Kansas Administrative Code

Violations; disciplinary sanc- tions. (a) Each of the following acts and omissions shall constitute a violation for which disciplinary sanctions, including revocation of any license and denial of future applications, may be imposed by the department: (1) Failure to cooperate with…

License required to cultivate or produce industrial hemp for commercial purposes. (a) K.A.R. 4-34-22 through 4-34-30 shall apply only to the commercial production of industrial hemp pursuant to K.S.A. 2-3901 et seq., and amendments thereto, and, unless other- wise stated, shall n…

Planting and pre-harvest re- quirements. (a) All industrial hemp cultivated or produced shall have originated from authorized seed or clone plants. (b) Each licensee shall maintain written certifi- cation for all authorized seed or clone plants cul- tivated or produced, which sha…

Sampling, testing, and harvest requirements. (a) No more than 30 days before any industrial hemp cultivated or produced pur- suant to the act is harvested, each licensee shall allow a sample to be collected by the secretary for testing, using post-decarboxylation or any other sim…

Remediation; effective dispos- al; violations. (a) All hemp that is deemed to be in violation of the act for any reason or that contains a delta-9 tetrahydrocannabinol concen- tration greater than 0.3 percent on a dry-weight basis shall, by order of the secretary, be subject to e…

Transportation of industrial hemp. (a) Each licensee who sells, trades, bar- ters, gives away, or otherwise transfers any unpro- cessed industrial hemp to any other person shall ensure that the unprocessed industrial hemp is ac- companied by a signed bill of lading that includes …

Planting restrictions; signage requirements; volunteer plants. (a) A licensee shall not cultivate, plant, grow, or harvest industri- al hemp plants, plant parts, grain, or seeds at any location not included on the license. (b) A licensee shall not cultivate, plant, grow, or harve…

Access to records and property. (a) Acceptance of a license shall constitute a grant of authority by each licensee allowing the secre- tary to inspect all records related to the cultivation or production of industrial hemp. (b)Eachlicenseeshallgrantthesecretaryaccess to all land …

Negligent violations; correc- tive action plans. (a) Negligent violations of the act may include failure to provide a legal description of land on which a licensee produc- es industrial hemp, producing plants with a del- ta-9 tetrahydrocannabinol concentration greater than 1.0 pe…

License approval process.(a)Each individual wanting to conduct research pursuant to the pilot program shall submit or be listed on a completed, accurate, and legible research license application. Each research license application shall be submitted on a form provided by the de- p…

State educational institutions. (a) Each state educational institution shall obtain a license before cultivating or producing industri- al hemp for research purposes. (b) Each state educational institution shall be exempt from all application and licensing fees if the state educa…

Research license applications. (a) Each individual wanting to be a primary licensee shall identify the following on the research license application: (1) Each owner of all land, structures, and buildings where any proposed research will be conducted; (2) each owner of all motor v…

Licenses issued by the depart- ment; general requirements for licensees. (a) Each license issued by the department shall establish the requirements governing each licens- ee’s participation in the pilot program. Any vio- lation of the terms and conditions specified in a license m…

Research grower license. (a) In addition to the requirements of K.A.R. 4-34-5, each individual who is issued a research grower li- cense by the department shall meet the following requirements: (1) Obtain industrial hemp plants or certified seeds from a licensed research distribu…

Research distributor license. (a) In addition to the requirements of K.A.R. 4-34-5, each individual who is issued a research distribu- tor license by the department shall meet the fol- lowing requirements: (1) Obtain industrial hemp plants, plant parts, grain, or seeds from a lic…

Research processor license. (a) In addition to the requirements of K.A.R. 4-34-5, each individual who is issued a research processor license by the department shall meet the follow- ing requirements: (1) Obtain industrial hemp plants, plant parts, or grain from a licensed researc…

State educational institution re- search license. (a) Each state educational in- stitution wanting to allow individuals to conduct research pursuant to the pilot program shall au- thorize this participation and shall be directly re- sponsible for any volunteer, student, employee,…

Micronutrients. Additional plant nu- trients, besides nitrogen, phosphorus and potas- sium, when mentioned or claimed on the label or container shall be registered and shall be guaran- teed. Guarantees shall be made on the elemental basis. Sources of the elements guaranteed shall…

Inspection fee. The inspection fee for commercial fertilizers shall be $1.67 for each 2,000 pounds. (Authorized by and implementing K.S.A. 2-1205, as amended by L. 2002, Ch. 181, § 1; effective, T-83-35, Nov. 10, 1982; effective May 1, 1983; amended May 1, 1984; amended May 1, 19…

Definitions. (a) “Alternative de- sign” means any process or technique for either primary or secondary containment that has been approved by the secretary in accordance with K.A.R. 4-4-956. (b) “Application equipment” means any equip- ment used to apply fertilizer to land. (c) “A…

Storage containers and appurte- nances; basic requirements. (a) Each storage container and appurtenance shall be constructed, installed and maintained to prevent the discharge of fluid fertilizer. 136 DEPARTMENT OF AGRICULTURE 4-4-902 (b) Each storage container and appurtenance s…

Prohibitionagainstunderground storage. (a) From and after the effective date of this regulation, no person shall construct new stor- agecontainersforundergroundstorageoffluidfer- tilizer. This prohibition does not apply to: (1) a watertight catch basin used for the tempo- rary co…

Prohibited materials. (a) Storage containers, elephant rings, and appurtenances shall not be constructed of copper, brass, zinc, or copper-base alloys unless recommended in writ- ing by the manufacturer. (b) Storage containers, elephant rings, and ap- purtenances used for the sto…

Grounding and anchoring stor- age containers. Storage containers shall be an- chored, as necessary, to prevent flotation or in- stability which might occur as a result of liquid accumulations within a secondary containment facility constructed in accordance with K.A.R. 4-4-900 et…

Security. (a) All storage containers and appurtenances shall be either locked, locat- ed within a fenced enclosure or otherwise ade- quately secured to provide reasonable protection against vandalism or unauthorized access which might result in a discharge of fertilizer or fertil…

Filling storage containers. Stor- age containers shall not be filled beyond the ca- pacity for which they are designed taking into ac- count the density of the fluid being stored and the thermal expansion of the stored material during storage. (Authorized by and implementing K.S.…

Pipes and fittings. Pipes and fit- tings shall be adequately supported to prevent sagging and possible breakage due to gravity and other forces which might be encountered in the ordinary course of operations. (Authorized by and implementing K.S.A. 1989 Supp. 2-1227; effec- tive J…

Liquid-level-gauging device. (a) Except as provided in paragraph (b) of this reg- ulation, each storage container shall be equipped with a liquid-level-gauging device by which the level of fluid in the storage container can be read- ily and reliably measured. (b) A liquid-level-g…

Labeling of storage containers. (a) Each storage container or building in which fertilizer or fertilizer materials are stored shall be clearly marked with a description of the contents. (b) In lieu of marking the building or storage container, a sign containing a written descript…

Inspection and maintenance. (a) On a regularly scheduled basis, at least monthly, the operator of a storage facility shall: (1) routinely inspect and maintain storage fa- cilities, storage containers and appurtenances to minimize the risk of a discharge; (2) inspect valves and ot…

Operational area containment for fertilizer. (a) Loading pads. (1) Each area or pad used for loading fluid bulk fertilizer into storage containers or for unloading fluid bulk fertilizer from storage containers into mobile containers shall be curbed and paved with asphalt, concret…

Abandoned containers. (a) Each storage container and other container used at a storage facility to hold fluid bulk fertilizer or fer- tilizer rinsate shall be deemed abandoned if: (1) it has been out of service for more than six consecutivemonthsbecauseofaweaknessorleak; (2) or i…

Storage and handling of dry bulk fertilizer. (a) Dry fertilizer materials shall bestoredandhandledinamannerwhichprevents pollution of groundwater by minimizing losses of the dry fertilizer or dry fertilizer materials to the air, surface water, groundwater, or subsoil. (b) Non-flu…

Record keeping. (a) Records re- quired to be maintained. Each of the following records shall be prepared by the operator of the storage facility and kept at the storage facility af- fected, or at the nearest local office from which the storage facility is administered. (1) A reco…

Discharge response plan. (a) The operator of each storage facility shall prepare a written discharge response plan for the storage facility. This plan shall include: (1) the name and telephone number of each person or agency which is to be contacted in the event of a discharge, i…

Existing storage tanks which have a capacity of 100,000 gallons or more. (a) Liquid fertilizer storage containers with a ca- pacity of 100,000 gallons or more shall be located within an approved secondary containment area designed to allow the containment and recovery of any disc…

Storage tanks which have a ca- pacity of 100,000 gallons or more; new con- struction. (a) This regulation shall apply to all stor- age containers with a capacity of 100,000 gallons or more which are constructed or placed in service on or after the effective date of this regulatio…

Approved secondary contain- ment of bulk fertilizer; general require- ments. (a) Primary containment of liquid bulk fertilizer shall be located within a secondary con- tainment area. Diked areas shall be constructed with a base, perimeter wall and sloped floor drain, except as pr…

Secondary containment re- quirements; walls. (a) The walls of each second- ary containment facility shall be constructed of earth, steel, concrete, solid masonry or any other material approved by the secretary, and be de- signed to withstand a full hydrostatic head of any dischar…

(d) Earthen walls shall have a horizontal-to- vertical slope of at least three to one, unless a steeper slope is consistent with good engineer- ing practice, and shall be packed and protected from erosion. An exterior slope of 30 degrees or less shall be protected with grass or c…

Use of elephant rings for sec- ondary containment. (a) Individual storage con- tainers may be contained within an elephant ring as an alternative to a diked containment area. The elephant ring shall serve as a second containing wall in the event that the primary storage contain- …

Drainage from contained areas within secondary containment. (a) Earthen or prefabricated containment area. An earthen or prefabricated containment area shall not have a relief outlet and valve. The base shall slope to a collecting spot where storm water can be dis- charged by pum…

(2) The catch drain shall be at least six inches deep and 12 inches wide with an open grate cover. (3) The asphalt or concrete slab located beneath the catch drain shall be at least the same thickness below and to the sides of the drain as the base is throughout the contained are…

Inspection and maintenance requirements; secondary containment. (a) Every secondary containment area, structure or device shall be inspected by the operator of the storage facility at least every six months and be maintained as necessary to assure compliance with these regulation…

Time frames for submission of initial diagram or plans. (a) Within one year af- ter the effective date of this regulation, the owner of each existing or proposed storage facility shall submit a diagram or plans of the storage facility containing the following information: (1)thel…

Requirements for plans and specifications. (a) Whenever a storage facility is 145 Commercial Fertilizers 4-4-956 constructed or extensively remodeled or an exist- ing structure is converted to use as a storage facil- ity, properly prepared plans and specifications for the constru…

Time frames for construction; liquid fertilizer storage facilities. (a) Within three years after approval of construction plans by the secretary, the owner of each storage facility shall complete construction or installation of sec- ondary containment facilities required by K.A.R…

Time frames for construction plans; dry fertilizer. (a) Within three years after approval of construction plans by the secretary, the owner of each storage facility shall complete construction or installation of secondary contain- ment facilities required by K.A.R. 4-4-900 et seq…

Fertilizer discharge report re- quirement. Any discharge of either 1000 pounds or more of dry fertilizer outside the handling or working area or 100 gallons or more of liquid fer- tilizer into the secondary containment structure or area or any other portion of the storage facilit…

Alternative designs for bulk fertilizer storage facility. (a) A bulk fertilizer storage facility’s alternative design that does not meet the requirements of K.A.R. 4-4-900 through K.A.R. 4-4-986 may be approved by the secretary. The applicant shall provide proof sufficient to the…