Kan. Admin. Regs. § 28-18-13 - Operation of animal waste management systems
(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.
(i)
(1) Each operator, as required by the
facility permit issued by the secretary, shall conduct sampling and analysis of
animal or process wastes or sites utilized for the application of animal or
process wastes from confined animal feeding facilities, to determine nutrient
and salinity levels, to confirm utilization of the animal or process wastes at
agronomic rates, and to ensure that public health and the environment are
protected.
(2)
(A) Each operator of a confined feeding
facility not required to obtain a federal permit shall sample the soil of each
field identified in the waste management plan for the confined feeding facility
if both of the following conditions are met:
(i) The field is identified by KDHE as
located in a sensitive groundwater area or over the Equus Beds.
(ii) The field has received manure or
wastewater in one or more of the previous five years.
(B) The sampling and analysis shall be
conducted in accordance with the procedures approved by the secretary. The test
results shall be sent to the department within 30 days of receipt of the test
results.
(3) Each
operator required to obtain a federal permit shall conduct soil and waste
sampling and analysis in accordance with the nutrient management plan.
Notes
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