Article 1.--SECRETARY OF HEALTH AND ENVIRONMENT, ACTIVITIES
65-1,182.Nutrient utilization plan; requirementsfor land application of manure or wastewater.(a) The department of health and environment shall not issue or renew a permitfor any swine facility that has an animal unit capacity of 1,000 or more andthat applies manure or wastewater to land unless:
(1) The land application process complies with theapplicable requirements of this section; and
(2) the nutrient utilization plan required by thissection is approved by the secretary ofhealth and environment as specified by K.S.A. 2009 Supp. 2-3318,and amendmentsthereto.
(b) (1) If the manure management plan preparedpursuantto K.S.A. 65-1,181 and amendments thereto provides for landapplication of manure or wastewater:
(A) The applicant for a permit for construction of anew swine facility or forexpansion of an existingswine facility shall submit with the application for apermit a nutrientutilization plan on a form prescribed bythe secretary of health and environment as applicableand shall comply with the plan when the permit isissued by the department of health and environment; and
(B) the operator of an existing swine facility shall submit to thedepartment of health and environment, withinsix months after the rules and regulations implementing this act are adopted, anutrient utilization plan on a form prescribed bythe secretary of health and environment, for approvalbythe secretary of health and environment and shallcomply with the plan by a date establishedby the secretary of health andenvironment.
(2) Each nutrient utilization plan shall addresssite-specific conditions for land application of manure,wastewater and other nutrient sources, comply with therequirements of this section and contain, at minimum, thefollowing:
(A) A site map of all land application areas, includingsection, township and range;
(B) crop rotations on the land application areas;
(C) annual records of soil tests, manure nutrientanalyses, and calculations required by subsection (c);
(D) nutrient budgets for the land application areas;
(E) rates, methods, frequency and timing of applicationof manure, wastewater and other nutrient sources to the landapplication areas;
(F) the amounts of nitrogen and phosphorus applied tothe land application areas;
(G) precipitation records and the amounts of irrigationand other water applied;
(H) records of inspections and preventive maintenanceof equipment required by subsection (f)(6);
(I) copies of all landowner agreements for land that isnot owned by the swine facility and is scheduled to receivemanure or wastewater;
(J) names of employees and contractors whom theoperator of the swine facility has identified pursuant tosubsection (f)(7) to supervise the process of transferring manureor wastewater to land application equipment and the process ofland application;
(K) records of training of all personnel who superviseand conduct the land application of manure or wastewater, asrequired by subsection (f)(7); and
(L) any other information required by the secretary of health andenvironment tofacilitate approval.
(3) (A) A swine facility that is requiredto have a nutrient utilization plan shall amend suchplan whenever warranted by changes in the facility,soil test results or other conditions affecting the facility.
(B) Amendments to the nutrient utilization plan must beapproved bythe secretary of health and environment.
(4) A swine facility that is required to have a nutrient utilization planshall maintain such plan in accordance with K.S.A. 65-1,185 and amendmentsthereto.
(c) (1) Each swine facility that has a manure management plan that includesland application of manure or wastewater shall:
(A) Conduct soil tests, including but not limited totests for nitrogen, phosphate, chloride, copper and zinc, onthe land application areas prior to preparation of the nutrientutilization plan and at least annually thereafter, or as often asrequired by best available soil science and standards relative tothe soils of, and crops to be grown on, the land applicationareas or as required bythe secretary of health and environment; and
(B) include the results of such tests in its nutrientutilization plan.
(2) Each swine facility that has a manure managementplan that includes land application of manure or wastewater orsells or gives manure or wastewater to third persons pursuant tosubsection (h) of K.S.A. 65-1,181 and amendments thereto shall:
(A) Conduct manure nutrient analyses of its manure andwastewater prior to preparation of its nutrient utilization planand at least every two years thereafter; and
(B) include the results of such analyses in itsnutrient utilization plan.
(3) Each swine facility that has a manure managementplan that includes land application of manure or wastewater shall:
(A) Compare the manure nutrient analyses required bysubsection (c)(2) with the soil tests required bysubsection (c)(1) to calculate needed fertility and applicationrates for pasture production and crop target yields on the landapplication areas prior to thepreparation of the nutrient utilization plan and each timethereafter when new soil tests or manure nutrient analyses are conducted; and
(B) include such calculations in the nutrient utilization plan.
(d) If a swine facility is required to have a nutrient utilization plan andfinds that the soil testsrequired pursuant to this act indicate that the phosphorusholding capacity for any soils in the facility's land applicationareas may be exceeded within five years, the facility shallpromptly initiate the process to obtain access to the additionalland application areas needed, or make other adjustments, toachieve the capability to apply manure or wastewater atappropriate agronomic rates.
(e) The Kansas departmentof health and environmentmay require a swine facilitythat is required to have a nutrient utilization planto apply manure or wastewater on all or a portion ofthe facility's land application areas at a rate within theagronomic phosphorus needs of the crops or pasture, or the soilphosphorus holding capacity, in less than the time originallyallowed in the approved nutrient utilization plan ifthe department of health and environmentfinds that the land application actionsof the facility are contributing to the impairment of groundwateror surface water.
(f) (1) Each swine facility that is requiredto have a nutrient utilization plan shall include in such plan, andthereafter comply with, the requirements that manure or wastewater shall not beapplied on bare ground by any process,other than incorporation into the soil during the same day,within 1,000 feet of any habitable structure, wildlife refuge or city, county,state or federal park, unless:
(A) The manure or wastewater has been subjected tophysical, biological or biochemical treatment or other treatmentmethod for odor reduction approved by the department of health and environment;
(B) the manure or wastewater is applied withinnovative treatment or application that is best availabletechnology for swine facilities and best management practices forswine facilities or other technology approved by the department of health andenvironment; or
(C) the owner of the habitable structure has provided a writtenwaiver to the facility.
(2) The separation distance requirements of subsection (f)(1) shallnot apply to any structure constructed or park designated as acity, county, state or federal park after the effective date of this act, forswine facilities in existence on the effective date of this act,or any structure constructed or park designated as a city, county, state orfederal park after submission of an application for a permit fora new swine facility or expansion of an existing swine facility.
(3) Swine facilities that are required to have a nutrient utilization planshall not apply manure or wastewater:
(A) To lands classified as highly erodible according to the conservationcompliance provisions of the federal food security act of 1985, as in effect onthe effective date of this act, and classified as highly erodible on the basisof erosion resulting from water runoff, except where soil conservationpractices to control erosion and runoff in compliance with the requirements ofthis section are identified in the facility's nutrient utilization plan and arefollowed by the facility;
(B) during rain storms, except where soil conservationpractices to control erosion and runoff in compliance with therequirements of this section are identified in the facility'snutrient utilization plan and are followed by the facility;
(C) to frozen or saturated soil, except where soilconservation practices to control runoff in compliance with therequirements of this section are identified in the facility'snutrient utilization plan and are followed by the facility; and
(D) to any areasto which the separation distance requirements of subsection (f) apply.
(4) Swine facilities that are required to have a nutrient utilization planshall follow procedures andprecautions in the land application of manure or wastewater toprevent discharge of manure or wastewater to surface water and groundwaterdue to excess infiltration, penetration of drainage tile lines,introduction into tile inlets or surface runoff, includingappropriate soil conservation practices to protect surface waterfrom runoff carrying eroded soil and manure particles.
(5) Swine facilities that are required to have a nutrient utilization planand that conduct wastewater irrigation shall:
(A) Employ measures to irrigate under conditions that reasonably preventsurface runoff; and
(B) use reasonable procedures and precautions to avoid spray driftfrom the land to which it is applied.
(6) Each swine facilitythat is required to have a nutrient utilization plan andthat land applies manure orwastewater shall ensure that any equipment used in the landapplication process is properly maintained and calibrated andmonitor the use of the equipment so that any malfunction thatdevelops during the land application process is detected and theprocess ceases until the malfunction is corrected.
(7) The operator of each swine facility that is required to have a nutrientutilization plan and that landapplies manure or wastewater shall:
(A) Identify, train and keep current the training ofeach employee and contractor who supervises the transfer ofmanure or wastewater to land application equipment and theconducting of land application activities; and
(B) train, and keep current the training of, allemployees and contractors who conduct land application activities.
(g) Each swine facility that is required to have a nutrientutilization plan shall amend such plan whenever warranted by changes inconditions. The operator of the facility shall file such plan and anyamendments to suchplan with the department of health and environment.
(h) The secretary of health andenvironment shall make adetermination to approve or disapprove a nutrient utilizationplan not later than 45 days after the plan is received from thedepartment of health and environment.
History: L. 1998, ch. 143, § 6;L. 2004, ch. 101, § 194;L. 2009, ch. 128, § 35; July 1.
Article 1.--SECRETARY OF HEALTH AND ENVIRONMENT, ACTIVITIES
65-1,182.Nutrient utilization plan; requirementsfor land application of manure or wastewater.(a) The department of health and environment shall not issue or renew a permitfor any swine facility that has an animal unit capacity of 1,000 or more andthat applies manure or wastewater to land unless:
(1) The land application process complies with theapplicable requirements of this section; and
(2) the nutrient utilization plan required by thissection is approved by the secretary ofhealth and environment as specified by K.S.A. 2009 Supp. 2-3318,and amendmentsthereto.
(b) (1) If the manure management plan preparedpursuantto K.S.A. 65-1,181 and amendments thereto provides for landapplication of manure or wastewater:
(A) The applicant for a permit for construction of anew swine facility or forexpansion of an existingswine facility shall submit with the application for apermit a nutrientutilization plan on a form prescribed bythe secretary of health and environment as applicableand shall comply with the plan when the permit isissued by the department of health and environment; and
(B) the operator of an existing swine facility shall submit to thedepartment of health and environment, withinsix months after the rules and regulations implementing this act are adopted, anutrient utilization plan on a form prescribed bythe secretary of health and environment, for approvalbythe secretary of health and environment and shallcomply with the plan by a date establishedby the secretary of health andenvironment.
(2) Each nutrient utilization plan shall addresssite-specific conditions for land application of manure,wastewater and other nutrient sources, comply with therequirements of this section and contain, at minimum, thefollowing:
(A) A site map of all land application areas, includingsection, township and range;
(B) crop rotations on the land application areas;
(C) annual records of soil tests, manure nutrientanalyses, and calculations required by subsection (c);
(D) nutrient budgets for the land application areas;
(E) rates, methods, frequency and timing of applicationof manure, wastewater and other nutrient sources to the landapplication areas;
(F) the amounts of nitrogen and phosphorus applied tothe land application areas;
(G) precipitation records and the amounts of irrigationand other water applied;
(H) records of inspections and preventive maintenanceof equipment required by subsection (f)(6);
(I) copies of all landowner agreements for land that isnot owned by the swine facility and is scheduled to receivemanure or wastewater;
(J) names of employees and contractors whom theoperator of the swine facility has identified pursuant tosubsection (f)(7) to supervise the process of transferring manureor wastewater to land application equipment and the process ofland application;
(K) records of training of all personnel who superviseand conduct the land application of manure or wastewater, asrequired by subsection (f)(7); and
(L) any other information required by the secretary of health andenvironment tofacilitate approval.
(3) (A) A swine facility that is requiredto have a nutrient utilization plan shall amend suchplan whenever warranted by changes in the facility,soil test results or other conditions affecting the facility.
(B) Amendments to the nutrient utilization plan must beapproved bythe secretary of health and environment.
(4) A swine facility that is required to have a nutrient utilization planshall maintain such plan in accordance with K.S.A. 65-1,185 and amendmentsthereto.
(c) (1) Each swine facility that has a manure management plan that includesland application of manure or wastewater shall:
(A) Conduct soil tests, including but not limited totests for nitrogen, phosphate, chloride, copper and zinc, onthe land application areas prior to preparation of the nutrientutilization plan and at least annually thereafter, or as often asrequired by best available soil science and standards relative tothe soils of, and crops to be grown on, the land applicationareas or as required bythe secretary of health and environment; and
(B) include the results of such tests in its nutrientutilization plan.
(2) Each swine facility that has a manure managementplan that includes land application of manure or wastewater orsells or gives manure or wastewater to third persons pursuant tosubsection (h) of K.S.A. 65-1,181 and amendments thereto shall:
(A) Conduct manure nutrient analyses of its manure andwastewater prior to preparation of its nutrient utilization planand at least every two years thereafter; and
(B) include the results of such analyses in itsnutrient utilization plan.
(3) Each swine facility that has a manure managementplan that includes land application of manure or wastewater shall:
(A) Compare the manure nutrient analyses required bysubsection (c)(2) with the soil tests required bysubsection (c)(1) to calculate needed fertility and applicationrates for pasture production and crop target yields on the landapplication areas prior to thepreparation of the nutrient utilization plan and each timethereafter when new soil tests or manure nutrient analyses are conducted; and
(B) include such calculations in the nutrient utilization plan.
(d) If a swine facility is required to have a nutrient utilization plan andfinds that the soil testsrequired pursuant to this act indicate that the phosphorusholding capacity for any soils in the facility's land applicationareas may be exceeded within five years, the facility shallpromptly initiate the process to obtain access to the additionalland application areas needed, or make other adjustments, toachieve the capability to apply manure or wastewater atappropriate agronomic rates.
(e) The Kansas departmentof health and environmentmay require a swine facilitythat is required to have a nutrient utilization planto apply manure or wastewater on all or a portion ofthe facility's land application areas at a rate within theagronomic phosphorus needs of the crops or pasture, or the soilphosphorus holding capacity, in less than the time originallyallowed in the approved nutrient utilization plan ifthe department of health and environmentfinds that the land application actionsof the facility are contributing to the impairment of groundwateror surface water.
(f) (1) Each swine facility that is requiredto have a nutrient utilization plan shall include in such plan, andthereafter comply with, the requirements that manure or wastewater shall not beapplied on bare ground by any process,other than incorporation into the soil during the same day,within 1,000 feet of any habitable structure, wildlife refuge or city, county,state or federal park, unless:
(A) The manure or wastewater has been subjected tophysical, biological or biochemical treatment or other treatmentmethod for odor reduction approved by the department of health and environment;
(B) the manure or wastewater is applied withinnovative treatment or application that is best availabletechnology for swine facilities and best management practices forswine facilities or other technology approved by the department of health andenvironment; or
(C) the owner of the habitable structure has provided a writtenwaiver to the facility.
(2) The separation distance requirements of subsection (f)(1) shallnot apply to any structure constructed or park designated as acity, county, state or federal park after the effective date of this act, forswine facilities in existence on the effective date of this act,or any structure constructed or park designated as a city, county, state orfederal park after submission of an application for a permit fora new swine facility or expansion of an existing swine facility.
(3) Swine facilities that are required to have a nutrient utilization planshall not apply manure or wastewater:
(A) To lands classified as highly erodible according to the conservationcompliance provisions of the federal food security act of 1985, as in effect onthe effective date of this act, and classified as highly erodible on the basisof erosion resulting from water runoff, except where soil conservationpractices to control erosion and runoff in compliance with the requirements ofthis section are identified in the facility's nutrient utilization plan and arefollowed by the facility;
(B) during rain storms, except where soil conservationpractices to control erosion and runoff in compliance with therequirements of this section are identified in the facility'snutrient utilization plan and are followed by the facility;
(C) to frozen or saturated soil, except where soilconservation practices to control runoff in compliance with therequirements of this section are identified in the facility'snutrient utilization plan and are followed by the facility; and
(D) to any areasto which the separation distance requirements of subsection (f) apply.
(4) Swine facilities that are required to have a nutrient utilization planshall follow procedures andprecautions in the land application of manure or wastewater toprevent discharge of manure or wastewater to surface water and groundwaterdue to excess infiltration, penetration of drainage tile lines,introduction into tile inlets or surface runoff, includingappropriate soil conservation practices to protect surface waterfrom runoff carrying eroded soil and manure particles.
(5) Swine facilities that are required to have a nutrient utilization planand that conduct wastewater irrigation shall:
(A) Employ measures to irrigate under conditions that reasonably preventsurface runoff; and
(B) use reasonable procedures and precautions to avoid spray driftfrom the land to which it is applied.
(6) Each swine facilitythat is required to have a nutrient utilization plan andthat land applies manure orwastewater shall ensure that any equipment used in the landapplication process is properly maintained and calibrated andmonitor the use of the equipment so that any malfunction thatdevelops during the land application process is detected and theprocess ceases until the malfunction is corrected.
(7) The operator of each swine facility that is required to have a nutrientutilization plan and that landapplies manure or wastewater shall:
(A) Identify, train and keep current the training ofeach employee and contractor who supervises the transfer ofmanure or wastewater to land application equipment and theconducting of land application activities; and
(B) train, and keep current the training of, allemployees and contractors who conduct land application activities.
(g) Each swine facility that is required to have a nutrientutilization plan shall amend such plan whenever warranted by changes inconditions. The operator of the facility shall file such plan and anyamendments to suchplan with the department of health and environment.
(h) The secretary of health andenvironment shall make adetermination to approve or disapprove a nutrient utilizationplan not later than 45 days after the plan is received from thedepartment of health and environment.
History: L. 1998, ch. 143, § 6;L. 2004, ch. 101, § 194;L. 2009, ch. 128, § 35; July 1.
Article 1.--SECRETARY OF HEALTH AND ENVIRONMENT, ACTIVITIES
65-1,182.Nutrient utilization plan; requirementsfor land application of manure or wastewater.(a) The department of health and environment shall not issue or renew a permitfor any swine facility that has an animal unit capacity of 1,000 or more andthat applies manure or wastewater to land unless:
(1) The land application process complies with theapplicable requirements of this section; and
(2) the nutrient utilization plan required by thissection is approved by the secretary ofhealth and environment as specified by K.S.A. 2009 Supp. 2-3318,and amendmentsthereto.
(b) (1) If the manure management plan preparedpursuantto K.S.A. 65-1,181 and amendments thereto provides for landapplication of manure or wastewater:
(A) The applicant for a permit for construction of anew swine facility or forexpansion of an existingswine facility shall submit with the application for apermit a nutrientutilization plan on a form prescribed bythe secretary of health and environment as applicableand shall comply with the plan when the permit isissued by the department of health and environment; and
(B) the operator of an existing swine facility shall submit to thedepartment of health and environment, withinsix months after the rules and regulations implementing this act are adopted, anutrient utilization plan on a form prescribed bythe secretary of health and environment, for approvalbythe secretary of health and environment and shallcomply with the plan by a date establishedby the secretary of health andenvironment.
(2) Each nutrient utilization plan shall addresssite-specific conditions for land application of manure,wastewater and other nutrient sources, comply with therequirements of this section and contain, at minimum, thefollowing:
(A) A site map of all land application areas, includingsection, township and range;
(B) crop rotations on the land application areas;
(C) annual records of soil tests, manure nutrientanalyses, and calculations required by subsection (c);
(D) nutrient budgets for the land application areas;
(E) rates, methods, frequency and timing of applicationof manure, wastewater and other nutrient sources to the landapplication areas;
(F) the amounts of nitrogen and phosphorus applied tothe land application areas;
(G) precipitation records and the amounts of irrigationand other water applied;
(H) records of inspections and preventive maintenanceof equipment required by subsection (f)(6);
(I) copies of all landowner agreements for land that isnot owned by the swine facility and is scheduled to receivemanure or wastewater;
(J) names of employees and contractors whom theoperator of the swine facility has identified pursuant tosubsection (f)(7) to supervise the process of transferring manureor wastewater to land application equipment and the process ofland application;
(K) records of training of all personnel who superviseand conduct the land application of manure or wastewater, asrequired by subsection (f)(7); and
(L) any other information required by the secretary of health andenvironment tofacilitate approval.
(3) (A) A swine facility that is requiredto have a nutrient utilization plan shall amend suchplan whenever warranted by changes in the facility,soil test results or other conditions affecting the facility.
(B) Amendments to the nutrient utilization plan must beapproved bythe secretary of health and environment.
(4) A swine facility that is required to have a nutrient utilization planshall maintain such plan in accordance with K.S.A. 65-1,185 and amendmentsthereto.
(c) (1) Each swine facility that has a manure management plan that includesland application of manure or wastewater shall:
(A) Conduct soil tests, including but not limited totests for nitrogen, phosphate, chloride, copper and zinc, onthe land application areas prior to preparation of the nutrientutilization plan and at least annually thereafter, or as often asrequired by best available soil science and standards relative tothe soils of, and crops to be grown on, the land applicationareas or as required bythe secretary of health and environment; and
(B) include the results of such tests in its nutrientutilization plan.
(2) Each swine facility that has a manure managementplan that includes land application of manure or wastewater orsells or gives manure or wastewater to third persons pursuant tosubsection (h) of K.S.A. 65-1,181 and amendments thereto shall:
(A) Conduct manure nutrient analyses of its manure andwastewater prior to preparation of its nutrient utilization planand at least every two years thereafter; and
(B) include the results of such analyses in itsnutrient utilization plan.
(3) Each swine facility that has a manure managementplan that includes land application of manure or wastewater shall:
(A) Compare the manure nutrient analyses required bysubsection (c)(2) with the soil tests required bysubsection (c)(1) to calculate needed fertility and applicationrates for pasture production and crop target yields on the landapplication areas prior to thepreparation of the nutrient utilization plan and each timethereafter when new soil tests or manure nutrient analyses are conducted; and
(B) include such calculations in the nutrient utilization plan.
(d) If a swine facility is required to have a nutrient utilization plan andfinds that the soil testsrequired pursuant to this act indicate that the phosphorusholding capacity for any soils in the facility's land applicationareas may be exceeded within five years, the facility shallpromptly initiate the process to obtain access to the additionalland application areas needed, or make other adjustments, toachieve the capability to apply manure or wastewater atappropriate agronomic rates.
(e) The Kansas departmentof health and environmentmay require a swine facilitythat is required to have a nutrient utilization planto apply manure or wastewater on all or a portion ofthe facility's land application areas at a rate within theagronomic phosphorus needs of the crops or pasture, or the soilphosphorus holding capacity, in less than the time originallyallowed in the approved nutrient utilization plan ifthe department of health and environmentfinds that the land application actionsof the facility are contributing to the impairment of groundwateror surface water.
(f) (1) Each swine facility that is requiredto have a nutrient utilization plan shall include in such plan, andthereafter comply with, the requirements that manure or wastewater shall not beapplied on bare ground by any process,other than incorporation into the soil during the same day,within 1,000 feet of any habitable structure, wildlife refuge or city, county,state or federal park, unless:
(A) The manure or wastewater has been subjected tophysical, biological or biochemical treatment or other treatmentmethod for odor reduction approved by the department of health and environment;
(B) the manure or wastewater is applied withinnovative treatment or application that is best availabletechnology for swine facilities and best management practices forswine facilities or other technology approved by the department of health andenvironment; or
(C) the owner of the habitable structure has provided a writtenwaiver to the facility.
(2) The separation distance requirements of subsection (f)(1) shallnot apply to any structure constructed or park designated as acity, county, state or federal park after the effective date of this act, forswine facilities in existence on the effective date of this act,or any structure constructed or park designated as a city, county, state orfederal park after submission of an application for a permit fora new swine facility or expansion of an existing swine facility.
(3) Swine facilities that are required to have a nutrient utilization planshall not apply manure or wastewater:
(A) To lands classified as highly erodible according to the conservationcompliance provisions of the federal food security act of 1985, as in effect onthe effective date of this act, and classified as highly erodible on the basisof erosion resulting from water runoff, except where soil conservationpractices to control erosion and runoff in compliance with the requirements ofthis section are identified in the facility's nutrient utilization plan and arefollowed by the facility;
(B) during rain storms, except where soil conservationpractices to control erosion and runoff in compliance with therequirements of this section are identified in the facility'snutrient utilization plan and are followed by the facility;
(C) to frozen or saturated soil, except where soilconservation practices to control runoff in compliance with therequirements of this section are identified in the facility'snutrient utilization plan and are followed by the facility; and
(D) to any areasto which the separation distance requirements of subsection (f) apply.
(4) Swine facilities that are required to have a nutrient utilization planshall follow procedures andprecautions in the land application of manure or wastewater toprevent discharge of manure or wastewater to surface water and groundwaterdue to excess infiltration, penetration of drainage tile lines,introduction into tile inlets or surface runoff, includingappropriate soil conservation practices to protect surface waterfrom runoff carrying eroded soil and manure particles.
(5) Swine facilities that are required to have a nutrient utilization planand that conduct wastewater irrigation shall:
(A) Employ measures to irrigate under conditions that reasonably preventsurface runoff; and
(B) use reasonable procedures and precautions to avoid spray driftfrom the land to which it is applied.
(6) Each swine facilitythat is required to have a nutrient utilization plan andthat land applies manure orwastewater shall ensure that any equipment used in the landapplication process is properly maintained and calibrated andmonitor the use of the equipment so that any malfunction thatdevelops during the land application process is detected and theprocess ceases until the malfunction is corrected.
(7) The operator of each swine facility that is required to have a nutrientutilization plan and that landapplies manure or wastewater shall:
(A) Identify, train and keep current the training ofeach employee and contractor who supervises the transfer ofmanure or wastewater to land application equipment and theconducting of land application activities; and
(B) train, and keep current the training of, allemployees and contractors who conduct land application activities.
(g) Each swine facility that is required to have a nutrientutilization plan shall amend such plan whenever warranted by changes inconditions. The operator of the facility shall file such plan and anyamendments to suchplan with the department of health and environment.
(h) The secretary of health andenvironment shall make adetermination to approve or disapprove a nutrient utilizationplan not later than 45 days after the plan is received from thedepartment of health and environment.
History: L. 1998, ch. 143, § 6;L. 2004, ch. 101, § 194;L. 2009, ch. 128, § 35; July 1.
