65-1,193. Denial, suspension or revocation of permit; penalties for certain violations. - Kansas Statutes

65-1,193

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

      65-1,193.   Denial, suspension or revocation ofpermit; penalties for certain violations.(a) The secretary may deny an application forany permit, whether new or a renewal, for a swine facility and,upon notice and opportunity for hearing in accordance with theKansas administrative procedure act, may suspend or revoke anypermit for a swine facility, if the secretary finds that theapplicant, or any officer, director, partner or resident managerof the applicant has:

      (1)   Intentionally misrepresented a material fact inapplying for any permit;

      (2)   habitually or intentionally violated environmentallaws of this or any other state or of the United States and theviolations have caused significant and material environmentaldamage; or

      (3)   had any permit revoked under the environmental lawsof this or any other state or of the United States.

      (b)   Failure of the operator of a swine confined feedingfacility to implement any required manure management, emergencyresponse, odor control, facility closure or dead swine handlingplan:

      (1)   May render the operator liable for a civil penaltypursuant to K.S.A. 65-170d and amendments thereto; and

      (2)   upon notice and opportunity for hearing in accordancewith the Kansas administrative procedure act, shall be groundsfor the secretary to suspend the permit for such facility.

      History:   L. 1998, ch. 143, § 16; May 7.