Kan. Admin. Regs. § 28-29-25c - Manure composting
For the purposes of this regulation, subsections (a), (b), (c), and (d) shall apply to each facility that composts manure and has a composting area of one-half acre or less. Subsections (a), (b), (c), and (e) of this regulation shall apply to each facility that composts manure and has a composting area larger than one-half acre. On-site storage of manure shall not be considered composting.
(a)
Facility design. The owner or operator of each facility that composts manure
shall design and construct the facility to meet the following requirements:
(1) Composting surface and drainage.
(A) Storm water run-on shall be prevented
from entering the receiving, processing, curing, or storage areas by the use of
berms or other physical barriers.
(B) The facility shall not cause a discharge
of pollutants into waters of the state, in accordance with
K.S.A. 65-164, and amendments thereto.
(C) Leachate control shall be provided
wherever leachate is generated.
(D) The composting area shall be graded to
prevent ponding of liquids.
(E)
The surface of the composting area shall be capable of supporting all equipment
used.
(2) Facility
access.
(A) At each facility that composts
manure that is brought in from off-site, the following information shall be
posted on one or more signs:
(i) Facility
name;
(ii) permit number;
(iii) site hours;
(iv) traffic flow;
(v) a list of the materials appropriate for
composting; and
(vi) the name and
telephone number of an emergency contact person.
(B) Unauthorized dumping shall be discouraged
by access control.
(C) Facility
roads shall be constructed to allow access for managing the composting
operation. Manure composting facilities shall be exempt from the all-weather
access road requirement prescribed in K.A.R. 28-29-23(e).
(3) Capacity and storage. The facility shall
have the capacity to store the following materials:
(A) Incoming materials waiting to be
processed;
(B) the materials being
processed; and
(C) the finished
compost, not to exceed 18 months' production.
(4) Separation distances. For the purposes of
this regulation, "animal unit," "habitable structure," and "wildlife refuge"
have the same meaning as set forth in
K.S.A. 65-171d, and amendments thereto.
(A) Each facility that composts livestock
manure, other than swine manure, shall meet or exceed the following separation
distances from any habitable structure in existence when the facility begins
operations:
(i) 1,320 feet for facilities
composting manure from 300 to 999 animal units; and
(ii) 4,000 feet for facilities composting
manure from 1,000 or more animal units.
(B) Each facility that composts swine manure
shall meet or exceed the following separation distances from any habitable
structure or city, county, state, or federal park in existence when the
facility begins operations:
(i) 1,320 feet
for facilities composting manure from 300 to 999 animal units;
(ii) 4,000 feet for facilities composting
manure from 1,000 to 3,724 animal units; and
(iii) 5,000 feet for facilities composting
manure from 3,725 or more animal units.
(C) Each facility that composts swine manure
shall meet or exceed the following separation distances from any wildlife
refuge:
(i) 10,000 feet for facilities
composting manure from 1,000 to 3,724 animal units; and
(ii) 16,000 feet for facilities composting
manure from 3,725 or more animal units.
(D) For each manure composting operation
located at a confined feeding facility, the separation distances as set forth
in K.S.A. 65-171d and amendments thereto shall apply.
(5) Exceptions to the
separation distances.
(A) The separation
distance requirements of paragraphs (a)(4)(A) and
(B) of this regulation shall not apply if the
owner or operator obtains written agreement from all owners of habitable
structures that are within the separation distance, stating that the owners of
the habitable structures are aware of the operation and have no objections to
the operation. The written agreement shall be filed in the office of the
register of deeds of the county in which the habitable structure is located.
(B) The separation distance
requirements of paragraph (a)(4)(A) of this regulation may be reduced by the
secretary if one of the following conditions applies:
(i) No substantial objection from owners of
habitable structures within the separation distance is received in response to
public notice.
(ii) The board of
county commissioners of the county where the composting operation is located
submits a written request seeking a reduction of the separation distances.
(C) The separation
distance requirements of paragraphs (4)(B)(i) and (ii) of this regulation may
be reduced by the secretary if one of the following conditions applies:
(i) No substantial objection is received in
response to notice given by certified mail, return response requested, to
owners of all habitable structures within the separation distance.
(ii) The board of county commissioners of the
county where the composting operation is located submits a written request
seeking a reduction of separation distances.
(iii) The secretary determines that
technology exists that meets or exceeds the effect of the required separation
distance and the composting operation will be using the technology.
(D) The separation distance
requirements of paragraph (4)(B)(iii) of this regulation may be reduced by the
secretary if one of the following conditions applies:
(i) No substantial objection is received in
response to notice given by certified mail, return response requested, to
owners of all habitable structures within the separation distance.
(ii) The secretary determines that technology
exists that meets or exceeds the effect of the required separation distance and
the composting operation will be using the technology.
(E) For each manure composting operation
located at a confined feeding facility, exceptions to the separation distances
as set forth in
K.S.A. 65-171d and amendments thereto shall apply.
(b) Facility
operations. The owner or operator of each facility that composts manure shall
perform the following:
(1) Minimize odors;
(2) control disease vectors, dust,
litter, and noise;
(3) segregate
incoming waste from finished compost;
(4) limit public access to hours when an
attendant or any operating personnel are at the facility;
(5) begin processing incoming waste by the
end of the working day; and
(6)
remove all finished compost within 18 months of the completion of the
composting process.
(c)
Facility closure. The owner or operator of each facility that composts manure
shall perform the following:
(1) Notify the
department, in writing, at least 60 days before closure; and
(2) remove all materials from the facility
within six months of the last receipt of compostable material.
(d) Registration. Each owner or
operator of a facility that composts manure and has a composting area of
one-half acre or less shall submit registration information to the department
on a form provided by the department, unless the composting operation is
located at a confined feeding facility that has a valid permit issued by the
department.
(e) Permit
applications. The owner or operator of each facility that composts manure and
has a composting area larger than one-half acre shall submit a permit
application to the department on a form provided by the department, unless the
composting operation is located at a confined feeding facility that has a valid
permit issued by the department. The applicant shall include the following
items with the permit application:
(1)
Facility design plan. The facility design plan shall contain all of the
following items:
(A) A 7.5 minute topographic
map of the area, as typically available from the U.S. geological survey
indicating the facility boundary and the property boundary;
(B) a soil map of the area, as typically
available from the U.S. department of agriculture natural resources
conservation services;
(C) a
100-year floodplain map of the area, as typically available from the federal
emergency management agency; and
(D) a detailed drawing of the facility that
indicates the location of the following features:
(i) Roads;
(ii) the existing and final grades and
contours;
(iii) storm water
control;
(iv) buildings and
equipment to be installed;
(v)
utilities;
(vi) access control;
and
(vii) all other structures.
(2)
Operations plan. The operations plan shall contain the following information:
(A) Job descriptions of persons responsible
for operation, control, and maintenance of the facility;
(B) the anticipated annual quantity of waste
to be received, and the seasonal variations of the quantity of waste to be
received;
(C) the sources of waste
to be received;
(D) the methods to
control traffic and to expedite unloading;
(E) the methods for measuring incoming waste;
(F) the methods to control the
types of waste received;
(G) the
methods for removing noncompostable wastes from the incoming waste stream,
including procedures for storage and disposal of these wastes;
(H) the location of disposal sites for
noncompostable wastes;
(I) the
method of composting;
(J) a list
of equipment to be used;
(K) a
description of additives used in the process;
(L) a quality assurance and quality control
plan that outlines the monitoring, sampling, and analysis plans for testing the
compost process and product;
(M)
the proposed end use of product;
(N) the methods to minimize, manage, and
monitor odors;
(O) disease vector,
dust, litter, and noise control measures;
(P) leachate and national pollutant discharge
elimination system storm water control measures;
(Q) the plans for operations during wind,
heavy rain, snow, freezing temperatures, or other inclement weather conditions;
(R) a contingency plan for events
including equipment failure, power outages, natural disasters, receipt of
prohibited materials, or other similar interruptions of normal activities; and
(S) a fire protection and control
plan.
(3) Closure plan.
The closure plan shall include the following information:
(A) The steps necessary to close the
facility;
(B) the final surface
contours; and
(C) a closure cost
estimate based on the third-party cost of removing and disposing of the maximum
amount of wastes that may be contained at the facility.
Notes
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No prior version found.