Session of 2000
SENATE BILL No. 562
By Committee on Energy and Natural Resources
2-3
10 AN ACT
concerning confined feeding facilities for swine; amending
11 K.S.A. 1999 Supp.
65-1,189 and 65-1,190 and repealing the existing
12 sections.
13
14 Be it enacted by the Legislature of the
State of Kansas:
15 Section
1. K.S.A. 1999 Supp. 65-1,189 is hereby amended to read as
16 follows: 65-1,189. (a) As a condition of
issuance of a permit for a swine
17 facility, the department shall require the
applicant to submit a plan, ap-
18 proved by the department, for closure of
the facility if the application is
19 for:
20 (1) A permit for
construction or expansion of a swine facility that has
21 an animal unit capacity of
3,725 1,000 or more;
22 (2) a permit for
expansion of a swine facility to an animal unit capacity
23 of 3,725 1,000 or
more; or
24 (3) renewal of a
permit for a swine facility that has an animal unit
25 capacity of 3,725
1,000 or more.
26 (b) If the
operator of each a swine facility that has
a capacity of 3,725
27 1,000 animal units or more
submits evidence satisfactory to the depart-
28 ment that such operator owns the land
where the facility is located, such
29 operator shall demonstrate annually
to the department evidence, satis-
30 factory to the department, that the
operator has financial ability to cover
31 the cost of closure of the facility as
required by the department. If the
32 operator of a swine facility that has a
capacity of 1,000 animal units or
33 more does not submit such evidence of
ownership, such operator shall file
34 with the department a surety bond or
other financial security in a form
35 and amount satisfactory to the
department as sufficient to cover the cost
36 of closure of the facility as required
by the department.
37 (c) Each swine
facility that is required to submit a facility closure plan
38 shall amend such plan whenever warranted by
changes in the facility or
39 in other conditions affecting the
facility.
40 Sec.
2. K.S.A. 1999 Supp. 65-1,190 is hereby amended to read as
41 follows: 65-1,190. (a) (1) Each swine
facility that has an animal unit ca-
42 pacity of 3,725
1,000 or more and has a swine waste retention lagoon or
43 pond shall maintain the facility at all
times until it is certified to comply
2
1 fully with the closure requirements
of this subsection (a).
2 (2)
(A) Any swine facility that has an animal unit capacity of
3,725
3 1,000 or more and ceases to
operate shall close any swine waste retention
4 lagoon or pond of the facility in
accordance with the requirements of this
5 subsection (a).
6 (B) Any
swine facility that has an animal unit capacity of
3,725 1,000
7 or more and has a swine waste
retention lagoon or pond that has not
8 received manure or wastewater from
the facility for a period of 12 con-
9 secutive months shall close the
facility in accordance with the require-
10 ments of this subsection (a), unless:
11 (i) The facility
continues to operate;
12 (ii) the facility
intends to restore use of the lagoon or pond at a later
13 date; and
14 (iii) the
facility maintains the lagoon or pond as though it were ac-
15 tively used, adding fresh water to replace
water lost to evaporation and
16 preventing loss or compromise of structural
integrity or removes and dis-
17 poses of all manure and wastewater in
accordance with the requirements
18 of this act and refills the lagoon or pond
with clean water to preserve the
19 integrity of the synthetic or earthen
liner.
20 (C) Any swine
facility that has an animal unit capacity of 3,725
1,000
21 or more and chooses not to close a swine
waste retention lagoon or pond
22 pursuant to subsection (a)(2)(B) shall:
23 (i) Notify the
department of the decision and the actions taken to
24 comply with the requirements of subsection
(a)(2)(B);
25 (ii) conduct
routine inspections, maintenance and record keeping as
26 though the facility were in use; and
27 (iii) prior to
restoration of use of the lagoon or pond, notify the de-
28 partment and provide the department with
the opportunity to inspect the
29 facility to ensure that it complies with
the requirements of K.S.A. 1999
30 Supp. 65-1,180 and amendments thereto.
31 (3) To close a
swine waste retention lagoon or pond, a swine facility
32 that has an animal unit capacity of
3,725 1,000 or more shall remove all
33 manure and wastewater, as well as all
associated appurtenances and con-
34 veyance structures, from the lagoon or pond
and dispose of the manure
35 or wastewater in accordance with the
requirements of this act or, if the
36 facility requests, as determined otherwise
by the department.
37 (4) The secretary
shall adopt rules and regulations establishing stan-
38 dards and procedures for demolition of any
swine waste retention lagoon
39 or pond, or conversion of the lagoon or
pond to another use (such as a
40 farm pond), as a condition of closure for a
swine facility that has an animal
41 unit capacity of 3,725
1,000 or more.
42 (5) Upon
notification to the department by a swine facility having an
43 animal unit capacity of
3,725 1,000 or more that a swine waste
retention
3
1 lagoon or pond utilized by the
facility has been closed, the department
2 shall inspect the lagoon or pond and
certify whether the closure complies
3 with the requirements of this
subsection (a).
4 (6) The
secretary shall establish, by rules and regulations, standard
5 maximum periods for completion of all
closure activities for swine waste
6 retention lagoons and ponds utilized
by swine facilities having an animal
7 unit capacity of
3,725 1,000 or more from the date of
cessation of oper-
8 ation of the lagoon or pond to the
date of compliance with all closure
9 requirements of this subsection
(a).
10 (b) When a swine
facility having an animal unit capacity of
3,725
11 1,000 or more ceases to operate, it
shall close all other manure and waste-
12 water storage facilities to which
subsection (a) does not apply removing
13 all manure and wastewater from the manure
and wastewater storage fa-
14 cility and disposing of the manure and
wastewater in accordance with the
15 requirements of this act or, if the
operator of the swine facility requests,
16 as determined otherwise by the
department.
17 (c) On
and after July 1, 2000, If the operator of
each a swine facility
18 that has a capacity of
3,725 1,000 animal units or more and has a
swine
19 waste retention lagoon or pond submits
evidence satisfactory to the de-
20 partment that such operator owns the
land where the facility is located,
21 such operator shall demonstrate to
the department, annually at a time
22 specified by the department, evidence,
satisfactory to the department,
23 that the operator has financial ability to
cover the cost of closure of the
24 lagoon or pond as required by the
department. If the operator of a swine
25 facility that has a capacity of 1,000
animal units or more and has a swine
26 waste retention lagoon or pond does not
submit such evidence of owner-
27 ship, such operator shall file with the
department a surety bond or other
28 financial security in a form and amount
satisfactory to the department as
29 sufficient to cover the cost of closure
of the lagoon or pond as required
30 by the department.
31 Sec. 3. K.S.A. 1999 Supp.
65-1,189 and 65-1,190 are hereby
32 repealed.
33 Sec. 4. This act shall
take effect and be in force from and after its
34 publication in the statute book.