§ 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 administrative procedure act, may suspend or revoke any permit for a swine facility, if the secretary finds that the applicant, or any officer, director, partner or resident manager of the applicant has:
(1) Intentionally misrepresented a material fact in applying for any permit;
(2) habitually or intentionally violated environmental laws of this or any other state or of the United States and the violations have caused significant and material environmental damage; or
(3) had any permit revoked under the environmental laws of this or any other state or of the United States.
(b) Failure of the operator of a swine confined feeding facility to implement any required manure management, emergency response, odor control, facility closure or dead swine handling plan:
(1) May render the operator liable for a civil penalty pursuant to K.S.A. 65-170d and amendments thereto; and
(2) upon notice and opportunity for hearing in accordance with the Kansas administrative procedure act, shall be grounds for the secretary to suspend the permit for such facility.

Legislative History

L. 1998, ch. 143, § 16; May 7.