Article 1.--SECRETARY OF HEALTH AND ENVIRONMENT, ACTIVITIES
65-1,180.Required distances from water.(a) The department shall not approve apermit for construction of a new swine facility or expansion ofan existing swine facility unless the swine waste managementsystem for the facility:
(1) Is located in such a manner as to prevent impairment ofsurface waters and groundwaters, except where consistent with therequirements of this section;
(2) is located outside any 100-year flood plain unless proceduresand precautions are employed to flood-proof the facilities;
(3) except as provided by subsection (c), islocated: (A) Not less than 500 feet from any surface water ifthe facility has an animal unit capacity of 3,725 or more; (B)not less than 250 feet from any surface water if the facility hasan animal unit capacity of 1,000 to 3,724; or (C) not less than100 feet from any surface water if the facility has an animalunit capacity of under 1,000;
(4) except as provided by subsection (d), is located not less than 250 feetfrom any private drinkingwater well that is inactive use; and
(5) is located not less than 1,000 feet from any publicly owneddrinking water well that is in active use.
(b) The separation distances required pursuant tosubsection (a) shall not apply to:
(1) Any swine facility that, on the effective date ofthis act, holds a valid permit issued by the secretary;
(2) swine facilities for which an application has been received before theeffective date of this act; or
(3) expansion of a swine facility if an application forthe expansion has been received before the effective date ofthis act.
(c) The separation distances required by subsection(a)(3) shall not apply to any freshwater reservoir or farm pondthat is privately owned if complete ownership of land borderingthe reservoir or pond is under common private ownership. Suchseparation distances shall apply to any waters that flow fromsuch reservoir or pond. The secretary shall have the authorityprovided by subsections (d) and (e) of K.S.A. 65-171d andamendments thereto with respect to any such reservoir or pond asnecessary to protect the public health, the soils or waters of the state andwildlife.
(d) The separation distance required by subsection (a)(4)shall not apply to any private drinking water well that islocated within the perimeter from which separation distances aredetermined pursuant to subsection (k) of K.S.A. 65-171d andamendments thereto but, if the facility has an animal unitcapacity of 3,725 or more, the facility operatorshall test waters from such well and annually report the testresults to the department.
Article 1.--SECRETARY OF HEALTH AND ENVIRONMENT, ACTIVITIES
65-1,180.Required distances from water.(a) The department shall not approve apermit for construction of a new swine facility or expansion ofan existing swine facility unless the swine waste managementsystem for the facility:
(1) Is located in such a manner as to prevent impairment ofsurface waters and groundwaters, except where consistent with therequirements of this section;
(2) is located outside any 100-year flood plain unless proceduresand precautions are employed to flood-proof the facilities;
(3) except as provided by subsection (c), islocated: (A) Not less than 500 feet from any surface water ifthe facility has an animal unit capacity of 3,725 or more; (B)not less than 250 feet from any surface water if the facility hasan animal unit capacity of 1,000 to 3,724; or (C) not less than100 feet from any surface water if the facility has an animalunit capacity of under 1,000;
(4) except as provided by subsection (d), is located not less than 250 feetfrom any private drinkingwater well that is inactive use; and
(5) is located not less than 1,000 feet from any publicly owneddrinking water well that is in active use.
(b) The separation distances required pursuant tosubsection (a) shall not apply to:
(1) Any swine facility that, on the effective date ofthis act, holds a valid permit issued by the secretary;
(2) swine facilities for which an application has been received before theeffective date of this act; or
(3) expansion of a swine facility if an application forthe expansion has been received before the effective date ofthis act.
(c) The separation distances required by subsection(a)(3) shall not apply to any freshwater reservoir or farm pondthat is privately owned if complete ownership of land borderingthe reservoir or pond is under common private ownership. Suchseparation distances shall apply to any waters that flow fromsuch reservoir or pond. The secretary shall have the authorityprovided by subsections (d) and (e) of K.S.A. 65-171d andamendments thereto with respect to any such reservoir or pond asnecessary to protect the public health, the soils or waters of the state andwildlife.
(d) The separation distance required by subsection (a)(4)shall not apply to any private drinking water well that islocated within the perimeter from which separation distances aredetermined pursuant to subsection (k) of K.S.A. 65-171d andamendments thereto but, if the facility has an animal unitcapacity of 3,725 or more, the facility operatorshall test waters from such well and annually report the testresults to the department.
Article 1.--SECRETARY OF HEALTH AND ENVIRONMENT, ACTIVITIES
65-1,180.Required distances from water.(a) The department shall not approve apermit for construction of a new swine facility or expansion ofan existing swine facility unless the swine waste managementsystem for the facility:
(1) Is located in such a manner as to prevent impairment ofsurface waters and groundwaters, except where consistent with therequirements of this section;
(2) is located outside any 100-year flood plain unless proceduresand precautions are employed to flood-proof the facilities;
(3) except as provided by subsection (c), islocated: (A) Not less than 500 feet from any surface water ifthe facility has an animal unit capacity of 3,725 or more; (B)not less than 250 feet from any surface water if the facility hasan animal unit capacity of 1,000 to 3,724; or (C) not less than100 feet from any surface water if the facility has an animalunit capacity of under 1,000;
(4) except as provided by subsection (d), is located not less than 250 feetfrom any private drinkingwater well that is inactive use; and
(5) is located not less than 1,000 feet from any publicly owneddrinking water well that is in active use.
(b) The separation distances required pursuant tosubsection (a) shall not apply to:
(1) Any swine facility that, on the effective date ofthis act, holds a valid permit issued by the secretary;
(2) swine facilities for which an application has been received before theeffective date of this act; or
(3) expansion of a swine facility if an application forthe expansion has been received before the effective date ofthis act.
(c) The separation distances required by subsection(a)(3) shall not apply to any freshwater reservoir or farm pondthat is privately owned if complete ownership of land borderingthe reservoir or pond is under common private ownership. Suchseparation distances shall apply to any waters that flow fromsuch reservoir or pond. The secretary shall have the authorityprovided by subsections (d) and (e) of K.S.A. 65-171d andamendments thereto with respect to any such reservoir or pond asnecessary to protect the public health, the soils or waters of the state andwildlife.
(d) The separation distance required by subsection (a)(4)shall not apply to any private drinking water well that islocated within the perimeter from which separation distances aredetermined pursuant to subsection (k) of K.S.A. 65-171d andamendments thereto but, if the facility has an animal unitcapacity of 3,725 or more, the facility operatorshall test waters from such well and annually report the testresults to the department.
