Article 1.--SECRETARY OF HEALTH AND ENVIRONMENT, ACTIVITIES
65-1,190.Lagoon closure plan; demonstration offinancial ability.(a) (1) Each swine facility that has an animal unit capacityof 3,725 or more and has a swine waste retentionlagoon or pond shall maintain the facility at alltimes until it is certified to comply fully with the closurerequirements of this subsection (a).
(2) (A) Any swine facility that has an animal unit capacity of 3,725 ormore and ceases to operate shallclose any swine waste retention lagoon or pond of the facility inaccordance with the requirements of this subsection (a).
(B) Any swine facility that has an animal unit capacity of 3,725 or moreand has a swine waste retentionlagoon or pond that has not received manure or wastewater fromthe facility for a period of 12 consecutive months shall closethe facility in accordance with the requirements of thissubsection (a), unless:
(i) The facility continues to operate;
(ii) the facility intends to restore use of the lagoonor pond at a later date; and
(iii) the facility maintains the lagoon or pond asthough it were actively used, adding fresh water to replace waterlost to evaporation and preventing loss or compromise ofstructural integrity or removes and disposes of all manure andwastewater in accordance with the requirements of this act andrefills the lagoon or pond with clean water to preserve theintegrity of the synthetic or earthen liner.
(C) Any swine facility that has an animal unit capacity of 3,725 or more andchooses not to close aswine waste retention lagoon or pond pursuant to subsection (a)(2)(B)shall:
(i) Notify the department of the decision and theactions taken to comply with the requirements of subsection(a)(2)(B);
(ii) conduct routine inspections, maintenance andrecord keeping as though the facility were in use; and
(iii) prior to restoration of use of the lagoon orpond, notify the department and provide the department with theopportunity to inspect the facility to ensure that it complieswith the requirements of K.S.A. 65-1,180 and amendments thereto.
(3) To close a swine waste retention lagoon or pond, a swinefacility that has an animal unit capacity of 3,725 or more shall remove allmanure and wastewater, as well as allassociated appurtenances and conveyance structures, from thelagoon or pond and dispose of the manure or wastewater inaccordance with the requirements of this act or, if the facilityrequests, as determined otherwise by the department.
(4) The secretary shall adopt rules and regulationsestablishing standards and procedures for demolition of any swine wasteretention lagoon or pond, or conversion of the lagoon or pond toanother use (such as a farm pond), as a condition of closure for a swinefacility that has an animal unit capacity of 3,725 or more.
(5) Upon notification to the department by a swinefacility having an animal unit capacity of 3,725 or more that a swine wasteretention lagoon or pond utilized by the facility has been closed,the department shall inspect the lagoon or pond and certifywhether the closure complies with the requirements of thissubsection (a).
(6) The secretary shall establish, by rules andregulations, standard maximum periods for completion of allclosure activities for swine waste retention lagoons and ponds utilized byswine facilities having an animal unit capacity of 3,725 or more from thedate of cessation of operation of the lagoon or pond to the dateof compliance with all closure requirements of this subsection(a).
(b) When a swine facility having an animal unit capacity of 3,725 or moreceases to operate, it shallclose all other manure and wastewater storage facilities to whichsubsection (a) does not apply removing all manure and wastewaterfrom the manure and wastewater storage facility and disposing ofthe manure and wastewater in accordance with the requirements ofthis act or, if the operator of the swine facility requests, as determinedotherwise by the department.
(c) On and after July 1, 2000, the operator of each swine facility thathas acapacity of 3,725 animal units or more and has a swine wasteretention lagoon or pond shall demonstrate to thedepartment, annually at a time specified by the department, evidence,satisfactory to the department, that theoperator has financial ability to cover the cost of closure ofthe lagoon or pond as required by the department.
Article 1.--SECRETARY OF HEALTH AND ENVIRONMENT, ACTIVITIES
65-1,190.Lagoon closure plan; demonstration offinancial ability.(a) (1) Each swine facility that has an animal unit capacityof 3,725 or more and has a swine waste retentionlagoon or pond shall maintain the facility at alltimes until it is certified to comply fully with the closurerequirements of this subsection (a).
(2) (A) Any swine facility that has an animal unit capacity of 3,725 ormore and ceases to operate shallclose any swine waste retention lagoon or pond of the facility inaccordance with the requirements of this subsection (a).
(B) Any swine facility that has an animal unit capacity of 3,725 or moreand has a swine waste retentionlagoon or pond that has not received manure or wastewater fromthe facility for a period of 12 consecutive months shall closethe facility in accordance with the requirements of thissubsection (a), unless:
(i) The facility continues to operate;
(ii) the facility intends to restore use of the lagoonor pond at a later date; and
(iii) the facility maintains the lagoon or pond asthough it were actively used, adding fresh water to replace waterlost to evaporation and preventing loss or compromise ofstructural integrity or removes and disposes of all manure andwastewater in accordance with the requirements of this act andrefills the lagoon or pond with clean water to preserve theintegrity of the synthetic or earthen liner.
(C) Any swine facility that has an animal unit capacity of 3,725 or more andchooses not to close aswine waste retention lagoon or pond pursuant to subsection (a)(2)(B)shall:
(i) Notify the department of the decision and theactions taken to comply with the requirements of subsection(a)(2)(B);
(ii) conduct routine inspections, maintenance andrecord keeping as though the facility were in use; and
(iii) prior to restoration of use of the lagoon orpond, notify the department and provide the department with theopportunity to inspect the facility to ensure that it complieswith the requirements of K.S.A. 65-1,180 and amendments thereto.
(3) To close a swine waste retention lagoon or pond, a swinefacility that has an animal unit capacity of 3,725 or more shall remove allmanure and wastewater, as well as allassociated appurtenances and conveyance structures, from thelagoon or pond and dispose of the manure or wastewater inaccordance with the requirements of this act or, if the facilityrequests, as determined otherwise by the department.
(4) The secretary shall adopt rules and regulationsestablishing standards and procedures for demolition of any swine wasteretention lagoon or pond, or conversion of the lagoon or pond toanother use (such as a farm pond), as a condition of closure for a swinefacility that has an animal unit capacity of 3,725 or more.
(5) Upon notification to the department by a swinefacility having an animal unit capacity of 3,725 or more that a swine wasteretention lagoon or pond utilized by the facility has been closed,the department shall inspect the lagoon or pond and certifywhether the closure complies with the requirements of thissubsection (a).
(6) The secretary shall establish, by rules andregulations, standard maximum periods for completion of allclosure activities for swine waste retention lagoons and ponds utilized byswine facilities having an animal unit capacity of 3,725 or more from thedate of cessation of operation of the lagoon or pond to the dateof compliance with all closure requirements of this subsection(a).
(b) When a swine facility having an animal unit capacity of 3,725 or moreceases to operate, it shallclose all other manure and wastewater storage facilities to whichsubsection (a) does not apply removing all manure and wastewaterfrom the manure and wastewater storage facility and disposing ofthe manure and wastewater in accordance with the requirements ofthis act or, if the operator of the swine facility requests, as determinedotherwise by the department.
(c) On and after July 1, 2000, the operator of each swine facility thathas acapacity of 3,725 animal units or more and has a swine wasteretention lagoon or pond shall demonstrate to thedepartment, annually at a time specified by the department, evidence,satisfactory to the department, that theoperator has financial ability to cover the cost of closure ofthe lagoon or pond as required by the department.
Article 1.--SECRETARY OF HEALTH AND ENVIRONMENT, ACTIVITIES
65-1,190.Lagoon closure plan; demonstration offinancial ability.(a) (1) Each swine facility that has an animal unit capacityof 3,725 or more and has a swine waste retentionlagoon or pond shall maintain the facility at alltimes until it is certified to comply fully with the closurerequirements of this subsection (a).
(2) (A) Any swine facility that has an animal unit capacity of 3,725 ormore and ceases to operate shallclose any swine waste retention lagoon or pond of the facility inaccordance with the requirements of this subsection (a).
(B) Any swine facility that has an animal unit capacity of 3,725 or moreand has a swine waste retentionlagoon or pond that has not received manure or wastewater fromthe facility for a period of 12 consecutive months shall closethe facility in accordance with the requirements of thissubsection (a), unless:
(i) The facility continues to operate;
(ii) the facility intends to restore use of the lagoonor pond at a later date; and
(iii) the facility maintains the lagoon or pond asthough it were actively used, adding fresh water to replace waterlost to evaporation and preventing loss or compromise ofstructural integrity or removes and disposes of all manure andwastewater in accordance with the requirements of this act andrefills the lagoon or pond with clean water to preserve theintegrity of the synthetic or earthen liner.
(C) Any swine facility that has an animal unit capacity of 3,725 or more andchooses not to close aswine waste retention lagoon or pond pursuant to subsection (a)(2)(B)shall:
(i) Notify the department of the decision and theactions taken to comply with the requirements of subsection(a)(2)(B);
(ii) conduct routine inspections, maintenance andrecord keeping as though the facility were in use; and
(iii) prior to restoration of use of the lagoon orpond, notify the department and provide the department with theopportunity to inspect the facility to ensure that it complieswith the requirements of K.S.A. 65-1,180 and amendments thereto.
(3) To close a swine waste retention lagoon or pond, a swinefacility that has an animal unit capacity of 3,725 or more shall remove allmanure and wastewater, as well as allassociated appurtenances and conveyance structures, from thelagoon or pond and dispose of the manure or wastewater inaccordance with the requirements of this act or, if the facilityrequests, as determined otherwise by the department.
(4) The secretary shall adopt rules and regulationsestablishing standards and procedures for demolition of any swine wasteretention lagoon or pond, or conversion of the lagoon or pond toanother use (such as a farm pond), as a condition of closure for a swinefacility that has an animal unit capacity of 3,725 or more.
(5) Upon notification to the department by a swinefacility having an animal unit capacity of 3,725 or more that a swine wasteretention lagoon or pond utilized by the facility has been closed,the department shall inspect the lagoon or pond and certifywhether the closure complies with the requirements of thissubsection (a).
(6) The secretary shall establish, by rules andregulations, standard maximum periods for completion of allclosure activities for swine waste retention lagoons and ponds utilized byswine facilities having an animal unit capacity of 3,725 or more from thedate of cessation of operation of the lagoon or pond to the dateof compliance with all closure requirements of this subsection(a).
(b) When a swine facility having an animal unit capacity of 3,725 or moreceases to operate, it shallclose all other manure and wastewater storage facilities to whichsubsection (a) does not apply removing all manure and wastewaterfrom the manure and wastewater storage facility and disposing ofthe manure and wastewater in accordance with the requirements ofthis act or, if the operator of the swine facility requests, as determinedotherwise by the department.
(c) On and after July 1, 2000, the operator of each swine facility thathas acapacity of 3,725 animal units or more and has a swine wasteretention lagoon or pond shall demonstrate to thedepartment, annually at a time specified by the department, evidence,satisfactory to the department, that theoperator has financial ability to cover the cost of closure ofthe lagoon or pond as required by the department.
