Article 1.--SECRETARY OF HEALTH AND ENVIRONMENT, ACTIVITIES
65-1,193.Denial, suspension or revocation ofpermit; penalties for certain violations.(a) The secretary may deny an application forany permit, whether new or a renewal, for a swine facility and,upon notice and opportunity for hearing in accordance with theKansas administrative procedure act, may suspend or revoke anypermit for a swine facility, if the secretary finds that theapplicant, or any officer, director, partner or resident managerof the applicant has:
(1) Intentionally misrepresented a material fact inapplying for any permit;
(2) habitually or intentionally violated environmentallaws of this or any other state or of the United States and theviolations have caused significant and material environmentaldamage; or
(3) had any permit revoked under the environmental lawsof this or any other state or of the United States.
(b) Failure of the operator of a swine confined feedingfacility to implement any required manure management, emergencyresponse, odor control, facility closure or dead swine handlingplan:
(1) May render the operator liable for a civil penaltypursuant to K.S.A. 65-170d and amendments thereto; and
(2) upon notice and opportunity for hearing in accordancewith the Kansas administrative procedure act, shall be groundsfor the secretary to suspend the permit for such facility.
Article 1.--SECRETARY OF HEALTH AND ENVIRONMENT, ACTIVITIES
65-1,193.Denial, suspension or revocation ofpermit; penalties for certain violations.(a) The secretary may deny an application forany permit, whether new or a renewal, for a swine facility and,upon notice and opportunity for hearing in accordance with theKansas administrative procedure act, may suspend or revoke anypermit for a swine facility, if the secretary finds that theapplicant, or any officer, director, partner or resident managerof the applicant has:
(1) Intentionally misrepresented a material fact inapplying for any permit;
(2) habitually or intentionally violated environmentallaws of this or any other state or of the United States and theviolations have caused significant and material environmentaldamage; or
(3) had any permit revoked under the environmental lawsof this or any other state or of the United States.
(b) Failure of the operator of a swine confined feedingfacility to implement any required manure management, emergencyresponse, odor control, facility closure or dead swine handlingplan:
(1) May render the operator liable for a civil penaltypursuant to K.S.A. 65-170d and amendments thereto; and
(2) upon notice and opportunity for hearing in accordancewith the Kansas administrative procedure act, shall be groundsfor the secretary to suspend the permit for such facility.
Article 1.--SECRETARY OF HEALTH AND ENVIRONMENT, ACTIVITIES
65-1,193.Denial, suspension or revocation ofpermit; penalties for certain violations.(a) The secretary may deny an application forany permit, whether new or a renewal, for a swine facility and,upon notice and opportunity for hearing in accordance with theKansas administrative procedure act, may suspend or revoke anypermit for a swine facility, if the secretary finds that theapplicant, or any officer, director, partner or resident managerof the applicant has:
(1) Intentionally misrepresented a material fact inapplying for any permit;
(2) habitually or intentionally violated environmentallaws of this or any other state or of the United States and theviolations have caused significant and material environmentaldamage; or
(3) had any permit revoked under the environmental lawsof this or any other state or of the United States.
(b) Failure of the operator of a swine confined feedingfacility to implement any required manure management, emergencyresponse, odor control, facility closure or dead swine handlingplan:
(1) May render the operator liable for a civil penaltypursuant to K.S.A. 65-170d and amendments thereto; and
(2) upon notice and opportunity for hearing in accordancewith the Kansas administrative procedure act, shall be groundsfor the secretary to suspend the permit for such facility.
