- (a) A bulk fertilizer storage facility's alternative design that does not meet the requirements of K.A.R. 4-4-900 through K.A.R. 4-4-986 may be approved by the secretary. The applicant shall provide proof sufficient to the secretary that the alternative design meets or exceeds the applicable requirements of K.A.R. 4-4-900 through K.A.R. 4-4-986.
(b) Each application for approval of an alternative design shall include the following:
- (1) The plans and specifications required by the applicable requirements of K.A.R. 4-4-900 through K.A.R. 4-4-986;
- (2) data from the manufacturer or designer of the proposed bulk fertilizer storage facility documenting that the alternative design meets or exceeds the applicable requirements of K.A.R. 4-4-900 through K.A.R. 4-4-986;
- (3) a description of the facility's system for the detection of leaks or other malfunctions that meets the applicable requirements of K.A.R. 4-4-900 through K.A.R. 4-4-986;
- (4) a statement by a licensed professional engineer certifying that the design provides protection to the environment that meets or exceeds the applicable requirements of K.A.R. 4-4-900 through K.A.R. 4-4-986;
- (5) the construction timelines; and
- (6) any other relevant information regarding the safe handling of bulk fertilizers required by the secretary.
- (c) Upon completion of construction and before using the bulk fertilizer storage facility, the owner or operator of the bulk fertilizer storage facility shall submit to the secretary a detailed record of construction and a statement certifying that the bulk fertilizer storage facility was constructed according to the approved application.
(Authorized by and implementing K.S.A. 2-1227; effective Jan. 25, 1993; amended July 18, 2003.)