes generated by confined feeding facilities. This term shall include any of
			 the following:
(1) Site grading to divert
			 extraneous, uncontaminated precipitation runoff around the confined feeding
			 facility;
(2) structures designed
			 and constructed to collect, control the flow of, and direct animal or other
			 process wastes;
(3) vegetation
			 cover utilized for controlling erosion or for filtering animal or other process
			 wastes;
(4) tanks, manure pits, or
			 other structures designed and constructed to collect or store animal or other
			 process wastes;
(5) waste-retention
			 lagoons or ponds;
(6) land used for
			 the application, utilization, or disposal of animal or other process wastes;
			 and
(7) waste treatment
			 facilities.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 18 - ANIMAL AND RELATED WASTE CONTROL › Section 28-18-2 - Registration and application requirements

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Each entity
			 proposing the construction, modification, or expansion of an unregistered
			 confined feeding facility, public livestock market, collection center, or
			 transfer station and each operator of an existing, but unregistered, confined
			 feeding facility, public livestock market, collection center, or transfer
			 station shall submit a registration form for the facility to the secretary, if
			 any of the following conditions is met:
(1)
			 The proposed or existing unregistered facility has an animal unit capacity of
			 300 or more animal units.
(2) The
			 proposed or existing unregistered facility presents a significant water
			 pollution potential, as defined in K.A.R. 28-18-1.
(3) The proposed or existing unregistered
			 facility is required by statute to obtain a permit from the secretary.
(4) The entity proposing the
			 construction, modification, or expansion of an unregistered facility or the
			 operator of an existing unregistered facility elects to register the facility
			 in order to obtain either a permit or certification, even though there is no
			 requirement to obtain a permit or certification.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 18 - ANIMAL AND RELATED WASTE CONTROL › Section 28-18-3 - Separation distance requirements

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Separation
			 distances between confined feeding facilities and any habitable structure shall
			 conform to the provisions and requirements of K.S.A. 1997 Supp.
			 65-171d, as amended by
			 L.
			 1998, ch. 143, sec. 1,
			 and amendments thereto.
(b) The
			 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) 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.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 18 - ANIMAL AND RELATED WASTE CONTROL › Section 28-18-4 - Filing of applications and payment of fees

Current through
			 Register Vol. 43, No. 28, July 11, 2024
(a) Each entity seeking a permit shall submit
			 the application required by K.A.R. 28-16-59.
(b) In order for the department to provide
			 adequate public notice regarding a permit for any proposed new construction or
			 proposed new expansion of a confined feeding facility, a public livestock
			 market, a collection center, a transfer station, or a truck-washing facility
			 for animal wastes, each applicant shall provide to the secretary the name and
			 mailing address of each of the following:
(1)
			 The United States post office or offices serving the immediate area of the
			 confined feeding facility; and
(2)
			 each owner of a habitable structure or any property located within one mile of
			 the confined feeding facility.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 18 - ANIMAL AND RELATED WASTE CONTROL › Section 28-18-5 - Transfer of a permit or certification

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) The automatic
			 transfer of a permit shall be prohibited. Each operator wanting to transfer a
			 water pollution control permit of a confined feeding facility shall make
			 application consistent with the provisions of the regulations in this article.
(b) The automatic transfer of a
			 certification shall be prohibited. Each operator wanting to transfer a
			 certification for a confined feeding facility shall register with the
			 department, in accordance with this article.
(c) The existing permit or certification
			 shall remain in effect until the department authorizes the transfer by letter
			 or reissues the permit or certification.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 18 - ANIMAL AND RELATED WASTE CONTROL › Section 28-18-6 - Development of a draft permit

Current through Register Vol. 43, No. 28, July 11,
			 2024
Development of each draft permit shall be consistent with the
				requirements of
				K.A.R.
				28-16-60.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 18 - ANIMAL AND RELATED WASTE CONTROL › Section 28-18-7 - Public notice of permit actions and public hearings

Current through Register Vol. 43, No. 28, July 11,
			 2024
Public notice of permit actions and public hearings shall be
				consistent with the requirements of
				K.A.R.
				28-16-61. Public hearings scheduled by the
				department shall address only those matters for which the secretary has
				authority.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 18 - ANIMAL AND RELATED WASTE CONTROL › Section 28-18-8 - Permit; terms and conditions

Current through Register Vol. 43, No. 28, July 11,
			 2024
(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) Animal waste management systems shall be
			 designed, constructed, operated, and maintained in a manner that prevents
			 pollution of waters of the state.
(2) Each operator of an animal waste
			 management system for a confined feeding facility who is required to obtain a
			 federal permit shall ensure that the animal waste management system is
			 designed, constructed, operated, and maintained to prevent the discharge of
			 animal or other process wastes to surface waters of the state. Any operator of
			 an animal waste management system of a confined feeding facility may discharge
			 the following to surface waters of the state, whenever precipitation events,
			 either chronic or catastrophic, cause an overflow from an animal waste
			 management system designed, constructed, operated, and maintained to contain
			 all animal and other process wastes:
(A)
			 Animal 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 confined
			 feeding facility.
(3)
(A) Except as provided in paragraph
			 (b)(3)(B), each animal waste management system for any confined feeding
			 facility whose operator is not required to obtain a federal permit shall be
			 designed, constructed, operated, and maintained to prevent the discharge of
			 animal or other process wastes to surface waters of the state as required in
			 paragraph (b)(2).
(B) Any operator
			 of an animal waste management system for a confined feeding facility who is not
			 required to obtain a federal permit may discharge animal 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.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 18 - ANIMAL AND RELATED WASTE CONTROL › Section 28-18-9 - Certification; terms and conditions

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Each operator
			 shall comply with all conditions, requirements, limitations, and operating
			 provisions stipulated in the certification.
(b) Operation of a confined feeding facility
			 in violation of any conditions, requirements, limitations, and operating
			 provisions of a certification, or in a manner that represents a significant
			 water pollution potential, shall result in the revocation of the certification
			 and any appropriate enforcement action. If a significant water pollution
			 potential exists as defined in K.A.R. 28-18-1, the operator shall apply for a
			 permit.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 18 - ANIMAL AND RELATED WASTE CONTROL › Section 28-18-10 - Permits; monitoring and reporting

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Any monitoring
			 and reporting required by the department in the terms and conditions of a
			 permit, certification, order, directive, or consent agreement shall be
			 conducted consistent with the provisions of K.A.R. 28-16-63, as appropriate.
(b) The emergency or accidental
			 discharge, overflow, or unplanned release of animal or other process wastes
			 into surface waters of the state shall be reported to the department, pursuant
			 to K.A.R. 28-16-27, within two hours of discovery. Each operator shall report
			 any emergency, spill, accidental discharge, overflow, or unplanned release
			 associated with animal or other process wastes to the department using
			 telephone numbers as provided by the department. Each operator shall submit a
			 written report to the department within three days of the incident.
(c) Any analysis required by a permit,
			 certification, order, directive, or consent agreement of the department shall
			 be performed in accordance with the provisions of 40 C.F.R. Part 136, as in
			 effect on July 1, 1998, or as approved by the department.
(d) Each analysis shall be performed by a
			 laboratory that has been certified by the department pursuant to
			 K.S.A.
			 65-171l, and amendments thereto, or as
			 approved by the department.
(e) 40
			 C.F.R. Part 136, as in effect on July 1, 1998, is adopted by reference.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 18 - ANIMAL AND RELATED WASTE CONTROL › Section 28-18-11 - Confined feeding facilities; federal requirements

Current through Register Vol. 43, No. 28, July 11,
			 2024
For the purpose of issuing federal permits and administering
				NPDES program requirements, the following definitions and provisions, as in
				effect on July 1, 2006 and as amended by 72 fed. reg. 40250 on July 24, 2007,
				are hereby adopted by reference:
(a)
			 The concentrated animal feeding operation exclusions specified in
			 40 C.F.R.
			 122.3(e) and
			 40 C.F.R.
			 122.3(f);
(b) the provisions addressing concentrated
			 animal feeding operations specified in
			 40 C.F.R.
			 122.23(b), (c), and (e), and
			 122.42(e);
(c) the provisions addressing
			 concentrated aquatic animal feeding operations specified in
			 40 C.F.R.
			 122.24 and appendix C to 40 C.F.R. Part 122;
			 and
(d) except for
			 40 C.F.R.
			 412.32,
			 412.44, and
			 412.46, the provisions addressing
			 effluent limitations for concentrated animal feeding operations specified in 40
			 C.F.R. Part 412.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 18 - ANIMAL AND RELATED WASTE CONTROL › Section 28-18-13 - Operation of animal waste management systems

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Each animal
			 waste management system shall be designed, constructed, maintained, and
			 operated to prevent pollution of waters of the state and to protect public
			 health and the environment.
(b)
			 Each animal waste management system shall be operated according to the plans
			 approved by the secretary.
(c)
			 When a liner is installed or constructed, the operator shall maintain the liner
			 to comply with the minimum standards of design, construction, and maintenance.
			 When soil liners are utilized, no trees or other deeprooted vegetation shall be
			 allowed to grow within 100 feet of the liner. Any mechanical or structural
			 damage to the liner shall be reported to the department within two workdays of
			 identification and shall be repaired in a time frame approved by the secretary
			 and designed to protect public health and the environment.
(d) Each operator shall haul or transport
			 animal or process wastes to land application sites in a manner that prevents
			 loss or spillage during transport.
(e) When land application of animal or other
			 process wastes is practiced, the application shall be conducted considering
			 site-specific conditions to ensure the appropriate agricultural utilization of
			 the nutrients in the animal or process wastes.
(f) Irrigation practices shall be managed to
			 minimize ponding or puddling of animal or other process wastes at the land
			 application site. Irrigation practices shall be managed to ensure that animal
			 or other process wastes are not discharged from the application sites.
(g) Adequate equipment and land
			 application areas shall be available for removal of animal or other process
			 wastes and contaminated storm water runoff from the confined feeding facility
			 to comply with the provisions of the permit and these regulations.
(h)
(1)
			 Unless approved in advance by the secretary, liquid waste, concentrated liquid
			 animal waste, or other liquid process waste shall not be land-applied when the
			 ground is frozen, snow-covered, or saturated, or during a precipitation event.
			 Land application of animal or other process wastes during these periods may be
			 authorized by the secretary for use in filtering animal or other process wastes
			 from retention structures that are properly operated and maintained and that
			 are in imminent danger of overflow to surface waters of the state due to a
			 chronic or catastrophic precipitation event.
(2) Solid animal or other process wastes may
			 be applied to frozen ground only if the proposed application site and practices
			 ensure that the wastes will be retained at the application site.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 18 - ANIMAL AND RELATED WASTE CONTROL › Section 28-18-14 - Inspections

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Each operator
			 shall provide all necessary specialized equipment, clothing, or appurtenances
			 to enable any authorized representative to enter a confined feeding facility
			 for inspection.
(b) Each operator
			 that develops or modifies animal health protocols and that requests KDHE
			 conformance with the protocols shall submit a copy of the protocols to the
			 department within 30 days of establishing or modifying the animal health
			 protocols.
(c) Each operator shall
			 allow any authorized representative following animal health protocols access to
			 any confined feeding facility to conduct an inspection of the animal waste
			 management system.
(d) Each
			 operator shall allow any authorized representative access to conduct periodic
			 inspections and review records at any confined feeding facility, scheduled as
			 follows:
(1) For any confined feeding
			 facility identified as having uncontrolled process wastes, every six months;
			 or
(2) for any confined feeding
			 facility not identified as having uncontrolled process wastes, at least once
			 every five years if the confined feeding facility has a capacity of 300 or more
			 animal units.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 18 - ANIMAL AND RELATED WASTE CONTROL › Section 28-18-15 - Variance of specific requirements

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Each operator
			 seeking a variance from the regulations in this article shall submit to the
			 department a written request for variance from the regulations in this article
			 and shall provide information relevant to the request.
(b) Each request shall specifically set forth
			 why the variance should be considered and how the requested variance addresses
			 the intent of this article.
(c) A
			 variance may be granted by the department whenever site-specific conditions or
			 proposals are in keeping with the purpose and intent of this article.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 18 - ANIMAL AND RELATED WASTE CONTROL › Section 28-18-16 - Waste-retention lagoon or pond closure plan requirements

Current
			 through Register Vol. 43, No. 28, July 11, 2024
(a) Each operator shall notify the department
			 of any intention to cease operation of, close, or abandon the waste-retention
			 lagoon or pond.
(b) Each operator
			 shall maintain and comply with a valid water pollution control permit for the
			 confined feeding facility until closure of the waste-retention lagoon or pond
			 is complete and all materials representing a threat to public health and the
			 environment are removed.
(c) Each
			 operator of a confined feeding facility located over the Equus Beds that is
			 required to obtain a federal permit and proposes the new construction or
			 expansion of a waste-retention lagoon or pond shall develop a waste-retention
			 lagoon or pond closure plan. The operator shall submit the waste-retention
			 lagoon or pond closure plan with the permit application to the department for
			 consideration for approval. When submitting waste-retention lagoon or pond
			 closure plans, each operator shall submit four paper copies or shall transmit
			 an electronic copy of the closure plan.
(d) Each operator of a confined feeding
			 facility required to obtain a federal permit shall develop a waste-retention
			 lagoon or pond closure plan if all of the following conditions are met:
(1) The waste-retention lagoon or pond is
			 located over the Equus Beds.
(2)
			 The operator is applying for the renewal of the permit after the effective date
			 of this regulation.
(3) The
			 operator does not have an approved waste-retention lagoon or pond closure plan.
			 The operator shall submit the closure plan with the permit renewal application
			 to the department. When submitting a waste-retention lagoon or pond closure
			 plan, the operator shall submit four paper copies or shall transmit an
			 electronic copy of the plan.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 18 - ANIMAL AND RELATED WASTE CONTROL › Section 28-18-17 - Groundwater protection requirements for waste-retention lagoons or ponds and waste treatment facilities

Current through Register Vol. 43,
			 No. 28, July 11, 2024
(a) The provisions of this article of the
			 department's regulations shall not apply to any permitted waste-retention
			 lagoon or pond or waste treatment facility that was in existence on March 16,
			 2007 or that the secretary approved for construction before March 16, 2007,
			 unless information becomes available showing that the waste-retention lagoon or
			 pond or the waste treatment facility presents an imminent threat to public
			 health or the environment.
(b)
(1) The provisions of this article of the
			 department's regulations shall not apply to any existing or proposed
			 waste-retention lagoon or pond or waste treatment facility located at a
			 confined feeding facility if all of the following conditions are met:
(A) The confined feeding facility existed on
			 July 1, 1994.
(B) The operator
			 registered the confined feeding facility with the secretary before July 1,
			 1996.
(C) The capacity of the
			 existing or proposed wasteretention lagoon or pond or waste treatment facility
			 is not greater than what was necessary to serve the confined feeding facility
			 as described in the registration application submitted before July 1,
			 1996.
(D) The separation distance
			 from the bottom of the existing or proposed waste-retention lagoon or pond or
			 waste treatment facility to groundwater is less than 10 feet.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 18a - SWINE AND RELATED WASTE CONTROL › Section 28-18a-1 - Definitions

Current through Register Vol. 43, No. 28, July 11,
			 2024
The following terms, and abbreviations shall have the following
				meanings, unless otherwise defined in an individual regulation or unless a
				different meaning is clear from the context in which it is used. Terms and
				abbreviations not provided in this article shall have the meanings specified in
				K.S.A.
				65-101 et seq. and amendments thereto;
				articles 5, 16, 18, and 30; or the clean water act (CWA). If the same word is
				defined both in Kansas statutes or the regulations of this article and in any
				federal regulation adopted by reference in these regulations or in state
				regulations referenced in this article and the definitions are not identical,
				the definition prescribed in Kansas statutes or the regulations of this article
				shall control.
(a) "Agronomic
			 application rates" has the meaning specified in
			 K.S.A.
			 2-3302, and amendments thereto, and is
			 regulated by the secretary of the Kansas department of agriculture.
(b) "Animal unit" has the meaning specified
			 in K.S.A.
			 65-171d, and amendments thereto.
(c) "Animal unit capacity" has the meaning
			 specified in
			 K.S.A.
			 65-171d, and amendments thereto.
(d) "Best available technology for swine
			 facilities" has the meaning specified in
			 K.S.A.
			 65-1,178, and amendments thereto.
(e) "Best management practices for swine
			 facilities" has the meaning specified in
			 K.S.A.
			 65-1,178, and amendments thereto.
(f) "Certification" means a document issued
			 by the secretary in lieu of a water pollution control permit, indicating that
			 the facility meets applicable animal waste management statutes and regulations
			 and does not represent a significant water pollution potential.
(g) "Change in operation" and "modification"
			 mean any of the following:
(1) Expansion or
			 enlargement of a facility beyond the scope or boundaries established by
			 registration, permit, certification, or approved plans and specifications;
(2) any increase in the animal
			 unit capacity beyond that authorized by a permit or certification; or
(3) a change in construction or
			 operation of a swine facility that affects the collecting, storage, handling,
			 treatment, utilization, or disposal of swine or other process wastes.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 18a - SWINE AND RELATED WASTE CONTROL › Section 28-18a-2 - Registration and application requirements

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Each entity
			 proposing the construction, modification, or expansion of an unregistered swine
			 facility, public livestock market, collection center, or transfer station, and
			 each swine operator of an existing unregistered swine facility, public
			 livestock market, collection center, or transfer station shall submit a
			 registration form for the facility to the secretary, if any of the following
			 conditions is met:
(1) The proposed or
			 existing unregistered facility has an animal unit capacity of 300 or more
			 animal units.
(2) The proposed or
			 existing unregistered facility presents a significant water pollution potential
			 as defined in K.A.R. 28-18a-1.
(3)
			 The entity or swine operator is required by statute to obtain a permit for the
			 facility.
(4) The entity or swine
			 operator elects to register the facility in order to obtain a permit or
			 certification, even though there is no requirement to obtain a permit or
			 certification.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 18a - SWINE AND RELATED WASTE CONTROL › Section 28-18a-3 - Separation distance requirements

Current through Register Vol. 43, No. 28, July 11,
			 2024
(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.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 18a - SWINE AND RELATED WASTE CONTROL › Section 28-18a-4 - Filing of applications and payment of fees

Current through
			 Register Vol. 43, No. 28, July 11, 2024
(a) Each applicant for a swine facility
			 permit shall submit the application required by K.A.R. 28-16-59 or
			 K.S.A.
			 65-1,178 and amendments thereto, as
			 applicable.
(b) In order for the
			 department to provide adequate public notice regarding a permit for any
			 proposed new construction or proposed new expansion of a swine facility, each
			 applicant for a swine facility permit shall provide to the secretary the name
			 and mailing address of each of the following:
(1) The United States post office or offices
			 serving the immediate area of the swine facility; and
(2) each owner of a habitable structure or
			 any property located within one mile of the swine facility perimeter, pursuant
			 to
			 K.S.A.
			 65-171d and amendments thereto.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 18a - SWINE AND RELATED WASTE CONTROL › Section 28-18a-5 - Transfer of a permit or certification

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) The automatic
			 transfer of a permit shall be prohibited. Each swine operator wanting to
			 transfer a water pollution control permit of a confined feeding facility shall
			 make application consistent with the provisions of the regulations in this
			 article.
(b) The automatic
			 transfer of a certification shall be prohibited. Each swine operator wanting to
			 transfer a certification for a confined feeding facility shall register with
			 the department, in accordance with this article.
(c) The existing permit or certification
			 shall remain in effect until the department authorizes the transfer by letter
			 or reissues the permit or certification.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 18a - SWINE AND RELATED WASTE CONTROL › Section 28-18a-6 - Development of a draft permit

Current through Register Vol. 43, No. 28, July 11,
			 2024
Development of each draft permit shall be consistent with the
				requirements of
				K.A.R.
				28-16-60.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 18a - SWINE AND RELATED WASTE CONTROL › Section 28-18a-7 - Public notice of permit actions and public hearings

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Public notice
			 of permit actions and public hearings shall be consistent with the requirements
			 of K.A.R. 28-16-61. Public hearings scheduled by the department shall address
			 only those matters for which the secretary has authority.
(b) A swine operator proposing either new
			 construction of a swine facility or new expansion of an existing swine facility
			 shall meet the following requirements:
(1)
			 Publish a single notice of application in the official county newspaper and in
			 a newspaper regularly published and generally circulated serving the county and
			 general area of the proposed or existing swine facility, notifying the public
			 of the proposal. If the official county newspaper is regularly published and
			 generally circulated throughout the county and general area of the proposed or
			 existing swine facility, a single notice in the official county newspaper shall
			 be adequate. If a proposed or existing facility site is within one mile of an
			 adjoining county, a single notification shall also be provided in the official
			 newspaper serving the adjoining county.
(A)
			 Publication of the notice in the newspaper or newspapers by the swine operator
			 shall be made before the department can place the permit on public notice in
			 the Kansas register. The operator shall be responsible for the cost of
			 publication in the newspaper or newspapers.
(B) The notice that the swine operator shall
			 publish in the newspaper or newspapers shall contain the information pursuant
			 to L.
			 1998, ch. 143, sec. 3,
			 and amendments thereto [K.S.A. 1998 Supp.
			 65-1,179(c), and
			 amendments thereto].