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12  AN ACT concerning livestock; relating to confined feeding facilities;
13    amending K.S.A. 1996 Supp. 65-171d and repealing the existing
14    section.
15
16  Be it enacted by the Legislature of the State of Kansas:
17    Section 1.  K.S.A. 1996 Supp. 65-171d is hereby amended to read as
18  follows: 65-171d. (a) For the purpose of preventing surface and subsur-
19  face water pollution and soil pollution detrimental to public health or to
20  the plant, animal and aquatic life of the state, and to protect beneficial
21  uses of the waters of the state and to require the treatment of sewage
22  predicated upon technologically based effluent limitations, the secretary
23  of health and environment shall make such rules and regulations, includ-
24  ing registration of potential sources of pollution, as may in the secretary's
25  judgment be necessary to: (1) Protect the soil and waters of the state from
26  pollution resulting from underground storage reservoirs of hydrocarbons
27  and liquid petroleum gas; (2) control the disposal, discharge or escape of
28  sewage as defined in K.S.A. 65-164 and amendments thereto, by or from
29  municipalities, corporations, companies, institutions, state agencies, fed-
30  eral agencies or individuals and any plants, works or facilities owned or
31  operated, or both, by them; and (3) establish water quality standards for
32  the waters of the state to protect their beneficial uses.
33    (b)  The secretary of health and environment may adopt by reference
34  any regulation relating to water quality and effluent standards promul-
35  gated by the federal government pursuant to the provisions of the federal
36  clean water act and amendments thereto, as in effect on January 1, 1989,
37  which the secretary is otherwise authorized by law to adopt.
38    (c)  For the purposes of this act, including K.S.A. 65-161 through 65-
39  171h and amendments thereto, and rules and regulations adopted pur-
40  suant thereto: (1) ``Pollution'' means: (A) Such contamination or other
41  alteration of the physical, chemical or biological properties of any waters
42  of the state as will or is likely to create a nuisance or render such waters
43  harmful, detrimental or injurious to public health, safety or welfare, or to
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 1  the plant, animal or aquatic life of the state or to other designated ben-
 2  eficial uses; or (B) such discharge as will or is likely to exceed state effluent
 3  standards predicated upon technologically based effluent limitations.
 4    (2)  ``Confined feeding facility'' means any lot, pen, pool or pond: (A)
 5  Which is used for the confined feeding of animals or fowl for food, fur
 6  or pleasure purposes; (B) which is not normally used for raising crops;
 7  and (C) in which no vegetation intended for animal food is growing.
 8    (3)  ``Animal unit'' means a unit of measurement calculated by adding
 9  the following numbers: The number of beef cattle weighing more than
10  700 pounds multiplied by 1.0; plus the number of cattle weighing less
11  than 700 pounds multiplied by 0.5; plus the number of mature dairy cattle
12  multiplied by 1.4; plus the number of swine weighing more than 55
13  pounds multiplied by 0.4; plus the number of swine weighing 55 pounds
14  or less multiplied by 0.1; plus the number of sheep or lambs multiplied
15  by 0.1; plus the number of horses multiplied by 2.0; plus the number of
16  turkeys multiplied by 0.018; plus the number of laying hens or broilers,
17  if the facility has continuous overflow watering, multiplied by 0.01; plus
18  the number of laying hens or broilers, if the facility has a liquid manure
19  system, multiplied by 0.033; plus the number of ducks multiplied by 0.2.
20  However, each head of cattle will be counted as one full animal unit and
21  each head of swine weighing more than 55 pounds will be counted as 0.4
22  55 pounds or less will be counted as 0.0 animal unit for the purpose
23  of determining the need for a federal permit.
24    (4)  ``Animal unit capacity'' means the maximum number of animal
25  units which a confined feeding facility is designed to accommodate at any
26  one time.
27    (5)  ``Habitable structure'' means any of the following structures which
28  is occupied or maintained in a condition which may be occupied: A dwell-
29  ing, church, school, adult care home, medical care facility, child care
30  facility, library, community center, public building, office building or li-
31  censed food service or lodging establishment.
32    (d)  In adopting rules and regulations, the secretary of health and en-
33  vironment, taking into account the varying conditions that are probable
34  for each source of sewage and its possible place of disposal, discharge or
35  escape, may provide for varying the control measures required in each
36  case to those the secretary finds to be necessary to prevent pollution. If
37  a freshwater reservoir or farm pond is privately owned and where com-
38  plete ownership of land bordering the reservoir is under common private
39  ownership, such freshwater reservoir or farm pond shall be exempt from
40  water quality standards except as it relates to water discharge or seepage
41  from the reservoir to waters of the state, either surface or groundwater,
42  or as it relates to the public health of persons using the reservoir or pond
43  or waters therefrom.
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 1    (e) (1)  Whenever the secretary of health and environment or the
 2  secretary's duly authorized agents find that the soil or waters of the state
 3  are not being protected from pollution resulting from underground stor-
 4  age reservoirs of hydrocarbons and liquid petroleum gas or that storage
 5  or disposal of salt water not regulated by the state corporation commission
 6  or refuse in any surface pond is causing or is likely to cause pollution of
 7  soil or waters of the state, the secretary or the secretary's duly authorized
 8  agents shall issue an order prohibiting such underground storage reservoir
 9  or surface pond. Any person aggrieved by such order may within 15 days
10  of service of the order request in writing a hearing on the order.
11    (2)  Upon receipt of a timely request, a hearing shall be conducted in
12  accordance with the provisions of the Kansas administrative procedure
13  act.
14    (3)  Any action of the secretary pursuant to this subsection is subject
15  to review in accordance with the act for judicial review and civil enforce-
16  ment of agency actions.
17    (f)  The secretary may adopt rules and regulations establishing fees
18  for the following services:
19    (1)  Plan approval, monitoring and inspecting underground or buried
20  petroleum products storage tanks, for which the annual fee shall not ex-
21  ceed $5 for each tank in place;
22    (2)  permitting, monitoring and inspecting salt solution mining oper-
23  ators, for which the annual fee shall not exceed $1,950 per company; and
24    (3)  permitting, monitoring and inspecting hydrocarbon storage wells
25  and well systems, for which the annual fee shall not exceed $1,875 per
26  company.
27    (g)    Prior to any new construction of a confined feeding facility with
28  an animal unit capacity of 300 to 999, such facility shall register with the
29  secretary of health and environment. Facilities with less than 300 animal
30  units may register with the secretary. Any such registration shall be ac-
31  companied by a $25 fee. Within 30 days of receipt of such registration,
32  the department of health and environment shall identify any significant
33  water pollution potential or separation distance violations pursuant to sub-
34  section (h). If there is identified a significant water pollution potential,
35  such facility shall be required to obtain a permit from the secretary. If
36  there is no water pollution potential posed by a facility with an animal
37  unit capacity of less than 300, the secretary may certify that no permit is
38  required. If there is no water pollution potential nor any violation of
39  separation distances posed by a facility with an animal unit capacity of
40  300 to 999, the secretary shall certify that no permit is required and that
41  there are no certification conditions pertaining to separation distances. If
42  a separation distance violation is identified, the secretary may reduce the
43  separation distance in accordance with subsection (i) and shall certify any
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 1  such reduction of separation distances.
 2    (h)  Any new construction or new expansion of a confined feeding
 3  facility shall meet or exceed the following requirements in separation
 4  distances from any habitable structure:
 5    (1)  1320 feet for facilities with an animal unit capacity of 300 to 999;
 6  and
 7    (2)  4000 feet for facilities with an animal unit capacity of 1,000 or
 8  more.
 9    (i)  The separation distance requirements of subsection (h) shall not
10  apply if such person newly constructing or newly expanding a confined
11  feeding facility obtains a written agreement from all owners of habitable
12  structures which are within the separation distance stating such owners
13  are aware of such construction or expansion and have no objections to
14  such construction or expansion. The written agreement shall be filed in
15  the register of deeds office of the county in which the habitable structure
16  is located. The secretary may reduce separation distance requirements if:
17    (1) No substantial objection from owners of habitable structures within
18  the separation distance is received in response to public notice; or (2) the
19  board of county commissioners of the county where the confined feeding
20  facility is located submits a written request seeking a reduction of sepa-
21  ration distances.
22    (j)  The separation distances required pursuant to subsection (h) shall
23  not apply to:
24    (1)  Confined feeding facilities which are permitted or certified by the
25  secretary on the effective date of this act;
26    (2)  confined feeding facilities which exist on the effective date of this
27  act and register with the secretary before July 1, 1996; or
28    (3)  expansion of a confined feeding facility, including any expansion
29  for which an application is pending on the effective date of this act, if:
30  (A) In the case of a facility with an animal unit capacity of 1,000 or more
31  prior to the effective date of this act, the expansion is located at a distance
32  not less than the distance between the facility and the nearest habitable
33  structure prior to the expansion; or (B) in the case of a facility with an
34  animal unit capacity of less than 1,000 prior to the effective date of this
35  act and, the expansion is located at a distance not less than the distance
36  between the facility and the nearest habitable structure prior to the ex-
37  pansion the animal unit capacity of the facility after expansion does not
38  exceed 2,000.
39    (k)  All plans and specifications submitted to the department for
40  new construction or new expansion of confined feeding facilities
41  with an animal unit capacity of 1,000 or more may be prepared by
42  a professional engineer or qualified consultant [approved by the
43  department]. Soil permeability tests or seepage tests for waste water
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 1  retention structures may be performed by a professional engineer
 2  or qualified soil scientist [approved by the department].
 3    Sec. 2.  K.S.A. 1996 Supp. 65-171d is hereby repealed.
 4    Sec. 3.  This act shall take effect and be in force from and after its
 5  publication in the Kansas register.