Kan. Admin. Regs. § 28-29-25d - Livestock composting
For the purposes of this regulation, subsections (a), (b), (c), and (d) shall apply to each facility that composts livestock, including chickens and turkeys, 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 livestock, including chickens and turkeys, and has a composting area larger than one-half acre.
(a) The owner or operator of each facility
that composts livestock 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.
(F) The facility shall be
constructed with either a floor or a roof that meets one of the following
requirements:
(i) The floor shall be composed
of a layer of material that is at least one foot thick and has a hydraulic
conductivity no greater than 10-7 cm/sec, or the facility shall be designed to
provide the same level of protection to the groundwater; or
(ii) the receiving, processing, and curing
areas shall be covered by a roof, or the facility shall be designed to provide
the same level of protection from the weather.
(2) Facility access.
(A) At each facility that composts livestock
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 adequate access for managing the composting
operation. Facilities that compost livestock 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," "animal unit capacity," "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
from one or more confined feeding facilities, other than confined feeding
facilities for swine, 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
livestock from one or more confined feeding facilities with a combined animal
unit capacity of 300 to 999; and
(ii) 4,000 feet for facilities composting
livestock from one or more confined feeding facilities with a combined animal
unit capacity of 1,000 or more.
(B) Each facility that composts livestock
from one or more confined feeding facilities for swine 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
swine from one or more confined feeding facilities with a combined animal unit
capacity of 300 to 999;
(ii) 4,000
feet for facilities composting swine from one or more confined feeding
facilities with a combined animal unit capacity of 1,000 to 3,724; and
(iii) 5,000 feet for facilities
composting swine from one or more confined feeding facilities with a combined
animal unit capacity of 3,725 or more.
(C) Each facility that composts livestock
from one or more confined feeding facilities for swine shall meet or exceed the
following separation distances from any wildlife refuge:
(i) 10,000 feet for facilities composting
swine from one or more confined feeding facilities with a combined animal unit
capacity of 1,000 or 3,724; and
(ii) 16,000 feet for facilities composting
swine from one or more confined feeding facilities with combined animal unit
capacity of 3,725 or more.
(D) Exceptions to the separation distances
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 livestock
shall perform the following:
(1) Minimize
odors;
(2) control disease
vectors, dust, litter, and noise;
(3) ensure that dead animals are not visible
from municipal roads or habitable structures;
(4) protect the facility from scavenging by
animals;
(5) segregate incoming
waste from finished compost;
(6)
begin processing incoming waste by the end of the working day;
(7) limit public access to hours when an
attendant or any operating personnel are at the facility; and
(8) 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 livestock shall perform the following:
(1) Notify the department, in writing, at
least 60 days before closure;
(2)
remove all material from the facility within 10 days of ceasing operation; and
(3) clean all containers,
equipment, machines, floors, and site surfaces that have been in contact with
dead animals or solid waste.
(d) Registration. Each owner or operator of a
facility that composts livestock 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 livestock 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 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;
(D)
plan and profile views of the facility indicating 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;
and
(E) information on
the permeability of the floor structure.
(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 non-compostable wastes from the incoming waste stream, including
procedures for storage and disposal of these wastes;
(H) the location of disposal sites for
non-compostable wastes;
(I) the
method of composting;
(J) a list
of equipment to be used;
(K) a
description of any 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 compost;
(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, fire, receipt of
prohibited materials, or 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.