65-1,178. Definitions.
65-1,178
65-1,178. Definitions.As used in K.S.A. 2001 Supp. 65-1,178 through 65-1,198, and amendments thereto,except as the contextotherwise requires:
(a) "Application" means:
(1) The applicable fee, all properly completed and executeddocuments furnished by the department and any additional requireddocuments or information necessary for obtaining a permit,including but not limited to a registration, construction plans,specifications and any required manure management, nutrientutilization, emergency response, odor control, facility closureand dead swine handling plans; or
(2) registration with the department before July 1, 1996,which has not been acted on by the department before March 1,1998.
(b) "Best available technology for swine facilities" means the bestavailable technology for swine facilities, as determined by the department inconsultation with Kansas state university, owners and operators of permittedswine facilities and other appropriate persons, entities and state and federalagencies.
(c) "Best management practices for swine facilities"means those schedules of activities, maintenance procedures andother management practices of a swine facility that are designedto minimize or prevent pollution of the air, water or soil or tocontrol odor, flies, rodents and other pests, as determined bythe department in consultation with Kansas state university, owners andoperators of permitted swine facilities and other appropriate persons, entitiesand state and federal agencies.
(d) "Department" means the department of health andenvironment.
(e) "Existing swine facility" means any swine facilityin existence and registered with or permitted by the secretarybefore the effective date of this act.
(f) "In existence" means constructed or in place and capableof confining, feeding and maintaining swine. If the departmenthas taken final formal administrative action requiringabandonment of a swine facility or cessation of a swine facilityoperation for reasons other than separation distances, thedepartment shall conclude the past facility or operation wasillegal and not eligible to continue previously legal acts. Afacility for which the department has taken such an action shallbe considered a new swine facility for the purpose of separationdistance requirements.
(g) "Permit" means a water pollution control permit fora swine facility pursuant to K.S.A. 65-166a and 65-171d, andamendments thereto.
(h) "Secretary" means the secretary of health andenvironment.
(i) "Significant water pollution potential" means anysignificant potential for pollution of groundwater or surfacewaters as defined by rules and regulations adopted by thesecretary.
(j) "Swine facility" means a confined feeding facilityfor swine.
(k) "Swine waste management system" means allconstructed, excavated or natural receptacles used for thecollection, conveyance, storage or treatment of manure orwastewater, or both, from a swine facility, including swinecontainment buildings.
(l) "Swine waste retention lagoon or pond" means anexcavated or diked structure, or a natural depression, providedfor or used by a swine facility for the purpose of containing ordetaining swine wastes or other wastes generated in theproduction of swine.
History: L. 1998, ch. 143, § 2; May 7.