Session of 1997
HOUSE BILL No. 2433
By Committee on Environment
9 AN ACT relating to confined feeding facilities; relating to permits; pro-
10 viding certain interested parties an opportunity to comment.
12 Be it enacted by the Legislature of the State of Kansas:
13 Section 1. (a) As used in this section:
14 (1) ``Administratively complete'' refers to an application for which
15 there has been filed with the department, in compliance with rules and
16 regulations adopted by the secretary, all application forms and fees re-
17 quired to be filed with the application, a plan for operation and the names
18 and addresses of all owners of habitable structures within the separation
19 distance prescribed by K.S.A. 65-171d and amendments thereto.
20 (2) ``Department'' means the department of health and environment.
21 (3) ``Permit'' means a permit required by K.S.A. 65-171d and amend-
22 ments thereto for a confined feeding facility and includes permits to ex-
23 pand a facility and amended or renewal permits.
24 (4) ``Secretary'' means the secretary of health and environment.
25 (5) ``Confined feeding facility'' and ``habitable structure'' have the
26 meanings provided by K.S.A. 65-171d and amendments thereto.
27 (b) Upon the filing with the department of an administratively com-
28 plete application for a permit, the applicant shall cause a notice of the
29 application to be given by:
30 (1) Publication at least once each week for two consecutive weeks in
31 a newspaper of general circulation in the county or counties where the
32 confined feeding facility is located, or is proposed to be located; and
33 (2) first class mail, return receipt requested, to: (A) The occupants of
34 each habitable structure within the separation distance prescribed by
35 K.S.A. 65-171d and amendments thereto; and (B) each groundwater man-
36 agement district and each conservation district in which the facility is
37 located, or is proposed to be located.
38 The applicant shall submit to the department a copy of the notice
39 published pursuant to this subsection. The cost of the notice shall be paid
40 by the applicant.
41 (c) The notice required by subsection (b) shall include:
42 (1) The name and business address of the applicant;
43 (2) a clear description of the precise location and boundaries of the
1 proposed permit area, sufficient to enable local residents to readily iden-
2 tify the proposed permit area;
3 (3) the location where a copy of the application is available for public
4 inspection; and
5 (4) the name and address of the employee of the department with
6 whom written comments on or objections to the application may be sub-
7 mitted under subsections (f) and (g) and the deadline for filing such com-
8 ments or objections.
9 (d) Not later than the time of the first publication of the notice re-
10 quired by subsection (c), the applicant shall file for public inspection a
11 complete copy of the application for a permit in the office of the county
12 clerk of each county where the confined feeding facility is located, or is
13 proposed to be located and shall file any subsequent changes in the ap-
14 plication in such office at the time such changes are filed with the de-
16 (e) Upon receipt of an administratively complete application for a
17 permit, the department shall give written notice of the application to:
18 (1) Local government agencies or authorities having jurisdiction over
19 or an interest in the area where the facility is located, or is proposed to
20 be located, including but not limited to planning agencies, water treat-
21 ment agencies and operators of public water supply systems; and
22 (2) all federal and state agencies or authorities authorized by law to
23 issue any permit or license applicable to the facility or having an interest
24 in the facility.
25 (f)(1) Within a reasonable time established by rules and regulations of
26 the secretary, public agencies may file with the department any written
27 comments on or objections to the applicant for a permit with respect to
28 the respective agency's area of responsibility.
29 (2) Within 15 days after the last publication of the notice required by
30 subsection (b)(1), any federal, state or local governmental agency or au-
31 thority, or any person having an interest that may be adversely affected
32 by the decision on the application, may file with the department written
33 comments on or objections to the application for a permit.
34 (3) Upon receipt of comments or objection pursuant to subsection
35 (f)(1) or (f)(2), the department shall: (A) Transmit a copy of the comments
36 or objections to the applicant; and (B) file a copy for public inspection in
37 the office of the county clerk of each county where the confined feeding
38 facility is located, or is proposed to be located.
39 (g) (1) Any person having an interest that may be adversely affected
40 by the decision on the application for a permit, or an officer or head of
41 a federal, state or local government agency or authority, may request in
42 writing that the department hold a hearing on the application for a permit.
43 The request shall:
1 (A) Briefly summarize the issues to be raised by the requestor at the
3 (B) state whether the requestor desires to have the hearing con-
4 ducted in the area where the facility is located, or is proposed to be
5 located; and
6 (C) be filed with the department no later than 15 days after the last
7 publication of the notice required by subsection (b)(1).
8 (2) Except as provided in subsection (c)(3), if a hearing is requested
9 in accordance with this subsection, the department shall hold a hearing
10 within a reasonable time following the receipt of the request. The hearing
11 shall be conducted as follows:
12 (A) If so requested, the hearing shall be held in the area where the
13 facility is located, or is proposed to be located.
14 (B) the department shall cause notice of the date, time and location
15 of the hearing to be sent to the applicant and other interested parties and
16 to be published, not less than one week before the hearing, in a news-
17 paper of general circulation in the area where the facility is located, or is
18 proposed to be located.
19 (C) The hearing shall be conducted by a representative of the sec-
20 retary, who may accept oral or written statements and any other relevant
21 information from any party to the hearing.
22 (3) If all parties requesting a hearing withdraw their requests for a
23 hearing before the hearing is held, the hearing may be canceled.
24 Sec. 2. This act shall take effect and be in force from and after its
25 publication in the statute book.