Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 18a - SWINE AND RELATED WASTE CONTROL › Section 28-18a-12 - Design and construction of swine waste management and swine pollution control systems

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) If a swine
			 facility represents a significant water pollution potential or if the swine
			 operator of the swine facility is required by statute or regulation to obtain a
			 permit, as determined by the secretary, the swine operator shall provide a
			 swine waste management or pollution control 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 swine
			 facility, swine waste management system, or swine pollution control system
			 meets the requirements of the "minimum standard of design, construction, and
			 maintenance," as defined in K.A.R. 28-18a-1.
(b) The swine operator shall not initiate
			 operation of any new swine facility, new swine waste management system, or new
			 swine pollution control system, or expanded portions of any existing swine
			 facility, existing swine waste management system, or existing swine pollution
			 control 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 swine
			 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 swine facility, swine waste management system, or swine pollution
			 control system, exclusive of the 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 swine 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 swine 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 swine 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 the swine facility.