Current through Register Vol. 43, No. 52, December 26, 2024
(a) Each entity seeking a permit shall submit
the application required by K.A.R. 28-16-59.
(b) In order for the department to provide
adequate public notice regarding a permit for any proposed new construction or
proposed new expansion of a confined feeding facility, a public livestock
market, a collection center, a transfer station, or a truck-washing facility
for animal wastes, each applicant shall provide to the secretary the name and
mailing address of each of the following:
(1)
The United States post office or offices serving the immediate area of the
confined feeding facility; and
(2)
each owner of a habitable structure or any property located within one mile of
the confined feeding facility.
(c) In addition to the application
requirements of K.A.R. 28-16-59, for any new construction or new expansion of a
confined feeding facility, each applicant shall submit the following
information:
(1) A map identifying the
location and layout of the confined feeding facility or the confined feeding
facility perimeter;
(2) a map
identifying the location of any habitable structure or city, county, state, or
federal park within one mile of the confined feeding facility or the confined
feeding facility perimeter;
(3) a
map identifying all water wells on the confined feeding facility
property;
(4) a map identifying any
streams and bodies of surface water within one mile of the confined feeding
facility or the confined feeding facility perimeter;
(5) for confined feeding facilities that
utilize a wasteretention lagoon or pond, any information that the applicant
possesses indicating the presence of any unplugged oil, gas, or salt solution
mining wells located at the proposed or existing confined feeding
facility;
(6) a waste management
plan for any confined feeding facility whose operator is not required to obtain
a federal permit;
(7) a nutrient
management plan for any confined feeding facility whose operator is required to
obtain a federal permit;
(8) a
groundwater monitoring plan, if required by the secretary; and
(9) a closure plan for any confined feeding
facility whose operator is required to obtain a federal permit and that is
located over the Equus Beds.
(d)
(1) If
adjacent confined feeding facilities use a common animal waste management
system or if two or more confined feeding facilities do not adjoin but use a
common animal waste management system, the multiple confined feeding facilities
shall be considered one confined feeding facility.
(2) If two or more confined feeding
facilities do not adjoin and do not have a common waste management system or if
two or more confined feeding facilities adjoin but do not use a common animal
waste management system, the confined feeding facilities shall be considered
separate confined feeding facilities.
(e) Each applicant for a confined feeding
facility permit shall submit the application fee required by K.A.R.
28-16-56d.
(f) Each applicant for a
confined feeding facility permit shall sign the permit application as required
by
40
C.F.R. 122.22, dated July 1, 2019, which is
hereby adopted by reference.