Kan. Admin. Regs. § 28-18a-3 - Separation distance requirements
(a) Separation
distances between confined feeding facilities and any habitable structure,
wildlife refuge, or city, county, state or federal park shall conform to the
provisions and requirements of K.S.A. 1997 Supp.
65-171d, as amended by
L.
1998 , ch. 143 , secs. 1,
15, and 18 and amendments thereto [K.S.A. 1998 Supp.
65-1,192 and
65-1,194 and amendments thereto].
(b) The swine operator shall
provide to the department any information required to ascertain the distance to
the nearest habitable structure or determine which habitable structure is the
nearest to the proposed or existing confined feeding facility.
(c) The construction of a new swine facility
or expansion of an existing swine facility shall comply with the separation
distance requirements related to the 100-year floodplain, surface water bodies,
private drinking water wells in active use, and publicly owned drinking water
wells in active use, pursuant to
L.
1998 , ch. 143 , secs. 4
and 18, and amendments thereto [K.S.A. 1998 Supp.
65-1,180 and
65-1,194, and amendments thereto].
The reference to any freshwater reservoir or pond pursuant to
L.
1998 , ch. 143 , sec. 2,
and amendments thereto [K.S.A. 1998 Supp.
65-1,178, and amendments thereto],
shall refer only to a freshwater reservoir or pond for which a swine operator
has charge or control.
(d) Each
swine facility required to have a nutrient utilization plan shall comply with
the separation distance requirements related to the sites utilized for the land
application of swine or other process wastes, and the presence of any habitable
structure, wildlife refuge, or city, county, state or federal park, pursuant to
L.
1998 , ch. 143 , secs. 6,
15 and 18, and amendments thereto [K.S.A. 1998 Supp.
65-1,182,
65-1,192, and
65-1,194, and amendments thereto].
(e) When the animal unit capacity
of a confined feeding facility is comprised of swine, in addition to other
animals or fowl, the swine-specific separation distance requirements related to
any habitable structure, wildlife refuge, or city, county, state or federal
park shall be applied only to the animal unit capacity of the swine facility
operation.
Notes
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