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Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 18a - SWINE AND RELATED WASTE CONTROL › Section 28-18a-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) Swine waste management and pollution
			 control systems shall be designed, constructed, operated, and maintained in a
			 manner that prevents pollution of waters of the state.
(2) Each operator of a swine waste management
			 and pollution control system for a swine facility with an animal unit capacity
			 of 1,000 or more shall ensure that the swine waste management and pollution
			 control system is designed, constructed, operated, and maintained to prevent
			 the discharge of swine or other process wastes to surface waters of the state.
			 Any operator of a swine waste management and pollution control system may
			 discharge the following to surface waters of the state, whenever precipitation
			 events, either chronic or catastrophic, cause an overflow from a swine waste
			 management or pollution control system designed, constructed, operated, and
			 maintained to contain all swine and other process wastes:
(A) Swine 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
			 swine facility.
(3)
(A) Except as provided in paragraph
			 (b)(3)(B), each swine waste management and pollution control system for any
			 swine facility with an animal unit capacity of 999 or less shall be designed,
			 constructed, operated, and maintained to prevent the discharge of swine or
			 other process wastes to surface waters of the state as required in paragraph
			 (b)(2).
(B) Any operator of a
			 swine waste management and pollution control system for a swine facility with
			 an animal unit capacity of 999 or less may discharge swine waste 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 18a - SWINE AND RELATED WASTE CONTROL › Section 28-18a-9 - Certification; terms and conditions

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Each swine
			 operator shall comply with all conditions, requirements, limitations, and
			 operating provisions stipulated in the certification.
(b) Operation of a swine 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 swine operator shall apply
			 for a permit.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 18a - SWINE AND RELATED WASTE CONTROL › Section 28-18a-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 swine 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 swine 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 18a - SWINE AND RELATED WASTE CONTROL › Section 28-18a-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) 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 18a - SWINE AND RELATED WASTE CONTROL › Section 28-18a-13 - Manure management plan for swine

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) A manure
			 management plan shall be developed and implemented for any proposed new swine
			 facility, proposed expansion of an existing swine facility, or existing swine
			 facility with an animal unit capacity of 1,000 or more, pursuant to
			 L.
			 1998, ch. 143, sec. 5,
			 and amendments thereto [K.S.A. 1998 Supp.
			 65-1,181 and amendments thereto].
			 When submitting manure management plans to the department for approval, each
			 swine operator shall submit at least four copies of the plan.
(b) The manure management plan shall describe
			 the methods for, and shall account for, the disposal of all swine or other
			 process wastes generated by the swine facility. The plan shall include a
			 description of the following:
(1) The source
			 or sources and volume of swine or other process wastes generated by the swine
			 facility;
(2) the method for
			 collecting the swine or other process wastes by the swine facility;
(3) the manner in which the swine or other
			 process wastes shall be directed to any treatment or storage system;
(4) a description of each treatment system
			 utilized;
(5) a description of
			 each storage system utilized;
(6)
			 the location of any sites, including the legal description, where land
			 application of swine or other process wastes will take place;
(7) the method of ultimate disposal or
			 utilization of the swine or other process wastes; and
(8) the procedures to be employed and the
			 information to be retained and provided, pursuant to
			 L.
			 1998, ch. 143, sec. 5,
			 and amendments thereto [K.S.A. 1998 Supp.
			 65-1,181, and amendments thereto],
			 if swine or other process waste is to be sold or given to a person not employed
			 by the facility and is to be disposed of by means other than land application
			 on areas covered by the facility nutrient utilization plan.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 18a - SWINE AND RELATED WASTE CONTROL › Section 28-18a-14 - Nutrient utilization plan for swine

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) A nutrient
			 utilization plan shall be developed and implemented for each proposed new swine
			 facility, proposed expansion of an existing swine facility, or existing swine
			 facility with an animal unit capacity of 1,000 or more that applies swine or
			 other process wastes to the land, pursuant to
			 L.
			 1998, ch. 143, sec. 6,
			 and amendments thereto [K.S.A. 1998 Supp.
			 65-1,182, and amendments thereto].
			 When submitting nutrient utilization plans to the department, each swine
			 operator shall submit at least five copies of the plan.
(b) Each swine facility required to develop
			 and implement a nutrient utilization plan shall amend the plan and submit the
			 plan to the department whenever specifically directed by the department or
			 whenever warranted by one or more of the following:
(1) Changes in operation of the swine
			 facility;
(2) a change or
			 modification in the swine waste management or pollution control system; or
(3) other conditions affecting the
			 swine facility, waste management system, or pollution control system.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 18a - SWINE AND RELATED WASTE CONTROL › Section 28-18a-15 - Odor control plan for swine

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) An odor control
			 plan shall be developed for each proposed new swine facility, proposed
			 expansion of an existing swine facility, or existing swine facility with an
			 animal unit capacity of 1,000 or more, pursuant to
			 L.
			 1998, ch. 143, sec. 11,
			 and amendments thereto [K.S.A. 1998 Supp.
			 65-1,187, and amendments thereto].
			 When submitting odor control plans to the department for approval, each swine
			 operator shall submit at least four copies of the plan.
(b) Each swine facility required to develop
			 and implement an odor control plan shall amend the plan and submit the plan to
			 the department for approval, whenever specifically directed by the department
			 or whenever warranted by one or more of the following:
(1) Changes in operation of the swine
			 facility;
(2) a change or
			 modification in the swine waste management or pollution control system; or
(3) other conditions affecting the
			 swine facility, waste management system, or pollution control system.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 18a - SWINE AND RELATED WASTE CONTROL › Section 28-18a-16 - Emergency response plan for swine

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) An emergency
			 response plan shall be developed and implemented for each proposed new swine
			 facility, proposed expansion for an existing swine facility, or existing swine
			 facility with an animal unit capacity of 1,000 or more, pursuant to
			 L.
			 1998, ch. 143, sec. 8,
			 and amendments thereto [K.S.A. 1998 Supp.
			 65-1,184, and amendments thereto].
			 When submitting emergency response plans to the department for approval, each
			 swine operator shall submit at least four copies of the plan.
(b) The emergency response plan for swine
			 shall include, at a minimum, the following information:
(1) A description of potential sources,
			 activities, and materials that may reasonably be expected to or could
			 potentially result in pollution from an unauthorized discharge, spill, or
			 release of swine or other wastes from the swine facility;
(2) a map, indicating an outline of the
			 potential discharge area of the facility and existing structural control
			 measures designed to contain or control any unauthorized discharge, spill, or
			 release of swine or other process wastes from the swine facility;
(3) a spill contingency plan for swine or
			 other process wastes;
(4)
			 procedures for notification of the department;
(5) procedures to mitigate any adverse
			 impacts of the emergency event; and
(6) training requirements for employees or
			 contractors.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 18a - SWINE AND RELATED WASTE CONTROL › Section 28-18a-17 - Dead swine handling plan

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) A dead swine
			 handling plan shall be developed and implemented for each proposed new swine
			 facility, proposed expansion of an existing swine facility, or existing swine
			 facility with an animal unit capacity of 1,000 or more, pursuant to
			 L.
			 1998, ch. 143, sec. 17,
			 and amendments thereto [K.S.A. 1998 Supp.
			 65-1,188, and amendments thereto].
			 When submitting dead swine handling plans to the department for approval, each
			 swine operator shall submit at least four copies of the plan.
(b) The dead swine handling plan shall
			 include, at a minimum, the following information:
(1) A description of how dead swine are to be
			 handled before disposal, to decrease the possibility of spreading disease and
			 preclude contamination of waters of the state. The description shall address
			 the handling of carcasses associated with both normal mortality and a major
			 disease outbreak or other situation that results in deaths significantly higher
			 than normal mortality;
(2) the
			 method of and location or locations at the facility to be utilized for
			 temporary storage of the swine carcasses;
(3) the ultimate method or methods of
			 disposal that will be utilized for the facility, including burial, rendering,
			 incineration, composting or other methods as approved by the Kansas animal
			 health department;
(4) procedures
			 to be utilized to minimize the potential for pests and odors; and
(5) training requirements for employees and
			 contractors.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 18a - SWINE AND RELATED WASTE CONTROL › Section 28-18a-18 - Groundwater monitoring for swine facilities

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) The
			 installation and sampling of groundwater monitoring wells shall be conducted
			 pursuant to
			 L.
			 1998, ch. 143, secs. 4
			 and 5, and amendments thereto [K.S.A. 65-1,180 and
			 65-1,181, and amendments thereto].
(b) Any swine facility shall, when
			 required by the department, provide for the installation and sampling of
			 groundwater monitoring wells or the sampling of existing wells in the vicinity
			 of waste-retention lagoons or ponds, waste treatment systems, land application
			 sites, or other areas either known to be or potentially impacted by swine or
			 other process wastes, or where warranted by groundwater, geologic, or
			 construction conditions.
(c) Where
			 a groundwater monitoring system is required by the department, the proposed
			 location and design of the monitoring wells shall be approved by the department
			 before being constructed.
(d) All
			 water supply or groundwater monitoring wells shall be constructed by a water
			 well contractor or driller licensed in Kansas, in conformance with regulations
			 adopted pursuant to the Kansas groundwater exploration and protection act,
			 K.S.A.
			 82a-1201 et seq., and amendments thereto.
(e) For the construction of a new
			 swine facility, groundwater monitoring wells shall be sampled and analyzed to
			 establish background concentrations of chemical parameters designated by the
			 department before the facility is populated. For the installation of monitoring
			 wells at existing facilities, each monitoring well shall be monitored within
			 two months of installation to establish a baseline for the chemical parameters
			 designated by the department.
(f)
			 Background, baseline, and other data from monitoring wells shall be maintained
			 for the life of the facility.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 18a - SWINE AND RELATED WASTE CONTROL › Section 28-18a-19 - Operation of swine waste management and swine pollution control systems

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Each swine
			 waste management system and swine pollution control 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 swine waste management system and
			 each swine pollution control 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
			 swine or process wastes to land application sites in a manner that prevents
			 loss or spillage during transport.
(e) When land application of swine or other
			 process wastes is practiced, the application shall be conducted at agronomic
			 rates.
(f) Irrigation practices
			 shall be managed to minimize ponding or puddling of swine or other process
			 wastes at the land application site. Irrigation practices shall be managed to
			 ensure that swine or other process wastes are not discharged from the
			 application sites.
(g) Adequate
			 equipment and land application areas shall be available for removal of swine or
			 other process wastes and contaminated storm water runoff from the swine
			 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 swine 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 swine or other process wastes during these periods may be authorized by the
			 secretary for use in filtering swine 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 swine 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 18a - SWINE AND RELATED WASTE CONTROL › Section 28-18a-20 - Denial, suspension, revocation, or termination of a permit or certification for swine facilities

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) A permit or
			 certification may be denied, suspended, revoked, or terminated, pursuant to
			 K.S.A. 1997 Supp.
			 65-171d, as amended by
			 L.
			 1998, ch. 143, sec. 1,
			 L.
			 1998, ch. 143, sec. 16,
			 and amendments thereto [K.S.A. 1998 Supp.
			 65-171d, K.S.A. 1998 Supp.
			 65-1,193, and amendments thereto].
(b) A permit or certification may
			 be denied, suspended, revoked, or terminated for any of the following reasons:
(1) Misrepresentation or omission of a
			 significant fact by the swine operator, either in the application for the
			 permit or in information subsequently reported to the department;
(2) improper operation of the confined
			 feeding facility, swine waste management system, or pollution control system,
			 including any land application areas that cause pollution or a public health
			 hazard;
(3) violation of any
			 provision of
			 K.S.A.
			 65-159 et seq. and amendments thereto, any
			 regulations of article 16 and article 18, or other restrictions set forth in
			 the permit, certification, or waiver; or
(4) failure to comply with an order or
			 modified permit issued by the secretary.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 18a - SWINE AND RELATED WASTE CONTROL › Section 28-18a-21 - Inspections

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Each swine
			 operator shall provide all necessary specialized equipment, clothing, or
			 appurtenances to enable a department inspector to enter the facility for
			 inspection.
(b) Each swine
			 operator that develops or modifies the biosecurity 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 biosecurity
			 protocols.
(c) If any department
			 inspector conducting an inspection of a confined feeding facility complies with
			 the facility's biosecurity protocol, that inspector shall be allowed to access
			 the animal waste management system to conduct inspections. Biosecurity
			 protocols shall not restrict the reasonable access of any department inspector.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 18a - SWINE AND RELATED WASTE CONTROL › Section 28-18a-22 - Swine facility closure requirements

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Each swine
			 operator of a swine facility permitted by the department shall notify the
			 department of any plans to cease operation of, close, or abandon the swine
			 facility.
(b) Each swine operator
			 shall maintain and comply with a valid water pollution control permit for the
			 swine facility until closure of the swine facility is complete and all
			 materials representing a threat to public health and the environment are
			 removed.
(c)
(1) Each permit applicant for each proposed
			 new swine facility or new swine waste-retention lagoon or pond, proposed
			 expansion of an existing swine facility, or proposed expansion of an existing
			 swine waste-retention lagoon or pond shall develop and implement a swine
			 facility closure plan or swine waste-retention lagoon or pond closure plan if
			 either of the following conditions is met:
(A)
(i) The
			 new swine facility or expanded swine facility is proposed to have an animal
			 unit capacity of 1,000 or more; and
(ii) the swine facility is proposed to be
			 located over the Equus Beds; or
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 18a - SWINE AND RELATED WASTE CONTROL › Section 28-18a-23 - Financial assurance for swine facility closure

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) On or before
			 July 1, 1999 and annually thereafter before January 1 of each year, each
			 operator of a swine facility with an animal unit capacity of 3,725 or more
			 shall provide evidence, satisfactory to the department, that the operator has
			 the financial ability to cover the cost of closure of the swine facility, as
			 required by the department.
(b)
			 For new construction or new expansion of a swine facility with a proposed
			 animal unit capacity of 3,725 or more, the swine operator shall provide
			 evidence, satisfactory to the department, that the operator has the financial
			 ability to cover the cost of closure of the proposed new construction or
			 expansion at the time the application is submitted to the department for
			 review.
(c) Each operator of a
			 swine facility with an animal unit capacity of 3,725 or more shall submit, as a
			 part of the evidence provided to the department, a detailed written estimate in
			 current dollars of the cost to close the swine facility in a manner acceptable
			 to the department. The estimate shall be prepared by a professional engineer or
			 consultant approved by the department.
(d) Each operator shall develop an estimate
			 of the cost to close the swine facility as follows:
(1) The estimate shall be based on the cost
			 charged by a third party to collect and dispose of all swine or other process
			 wastes stored or retained at the swine facility, excluding the swine
			 waste-retention lagoons or ponds, at a specifically identified off-site
			 application area.
(2) All waste
			 management and pollution control system components shall be assumed to be at
			 maximum capacity.
(3) The costs
			 attributable to the swine waste-retention lagoons or ponds shall be excluded
			 from the estimate.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 18a - SWINE AND RELATED WASTE CONTROL › Section 28-18a-24 - Financial assurance for swine waste-retention lagoon or pond closure

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Before January
			 15 each year, each swine operator of a swine facility with an animal unit
			 capacity of 3,725 or more that utilizes swine waste-retention lagoons or ponds
			 shall provide evidence, satisfactory to the department, that the swine operator
			 has the financial ability to cover the cost of closure of the swine
			 waste-retention lagoons or ponds as required by the department.
(b) For new construction or new expansion of
			 a swine facility with a proposed animal unit capacity of 3,725 or more that
			 employs the use of swine waste-retention lagoons or ponds, the swine operator
			 shall provide evidence, satisfactory to the department, that the swine operator
			 has the financial ability to cover the cost of closure of the proposed swine
			 waste-retention lagoons or ponds at the time the application is submitted to
			 the department for review.
(c) Each
			 swine operator of a swine facility with an animal unit capacity of 3,725 or
			 more shall submit, as a part of the evidence provided to the department, a
			 detailed written estimate in current dollars of the cost to close the swine
			 waste-retention lagoons or ponds in a manner acceptable to the department. The
			 estimate shall be prepared by a professional engineer or consultant approved by
			 the department.
(d) To estimate the
			 cost to close the swine wasteretention lagoons or ponds, the swine operator
			 shall consider the following:
(1) The cost of
			 the swine waste-retention lagoons or ponds closure by determining the cost of a
			 third party to collect and dispose of all swine or other process wastes stored
			 or retained on-site in the lagoons or ponds at a specifically identified
			 off-site application area; and
(2)
			 all swine waste-retention lagoons or ponds to be 100 percent full, for the
			 purpose of estimating costs.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 18a - SWINE AND RELATED WASTE CONTROL › Section 28-18a-25 - Variance of specific requirements

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Each swine
			 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 18a - SWINE AND RELATED WASTE CONTROL › Section 28-18a-26 - Requirements for swine facility operator certification

Current through Register Vol. 43, No. 28, July 11,
			 2024
Each operator of a swine facility with an animal unit capacity
				of 1,000 or more that is required to have a permit shall obtain a swine waste
				management and swine pollution control system operator certificate. Each swine
				operator that desires or is required to obtain a swine facility operator
				certificate shall meet the following requirements:
(a) Each applicant shall be a swine facility
			 operator who maintains or supervises a swine waste management or swine
			 pollution control system.
(b) Each
			 swine facility operator shall submit a complete application and the appropriate
			 fee to the department. The application shall be received by the department at
			 least two weeks before the scheduled examination date. Late applications shall
			 not be accepted for the scheduled examination date.
(c) If an applicant provides false
			 information on an application, the applicant shall not be accepted for
			 examination, and the fee submitted with the application shall not be returned
			 to the applicant. The applicant shall be notified of the decision denying
			 acceptance for examination and shall not be allowed to take the examination for
			 two consecutive years.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 18a - SWINE AND RELATED WASTE CONTROL › Section 28-18a-27 - Eligibility for swine facility operator certification

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Each applicant
			 for certification shall meet the following requirements:
(1) Submit a completed application, on forms
			 provided by the department and with the appropriate fees; and
(2) complete six hours of training, as
			 approved by the department.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 18a - SWINE AND RELATED WASTE CONTROL › Section 28-18a-28 - Swine facility operator certification examinations

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Each applicant
			 for a swine facility operator certificate shall pass a written examination
			 administered by the department or a designee.
(b) Each swine operator who seeks to obtain a
			 swine facility operator certification and who has allowed a certificate to
			 lapse for a period of two years or more shall submit an application and fee,
			 receive at least six hours of approved training, and pass a written
			 examination.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 18a - SWINE AND RELATED WASTE CONTROL › Section 28-18a-29 - Noncertified operators responsible for the operation and management of swine facilities, swine waste management systems, or pollution control systems

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Each
			 noncertified operator of a new or proposed swine facility with an animal unit
			 capacity of 1,000 or more shall notify the department within 30 days of the
			 initial start-up of the facility that the operator is the designated facility
			 operator. The operator shall be designated as an "operator in training (OIT)."
			 The operator shall obtain six hours of approved training and shall obtain the
			 certification within one year of the notification to KDHE. Each noncertified
			 operator of a swine facility with an animal unit capacity of 1,000 or more
			 shall notify the department within 30 days of assuming responsibility for the
			 operation of the swine facility.
(b) The OIT designation shall be renewed only
			 once, if it is demonstrated to the department that the operator is attending
			 training sessions or studying correspondence courses in preparation to retake
			 the examination.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 18a - SWINE AND RELATED WASTE CONTROL › Section 28-18a-30 - Issuance of certificate of competency

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Upon
			 fulfillment of the requirements in K.A.R. 28-18-26, 28-18-27, and 28-18-28, a
			 certificate shall be issued to the applicant. The certificate shall designate
			 that the swine operator is qualified to operate and maintain a swine facility,
			 swine waste management system, and pollution control system. This certificate
			 shall be effective for five years from the date of issuance.
(b) A certificate may be issued, through
			 reciprocity, to an applicant who has been issued a swine operator, or
			 equivalent, certification in another state when the department determines that
			 the standards for training and certification meet or exceed the requirements of
			 the department. The swine operator shall provide any information that the
			 department requires to determine whether or not a certificate may be issued
			 through reciprocity.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 18a - SWINE AND RELATED WASTE CONTROL › Section 28-18a-31 - Swine operator certification fees

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Fees for swine
			 operator certification shall be as follows:
(1) Operator in training (one-year
			 certificate) No charge
(2)
			 operator in training (renewal of one year) $5.00
(3) examination fee $25.00
(4) five-year renewal of certificates $50.00
(5) reinstatement of lapsed
			 certificate up to one year after renewal date $70.00
(6) reinstatement of lapsed certificate
			 between one and two years after renewal date $80.00
(7) reciprocity fee $65.00
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 18a - SWINE AND RELATED WASTE CONTROL › Section 28-18a-33 - Groundwater protection requirements for swine waste-retention lagoons or ponds, swine waste management systems, and waste treatment facilities

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) The provisions
			 of this article shall not apply to any permitted swine waste-retention lagoon
			 or pond or swine waste management system, or waste treatment facility that is
			 in existence or that the secretary approved for construction before the
			 effective date of this regulation, unless information becomes available showing
			 that the swine waste-retention lagoon or pond, swine waste management system,
			 or waste treatment facility presents an imminent threat to public health or the
			 environment.
(b)
(1) The provisions of this article shall not
			 apply to any existing or proposed swine waste-retention lagoon or pond, swine
			 waste management system, or waste treatment facility located at a swine
			 facility if all of the following conditions are met:
(A) The swine facility existed on July 1,
			 1994 and is still in existence as defined in
			 K.S.A.
			 65-1,178, and amendments thereto.
(B) The swine operator registered the swine
			 facility with the secretary before July 1, 1996.
(C) The capacity of the existing or proposed
			 swine waste-retention lagoon or pond, swine waste management system, or waste
			 treatment facility is no larger than that necessary to serve the facility as
			 described in the registration application submitted before July 1, 1996.
(D) The separation distance from
			 the bottom of the existing or proposed swine waste-retention lagoon or pond,
			 swine waste management system, or waste treatment facility to groundwater is
			 less than 10 feet.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 19 - AMBIENT AIR QUALITY STANDARDS AND AIR POLLUTION CONTROL › Section 28-19-8 - Reporting required

Current through Register Vol. 43, No. 28, July 11,
			 2024
The references in
				K.A.R.
				28-19-9(a) and
				K.A.R.
				28-19-16b to reporting requirements under
				this regulation, the reference in
				K.A.R.
				28-19-16b to the information required to be
				included in a permit application by
				K.A.R.
				28-19-8(a), and any other
				reference in these regulations to the requirements of
				K.A.R.
				28-19-8, shall be interpreted to require
				compliance with
				K.A.R.
				28-19-300 through
				K.A.R.
				28-19-304.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 19 - AMBIENT AIR QUALITY STANDARDS AND AIR POLLUTION CONTROL › Section 28-19-9 - Time schedule for compliance

Current through Register Vol. 43, No. 28, July 11,
			 2024
Except as otherwise noted in specific emission control
				regulations, compliance with these regulations shall be according to the
				following schedules:
(a) All new air
			 contaminant emission sources or alterations to emission sources that are
			 required to be reported under the provisions of K.A.R. 28-19-8(a) shall be in
			 compliance with all applicable emission control regulations at the time that
			 they go into operation. The department may authorize the operation of a new or
			 altered emission source for any additional specified time periods that are
			 required to make necessary adjustments on the equipment before compliance can
			 be demonstrated. This authorization shall be granted only at the request of the
			 operator and under conditions that are approved by the department.
(b) Any air contaminant emission source that
			 was operating, under construction or under purchase contract on January 1,
			 1971, and that has not previously been required to comply with any emission
			 control requirement in these regulations shall comply with that emission
			 control requirement or those requirements within 180 days after the department
			 notifies the owner or operator that the emission source is required to be
			 reported under the provisions of K.A.R. 28-19-8(a).
(c) The owner or operator of any portable
			 stationary air contaminant emission source that has been issued a permit under
			 K.A.R 28-19-14 and which is moved to another location within the state shall
			 report the move to the department, in writing, at least 10 days before the
			 source commences operation at the new location. The report shall identify the
			 equipment being moved, describe the old and the new location, indicate the
			 scheduled date that operation of the source at the new location is to begin,
			 and indicate the expected operating period at this location.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 19 - AMBIENT AIR QUALITY STANDARDS AND AIR POLLUTION CONTROL › Section 28-19-10 - Circumvention of control regulations

Current through Register Vol. 43, No. 28, July 11,
			 2024
(A) No person shall
			 cause or permit the installation or use of any machine, equipment, device or
			 other article, or alter any process in any manner which, without resulting in a
			 reduction of the total amount of contaminants emitted, conceals or dilutes the
			 emission of contaminants which would otherwise violate provisions of these
			 control regulations.
(B) Exception
			 to section A of this regulation may be granted by the department, upon request,
			 provided that such action is intended to convert the physical and/or chemical
			 nature of the contaminant emission and that failure to reduce total contaminant
			 emissions results solely from the introduction of contaminants which are not
			 deemed to be detrimental to the public interest.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 19 - AMBIENT AIR QUALITY STANDARDS AND AIR POLLUTION CONTROL › Section 28-19-11 - Enforcement discretion due to startup, shutdown, malfunctions, or scheduled maintenance

Current through Register Vol. 43, No. 28,
			 July 11, 2024
(a) An
			 emission source having emissions that are in excess of the applicable emission
			 limitation and standard and result from startup, shutdown, malfunctions, or
			 scheduled maintenance of control or processing equipment and appurtenances may
			 be exempt from enforcement action at the secretary's discretion if both of the
			 following conditions are met:
(1) The person
			 responsible for the operation of the emission source notifies the department of
			 the occurrence and nature of the excess emissions resulting from startup,
			 shutdown, malfunctions, or scheduled maintenance, in writing, within 10 days of
			 discovery of the excess emissions.
(2) Reasonable action is taken regarding the
			 occurrence specified in paragraph (a)(1) to initiate and complete any necessary
			 repairs and place the equipment back in operation as quickly as
			 possible.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 19 - AMBIENT AIR QUALITY STANDARDS AND AIR POLLUTION CONTROL › Section 28-19-12 - Measurement of emissions

Current through Register Vol. 43, No. 28, July 11,
			 2024
(A) The department
			 may require any person responsible for the operation of an emission source to
			 make or have tests made to determine the rate of contaminant emissions from the
			 source whenever it has reason to believe on the basis of estimates of potential
			 contaminant emission rates from the source and due consideration to probable
			 efficiency of any existing control device, or visible emission determinations
			 made by an official observer, that existing emissions exceed the limitations
			 specified in these control regulations. Such tests may also be required
			 pursuant to verifying that any newly installed controlled device meets
			 performance specifications. If such a test demonstrates that the applicable
			 emission requirement is met, no more than one (1) such test shall be required
			 during any twelve (12) consecutive calendar month period: Provided, however,
			 That should the department determine that the test did not represent normal
			 operating conditions or emissions additional tests may be required. Such a
			 requirement shall be considered as an order as provided for in K.S.A. 1970
			 Supp. 65-3011 and subject to all
			 administrative and legal requirements specified therein.
Required tests shall be conducted in accordance with procedures
				approved by the director as being in accordance with sound analytical and
				sampling procedures. Such tests shall be conducted by reputable, qualified
				individuals, as approved by the department, and a certified written copy of the
				test results signed by the person conducting the test shall be provided to the
				department.
(B) The
			 department may conduct tests of emissions of contaminants from any source. Upon
			 written request from the department, the person responsible for the source to
			 be tested shall cooperate with the department in providing all necessary test
			 ports in stacks or ducts and such other safe and proper facilities, exclusive
			 of instruments and sensing devices, as may be reasonably required to conduct
			 the test with due regard being given to expenditures and possible disruption of
			 normal operation of the source. A report concerning the findings of such tests
			 shall be furnished to the person responsible for the source upon request.
(C) The director may require the
			 owner or operator of any emission source which is subject to the provisions of
			 these regulations to install, use, and maintain such stationary monitoring
			 equipment as is required to demonstrate continuing compliance with any
			 applicable emission limitations, and to maintain records and make reports
			 regarding such measured emissions to the department in a manner and on a
			 schedule to be determined by the director.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 19 - AMBIENT AIR QUALITY STANDARDS AND AIR POLLUTION CONTROL › Section 28-19-13 - Interference with enjoyment of life and property

Current through Register Vol. 43, No. 28, July 11,
			 2024
Compliance with the provisions of these emission control
				regulations (including exemptions included therein) notwithstanding, should it
				be found after public hearing that any specific emission source is, tends to
				be, will be, or will tend to be significantly injurious to human health or
				welfare, animal or plant life, or property or is or will be unreasonably
				interfering with the enjoyment of life and property of any inhabitant of the
				state, or will interfere with the attainment or maintenance of any national
				ambient air quality standard an appropriate order may be issued to require such
				additional prevention, abatement or control of the emission involved as is
				necessary to effect the purposes of the enabling act.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 19 - AMBIENT AIR QUALITY STANDARDS AND AIR POLLUTION CONTROL › Section 28-19-14 - Permits required

Current through Register Vol. 43, No. 28, July 11,
			 2024
The reference in
				K.A.R.
				28-19-19 to a permit condition under this
				regulation, the reference in
				K.A.R.
				28-19-31 to a permit issued under this
				regulation, and any other reference in these rules to a permit under this
				regulation, shall be interpreted to include permits issued under
				K.A.R.
				28-19-300 through
				28-19-304 and
				K.A.R.
				28-19-500 through
				28-19-578.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 19 - AMBIENT AIR QUALITY STANDARDS AND AIR POLLUTION CONTROL › Section 28-19-15 - Severability

Current through Register Vol. 43, No. 28, July 11,
			 2024
If any clause, paragraph, subsection or section of these
				regulations shall be held invalid, it shall be conclusively presumed that the
				board would have enacted the remainder of these regulations not directly
				related to such clause, paragraph, subsection or section.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 19 - AMBIENT AIR QUALITY STANDARDS AND AIR POLLUTION CONTROL › Section 28-19-16 - New source permit requirements for designated nonattainment areas

Current through Register Vol. 43, No. 28, July 11,
			 2024
The provisions of
				K.A.R.
				28-19-16 through
				K.A.R.
				28-19-16m shall apply to the construction or
				major modification of major stationary sources of air pollution emissions
				located within any area that has been identified as not meeting a national
				ambient air quality standard for the pollutant for which the source is major,
				under the procedures prescribed by Section 107(d) of the federal clean air act
				(42 U.S.C. 7407(d)).
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 19 - AMBIENT AIR QUALITY STANDARDS AND AIR POLLUTION CONTROL › Section 28-19-16a - Definitions

Current through Register Vol. 43, No. 28, July 11,
			 2024
The following words and terms when used in
				K.A.R.
				28-19-16 through
				K.A.R.
				28-19-16m shall have the meanings as defined
				in subsections (a) through (s) of this regulation.
(a) "Actual emissions" means, in regard to
			 determining creditable emissions decreases or increases of a pollutant, the
			 average rate, in tons per year, at which a unit actually emitted the pollutant
			 during a two-year period that precedes the particular date of interest and that
			 is representative of normal source operation. This shall apply unless the
			 department allows the use of a different time period upon a determination that
			 it is more representative of normal source operation. These emissions shall be
			 calculated using the unit's actual operating hours, production rates, and type
			 of materials processed, stored, or combusted during the selected time period.
			 Where specific emission limitations have been established for an individual
			 source under the provisions of K.A.R. 28-19-13, K.A.R. 28-19-16b, the Kansas
			 air quality regulations adopting and implementing
			 40 CFR §
									52.21, or any permits issued before May 1,
			 1983 by the U.S. environmental protection agency under the provisions of
			 federal regulation 40 CFR
			 §
									52.21(i), as amended
			 at 52 FR 24634, July 1, 1987, effective on July 31, 1987, then actual emissions
			 may be presumed to be equal to these limitations. For any emissions unit that
			 has not begun normal operations on a date of interest, actual emissions shall
			 mean the potential of the unit to emit on that date.
(b) "Allowable emissions" means the emissions
			 rate of a stationary source calculated by using the following:
(1) the maximum rated capacity of the source,
			 unless the source is subject to federally enforceable limits that restrict the
			 operating rate, hours of operation, or both; and
(2) limitations imposed by this or any other
			 applicable state, federal, or local governmental air pollution control
			 regulation, including those with a future compliance date.