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.