Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 18 - ANIMAL AND RELATED WASTE CONTROL › Section 28-18-12 - Design and construction of animal waste management systems

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) If a confined
			 feeding facility represents a significant water pollution potential or if the
			 operator of a facility is required by statute or regulation to obtain a permit,
			 as determined by the secretary, the operator shall provide an animal waste
			 management system that is designed in accordance with the minimum standards of
			 design, construction, and maintenance and is constructed and operated in
			 accordance with construction plans, specifications, and either a waste
			 management plan or nutrient management plan approved by the secretary. If site
			 topography, operating procedures, experience, and other available information
			 indicate that more than the minimum standards of design, construction, and
			 maintenance are required to effect adequate water pollution control, additional
			 provisions may be required. Each applicant shall ensure that any new
			 construction or new expansion of a confined feeding facility or animal waste
			 management system meets the requirements of the "minimum standards of design,
			 construction, and maintenance," as defined in K.A.R. 28-18-1.
(b) The operator shall not initiate operation
			 of the new confined feeding facility or animal waste management system or the
			 expanded portions of any existing confined feeding facility or animal waste
			 management system, until after issuance of the new or modified permit by the
			 secretary. Initiation of construction before the issuance of a new or modified
			 permit by the secretary shall be deemed to be solely at the risk of the
			 operator.
(c) For the purpose of
			 these regulations, each reference to a professional engineer or consultant
			 shall be deemed to designate an individual offering a service for a fee for the
			 design of a confined feeding facility or animal waste management system,
			 exclusive of any nutrient utilization plan, soil or cropping consultations,
			 hydrologic work involved in conducting hydrologic or geologic investigations,
			 or in the siting, design, or construction of groundwater monitoring wells. Each
			 reference to a professional engineer shall be deemed to designate an individual
			 licensed to practice engineering in Kansas by the Kansas state board of
			 technical professions.
(d)
			 Consultants that prepare plans and specifications for the new construction or
			 new expansion of confined feeding facilities that are submitted to comply with
			 statutes and regulations shall provide KDHE with documentation that adequate
			 general commercial liability insurance coverage addressing errors and omissions
			 in the design plans and specifications has been obtained and is in effect.
(e)
(1) Each operator shall initiate any proposed
			 new construction or new expansion of a confined feeding facility that has been
			 approved by the secretary and for which the required permit or permit
			 modification has been issued, within two years after the date on which the
			 permit or permit modification is effective or pursuant to the requirements of
			 the permit issued by the secretary. Each operator shall complete any proposed
			 new construction or new expansion of a confined feeding facility that has been
			 approved by the secretary and for which the required permit or permit
			 modification is issued, within three years after the date on which the permit
			 or permit modification is effective or as required by the permit issued by the
			 secretary.
(2) Failure to initiate
			 the approved construction or expansion within two years and to complete the
			 approved construction or expansion within three years after the effective date
			 of the permit or permit modification shall void the secretary's approval of the
			 construction plans, specifications, and other associated plans. If phased
			 construction is proposed, the initiation and completion of construction shall
			 conform to the schedule stipulated by the secretary.
(3) If the approval becomes void, the permit
			 or permit modification shall remain in effect for the term of the permit, but
			 the operator shall resubmit the construction plans, specifications, and other
			 associated plans to the secretary for review and consideration for approval
			 before initiating the construction or expansion of a confined feeding facility.