Kansaswater Pollution Control Permit Foragricultural Andrelated Wastes Permit Application Page 4
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10SEPARATION DISTANCE WAIVERS AND PUBLIC NOTICE REQUIREMENTS
Habitable Structure Separation Distances: On Appendix 2, list all owners of habitable structures, and the
headquarters of all city, county, state, or federal parks, and wildlife refuges within the applicable separation
distance for the maximum animal unit capacity of the facility.
Wildlife Refuge
Habitable structure
Separation Distance
Animal Units (AU)
Separation Distance
(Swine Only)
New facility or expansion
300-999
1,320 feet
New facility or expansion
1,000-3,724*
4,000 feet
10,000 feet
Swine expansion that will meet or exceed
3,725
4,000 feet**
New swine facility that will meet or exceed
3,725
5,000 feet
16,000 feet
* No ceiling for non-swine
** If within original designated expansion boundary, otherwise 5,000 feet.
The applicant should request owners of habitable structures within the applicable separation distance to sign a
wavier of the separation distance to the proposed facility. Waivers shall be filed by the applicant with the
register of deeds office of the county in which the habitable structure is located. Evidence of proper notice such
as, signed waiver agreements, or signed certified mail receipts to match the list in Appendix 2 shall be provided
before KDHE will notify the public a permit has been drafted. A Confined Animal Feeding Facility/Habitable
Structure - Separation Distance Agreement form is available upon request from the Department or on-line at
The applicant of a proposed new construction or new expansion of a swine facility is required to give notice to
all owners of habitable structures within the applicable separation distance, by certified mail, of the applicant’s
intention to apply for a water pollution control permit. The notice should include pertinent information
regarding the location, size, general methods of waste management, and any other information the applicant
deems necessary.
ATTENTION: FAILURE TO PROVIDE REQUIRED NOTICE OF APPLICATION FOR A WATER
POLLUTION CONTROL PERMIT TO OWNERS OF HABITABLE STRUCTURES, WITHIN THE
SEPARATION DISTANCE, IS GROUNDS FOR AUTOMATIC DENIAL OF THE PERMIT
APPLICATION BY THE SECRETARY OF KDHE.
List of Property Owners Within One Mile of the Facility: On Appendix 2a, the applicant is required to
provide KDHE with a list containing the names and mailing addresses for each owner of a habitable structure
and any property within 1 mile of a proposed new construction or new expansion of a confined feeding
facility. In addition, the applicant of a proposed new construction or new expansion of a confined feeding
facility is required to provide KDHE with the address of the United States post office or offices serving the
immediate area of the facility.
Public Notice Requirements: Attach all wavier and public notice documentation listed in Appendix 3 to this
application.
KDHE BOW LWMS Permit Application form rev 4/7/2015
Page 4 of 10
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