Kan. Admin. Regs. § 28-18a-7 - Public notice of permit actions and public hearings
(a) Public notice
of permit actions and public hearings shall be consistent with the requirements
of K.A.R. 28-16-61. Public hearings scheduled by the department shall address
only those matters for which the secretary has authority.
(b) A swine operator proposing either new
construction of a swine facility or new expansion of an existing swine facility
shall meet the following requirements:
(1)
Publish a single notice of application in the official county newspaper and in
a newspaper regularly published and generally circulated serving the county and
general area of the proposed or existing swine facility, notifying the public
of the proposal. If the official county newspaper is regularly published and
generally circulated throughout the county and general area of the proposed or
existing swine facility, a single notice in the official county newspaper shall
be adequate. If a proposed or existing facility site is within one mile of an
adjoining county, a single notification shall also be provided in the official
newspaper serving the adjoining county.
(A)
Publication of the notice in the newspaper or newspapers by the swine operator
shall be made before the department can place the permit on public notice in
the Kansas register. The operator shall be responsible for the cost of
publication in the newspaper or newspapers.
(B) The notice that the swine operator shall
publish in the newspaper or newspapers shall contain the information pursuant
to L.
1998 , ch. 143 , sec. 3,
and amendments thereto [K.S.A. 1998 Supp.
65-1,179(c), and
amendments thereto].
(2) Notify the department verbally or by
facsimile within two working days after the date of publication of the notice
in the newspaper or newspapers to confirm that the notice has been published.
Within 20 calendar days following the date of publication, the operator shall
provide the department a publisher's affidavit of publication or certified copy
of the publication. The processing of the permit shall be terminated by the
department until the operator provides the publisher's affidavit or certified
copy of the publication.
(3)
Provide a copy of the notice to be published in the newspaper or newspapers to
owners of habitable structures located within the prescribed separation
distance for the swine facility. The notification shall be provided before the
department places the permit on public notice in the Kansas register. The
notice shall be provided by certified mail. The swine operator shall provide
proof of this notification to the department within 20 calendar days of the
notice being mailed.
(4) Provide a
copy of the notice to be published in the newspaper or newspapers to the county
commission representing the county in which the swine facility is or will be
located. In addition, a copy of the notice shall be directed to the mayor of
each municipality whose municipal boundary is located three miles or less from
the swine facility or facility perimeter. Notification shall be made by
certified mail before the department places the permit on public notice in the
Kansas register. The swine operator shall provide proof of this notification to
the department within 20 calendar days of the date the notice is mailed.
(c) Owners of habitable
structures located within the applicable separation distance pertaining to
habitable structures and either a proposed new swine facility or the proposed
expansion of an existing swine facility that seek a public hearing shall meet
the following requirements:
(1) Request a
public hearing either before or during the public comment period established in
the public notice published in the Kansas register by the department;
(2) request a public hearing in
conformance with the provisions set forth in the public notice and shall also
include the mailing address and telephone number of the habitable structure
owner; and
(3) provide proof, upon
request and in a form satisfactory to the department, of ownership of the
habitable structure.
Notes
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