Kan. Admin. Regs. § 28-18-8 - Permit; terms and conditions
(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) Animal waste management systems shall be
designed, constructed, operated, and maintained in a manner that prevents
pollution of waters of the state.
(2) Each operator of an animal waste
management system for a confined feeding facility who is required to obtain a
federal permit shall ensure that the animal waste management system is
designed, constructed, operated, and maintained to prevent the discharge of
animal or other process wastes to surface waters of the state. Any operator of
an animal waste management system of a confined feeding facility may discharge
the following to surface waters of the state, whenever precipitation events,
either chronic or catastrophic, cause an overflow from an animal waste
management system designed, constructed, operated, and maintained to contain
all animal and other process wastes:
(A)
Animal 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 confined
feeding facility.
(3)
(A) Except as provided in paragraph
(b)(3)(B), each animal waste management system for any confined feeding
facility whose operator is not required to obtain a federal permit shall be
designed, constructed, operated, and maintained to prevent the discharge of
animal or other process wastes to surface waters of the state as required in
paragraph (b)(2).
(B) Any operator
of an animal waste management system for a confined feeding facility who is not
required to obtain a federal permit may discharge animal 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.
(c) For each emergency
or accidental discharge, overflow, or unplanned release of animal or other
process wastes, each operator shall report the incident to the department
within two hours of discovery. Each operator shall report any emergency, spill,
accidental discharge, overflow, or unplanned release associated with animal or
other process wastes to the department, using the telephone numbers provided by
the director. Each operator shall submit a written report to the department
within three days of the incident.
(d) Each operator shall retain a copy of the
current permit issued by the secretary at the site office for the facility or
at a central records location.
(e)
Each operator shall be responsible for advising the department within 60 days
of any changes in mailing address or telephone number regarding the facility or
designated facility contact.
(f)
Each operator shall operate the facility in a manner that minimizes or prevents
any discharge that is in violation of the permit or that has a potential to
adversely affect human health or the environment.
(g) Each operator shall, at all times,
properly operate and maintain the animal waste management system and any
related appurtenances that are installed or utilized by the operator to achieve
compliance with the conditions of the permit.
Notes
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No prior version found.