History: L. 1985, ch. 5, § 1; July 1.
(a) "Chemigation" means any process whereby pesticides, fertilizers or other chemicals or animal wastes are added to irrigation water applied to land or crops, or both, through an irrigation distribution system.
(b) "Board" means the secretary of agriculture.
(c) "Secretary" means the secretary of agriculture.
(d) "Operating chemigation equipment" for the purposes of this act shall include, but not be limited to:
(1) Preparing solution and filling the chemical supply container;
(2) calibrating of injection equipment;
(3) starting and stopping equipment when injection of chemicals is involved; and
(4) supervision of the chemigation equipment to assure its safe operation.
(e) "Anti-pollution devices" means mechanical equipment used to reduce hazard to the environment in cases of malfunction of the equipment during chemigation and includes but is not limited to interlock, waterline check valve, chemical line closure device, vacuum relief device and automatic low pressure drain.
(f) "Supervision" means the attention given to the chemigating system during its operation when chemicals are being applied.
(g) "Direct supervision" means supervision with ability to change the procedures.
(h) "Irrigation distribution system" means any device or combination of devices having a hose, pipe or other conduit which connects directly to any source of ground or surface water, through which water or a mixture of water and chemicals is drawn and applied to land. The term does not include any handheld hose sprayer or other similar device which is constructed so that an interruption in water flow automatically prevents any backflow to the water source. For the purpose of this act it does not include greenhouse irrigation or residence yards. Animal waste lagoons are not to be considered water sources.
(i) "Calibration device" means equipment of sufficient accuracy to determine the rate of chemical application.
(j) "Point of diversion" means:
(1) The point where the longitudinal axis of the dam crosses the center line of the stream in the case of a reservoir; or
(2) the location of the headgate or intake in the case of a direct diversion from a river, stream or other watercourse; or
(3) the location of a well in the case of groundwater diversion.
(k) "Agronomic application rates" means the method and amount of swine waste defined by the secretary that in the secretary's discretion best protects the environment, including consideration of the crops or soil to which swine waste may be applied and the economic impact associated with any application of swine waste.
(l) "Chemicals" shall include nutrients or the chemical composition of animal waste.
History: L. 1985, ch. 5, § 2; L. 1989, ch. 7, § 1; L. 1998, ch. 143, § 23; May 7.
(a) Register with the secretary;
(b) use anti-pollution devices; and
(c) keep records and make reports as deemed appropriate by the secretary.
History: L. 1985, ch. 5, § 3; July 1.
(b) Registration shall consist of making application on a form supplied by the secretary. Such application shall include, but not be limited to:
(1) The name of the persons to whom a permit is to be issued, including an owner or operator of land on which chemigation is to be used;
(2) a plan for using anti-pollution devices;
(3) a plan for handling tail water or accumulations of water;
(4) the number and locations, including a legal description, of wellheads which may be involved in the chemigation process and surface water supply withdrawal points, not to include siphon tubes; and
(5) payment of fees.
(c) The application fee for a chemigation user's permit shall be $55 plus $10 for each additional point of diversion, or commencing July 1, 2002, and ending June 30, 2010, shall be $75 plus $15 for each additional point of diversion. A chemigation user's permit may be renewed each year upon making an application, payment of the application fee and completing the report form providing information used in chemigation the previous year.
History: L. 1985, ch. 5, § 4; L. 1989, ch. 7, § 2; L. 1994, ch. 336, § 7; L. 2002, ch. 181, § 12; L. 2004, ch. 85, § 12; July 1.
(a) Criteria adopted by the secretary by rules and regulations that, in the secretary's discretion, follow the latest scientific knowledge and technology and that is designed to protect the groundwater and surface water of the state; or
(b) the following criteria:
(1) Waterline check valve shall be an automatic, quick-closing device capable of preventing the backflow of water chemical mixtures into the source of water supply during times of system failure or equipment shutdown;
(2) a chemical injection line check valve shall be used to prevent flow of water from the irrigation system into the chemical supply tank and to prevent gravity flow from the chemical supply tank into the irrigation system;
(3) an interlock system shall be used between the power system of the injection unit, the irrigation pumping plant and the pivot, if involved; the interlock shall function so that if the irrigation pump stops, the injection pump will also stop;
(4) a functional vacuum relief device shall be used between the waterline check valve and the irrigation pump to reduce the chance of chemical being back-siphoned into the water source; and
(5) an automatic low pressure drain shall be used between the waterline valve and the irrigation pump.
History: L. 1985, ch. 5, § 5; L. 1989, ch. 7, § 3; L. 1998, ch. 143, § 25; May 7.
(b) The secretary shall not issue a chemigation user permit to any person unless such person is a certified chemigation equipment operator or has in such person's employment at least one certified chemigation equipment operator. A chemigation equipment operator is an individual who has successfully completed an examination given by the secretary or the secretary's designee. Except as provided in subsection (c), if the chemigation user permit is issued to an individual, that individual must have successfully completed the chemigation equipment operator examination. Such examination shall include, but not be limited to, the following:
(1) The proper use of anti-pollution devices;
(2) preparing the chemical solution and filling the chemical supply container;
(3) calibrating of injection equipment;
(4) supervision of chemigation equipment to assure its safe operation;
(5) environmental and human hazards that may be involved in chemigation;
(6) protective clothing and respiratory equipment;
(7) general precautions to be followed in disposal of containers and decontamination of the equipment;
(8) handling of tail water and other accumulations of water containing chemicals;
(9) information of procedures to be followed should chemicals inadvertently enter the water supply source as a result of the chemigation process;
(10) label information, especially chemigation instructions;
(11) applicable state and federal laws and regulations; and
(12) any other subject which the secretary deems necessary.
(c) The examination provided for in subsection (b) may be waived for any individual who has been certified as a pesticide applicator in the category of chemigation pursuant to the Kansas pesticide law.
(d) The chemigation equipment operator certification shall expire on December 31 of the fourth calendar year after the year of issue. A chemigation equipment operator certification shall be renewed for a succeeding five year period upon payment of the certification fee and passing the examination specified in either subsection (b) or (c).
(e) The fee for certification as a chemigation equipment operator or for renewal of such certification shall be $10, or commencing July 1, 2002, and ending June 30, 2010, such certification shall be $25.
History: L. 1985, ch. 5, § 6; L. 1989, ch. 7, § 5; L. 2002, ch. 181, § 13; L. 2004, ch. 85, § 13; July 1.
(1) Have access for the purpose of inspecting any equipment subject to this act;
(2) inspect or sample water, lands and crops reported to be exposed to chemicals;
(3) inspect or investigate complaints or injury to humans, crops or land;
(4) sample chemicals being applied or to be applied; or
(5) observe the use and application of chemicals.
Should the secretary, the secretary's agent or the county or district attorney or their agents be denied access to any land where such access was sought for the purposes authorized, the secretary or the county or district attorney may apply to any court of competent jurisdiction for a search warrant authorizing access to such land for such purposes. The court, upon such application, may issue the search warrant for the purposes requested.
(b) The enforcement of the criminal provisions of this act shall be the duty of, and shall be implemented by, the county or district attorneys of the various counties or districts. In the event a county or district attorney refuses to act, the attorney general shall so act. The secretary is charged with the duty of enforcing all other provisions of this act.
History: L. 1985, ch. 5, § 7; L. 1998, ch. 143, § 26; May 7.
(1) Any person to engage in chemigation without first obtaining a permit as provided in this act;
(2) any person to engage in chemigation on a suspended or revoked permit;
(3) any person to tamper with, or otherwise damage in any way, equipment specified in this act; or
(4) any permit holder to fail to immediately notify the secretary of any actual or suspected accident resulting from the use of chemigation.
(b) It is a misdemeanor punishable by a fine not exceeding $5,000 per violation for any person to knowingly:
(1) Commit any act described by subsection (a); or
(2) commit any unlawful act described by K.S.A. 2-3313 and amendments thereto.
History: L. 1985, ch. 5, § 8; L. 1989, ch. 7, § 6; July 1.
(b) The secretary shall adopt, within 60 days after the effective date of this act, such rules and regulations the secretary deems necessary to carry out the provisions of this act.
History: L. 1985, ch. 5, § 9; L. 2004, ch. 101, § 58; July 1.
(a) Been convicted of or pleaded guilty to a violation of this act or the Kansas pesticide law, or has been convicted of or pleaded guilty to a felony under the laws of this state or of the United States, if the board determines, after investigation, that such person has not been sufficiently rehabilitated to warrant the public trust;
(b) failed to comply with any provision or requirement of this act or any rule and regulation adopted thereunder; or
(c) had any certificate, registration or permit issued under this act or the Kansas pesticide law revoked.
History: L. 1985, ch. 5, § 10; L. 1988, ch. 356, § 34; July 1, 1989.
History: L. 1985, ch. 5, § 11; L. 1988, ch. 356, § 35; L. 2004, ch. 145, § 8; July 1, 2005.
History: L. 1985, ch. 5, § 12; L. 1986, ch. 318, § 15; July 1.
(a) Make a pesticide use or application not in accordance with the directions for use shown on the label registered under the Kansas agricultural chemical act and by the federal environmental protection agency;
(b) knowingly use ineffective or improper equipment or materials;
(c) refuse or neglect to keep and maintain records required by this act or refuse or neglect to make records available when and as required by this act;
(d) make false or fraudulent records or reports;
(e) use fraud or misrepresentation in making an application for or renewal of a registration or permit issued under the provisions of this act;
(f) refuse or neglect to comply with any limitations or restrictions on or in a duly issued registration or permit;
(g) aid, abet or conspire with any person to evade any of the provisions of this act or allow a registration or permit issued under the provisions of this act to be used by a person not named on the registration or permit;
(h) impersonate any state, county or city inspector or official, as acting in their official capacity;
(i) use any chemigation method or pesticide, fertilizer or other chemical material without regard to public health, safety or welfare; or
(j) use the chemigation process without proper registration or permit issued under the provisions of this act.
History: L. 1985, ch. 5, § 13; July 1.
History: L. 1985, ch. 5, § 14; July 1.
History: L. 1985, ch. 5, § 15; L. 1994, ch. 336, § 8; L. 2001, ch. 5, § 22; L. 2004, ch. 101, § 59; July 1.
History: L. 1985, ch. 5, § 16; July 1.
(b) A duly authorized agent of the secretary, upon a finding that a person or any employee or agent has violated the Kansas chemigation safety law, may impose a civil penalty as provided in this section upon such person.
(c) No civil penalty shall be imposed pursuant to this section except upon the written order of the duly authorized agent of the secretary to the person who committed the violation. Such order shall state the violation, the penalty to be imposed and the right of such person to appeal to the secretary. Any such person, within 20 days after notification, may make written request to the secretary for a hearing or informal conference hearing in accordance with the provisions of the Kansas administrative procedure act. The secretary shall affirm, reverse or modify the order and shall specify the reasons therefor.
(d) Any person aggrieved by an order of the secretary made under this section may appeal such order to the district court in the manner provided by the act for judicial review and civil enforcement of agency actions.
(e) Any civil penalty recovered pursuant to the provisions of this section shall be remitted to the state treasurer. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the state general fund.
(f) This section shall be a part of and supplemental to the Kansas chemigation safety law.
History: L. 1989, ch. 7, § 4; L. 2001, ch. 5, § 23; July 1.
(b) The secretary shall review and approve all nutrient utilization plans that provide for the application of swine waste to crops or land and that are submitted by swine confined feeding facilities pursuant to K.S.A. 65-1,182 and amendments thereto if the plans demonstrate that swine waste will be applied pursuant to agronomic application rates and include all required information. Nutrient utilization plans shall be submitted on a form required by the secretary. The secretary shall notify the secretary of health and environment when a nutrient utilization plan has been approved and whether the approval is conditioned on any amendments or revisions to the plan.
(c) Failure of the operator of a swine confined feeding facility to implement a nutrient utilization plan approved by the secretary shall be considered a violation of the Kansas chemigation safety law for which the secretary may suspend a permit pursuant to K.S.A. 2-3310 and amendments thereto or may impose a civil penalty pursuant to K.S.A. 2-3317 and amendments thereto, or both.
(d) This section shall be part of and supplemental to the Kansas chemigation safety law.
History: L. 1998, ch. 143, § 24; L. 2002, ch. 181, § 14; July 1.