65-1,179. Permit application; public notice, comment, hearing; department action, when. (a) After receipt of an application for a permit for construction of a new swine facility or expansion of an existing swine facility, the department shall publish in the Kansas register a notice of receipt of the application which shall include but not be limited to:
(1) The names and addresses of the operator of the facility and the owner of the property where the facility is or will be located; and
(2) notice of the availability of the document and fact sheet prepared pursuant to subsection (b).
(b) After receipt of an application for a permit for construction of a new swine facility or expansion of an existing swine facility, the department shall prepare the following, which, at a minimum, shall be made available on the internet and shall be available for inspection and copying, in accordance with the open records act, at the department's office in the district where the swine facility is or will be located:
(1) A document containing all the requirements with which the swine facility must comply upon approval by the department and a brief explanation of the statutory or regulatory provisions on which the requirements are based;
(2) any determinations of, and explanations for, departures from any requirements otherwise applicable to the facility, including citations to the applicable guidelines, development documents or authorities for the departures; and
(3) a fact sheet containing the following information required in the application:
(A) A detailed description of the location of the facility, including the section, township and range, with reference to any applicable comprehensive land use plan or zoning requirements;
(B) a map showing water wells located on the facility's property, landmarks in the vicinity and nearby streams and bodies of water;
(C) a description of the facility, including the swine waste management system and facilities and any areas designated by the applicant for future expansion as provided for by subsection (k) of K.S.A. 65-171d and amendments thereto;
(D) a nutrient application plan, if required by K.S.A. 65-1,182, including base-line soil tests for a new facility or new field to which wastes will be applied, and a crop rotation plan; and
(E) a statement that the applicant will consult with the county extension agent or a qualified agronomist or individual trained in crop protection to ensure that correct agronomic rates of application are used and records of those consultations will be maintained by the applicant.
(c) The secretary shall establish by rules and regulations the form of public notice that is required for receipt of a completed application for a permit for construction of a new swine facility or expansion of an existing swine facility. Such notice shall be by publication in a newspaper of general circulation in the county where the facility is or will be located, direct notification of residents in the vicinity of the facility and notification of local government officials.
(d) The public notice required by subsection (c) shall contain the following:
(1) The name, address and telephone number of the official at the department who is responsible for processing the application and the locations where further information and copies of documents can be reviewed, which locations shall be in the county where the facility is or will be located;
(2) the names and addresses of the operator of the facility and the owner of the property where the facility is or will be located;
(3) a statement of the tentative determination of the department to approve the issuance of the permit;
(4) a brief description of the procedures and schedule for making the final determination of approval or disapproval;
(5) notice of availability of the document and fact sheet prepared pursuant to subsection (b);
(6) a request for public comment on the tentative decision to approve the issuance of the permit and the requirements for the facility described in the document prepared pursuant to subsection (b)(1); and
(7) a description of the procedures for providing public comment.
(e) The department shall provide a period of 30 days from the date of the public notice required by subsection (c) for submission of public comments.
(f) The department, in its discretion, may hold a public meeting or hearing within 60 days after the conclusion of the comment period required by subsection (e) to receive further public comment if the department determines that significant environmental or technical concerns or issues have been raised during the comment period. The department shall hold a public hearing within 60 days after the conclusion of the comment period required by subsection (e) to receive further public comment if a hearing is requested by any owner of a habitable structure within the applicable separation distance. Public meetings and hearings held pursuant to this subsection shall address only those matters for which the secretary has authority.
(g) The department shall not make a determination to approve the issuance of a permit until completion of the procedures required by this section. The department may disapprove at any time the issuance of a permit without completing the procedures required by this section.
(h) The department shall make the determination to approve or disapprove the issuance of a permit not later than 180 days after the completed application is filed with the department.
(i) An operator of a swine facility shall submit a registration or application to the department before initiating construction or operation of either a swine facility or a swine waste management system. When the department finds no permit is required, construction or operation of the swine facility may be initiated upon issuance, by the department, of a certification. When the department determines a permit or permit modification is required for the swine facility, construction may be initiated upon approval of the application, construction plans, specifications and swine waste management plan. Operation and stocking of a swine facility for which a permit is required shall not be initiated until the department issues the permit. An operator of a swine facility for which a permit modification is required because of a proposed facility expansion shall not increase the number of swine at the facility beyond that authorized by the permit until the department issues the modified permit.
History: L. 1998, ch. 143, ยง 3; May 7.
Structure Kansas Statutes
Article 1 - Secretary Of Health And Environment, Activities
65-102 Registration of vital statistics and diseases; forms.
65-102b Confidentiality of information concerning noninfectious diseases; disclosure.
65-103 Special sanitary service.
65-103a Authority to receive federal or other funds.
65-103b Federal title X funding priorities for family planning services.
65-116b Tuberculosis suspects; order by health officer; scope of examination; care and treatment.
65-116c Precautions to prevent spread of infection, when; investigations.
65-116d Failure to do required acts; proceedings by county attorney.
65-116e Commitment to medical care facility; restraint; discharge, when; recommitment.
65-116g Penalty for violations of act or regulations.
65-116h Preservation of individual rights.
65-116i Expenses of care, maintenance and treatment; payment from state funds.
65-116l Use of funds for care, maintenance or treatment; limitations.
65-116m Recovery of cost of care, maintenance or treatment from third parties.
65-122 Schools and child care facilities; non-admissions and exclusions; readmissions, when.
65-126 Quarantine of city, township or county.
65-129 Penalties for unlawful acts.
65-129d Same; unlawful discharge from employment.
65-153 Child hygiene; duties of division of public health.
65-153b Newly born infant; treatment of eyes.
65-153c Same; duty of physician and others.
65-153d Same; rules and regulations.
65-153e Same; penalty for violating 65-153b to 65-153e.
65-157 Same; analysis by office of laboratory services; disposition of fees.
65-159 Abatement of nuisances; failure to remove, penalties.
65-160 Same; duty of county attorney.
65-162a Public water supply systems; definitions.
65-163a Same; cessation of water delivery, when; order by secretary, judicial review.
65-163d Public water supply project loan program; definitions.
65-163g Same; project priority system development; priority list preparation, considerations.
65-163h Same; intended use plan for available moneys.
65-163l Same; authority to issue bonds.
65-163m Same; bond resolutions, contents; authorities of secretary relating to issuance of bonds.
65-163o Same; issuance of refunding bonds.
65-163p Same; disposition of revenue derived from bond sales.
65-163q Same; income from bonds exempt from taxation.
65-163r Same; bonds deemed legal and proper securities for investment by governmental entities.
65-163s Same; powers supplemental to other powers of the secretary; severability.
65-163t Same; publication of notice of bond issuance, contents; actions to contest, timing.
65-164 Sewage; definition; complaints, investigations, orders; administrative review.
65-166 Application for permit to discharge sewage.
65-166b Water program management fund.
65-169 Same; penalties for failure to comply with requirements of secretary.
65-170a Public water supply systems, water pollution, sewage discharge; "person" defined.
65-170b Same; access to properties and facilities; inspection and monitoring requirements.
65-170c Penalties for making false statement, representation or certification.
65-170d Public water supply systems; pollution violations; penalties; procedure; hearings.
65-170f Same; disposition of recovered penalties.
65-170g Disclosure of information; trade secrets; confidential information.
65-171a Stream pollution detrimental to animal or aquatic life.
65-171c Same; technical advisers.
65-171e Same; investigations, services and orders; fees.
65-171f Same; penalties for failure to comply with rules and regulations.
65-171g Protection of water and air from sewage contamination.
65-171h Minimum standards for sanitary water and sewage systems.
65-171i Feedlot law administration not affected by this act.
65-171j Discharge of substances containing mercury into waters of state prohibited; penalty.
65-171l Same; analyses to performed by laboratory certificated by secretary.
65-171n Same; development of emergency plans by secretary.
65-171o Public water supply systems; suppliers to provide notice, when; form of notice.
65-171r Same; prohibited acts.
65-171s Same; violation of standards; penalties; procedure; hearing; judicial review.
65-171t Same; attorney general to seek injunctive relief.
65-171x Application of acts to federal agencies.
65-171y Public water supply system regulation of lawn irrigation systems.
65-172 Sanitary supervision by secretary of health and environment.
65-173 Inspections; rules and regulations; penalty.
65-178 Same; nonliability for furnishing information for studies.
65-179 Same; unauthorized disclosure; penalty; construction of act.
65-181 Same; tests in accordance with rules and regulations of secretary.
65-182 Same; provisions inapplicable where parents object on religious grounds.
65-183 Same; report by physicians to secretary.
65-187 Powers and duties of secretary.
65-188 Enforcement of act; injunction, mandamus or quo warranto.
65-189e Act inapplicable to certain lands.
65-189f Rules and regulations providing for granting exceptions.
65-197 Advanced training for professional employees; payment of cost; rules and regulations.
65-1,109 Testing human breath for law enforcement purposes; unlawful acts; penalty.
65-1,109a Certification of laboratories performing environmental analyses.
65-1,112 Spinal cord injury treatment program; components.
65-1,113 Health manpower planning; collection of information; confidentiality.
65-1,115 Contract for health data and information relating to diabetes mellitus.
65-1,116 Confidentiality of information; exceptions.
65-1,117 Penalty for disclosure of confidential information.
65-1,118 Act not to effect mode of treatment.
65-1,119 Rules and regulations.
65-1,121 Medication aides; continuing education; requirements; fees.
65-1,134 Rules and regulations.
65-1,135 Payment of claims in subsequent fiscal year; limitation.
65-1,159 Development and submission of proposal; components.
65-1,160 Public awareness program on effects of tobacco, alcohol, drugs.
65-1,162 Educational program for health care providers regarding drugs.
65-1,163 Identification and referral of pregnant women at risk for prenatal substance abuse.
65-1,164 Same; service coordination for woman and family.
65-1,166 Toll free information line.
65-1,168 Cancer registry; definitions.
65-1,169 Same; collection of data; rules and regulations; reporting of cases.
65-1,170 Same; uses of nonconfidential data.
65-1,172 Same; uses of confidential data.
65-1,174a Cancer screening program.
65-1,175 Surface water quality standards; definitions.
65-1,179 Permit application; public notice, comment, hearing; department action, when.
65-1,180 Required distances from water.
65-1,181 Manure management plan; lagoon standards; monitoring wells, when.
65-1,182 Nutrient utilization plan; requirements for land application of manure or wastewater.
65-1,183 Waste management system; standards for operators; failure or unplanned release.
65-1,184 Emergency response plan.
65-1,185 Retention of facility's records and plans.
65-1,186 Facility operator; certification; responsibility for employee training.
65-1,188 Dead animal handling plan.
65-1,189 Facility closure plan; demonstration of financial ability.
65-1,190 Lagoon closure plan; demonstration of financial ability.
65-1,192 Preexisting facilities; application of separation distances.
65-1,193 Denial, suspension or revocation of permit; penalties for certain violations.
65-1,194 Application of certain standards to certain large facilities.
65-1,195 Kansas state university; duties.
65-1,196 Standards and requirements; application; powers of secretary of health and environment.
65-1,198 Rules and regulations; reports to legislature.
65-1,199 Rules and regulations for composting dead livestock.
65-1,203 Licensure or certification to perform lead-based paint activities.
65-1,204 Same; qualification requirements.
65-1,206 Lead-based paint hazard fee fund; sources of revenue; expenditures.
65-1,208 Noncompliance; notice; duty to meet compliance requirements.
65-1,209 Violations; criminal penalties.
65-1,211 Same; additional remedies.
65-1,212 Implementation of act by entities engaging in lead-based paint activities; when.
65-1,213 Statutory audit privilege not applicable.
65-1,224 Environmental use control; application; requirements; approval or disapproval.
65-1,225 Same; recording with register of deeds; enforcement.
65-1,226 Same; funding requirements; categories of property.
65-1,227 Same; term; removal or expiration; modification; liability.
65-1,228 Same; restrictions or prohibitions.
65-1,230 Same; department oversight and tracking.
65-1,231 Environmental use control fund.
65-1,232 Rules and regulations.
65-1,233 Publication of approved use controls.
65-1,234 Review of agency actions.
65-1,242 Use of birth defects information system.
65-1,243 Confidentiality of records.
65-1,244 Removal of information from system; form.
65-1,245 Rules and regulations.
65-1,247 Expedited processing and issuance of certain permits.
65-1,248 Breastfeeding; where.
65-1,250 Umbilical cord donation information act.
65-1,251 Influenza immunization for children; awareness and participation.
65-1,252 Division of health care finance; director; officers and employees.
65-1,253 Same; transfer of powers, duties and functions; Kansas health policy authority abolished.
65-1,255 Same; division successor to funds and liability.
65-1,256 Same; division successor to property and rights; conflict resolution.
65-1,259 Prenatal and postnatal diagnosed conditions awareness programs.