Kan. Admin. Regs. § 4-21-1 - Nutrient utilization plan defined; amendments to the plan; exceptions
(a) A confined
feeding facility for swine under Kansas law that has an animal unit capacity of
1,000 or more and whose waste is applied to land shall prepare a nutrient
utilization plan for review by the secretary of agriculture. The plan shall be
on a form prescribed by the secretary and shall be a plan that forecasts
nutrient management from the date of submission through the next five years.
The plan shall be updated annually, maintained at the office of the swine
facility, along with the three previous years' versions of the records, and
made available to the secretary of agriculture upon request.
(b) Whenever the term "waste" is referred to
in article 21 of these regulations, it shall mean swine manure, swine
wastewater, or swine manure and swine wastewater mixed together.
(c) Changes in conditions that warrant
amendments requiring the secretary's approval to a facility's nutrient
utilization plan shall include any of the following:
(1) A swine facility's permit is no longer
valid, but the facility plans to seek a new permit.
(2) Additional land to which waste will be
applied is not described in an approved plan.
(3) A procedure for waste application will be
used that is not described in an approved plan.
(4) Land included in an approved nutrient
utilization plan is no longer available for application as provided for in the
approved nutrient utilization plan because legal authorization for land
application no longer exists for that land.
(5) A phosphorus soil analysis result exceeds
the phosphorus-holding capacity of the soil in a field as prescribed by K.A.R.
4-21-7.
(d) Swine
facilities required by law to prepare nutrient utilization plans shall submit
any other amendments necessary to facilitate approval as requested by the
secretary of agriculture.
(e) Any
amendment described in subsection (c) or subsection (d) of this regulation to
the plan shall be submitted to the secretary of agriculture and approved by the
secretary before the application of waste.
(f) "Swine facility" or "facility," as used
in article 21 of these regulations, shall mean a confined feeding facility for
swine under Kansas law that has an animal unit capacity of 1,000 or more and
that applies manure or wastewater to land.
Notes
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