2-1228.   Approval of construction or alteration bythesecretary; transferable.(a) A person beginning construction of or substantialalteration to an existing facility or equipment used for the manufacture,blending, handling or bulk storage of commercial fertilizer or fertilizermaterials shall apply to the secretary, on forms provided by the secretary,for approval of such construction or alteration. The person shall providethe secretary with such information as the secretary deems necessary. Thesecretary shall approve the construction or alteration of the facility orequipment if such construction or alteration is consistent with thestandards and other requirements established by rules and regulations underK.S.A. 2-1227, and amendments thereto.

      (b)   The approval shall be transferable from the owner issued theapproval to another owner if the new owner notifies thedepartment within 30days after the facility has changed ownership. Approval shall not betransferable from one location to another.

      (c)   The owner or operator of a facility or equipment used for themanufacture, blending, handling or bulk storage of commercial fertilizer orfertilizer materials established prior to the effective date of this actshall obtain the secretary's approval of the facility or equipmentaccording to the dates specified in rules and regulations.

      History:   L. 1989, ch. 3, § 3;L. 2004, ch. 101, § 26; July 1.