Article 1.--SECRETARY OF HEALTH AND ENVIRONMENT, ACTIVITIES
65-1,181.Manure management plan; lagoon standards;monitoring wells, when.(a) Each applicant for a permit forconstruction of a new swine facility having an animal unitcapacity of 1,000 or more or expansion of an existing swinefacility to an animal unit capacity of 1,000 or more shall submitwith the application for a permit a manure management plan andshall comply with the plan when the permit is issued by thedepartment.
(b) Each existing swine facility that has an animalunit capacity of 1,000 or more on the effective date of this actshall submit to the department, withinsix months after the rules and regulations implementing this act are adopted, amanure management plan for approvalby the department and shall comply with the plan as soonthereafter as practicable.
(c) Each manure management plan required by thissection shall describe the methods for, and account for, thedisposal of all manure and wastewater generated by the swinefacility. If the methods of disposal of the manure or wastewaterinclude land application, the facility also shall prepare anutrient utilization plan, as required by subsection (b) ofK.S.A. 65-1,182, and amendments thereto.
(d) Each swine facility that is required by thissection to have a manure management plan shall amend such planwhenever warranted by changes in the facility or in otherconditions affecting the facility.
(e) The secretary shall establish by rules and regulations thecircumstances under which amendments to manure management plansmust be submitted to the department for the department'sapproval.
(f) Each swine facility that is required by thissection to have a manure management plan shall maintain such planin accordance with K.S.A. 65-1,185, and amendments thereto.
(g) As a condition of approval of any permit for aswine facility that is required by this section to have a manuremanagement plan, the department shall require that, if theoperator of the facility does not own the swine at the facility,the operator shall execute with the owner of the swine a contractthat specifies responsibility for management of the manure andwastewater generated at the facility.
(h) If a swine facility is required by this section tohave a manure management plan and such facility generates manureor wastewater, or both, that is sold or given to a person who isnot employed by the facility and is to be disposed of by meansother than land application on areas covered by the facility'snutrient utilization plan, the department shall require that:
(1) The facility shall maintain a log of removal of themanure or wastewater from the facility and such log shall containthe following:
(A) The name and address of each person to whom themanure or wastewater is sold or given and of each hauler of themanure or wastewater;
(B) the date of the removal of the manure orwastewater; and
(C) the volume of the removed manure or wastewater; and
(2) the facility shall provide to the hauler of theremoved manure or wastewater the most recent manure nutrientanalysis conducted pursuant to subsection (c) of K.S.A. 65-1,182 andamendments thereto, if the removed manure or wastewater are to beland applied.
(i) (1) Except as provided by subsection (i)(5), if aswine waste retention lagoon or pond is utilized by a swinefacility that has an animal unit capacity of 3,725 or more and islocated where the groundwater is at a depth of 25 feet or lessfrom the underneath side of the liner of the lagoon or pond:
(A) The sides and bottom of such lagoon or pond shall belined with:
(i) A compacted soil linerwith a minimum depth of one foot and maximum seepage rate of 1/8 inch perday; or
(ii) an impermeable liner on top of a compacted soil liner with a minimumdepth of one foot and maximum seepage rate of 1/4 inch per day; and
(B) the facility operator shall be required to install notfewer than one upstream and two downstream groundwater monitoringwells for each such single cell lagoon or pond and for theprimary cell of each such multiple cell lagoon or pond, or employequivalent technology, as provided by rules and regulations ofthe secretary.
(2) Except as provided by subsections (i)(3),(4) and (5), ifa swine waste retention lagoon or pond is utilized by a swinefacility that has an animal unit capacity of 3,725 or more and islocated where the groundwater is at a depth of more than 25 feetfrom the underneath side of the liner of the lagoon or pond, thesides and bottom of suchlagoon or pond shall be lined with:
(A) A compacted soil linerwith a minimum depth of one foot and maximum seepage rate of 1/8 inch perday; or
(B) an impermeable liner on top of a compacted soil liner with a minimumdepth ofone foot and maximum seepage rate of 1/4 inch per day.
(3) If the compacted soil liner requirements of subsection(i)(2) cannot be met for one or more waste retention lagoons or pondsto which such subsection applies:
(A) The sides and bottom of such lagoons or ponds shall belined with an impermeable liner on top ofa soil liner compacted to the extent possible; and
(B) if the groundwater is at a depth of 150 feet orless from the surface of the land at the place where such lagoons or ponds arelocated, thefacility operator shall be required to install not fewer than oneupstream and two downstream groundwater monitoring wells for each such singlecell lagoon or pond and for the primary cell of each such multiple cell lagoonor pond, oremploy equivalent technology, as provided by rules andregulations of the secretary.
(4) Any swine waste retention lagoons or ponds existingon the effective date of this act and utilized by a swinefacility that has an animal unit capacity of 3,725 or more shallnot be required to meet the requirements of subsection (i)(1), (2) or (3) butthe facility operator shall be required to install, before January 1, 2000, notfewer than one upstream and twodownstream groundwater monitoring wells for each such single cell lagoon orpond and for the primary cell of each such multiple cell lagoon or pond, oremploy equivalenttechnology, as provided by rules and regulations of thesecretary, if the groundwater is at a depth of 150 feetor less from the surface of the land at the place where such lagoons or pondsare locatedunless: (A) The groundwater is at a depth of more than 25 feet from theunderneath side of the liner of the lagoons or ponds; and (B) the facilityoperator submits to the department engineering or field data that provescompliance with the requirements of subsection (i)(2).
(5) On or after January 1, 2000, if the secretarydetermines, based on scientific evidence, that the standardsimposed by subsections (i)(1), (2), (3) and (4) are not required to protect thegroundwater, the secretary may increase the animal unit capacityat which such standards apply.
(j) The secretary may require installation and samplingof groundwater monitoring wells in the vicinity of any swine wasteretention lagoon or pond when the secretary determines necessary, or thesecretary may allow the use ofequivalent technology, as provided by rules and regulations ofthe secretary. The locations and design of such monitoring wellsshall be subject to approval by the secretary.
(k) The secretary may require, as a condition ofissuance or renewal of a permit for a swine facility having ananimal unit capacity of 1,000 or more, that trees be planted asvegetative screening to control odor. [*]
(l) The secretary may adopt by rules and regulationssuch additional standards for location and construction of swinewaste retention lagoons and ponds utilized by swine facilitieshaving an animal unit capacity of 1,000 or more as the secretarydetermines necessary to protect the waters and soils of the stateand the public health.
(m) Before issuing any permit for a swine facility that will utilize aswine waste retention lagoon or pond or approving any plans for a swine wasteretention lagoon or pond, the department shall make a determination, afterconsultation with the state corporation commission, that there is nounplugged oil or gas well at the planned location of suchlagoonor pond. If, during construction of any swine waste retention lagoon or pond,an unplugged well is discovered at the location of such lagoon orpond, the facility owner and the facility operator shall have the duty toreport the discovery to the department immediately.
Article 1.--SECRETARY OF HEALTH AND ENVIRONMENT, ACTIVITIES
65-1,181.Manure management plan; lagoon standards;monitoring wells, when.(a) Each applicant for a permit forconstruction of a new swine facility having an animal unitcapacity of 1,000 or more or expansion of an existing swinefacility to an animal unit capacity of 1,000 or more shall submitwith the application for a permit a manure management plan andshall comply with the plan when the permit is issued by thedepartment.
(b) Each existing swine facility that has an animalunit capacity of 1,000 or more on the effective date of this actshall submit to the department, withinsix months after the rules and regulations implementing this act are adopted, amanure management plan for approvalby the department and shall comply with the plan as soonthereafter as practicable.
(c) Each manure management plan required by thissection shall describe the methods for, and account for, thedisposal of all manure and wastewater generated by the swinefacility. If the methods of disposal of the manure or wastewaterinclude land application, the facility also shall prepare anutrient utilization plan, as required by subsection (b) ofK.S.A. 65-1,182, and amendments thereto.
(d) Each swine facility that is required by thissection to have a manure management plan shall amend such planwhenever warranted by changes in the facility or in otherconditions affecting the facility.
(e) The secretary shall establish by rules and regulations thecircumstances under which amendments to manure management plansmust be submitted to the department for the department'sapproval.
(f) Each swine facility that is required by thissection to have a manure management plan shall maintain such planin accordance with K.S.A. 65-1,185, and amendments thereto.
(g) As a condition of approval of any permit for aswine facility that is required by this section to have a manuremanagement plan, the department shall require that, if theoperator of the facility does not own the swine at the facility,the operator shall execute with the owner of the swine a contractthat specifies responsibility for management of the manure andwastewater generated at the facility.
(h) If a swine facility is required by this section tohave a manure management plan and such facility generates manureor wastewater, or both, that is sold or given to a person who isnot employed by the facility and is to be disposed of by meansother than land application on areas covered by the facility'snutrient utilization plan, the department shall require that:
(1) The facility shall maintain a log of removal of themanure or wastewater from the facility and such log shall containthe following:
(A) The name and address of each person to whom themanure or wastewater is sold or given and of each hauler of themanure or wastewater;
(B) the date of the removal of the manure orwastewater; and
(C) the volume of the removed manure or wastewater; and
(2) the facility shall provide to the hauler of theremoved manure or wastewater the most recent manure nutrientanalysis conducted pursuant to subsection (c) of K.S.A. 65-1,182 andamendments thereto, if the removed manure or wastewater are to beland applied.
(i) (1) Except as provided by subsection (i)(5), if aswine waste retention lagoon or pond is utilized by a swinefacility that has an animal unit capacity of 3,725 or more and islocated where the groundwater is at a depth of 25 feet or lessfrom the underneath side of the liner of the lagoon or pond:
(A) The sides and bottom of such lagoon or pond shall belined with:
(i) A compacted soil linerwith a minimum depth of one foot and maximum seepage rate of 1/8 inch perday; or
(ii) an impermeable liner on top of a compacted soil liner with a minimumdepth of one foot and maximum seepage rate of 1/4 inch per day; and
(B) the facility operator shall be required to install notfewer than one upstream and two downstream groundwater monitoringwells for each such single cell lagoon or pond and for theprimary cell of each such multiple cell lagoon or pond, or employequivalent technology, as provided by rules and regulations ofthe secretary.
(2) Except as provided by subsections (i)(3),(4) and (5), ifa swine waste retention lagoon or pond is utilized by a swinefacility that has an animal unit capacity of 3,725 or more and islocated where the groundwater is at a depth of more than 25 feetfrom the underneath side of the liner of the lagoon or pond, thesides and bottom of suchlagoon or pond shall be lined with:
(A) A compacted soil linerwith a minimum depth of one foot and maximum seepage rate of 1/8 inch perday; or
(B) an impermeable liner on top of a compacted soil liner with a minimumdepth ofone foot and maximum seepage rate of 1/4 inch per day.
(3) If the compacted soil liner requirements of subsection(i)(2) cannot be met for one or more waste retention lagoons or pondsto which such subsection applies:
(A) The sides and bottom of such lagoons or ponds shall belined with an impermeable liner on top ofa soil liner compacted to the extent possible; and
(B) if the groundwater is at a depth of 150 feet orless from the surface of the land at the place where such lagoons or ponds arelocated, thefacility operator shall be required to install not fewer than oneupstream and two downstream groundwater monitoring wells for each such singlecell lagoon or pond and for the primary cell of each such multiple cell lagoonor pond, oremploy equivalent technology, as provided by rules andregulations of the secretary.
(4) Any swine waste retention lagoons or ponds existingon the effective date of this act and utilized by a swinefacility that has an animal unit capacity of 3,725 or more shallnot be required to meet the requirements of subsection (i)(1), (2) or (3) butthe facility operator shall be required to install, before January 1, 2000, notfewer than one upstream and twodownstream groundwater monitoring wells for each such single cell lagoon orpond and for the primary cell of each such multiple cell lagoon or pond, oremploy equivalenttechnology, as provided by rules and regulations of thesecretary, if the groundwater is at a depth of 150 feetor less from the surface of the land at the place where such lagoons or pondsare locatedunless: (A) The groundwater is at a depth of more than 25 feet from theunderneath side of the liner of the lagoons or ponds; and (B) the facilityoperator submits to the department engineering or field data that provescompliance with the requirements of subsection (i)(2).
(5) On or after January 1, 2000, if the secretarydetermines, based on scientific evidence, that the standardsimposed by subsections (i)(1), (2), (3) and (4) are not required to protect thegroundwater, the secretary may increase the animal unit capacityat which such standards apply.
(j) The secretary may require installation and samplingof groundwater monitoring wells in the vicinity of any swine wasteretention lagoon or pond when the secretary determines necessary, or thesecretary may allow the use ofequivalent technology, as provided by rules and regulations ofthe secretary. The locations and design of such monitoring wellsshall be subject to approval by the secretary.
(k) The secretary may require, as a condition ofissuance or renewal of a permit for a swine facility having ananimal unit capacity of 1,000 or more, that trees be planted asvegetative screening to control odor. [*]
(l) The secretary may adopt by rules and regulationssuch additional standards for location and construction of swinewaste retention lagoons and ponds utilized by swine facilitieshaving an animal unit capacity of 1,000 or more as the secretarydetermines necessary to protect the waters and soils of the stateand the public health.
(m) Before issuing any permit for a swine facility that will utilize aswine waste retention lagoon or pond or approving any plans for a swine wasteretention lagoon or pond, the department shall make a determination, afterconsultation with the state corporation commission, that there is nounplugged oil or gas well at the planned location of suchlagoonor pond. If, during construction of any swine waste retention lagoon or pond,an unplugged well is discovered at the location of such lagoon orpond, the facility owner and the facility operator shall have the duty toreport the discovery to the department immediately.
Article 1.--SECRETARY OF HEALTH AND ENVIRONMENT, ACTIVITIES
65-1,181.Manure management plan; lagoon standards;monitoring wells, when.(a) Each applicant for a permit forconstruction of a new swine facility having an animal unitcapacity of 1,000 or more or expansion of an existing swinefacility to an animal unit capacity of 1,000 or more shall submitwith the application for a permit a manure management plan andshall comply with the plan when the permit is issued by thedepartment.
(b) Each existing swine facility that has an animalunit capacity of 1,000 or more on the effective date of this actshall submit to the department, withinsix months after the rules and regulations implementing this act are adopted, amanure management plan for approvalby the department and shall comply with the plan as soonthereafter as practicable.
(c) Each manure management plan required by thissection shall describe the methods for, and account for, thedisposal of all manure and wastewater generated by the swinefacility. If the methods of disposal of the manure or wastewaterinclude land application, the facility also shall prepare anutrient utilization plan, as required by subsection (b) ofK.S.A. 65-1,182, and amendments thereto.
(d) Each swine facility that is required by thissection to have a manure management plan shall amend such planwhenever warranted by changes in the facility or in otherconditions affecting the facility.
(e) The secretary shall establish by rules and regulations thecircumstances under which amendments to manure management plansmust be submitted to the department for the department'sapproval.
(f) Each swine facility that is required by thissection to have a manure management plan shall maintain such planin accordance with K.S.A. 65-1,185, and amendments thereto.
(g) As a condition of approval of any permit for aswine facility that is required by this section to have a manuremanagement plan, the department shall require that, if theoperator of the facility does not own the swine at the facility,the operator shall execute with the owner of the swine a contractthat specifies responsibility for management of the manure andwastewater generated at the facility.
(h) If a swine facility is required by this section tohave a manure management plan and such facility generates manureor wastewater, or both, that is sold or given to a person who isnot employed by the facility and is to be disposed of by meansother than land application on areas covered by the facility'snutrient utilization plan, the department shall require that:
(1) The facility shall maintain a log of removal of themanure or wastewater from the facility and such log shall containthe following:
(A) The name and address of each person to whom themanure or wastewater is sold or given and of each hauler of themanure or wastewater;
(B) the date of the removal of the manure orwastewater; and
(C) the volume of the removed manure or wastewater; and
(2) the facility shall provide to the hauler of theremoved manure or wastewater the most recent manure nutrientanalysis conducted pursuant to subsection (c) of K.S.A. 65-1,182 andamendments thereto, if the removed manure or wastewater are to beland applied.
(i) (1) Except as provided by subsection (i)(5), if aswine waste retention lagoon or pond is utilized by a swinefacility that has an animal unit capacity of 3,725 or more and islocated where the groundwater is at a depth of 25 feet or lessfrom the underneath side of the liner of the lagoon or pond:
(A) The sides and bottom of such lagoon or pond shall belined with:
(i) A compacted soil linerwith a minimum depth of one foot and maximum seepage rate of 1/8 inch perday; or
(ii) an impermeable liner on top of a compacted soil liner with a minimumdepth of one foot and maximum seepage rate of 1/4 inch per day; and
(B) the facility operator shall be required to install notfewer than one upstream and two downstream groundwater monitoringwells for each such single cell lagoon or pond and for theprimary cell of each such multiple cell lagoon or pond, or employequivalent technology, as provided by rules and regulations ofthe secretary.
(2) Except as provided by subsections (i)(3),(4) and (5), ifa swine waste retention lagoon or pond is utilized by a swinefacility that has an animal unit capacity of 3,725 or more and islocated where the groundwater is at a depth of more than 25 feetfrom the underneath side of the liner of the lagoon or pond, thesides and bottom of suchlagoon or pond shall be lined with:
(A) A compacted soil linerwith a minimum depth of one foot and maximum seepage rate of 1/8 inch perday; or
(B) an impermeable liner on top of a compacted soil liner with a minimumdepth ofone foot and maximum seepage rate of 1/4 inch per day.
(3) If the compacted soil liner requirements of subsection(i)(2) cannot be met for one or more waste retention lagoons or pondsto which such subsection applies:
(A) The sides and bottom of such lagoons or ponds shall belined with an impermeable liner on top ofa soil liner compacted to the extent possible; and
(B) if the groundwater is at a depth of 150 feet orless from the surface of the land at the place where such lagoons or ponds arelocated, thefacility operator shall be required to install not fewer than oneupstream and two downstream groundwater monitoring wells for each such singlecell lagoon or pond and for the primary cell of each such multiple cell lagoonor pond, oremploy equivalent technology, as provided by rules andregulations of the secretary.
(4) Any swine waste retention lagoons or ponds existingon the effective date of this act and utilized by a swinefacility that has an animal unit capacity of 3,725 or more shallnot be required to meet the requirements of subsection (i)(1), (2) or (3) butthe facility operator shall be required to install, before January 1, 2000, notfewer than one upstream and twodownstream groundwater monitoring wells for each such single cell lagoon orpond and for the primary cell of each such multiple cell lagoon or pond, oremploy equivalenttechnology, as provided by rules and regulations of thesecretary, if the groundwater is at a depth of 150 feetor less from the surface of the land at the place where such lagoons or pondsare locatedunless: (A) The groundwater is at a depth of more than 25 feet from theunderneath side of the liner of the lagoons or ponds; and (B) the facilityoperator submits to the department engineering or field data that provescompliance with the requirements of subsection (i)(2).
(5) On or after January 1, 2000, if the secretarydetermines, based on scientific evidence, that the standardsimposed by subsections (i)(1), (2), (3) and (4) are not required to protect thegroundwater, the secretary may increase the animal unit capacityat which such standards apply.
(j) The secretary may require installation and samplingof groundwater monitoring wells in the vicinity of any swine wasteretention lagoon or pond when the secretary determines necessary, or thesecretary may allow the use ofequivalent technology, as provided by rules and regulations ofthe secretary. The locations and design of such monitoring wellsshall be subject to approval by the secretary.
(k) The secretary may require, as a condition ofissuance or renewal of a permit for a swine facility having ananimal unit capacity of 1,000 or more, that trees be planted asvegetative screening to control odor. [*]
(l) The secretary may adopt by rules and regulationssuch additional standards for location and construction of swinewaste retention lagoons and ponds utilized by swine facilitieshaving an animal unit capacity of 1,000 or more as the secretarydetermines necessary to protect the waters and soils of the stateand the public health.
(m) Before issuing any permit for a swine facility that will utilize aswine waste retention lagoon or pond or approving any plans for a swine wasteretention lagoon or pond, the department shall make a determination, afterconsultation with the state corporation commission, that there is nounplugged oil or gas well at the planned location of suchlagoonor pond. If, during construction of any swine waste retention lagoon or pond,an unplugged well is discovered at the location of such lagoon orpond, the facility owner and the facility operator shall have the duty toreport the discovery to the department immediately.
