2-3318.   Application of swine waste; authority ofsecretary of health and environment; nutrient utilization plans, review andapproval; penalties forviolations.(a) Regardless of whether irrigation water is added, wheneverswine waste is applied to crops or land, the secretary of health andenvironment is authorized toinvestigate, inspect or conduct any manner of examination or review of theapplication of swine waste. No swine waste shall be applied to crops or landin excess of agronomic application rates.

      (b)   The secretary of health and environment shall review and approveall nutrient utilization plansthat provide for the application of swine waste to crops or land and that aresubmitted by swine confined feeding facilities pursuant to K.S.A.65-1,182 andamendments thereto if the plans demonstrate that swine waste will be appliedpursuant to agronomic application rates and include all requiredinformation. Nutrient utilization plans shall besubmitted on a form required by the secretary of health andenvironment.

      (c)   Failure of the operator of a swine confined feedingfacility to implement a nutrient utilization plan approved by thesecretary of health and environment shall be considered a violation ofthe Kansaschemigation safety law for which the secretary may suspend apermit pursuant to K.S.A. 2-3310 and amendments thereto or mayimpose a civil penalty pursuant to K.S.A. 2-3317 and amendmentsthereto, or both.

      (d)   This section shall be part of and supplemental to theKansas chemigationsafety law.

      History:   L. 1998, ch. 143, § 24;L. 2002, ch. 181, § 14;L. 2009, ch. 128, § 34; July 1.