Kan. Admin. Regs. § 28-18a-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) Swine waste management and pollution
control systems shall be designed, constructed, operated, and maintained in a
manner that prevents pollution of waters of the state.
(2) Each operator of a swine waste management
and pollution control system for a swine facility with an animal unit capacity
of 1,000 or more shall ensure that the swine waste management and pollution
control system is designed, constructed, operated, and maintained to prevent
the discharge of swine or other process wastes to surface waters of the state.
Any operator of a swine waste management and pollution control system may
discharge the following to surface waters of the state, whenever precipitation
events, either chronic or catastrophic, cause an overflow from a swine waste
management or pollution control system designed, constructed, operated, and
maintained to contain all swine and other process wastes:
(A) Swine 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
swine facility.
(3)
(A) Except as provided in paragraph
(b)(3)(B), each swine waste management and pollution control system for any
swine facility with an animal unit capacity of 999 or less shall be designed,
constructed, operated, and maintained to prevent the discharge of swine or
other process wastes to surface waters of the state as required in paragraph
(b)(2).
(B) Any operator of a
swine waste management and pollution control system for a swine facility with
an animal unit capacity of 999 or less may discharge swine waste 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 swine or other
process wastes, each swine 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 swine or
other process wastes to the director, using the telephone numbers provided by
the department. Each operator shall submit a written report to the department
within three days of the incident.
(d) Each swine 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 swine operator shall be responsible
for advising the secretary within 60 days of any changes in mailing address or
telephone number regarding the facility or designated facility contact.
(f) Each swine operator shall
operate the facility in a manner to minimize or prevent any discharge that is
in violation of the permit or that has a potential to adversely affect human
health or the environment.
(g)
Each swine operator shall, at all times, properly operate and maintain the
swine waste management and pollution control system and any related
appurtenances that are installed or utilized by the swine operator to achieve
compliance with the conditions of the permit.
(h) Each operator of a swine facility with an
animal unit capacity of 1,000 or more shall notify the department whenever the
swine operator does not own all the swine at the swine facility, pursuant to
K.S.A. 65-1,181, and amendments thereto.
(i) Each operator of a swine facility with an
animal unit capacity of 1,000 or more shall notify the department before the
operator sells or gives manure or wastewater to a person that is not employed
by the swine facility and whenever disposal is by means other than land
application on areas covered by the approved nutrient utilization plan for the
swine facility. When the approved manure management plan for the swine facility
addresses the requirements in
K.S.A. 65-1,181 and amendments thereto, notification
to the department shall not be required.
(j) Each operator of a swine facility with an
animal unit capacity of 1,000 or more who land applies manure or wastewater
shall comply with the nutrient utilization plan approved by the Kansas
department of agriculture, pursuant to
K.S.A. 65-1,182, and amendments thereto.
(k) Each operator of a swine facility with an
animal unit capacity of 1,000 or more who land applies manure or wastewater and
is required to develop and to implement a nutrient utilization plan, as
prescribed by the secretary of the Kansas department of agriculture, shall file
the plan and any amendments to the plan with KDHE.
(l) Each operator of a swine facility
required to develop a swine facility closure plan or a swine waste-retention
lagoon or pond closure plan, or both, shall comply with each plan, as approved
by the secretary. The operator shall amend each plan whenever warranted by
changes in the facility or in other conditions affecting the facility, pursuant
to K.S.A. 65-1,189, and amendments thereto.
(m) Each swine facility that is required to
be permitted by the department and that has an animal unit capacity of 1,000 or
more shall be staffed by a department-certified operator or an operator in
training.
Notes
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No prior version found.