Chapter 65, PUBLIC HEALTH

65-1,178. Definitions. As used in K.S.A. 65-1,178 through 65-1,198, and amendments thereto, except as the context otherwise requires: (a) "Application" means: (1) The applicable fee, all properly completed and executed documents furnished by the department and any additional requ…

65-1,179. Permit application; public notice, comment, hearing; department action, when. (a) After receipt of an application for a permit for construction of a new swine facility or expansion of an existing swine facility, the department shall publish in the Kansas register a noti…

65-1,180. Required distances from water. (a) The department shall not approve a permit for construction of a new swine facility or expansion of an existing swine facility unless the swine waste management system for the facility: (1) Is located in such a manner as to prevent impa…

65-1,181. Manure management plan; lagoon standards; monitoring wells, when. (a) Each applicant for a permit for construction of a new swine facility having an animal unit capacity of 1,000 or more or expansion of an existing swine facility to an animal unit capacity of 1,000 or m…

65-1,182. Nutrient utilization plan; requirements for land application of manure or wastewater. (a) The department of health and environment shall not issue or renew a permit for any swine facility that has an animal unit capacity of 1,000 or more and that applies manure or waste…

65-1,183. Waste management system; standards for operators; failure or unplanned release. The secretary shall adopt rules and regulations establishing: (a) Standards for training and certifying, and for periodic continuing education or recertification of, swine facility operators…

65-1,184. Emergency response plan. (a) The secretary shall establish by rules and regulations the circumstances under which a permitted swine facility shall be required to develop an emergency response plan. (b) Each swine facility that is required to submit an emergency response…

65-1,185. Retention of facility's records and plans. (a) Each swine facility that is required to have a permit shall keep all records and plans required by this act at the facility's site office in a manner that is accessible to inspection by authorized representatives of the dep…

65-1,186. Facility operator; certification; responsibility for employee training. (a) (1) As a condition of issuance of a permit for a swine facility that has an animal unit capacity of 1,000 or more, the operator of the facility shall be certified by the department, or by a thir…

65-1,187. Odor control plan. (a) As a condition of issuance of a permit for a swine facility, the department shall require the applicant to submit a plan, approved by the department, for odor control if the application is for: (1) A permit for construction or expansion of a swine…

65-1,188. Dead animal handling plan. (a) Every swine facility that has a capacity of 1,000 or more animal units shall file with the department a plan for the handling of dead swine. The secretary shall adopt rules and regulations establishing minimum standards, including requirem…

65-1,189. Facility closure plan; demonstration of financial ability. (a) As a condition of issuance of a permit for a swine facility, the department shall require the applicant to submit a plan, approved by the department, for closure of the facility if the application is for: (1…

65-1,190. Lagoon closure plan; demonstration of financial ability. (a) (1) Each swine facility that has an animal unit capacity of 3,725 or more and has a swine waste retention lagoon or pond shall maintain the facility at all times until it is certified to comply fully with the …

65-1,191. Inspections. (a) The department shall conduct periodic inspections of, and review the records of, each permitted swine facility as follows: (1) For any facility identified as having a specific water pollution problem, every 6 months; (2) for any facility not identified …

65-1,192. Preexisting facilities; application of separation distances. When a swine facility exists prior to the construction of a habitable structure or designation of a park as a city, county, state or federal park that would otherwise be located within the separation distance …

65-1,193. Denial, suspension or revocation of permit; penalties for certain violations. (a) The secretary may deny an application for any permit, whether new or a renewal, for a swine facility and, upon notice and opportunity for hearing in accordance with the Kansas administrati…

65-1,194. Application of certain standards to certain large facilities. A qualified swine facility, as defined by K.S.A. 79-32,204, that expands to an animal unit capacity of 3,725 or more shall be subject to the provisions of this act applicable to a swine facility having an ani…

65-1,195. Kansas state university; duties. (a) Kansas state university shall cooperate with the department, other agencies and owners and operators of swine facilities to determine best available technology and best management practices. (b) Within the limitations of appropriatio…

65-1,196. Standards and requirements; application; powers of secretary of health and environment. (a) The express adoption or authorization of standards and requirements for swine facilities by this act shall not be construed to prohibit or limit in any manner the secretary's aut…

65-1,197. Advisory committee. The secretary of health and environment, pursuant to K.S.A. 75-5616 and amendments thereto, shall appoint an advisory committee to consult with and advise the secretary on the implementation and administration of the provisions of K.S.A. 65-171d and …

65-1,198. Rules and regulations; reports to legislature. (a) Before January 1, 1999, the secretary shall adopt such rules and regulations as necessary to implement, administer and enforce the provisions of this act. (b) On or before the first day of the 1999 and 2000 regular legi…

65-1,199. Rules and regulations for composting dead livestock. The secretary of health and environment shall adopt rules and regulations establishing standards and procedures for composting livestock, including chickens and turkeys. History: L. 1998, ch. 143, § 37; May 7. Attorne…

65-1,200. Citation of act. K.S.A. 65-1,200 to 65-1,214, inclusive, of this act shall be known and may be cited as the residential childhood lead poisoning prevention act. History: L. 1999, ch. 99, § 2; April 22.

65-1,201. Definitions. As used in the residential childhood lead poisoning prevention act: (a) "Abatement" means any measure or set of measures designed to permanently eliminate lead-based paint hazards as defined in the federal program. (b) "Accredited training program" means a …

65-1,202. Development and implementation of prevention program; licensure training and inspections; fees; rules and regulations. The secretary shall administer the provisions of the residential childhood lead poisoning prevention act. In administering the provisions of the reside…

65-1,203. Licensure or certification to perform lead-based paint activities. (a) A business entity or public agency shall not engage in a lead-based paint activity unless the business entity or public agency holds a license issued by the secretary for that purpose. (b) Except as …

65-1,204. Same; qualification requirements. In order to qualify for a license, a business entity or public agency shall: (a) Ensure that each employee or agent of the business entity or public agency who will engage in a lead-based paint activity is certified; (b) demonstrate to …

65-1,205. Remittance of fees. The secretary shall remit all moneys received from the fees established pursuant to the residential childhood lead poisoning prevention act to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon recei…

65-1,206. Lead-based paint hazard fee fund; sources of revenue; expenditures. (a) There is established in the state treasury the lead-based paint hazard fee fund. Revenue from the following sources shall be deposited in the state treasury and credited to the fund: (1) Fees collec…

65-1,207. Denial, suspension or revocation of license or certificate or accreditation of training program, when; suspension of abatement program; administrative review. (a) The secretary may refuse to issue a license or may suspend or revoke any license issued under the residenti…

65-1,208. Noncompliance; notice; duty to meet compliance requirements. Whenever an authorized agency of the secretary finds that any individual, business entity, accredited program or public agency is not in compliance with the residential childhood lead poisoning prevention act …

65-1,209. Violations; criminal penalties. Any individual, business entity, public agency or accredited training program which knowingly violates any provision of the residential childhood lead poisoning prevention act or any rules and regulations adopted under the residential chi…

65-1,210. Same; civil penalties; corrective action; appeals; grants to communities to eliminate hazards. (a) Any individual, business entity, accredited training program or public agency who violates any provision of the residential childhood lead poisoning prevention act or any …

65-1,211. Same; additional remedies. Notwithstanding any other remedy and in addition to any other remedy, the secretary may maintain, in the manner provided by the Kansas judicial review act, an action in the name of the state of Kansas for injunction or other process against an…

65-1,212. Implementation of act by entities engaging in lead-based paint activities; when. Licensure, certification or training program accreditation for a business entity, public agency or individual who engages in lead-based paint activities shall not be required until such tim…

65-1,213. Statutory audit privilege not applicable. The audit privilege recognized in K.S.A. 60-3332 through 60-3339 does not pertain to the residential childhood lead poisoning prevention act. History: L. 1999, ch. 99, § 15; April 22.

65-1,215. Renal disease program, exception; support staff; standards; rules and regulations; renal disease fund. (a) Except as otherwise provided in this subsection, the secretary of health and environment shall establish, to the extent moneys are appropriated therefor or grants …

65-1,221. Intent. The intent of this act is to provide a voluntary mechanism to assist existing state programs to address environmental contamination in a cost effective manner that is protective of human health and the environment. History: L. 2003, ch. 130, § 1; July 1.

65-1,222. Definitions. As used in this act: (a) "Department" means the Kansas department of health and environment. (b) "Environmental use control" means an institutional or administrative control, a restriction, prohibition or control of one or more uses of, or activities on, a …

65-1,223. Exclusions from act. (a) The provisions of this act, except the provisions of subsection (b) of K.S.A. 65-1,230, and amendments thereto, shall not apply to solid waste disposal areas which are issued permits pursuant to K.S.A. 65-3407, and amendments thereto, or which r…

65-1,224. Environmental use control; application; requirements; approval or disapproval. (a) An owner of property, with departmental approval, may restrict the use of the owner's property to mitigate the risk posed to human health and the environment by imposing on the property a…

65-1,225. Same; recording with register of deeds; enforcement. (a) After an environmental use control has been approved by the department, the owner must register the environmental use control with the register of deeds in the county where the property is located or, if property …

65-1,226. Same; funding requirements; categories of property. (a) Funding needs may be satisfied by department appropriations for property where adequate funding is supplied by federal grants, designated fee funds or other funding sources. (b) Any funding requirements for an appl…

65-1,227. Same; term; removal or expiration; modification; liability. (a) An environmental use control may be granted either in perpetuity or for a term of years, as determined by the department. An environmental use control may not be approved for a term of years unless provisio…

65-1,228. Same; restrictions or prohibitions. (a) An environmental use control pursuant to this act may restrict or prohibit the activities at or uses of property. The restrictions imposed shall be those agreed to by the applicant and deemed necessary by the department to protect…

65-1,229. Same; enforcement. (a) Upon receipt of information that approved environmental use controls are not being implemented in accordance with an approved environmental use control agreement or that property subject to an approved environmental control presents a hazard to hu…

65-1,230. Same; department oversight and tracking. (a) The department shall provide oversight of the environmental use control for property to ensure that the property is being used only for the purposes permitted by the terms of the environmental use control agreement and is not…

65-1,231. Environmental use control fund. (a) There is established in the state treasury the environmental use control fund. Moneys from the following sources shall be deposited in the state treasury and credited to the fund: (1) Moneys collected from the environmental use contro…

65-1,232. Rules and regulations. The secretary shall adopt rules and regulations to implement the provisions of this act. History: L. 2003, ch. 130, § 12; July 1.

65-1,233. Publication of approved use controls. The department shall publish annually in the Kansas register a summary of the number of approved environmental use control agreements pursuant to this act. History: L. 2003, ch. 130, § 13; July 1.