KANSAS STATUTES AND CODES

65-1,196. Standards and requirements; application; powers of secretary of KDHE.

65-1,196

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

65-1,196. Standards and requirements; application;powers of secretary of KDHE.(a) The express adoption or authorizationof standards and requirements for swine facilities by this actshall not be construed to prohibit or limit in any manner thesecretary's authority to adopt and enforce rules and regulations establishing:

(1) Standards and requirements for swine facilities that arein addition to or more stringent than those provided by this actif the secretary determines necessary for the purposes providedby K.S.A. 65-171d and amendments thereto; and

(2) standards and requirements for swine facilities thatexist on the effective date of this act and that are not subjectto the standards and requirements provided by this act.

(b) Nothing in this act shall be construed to exemptany person or entity from or preempt or in any way excuse orwaive any obligation to comply with the provisions of the Kansaschemigation safety law (K.S.A. 2-3301 et seq. and amendmentsthereto), K.S.A. 24-126 and amendments thereto (relating tolevees), K.S.A. 82a-301 et seq. and amendments thereto (relatingto stream obstructions), the Kansas water appropriation act(K.S.A. 82a-701 et seq. and amendments thereto) or any otherstatute or rule and regulation except as specifically provided bythis act.

(c) The provisions of this act applicable to new construction or expansionof swine facilities shall apply to all facilities for which an application fornew construction or expansion is received by the department on or after March1, 1998, and such facilities shall be required to comply with the standards andrequirements imposed pursuant to this act at the time the permit for newconstruction or expansion is grantedor, if rules andregulations must be adopted in order to implement any such standard orrequirement,such facilities shall be required to comply with such standard or requirementwithin 180 days after adoption of such rules and regulations.

History: L. 1998, ch. 143, § 20; May 7.