65-1,179. Permit application; public notice, comment, hearing; department action, when.
65-1,179
65-1,179. Permit application; public notice,comment, hearing; department action, when.(a) After receipt of an application for a permit forconstruction of a new swine facility or expansion of an existing swinefacility, the department shall publish in the Kansas registera notice of receipt of the application which shall include but not be limitedto:
(1) The names and addresses of the operator of the facility and the owner ofthe property where the facility is or will be located; and
(2) notice of the availability of the document and fact sheet preparedpursuant to subsection (b).
(b) After receipt of an application for a permit for construction of a newswine facility or expansion of an existing swine facility, the department shallprepare the following, which, at a minimum, shall be made available on theinternet and shall be available for inspection and copying, in accordance withthe open records act, at thedepartment's office inthedistrict where the swine facility is or willbe located:
(1) A document containing all the requirements withwhich the swine facility must comply upon approval by thedepartment and a brief explanation of the statutory or regulatoryprovisions on which the requirements are based;
(2) any determinations of, and explanations for,departures from any requirements otherwise applicable to thefacility, including citations to the applicable guidelines,development documents or authorities for the departures; and
(3) a fact sheet containing the following informationrequired in the application:
(A) A detailed description of the location of thefacility, including the section, township and range, withreference to any applicable comprehensive land use plan or zoningrequirements;
(B) a map showing water wells located on the facility'sproperty, landmarks in the vicinity and nearby streams and bodiesof water;
(C) a description of the facility, including theswine waste management system and facilities and any areas designated by theapplicant for future expansion as provided for by subsection (k) of K.S.A.65-171d and amendments thereto;
(D) a nutrient application plan, if required by K.S.A. 65-1,182,includingbase-linesoil tests for a new facility or new field to which wastes willbe applied, and a crop rotation plan; and
(E) a statement that the applicant will consult withthe county extension agent or a qualified agronomist or individual trained incrop protection toensure that correct agronomic rates of application are used andrecords of those consultations will be maintained by theapplicant.
(c) The secretary shall establish by rules andregulations the form of public notice that is required forreceipt of a completed application for a permit for construction of a new swinefacility or expansion of an existing swine facility. Such notice shall be bypublication in a newspaper of general circulation in the countywhere the facility is or will be located, direct notification ofresidents in the vicinity of the facility and notification oflocal government officials.
(d) The public notice required by subsection (c) shallcontain the following:
(1) The name, address and telephone number of theofficial at the department who is responsible for processing theapplication and the locations where further information andcopies of documents can be reviewed, which locations shall be inthe county where the facility is or will be located;
(2) the names and addresses of the operator of thefacility and the owner of the property where the facility is orwill be located;
(3) a statement of the tentative determination of thedepartment to approve the issuance of the permit;
(4) a brief description of the procedures and schedulefor making the final determination of approval or disapproval;
(5) notice of availability of the document and factsheet prepared pursuant to subsection (b);
(6) a request for public comment on the tentativedecision to approve the issuance of the permit and therequirements for the facility described in the document preparedpursuant to subsection (b)(1); and
(7) a description of the procedures for providingpublic comment.
(e) The department shall provide a period of 30 daysfrom the date of the public notice required by subsection (c) forsubmission of public comments.
(f) The department, in its discretion, may hold apublic meeting or hearing within 60 days after the conclusion ofthe comment period required by subsection (e) to receive furtherpublic comment if the department determines that significantenvironmental or technical concerns or issues have been raisedduring the comment period.The department shall hold a public hearing within 60 daysafter the conclusion of the comment period required by subsection(e) to receive further public comment if a hearing is requestedby any owner of a habitable structure within the applicableseparation distance.Public meetings and hearings held pursuant to this subsection shall addressonlythose matters for which thesecretary has authority.
(g) The department shall not make a determination toapprove the issuance of a permit until completionof the procedures required by this section. The department may disapprove atany time the issuance of a permit without completing the procedures required bythis section.
(h) The department shall make the determination toapprove or disapprove the issuance of a permit not later than 180days after the completed application is filed with thedepartment.
(i) An operator of a swine facility shall submit aregistration or application to the department before initiatingconstruction or operation of either a swine facility or a swinewaste management system. When the department finds no permit isrequired, construction or operation of the swine facility may beinitiated upon issuance, by the department, of a certification.When the department determines a permit or permit modification isrequired for the swine facility, construction may be initiatedupon approval of the application, construction plans,specifications and swine waste management plan. Operation andstocking of a swine facility for which a permit is required shallnot be initiated until the department issues the permit. Anoperator of a swine facility for which a permit modification isrequired because of a proposed facility expansion shall notincrease the number of swine at the facility beyond thatauthorized by the permit until the department issues the modifiedpermit.
History: L. 1998, ch. 143, § 3; May 7.