65-1,191. Inspections. - Kansas Statutes

65-1,191

Chapter 65.--PUBLIC HEALTH Article 1.--SECRETARY OF HEALTH AND ENVIRONMENT, ACTIVITIES

      65-1,191.   Inspections.(a) The department shall conduct periodicinspections of, and review the records of, each permitted swinefacility as follows:

      (1)   For any facility identified as having a specific water pollutionproblem, every 6 months;

      (2)   for any facility not identified as having aspecific water pollution problem:

      (A)   Every 12 months, if the facility has a capacity of3,725 or more animal units;

      (B)   every 24 months, if the facility has a capacity of1,000 to 3,724 animal units; and

      (C)   at least once during the term of the facility's permit, if the facilityhas a capacity of 300 to 999 animal units.

      (b)   Each permitted swine facility shall grant access tothe facility at reasonable times, with appropriate safeguards forprotection of animal health, for authorized representatives ofthe department to conduct inspections required by subsection (a).

      (c)   If any authorized representative of the departmentrequires access to a swine containment building or facilityduring the course of any inspection required by subsection (a) orat any other time, the representative shall comply with theanimal health protocol of the facility for entry into thebuilding or facility unless the protocol inhibits reasonableaccess.

      (d)   No swine facility shall be assessed the cost of anyinspection required by subsection (a) either directly at the timeof the inspection or indirectly at the time of issuance of apermit for the facility, except that such cost may be assessedfor any inspection associated with:

      (1)   An emergency that results in the discharge ofmanure or wastewater to surface water or groundwater; or

      (2)   a swine facility that engages in a course ofconduct that results in repeated, material violations of thisact.

      (e)   The secretary may contract with persons or entitiesto conduct inspections and review of records as required by thisact.

      History:   L. 1998, ch. 143, § 14; May 7.