Kan. Admin. Regs. § 4-4-911

Current through Register Vol. 43, No. 45, November 7, 2024

Section 4-4-911 - Operational area containment for fertilizer

(a) Loading pads.

(1) Each area or pad used for loading fluid bulk fertilizer into storage containers or for unloading fluid bulk fertilizer from storage containers into mobile containers shall be curbed and paved with asphalt, concrete or other similar material approved by the secretary or be otherwise adequately designed to contain and allow recovery of any discharged fertilizer materials resulting from loading or unloading fertilizer materials or rinsates resulting from the cleaning of fertilizer application equipment.

(2) Each area or pad shall be sufficient to hold the entire mobile container during loading or unloading. This pad shall be designed, constructed and maintained to handle all reasonably foreseeable loading conditions to which it is exposed. Cracks and seams shall be kept sealed.

(3) Each area or pad shall be designed to prevent accumulation and overflow resulting from precipitation.

(4) Any cleaning at the storage facility of equipment used to apply fertilizer or fertilizer materials shall be cleaned upon a loading pad or area described in subsections (1), (2) and (3) of this section.

(5) Each facility where 125 tons or more of liquid fertilizer or 25 tons or more of dry fertilizer are received into or transferred out of one or more storage containers located at the facility during any period of 365 consecutive days shall have at least one loading pad or area which complies with the provisions of this regulation.

(b) Catch basins.

(1) The curbed and paved surface of the loading pad or area shall form or drain into a liquid-tight catch basin. If the curbed and paved surface of the loading pad or area drains to a sump, the catch basin may include the sump and an above-ground container if a pump is installed which transfers the contents of the sump into the above-ground container.

(2) The curbed surface and catch basin shall be of adequate design and size to contain a combined total of 110% of the largest volume of fertilizer or fertilizer material to be loaded or unloaded or 5,500 gallons of fluid whichever is greater and a minimum of 2,000 gallons of discharged fluid.

(d) Protection of containers and appurtenances. Each storage container and appurtenance, including pipes, shall be protected against any reasonably foreseeable risk of damage by trucks and other moving vehicles engaged in the loading or unloading of bulk fertilizer.

(e) Exceptions.

(1) This regulation shall not apply to the unloading of fertilizer or fertilizer materials from a mobile container into an application device at the site where the fertilizer is to be applied.

(2) In lieu of the requirements of paragraphs (a) and (b) of this regulation, a portable pad or device which provides confinement and allows recovery of fertilizer leaks, spills or other discharged fertilizer and which has been approved by the secretary may be used during the loading and unloading of fertilizer from rail cars.

(3) This regulation shall not apply to the unloading of rail cars directly into a permanent riser or manifold system which has been approved by the secretary as part of storage facility which complies with the requirements of K.A.R. 4-4-900 et seq.

(4) This regulation shall not apply to any storage facility through which a volume of less than 125 tons of liquid fertilizer or less than 25 tons of dry fertilizer is sold or transferred in any period of 365 consecutive days.

(f) Inspection and maintenance.

(1) The operator of every storage facility shall routinely inspect and maintain loading pads and catch basins. These inspections shall be conducted on a regularly scheduled basis at least monthly.

(2) The operator of a storage facility shall make a written record of each inspection and each major maintenance or repair on the day of the inspection, maintenance or repair. Inspection and maintenance records shall be kept at the storage site or at the nearest local office from which the storage site and operational area is administered.

(3) For the purposes of this regulation, major maintenance or repair means any repair or maintenance which requires taking the pump appurtenance or storage container affected out of service.

Kan. Admin. Regs. § 4-4-911

Authorized by and implementing K.S.A. 1989 Supp. 2-1227; effective Jan. 14, 1991.