2-3301 Citation of act.
2-3301. Citation of act. This shall be known and may be cited as the “Kansas chemigation safety law.” History: L. 1985, ch. 5, § 1; July 1.
2-3302 Definitions.
2-3302. Definitions. As used in the Kansas chemigation safety law: (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. […]
2-3303 Requirements for chemigation users.
2-3303. Requirements for chemigation users. Persons applying any chemical by the chemigation process in an irrigation system shall: (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.
2-3304 Registration of chemigation users; permit; fee; renewal.
2-3304. Registration of chemigation users; permit; fee; renewal. (a) Any user of the chemigation process shall register and obtain a chemigation user’s permit before using the process. (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 […]
2-3305 Functional anti-pollution devices, requirements.
2-3305. Functional anti-pollution devices, requirements. Functional anti-pollution devices shall be used in the chemigation process according to: (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) […]
2-3306 Responsibility of chemigation equipment operators; chemigation equipment operator examination; renewal; fee.
2-3306. Responsibility of chemigation equipment operators; chemigation equipment operator examination; renewal; fee. (a) Any individual operating chemigation equipment under a chemigation user permit shall be responsible for the safe operation of such chemigation equipment and any such equipment shall be considered to be under the direct supervision of the chemigation user permit holder. (b) The […]
2-3307 Access to premises by secretary; inspections, samples and investigations; search warrants; enforcement of criminal and civil provisions of act.
2-3307. Access to premises by secretary; inspections, samples and investigations; search warrants; enforcement of criminal and civil provisions of act. (a) For the purpose of carrying out the provisions of this act, including any review of the application of swine waste under K.S.A. 2-3318, and amendments thereto, the secretary or the secretary’s agent or the […]
2-3308 Unlawful acts; criminal penalties.
2-3308. Unlawful acts; criminal penalties. (a) Except as provided by subsection (b), it is a misdemeanor punishable by a fine not exceeding $500 for: (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) […]
2-3309 Administration of act; employees; rules and regulations.
2-3309. Administration of act; employees; rules and regulations. (a) The secretary of agriculture shall administer this act and shall have authority to employ such qualified persons deemed necessary to carry out the provisions of this act. (b) The secretary shall adopt such rules and regulations the secretary deems necessary to carry out the provisions of […]
2-3310 Denial, suspension, revocation or modification of permits, notice and hearing; grounds.
2-3310. Denial, suspension, revocation or modification of permits, notice and hearing; grounds. The secretary, after notice and opportunity for a hearing in accordance with the provisions of the Kansas administrative procedure act, may deny, suspend, revoke or modify the provisions of any permit issued under this act, if the secretary finds that the applicant, registrant […]
2-3311 Denial, suspension, revocation or modification of permit; notice and opportunity for hearing.
2-3311. Denial, suspension, revocation or modification of permit; notice and opportunity for hearing. The secretary may revoke, deny renewal or suspend, for any cause, a chemigation user’s permit, after notice and opportunity for a hearing are given in accordance with the provisions of the Kansas administrative procedure act. The notice shall be sent to the […]
2-3312 Same; judicial review of secretary’s action.
2-3312. Same; judicial review of secretary’s action. The registrant or permit holder may obtain review of an order of the secretary revoking or suspending a chemigation user registration or chemigation user’s permit or denying or declining to issue or to renew such registration or permit in accordance with the Kansas judicial review act. History: L. […]
2-3313 Unlawful acts.
2-3313. Unlawful acts. It shall be unlawful for any person required to be registered or to hold a permit under the provisions of this act to: (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 […]
2-3314 Injunctive relief for violations of act.
2-3314. Injunctive relief for violations of act. The district courts of Kansas shall have jurisdiction to restrain violations of this act by injunction without the institution of criminal proceedings. The injunction shall be issued without bond. History: L. 1985, ch. 5, § 14; July 1.
2-3315 Chemigation fee fund; expenditures.
2-3315. Chemigation fee fund; expenditures. The secretary shall remit all moneys received under this act to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the chemigation fee […]
2-3316 Subpoena power.
2-3316. Subpoena power. The secretary may issue subpoenas to compel the attendance of witnesses or production of books, documents and records anywhere in the state in any hearing affecting the authority or privilege granted by a registration or permit issued under the provisions of this act. History: L. 1985, ch. 5, § 16; July 1.
2-3317 Penalties.
2-3317. Penalties. (a) Any person who violates any of the provisions of the Kansas chemigation safety law, in addition to any other penalty provided by law, may incur a civil penalty imposed under subsection (b) in the amount fixed by rules and regulations of the secretary in an amount not less than $100 nor more […]
2-3318 Application of swine waste; authority of secretary of health and environment; nutrient utilization plans, review and approval; penalties for violations.
2-3318. Application of swine waste; authority of secretary of health and environment; nutrient utilization plans, review and approval; penalties for violations. (a) Regardless of whether irrigation water is added, whenever swine waste is applied to crops or land, the secretary of health and environment is authorized to investigate, inspect or conduct any manner of examination […]