Kan. Admin. Regs. § 28-18-12 - Design and construction of animal waste management systems
(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.
(f) Neither the
approval of construction plans, specifications, or other required plans, nor
the issuance of a permit or certification by the secretary shall prohibit the
secretary from taking any enforcement action if the animal waste management
system fails to protect the waters of the state, meet any specified effluent
criteria, or comply with state surface water quality standards. In addition,
the secretary's approval of the plans or the secretary's issuance of a permit
or certification shall not constitute a defense by the operator regarding
violation of any statute, regulation, permit condition, or requirement.
(g) A new confined feeding
facility or animal waste management system shall not be built in any stream,
river, lake, reservoir, or water bodies meeting the definition of
jurisdictional wetlands and consistent with the definition of "surface waters"
in K.A.R. 28-16-28b.
(h) Each
operator, when directed by the secretary, shall notify the department a minimum
of two days before performing any soil sample collection activities or liner
integrity testing.
(i) There shall
be no deviation from plans and specifications submitted to and approved by the
secretary, unless amended plans and specifications showing the proposed changes
have been submitted to the department and approved by the secretary.
(j) Each construction plan shall indicate the
location of any active, abandoned, or plugged water, oil, gas, or salt solution
mining well within 600 feet of any planned location for a waste-retention
lagoon or pond. If the operator is unable to confirm the exact location of any
well or wells, the construction plan shall contain a note indicating the
potential for the well or wells to be located in the vicinity of any proposed
waste-retention lagoon or pond. Each active, abandoned, or plugged water, oil,
gas, or salt solution mining well that is encountered during construction and
that was not identified or located on the construction plan shall be reported
to the department within 48 hours of discovery. Construction activities that
would impact the well or wells or that would be in the immediate vicinity of
the well or wells shall be immediately terminated until the secretary
determines that the appropriate steps, including plugging the well, have been
taken to protect public health and the environment.
(k) Following the completion of the proposed
construction or proposed expansion and when requested by the secretary, each
operator shall certify that the animal waste management system was constructed
in accordance with the plans approved by the secretary. If the operator
utilized a professional engineer or consultant to monitor the construction of
the animal waste management system, then the certification shall also be signed
by the professional engineer or the consultant who monitored the construction
or installation of the animal waste management system, including any
waste-retention lagoon or pond liner. The certification shall be based on
actual observations during construction and any field or laboratory data
developed during or following construction. The certification shall be
maintained on-site or at a central records location and made available to the
department, along with any supporting information, upon request.
Notes
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