UNOFFICIAL COPY AS OF 10/19/20181998 REG. SESS.98 RS BR 1976

AN ACT relating to environmental responsibility for waste management.

Be it enacted by the General Assembly of the Commonwealth of Kentucky:

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BR197600.100-1976

UNOFFICIAL COPY AS OF 10/19/20181998 REG. SESS.98 RS BR 1976

SECTION 1. A NEW SECTION OF KRS CHAPTER 224 IS CREATED TO READ AS FOLLOWS:

(1)A large-scale swine feeding operation includes any operation with over one thousand (1,000) swine units

(2)(a)The number of swine units shall be determined by the following formula.

Swine Units =(0.1 x Nn) + (0.4 x Nf) + (0.45 x Nb) + (3.55 x Nff) + (0.75 x Nffe) + (0.41 x Nfw) + (0.35 x Nwf)

(b)As used in subsection (a) of this section:

1.Nn=Number of nursery pigs;
2.Nf=Number of finishing pigs;
3.Nb=Number of boars;
4.Nff=Number of sows, farrow to finish;
5.Nffe=Number of sows, farrow to feeder;
6.Nfw=Number of sows, farrow to wean; and
7.Nwf=Number of pigs, wean to finish.

(3)For purposes of determining whether a swine feeding operation is large-scale and required to obtain any permit, license, or authorization, the cabinet shall consider and aggregate all swine units located within the Commonwealth that are owned or controlled, directly or under contract, by a corporation or other business association.

(4)The cabinet shall require that, prior to issuance of any permit authorizing any discharge from a large-scale swine feeding operation, that the permit applicant demonstrate financial responsibility for closure of the operation, including any necessary corrective action.

(5)No new or expanded large-scale swine feeding operation shall be located in a one hundred (100) year floodplain unless procedures and precautions are employed to flood proof the facilities.

(6)In approving a new or expanded swine feeding operation, the cabinet shall assess the potential for water quality impairment or other environmental damage from cumulative effects, evaluating site-specific factors such as distance to surface waters, the slope of the land, depth to ground water, soil permeability, animal production density in neighboring swine operations, location relative to an impaired water body, water demand and available supply, and other relevant factors. No permit, license, or authorization shall be issued if, after the assessment, the cabinet cannot affirmatively find that the proposed operator will not impair water quality or cause environmental damage.

(7)Any new manure or wastewater facility at a new or expanded swine feeding operation shall not be located or operated in a manner or location relative to others' lands so as to cause a nuisance or to interfere with reasonable use and enjoyment of those lands.

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BR197600.100-1976