HB 2226--Am. by S
As Amended by Senate Committee
As Amended by House Committee
Session of 1997
HOUSE BILL No. 2226
By Committee on Environment
12 AN ACT concerning solid waste management; amending K.S.A. 65-3401,
13 65-3405, 65-3414 and 65-3415e and K.S.A. 1996 Supp. 65-3402, 65-
14 3407, 65-3409, 65-3415, 65-3415a, 65-3415b and 65-3415f and re-
15 pealing the existing sections; also repealing K.S.A. 65-3415c and
18 Be it enacted by the Legislature of the State of Kansas:
19 Section 1. K.S.A. 65-3401 is hereby amended to read as follows: 65-
20 3401. It is hereby declared that protection of the health and welfare of
21 the citizens of Kansas requires the safe and sanitary disposal of solid
22 wastes. The legislature finds that the lack of adequate state regulations
23 and control of solid waste and solid waste management systems has re-
24 sulted in undesirable and inadequate solid waste management practices
25 that are detrimental to the health of the citizens of the state; degrade the
26 quality of the environment; and cause economic loss. For these reasons
27 it is the policy of the state to:
28 (a) Establish and maintain a cooperative state and local program of
29 planning and technical and financial assistance for comprehensive solid
30 waste management.
31 (b) Utilize the capabilities of private enterprise as well as the services
32 of public agencies to accomplish the desired objectives of an effective
33 solid waste management program.
34 (c) Require a permit for the operation of solid waste processing and
35 disposal systems.
36 (d) Achieve and maintain status for the Kansas department of health
37 and environment as an approved state agency for the purpose of admin-
38 istering federal municipal solid waste management laws and regulations.
39 (e) Encourage the wise use of resources through development of strat-
40 egies that reduce, reuse and recycle materials
while taking into consid-
41 eration full cost accounting and life cycle analysis.
42 Sec. 2. K.S.A. 1996 Supp. 65-3402 is hereby amended to read as
43 follows: 65-3402. As used in this act, unless the context otherwise re-
HB 2226--Am. by S
2 (a) ``Solid waste'' means garbage, refuse and other discarded mate-
3 rials including, but not limited to, solid, semisolid, sludges, liquid and
4 contained gaseous waste materials resulting from industrial, commercial,
5 agricultural and domestic activities. Solid waste does not include hazard-
6 ous wastes as defined by subsection (f) of K.S.A. 65-3430, and amend-
7 ments thereto, recyclables or the waste of domestic animals as described
8 by subsection (a)(1) of K.S.A. 65-3409, and amendments thereto.
9 (b) ``Solid waste management system'' means the entire process of
10 storage, collection, transportation, processing, and disposal of solid wastes
11 by any person engaging in such process as a business, or by any state
12 agency, city, authority, county or any combination thereof.
13 (c) ``Solid waste processing facility'' means incinerator,
14 composting facility, household hazardous waste facility, waste-to-energy
15 facility, transfer station, reclamation facility or any other location where
16 solid wastes are consolidated, temporarily stored, salvaged or otherwise
17 processed prior to being transported to a final disposal site. This term
18 does not include a scrap material recycling and processing facility.
19 (d) ``Solid waste disposal area'' means any area used for the disposal
20 of solid waste from more than one residential premises, or one or more
21 commercial, industrial, manufacturing or municipal operations.
22 (e) ``Person'' means individual, partnership, firm, trust, company, as-
23 sociation, corporation, individual or individuals having controlling or ma-
24 jority interest in a corporation, institution, political subdivision, state
25 agency or federal department or agency.
26 (f) ``Waters of the state'' means all streams and springs, and all bodies
27 of surface or groundwater, whether natural or artificial, within the bound-
28 aries of the state.
29 (g) ``Secretary'' means the secretary of health and environment.
30 (h) ``Department'' means the Kansas department of health and en-
32 (i) ``Disposal'' means the discharge, deposit, injection, dumping, spill-
33 ing, leaking or placing of any solid waste into or on any land or water so
34 that such solid waste or any constituent thereof may enter the environ-
35 ment or be emitted into the air or discharged into any water.
36 (j) ``Open dumping'' means the disposal of solid waste at any solid
37 waste disposal area or facility which is not permitted by the secretary
38 under the authority of K.S.A. 65-3407, and amendments thereto, or the
39 disposal of solid waste contrary to rules and regulations adopted pursuant
40 to K.S.A. 65-3406, and amendments thereto.
41 (k) ``Generator'' means any person who produces or brings into ex-
42 istence solid waste.
43 (l) ``Monitoring'' means all procedures used to (1) systematically in-
HB 2226--Am. by S
1 spect and collect data on the operational parameters of a facility, an area
2 or a transporter, or (2) to systematically collect and analyze data on the
3 quality of the air, groundwater, surface water or soils on or in the vicinity
4 of a solid waste processing facility or solid waste disposal
facility or area.
5 (m) ``Closure'' means the permanent cessation of active disposal op-
6 erations, abandonment of the disposal area, revocation of the permit or
7 filling with waste of all areas and volume specified in the permit and
8 preparing the area for the long-term care.
9 (n) ``Postclosure'' means that period of time subsequent to closure of
10 a solid waste disposal area when actions at the site must be performed.
11 (o) ``Reclamation facility'' means any location at which material con-
12 taining a component defined as a hazardous substance pursuant to K.S.A.
13 65-3452a and amendments thereto or as an industrial waste pursuant to
14 this section is processed.
15 (p) ``Designated city'' means a city or group of cities which, through
16 interlocal agreement with the county in which they are located, is dele-
17 gated the responsibility for preparation, adoption or implementation of
18 the county solid waste plan.
19 (q) ``Nonhazardous special waste'' means any solid waste designated
20 by the secretary as requiring extraordinary handling in a solid waste dis-
21 posal area.
22 (r) ``Recyclables'' means any scrap materials that can be used as a
23 replacement for virgin material in manufacturing, including but not lim-
24 ited to ferrous metals, scrap paper products, scrap plastics and nonferrous
25 metals. Nonferrous metals shall be defined by rule and regulation mate-
26 rials that will be used or reused, or prepared for use or reuse, as an
27 ingredient in an industrial process to make a product, or as an effective
28 substitute for a commercial product. ``Recyclables'' includes, but is not
29 limited to, paper, glass, plastic, municipal water treatment residues,
30 as defined by K.S.A. 65-163 and amendments thereto, and metal, but
31 does not include yard waste.
32 (s) ``Scrap material processing industry'' means any person who ac-
33 cepts, processes and markets recyclables.
34 (t) ``Scrap material recycling and processing facility'' means a fixed
35 location that utilizes machinery and equipment for processing only re-
37 (u) ``Construction and demolition waste'' means solid waste resulting
38 from the construction, remodeling, repair and demolition of structures,
39 roads, sidewalks and utilities; untreated wood and untreated sawdust from
40 any source; solid waste consisting of motor vehicle window glass; and solid
41 waste consisting of vegetation from land clearing and grubbing, utility
42 maintenance, and seasonal or storm-related cleanup. Such wastes include,
43 but are not limited to, bricks, concrete and other masonry materials, roof-
HB 2226--Am. by S
1 ing materials, soil, rock, wood, wood products, wall
covering or floor
2 coverings, plaster, drywall, plumbing fixtures, electrical wiring, electrical
3 components containing no hazardous materials and nonasbestos insula-
4 tion. It shall not include asbestos waste, garbage, cardboard, nonasbestos
5 insulation and construction related packaging. ``Construction and
6 demolition waste'' shall not include waste material containing fri-
7 able asbestos, garbage, furniture, appliances, electrical equipment con-
8 taining hazardous materials, tires, drums and containers even though such
9 wastes resulted from construction and demolition activities. Clean rubble
10 that is mixed with other construction and demolition waste during dem-
11 olition or transportation shall be considered to be construction and dem-
12 olition waste.
13 (v) ``Construction and demolition landfill'' means a permitted solid
14 waste disposal area used exclusively for the disposal on land of construc-
15 tion and demolition wastes. This term shall not include a site that is used
16 exclusively for the disposal of clean rubble.
17 (w) ``Clean rubble'' means inert uncontaminated construction and
18 demolition waste which includes concrete and concrete products, rein-
19 forcing steel, asphalt pavement, brick, soil or rock.
20 (x) ``Industrial waste'' means all solid waste resulting from manufac-
21 turing, commercial and industrial processes which is not suitable for dis-
22 charge to a sanitary sewer or treatment in a community sewage treatment
23 plant or is not beneficially used in a manner that meets the defi-
24 nition of recyclables. Industrial waste includes, but is not limited to ,
25 mining: Mining wastes from extraction, bentification beneficiation and
26 processing of ores and minerals unless those minerals are returned to the
27 mine site; fly ash, bottom ash, slag and flue gas emission wastes generated
28 primarily from the combustion of coal or other fossil fuels; cement kiln
29 dust; waste oil and sludges; waste oil filters; and fluorescent lamps. Not
30 all industrial wastes are suitable for disposal in landfills.
31 (y) ``Composting facility'' means any facility that composts wastes and
32 has a composting area larger than one-half acre.
33 (z) ``Household hazardous waste facility'' means a facility es-
34 tablished for the purpose of collecting, accumulating and manag-
35 ing household hazardous waste and may also include small quan-
36 tity generator waste or agricultural pesticide waste, or both.
37 Household hazardous wastes are consumer products that when
38 discarded exhibit hazardous characteristics.
39 (aa) ``Waste-to-energy facility'' means a facility that processes
40 solid waste to produce energy or fuel.
41 (bb) ``Transfer station'' means any facility where solid wastes
42 are transferred from one vehicle to another or where solid wastes
43 are stored and consolidated before being transported elsewhere,
HB 2226--Am. by S
1 but shall not include a collection box provided for public use as a
2 part of a county-operated solid waste management system if the
3 box is not equipped with compaction mechanisms or has a volume
4 smaller than 20 cubic yards.
5 (cc) ``Municipal solid waste landfill'' means a solid waste dis-
6 posal area where residential waste is placed for disposal. A munic-
7 ipal solid waste landfill also may receive other nonhazardous
8 wastes, including commercial solid waste, sludge and industrial
9 solid waste.
10 (dd) ``Construction related packaging'' means small quantities
11 of packaging wastes that are generated in the construction, re-
12 modeling or repair of structures and related appurtenances. ``Con-
13 struction related packaging'' does not include packaging wastes
14 that are generated at retail establishments selling construction ma-
15 terials, chemical containers generated from any source or pack-
16 aging wastes generated during maintenance of existing structures.
17 Sec. 3. K.S.A. 65-3405 is hereby amended to read as follows: 65-
18 3405. (a) Each county of this state, or a designated city, shall submit to
19 the secretary a workable plan for the management of solid waste in such
20 county. The plan developed by each county or designated city shall be
21 adopted by the governing body of such county or designated city if so
22 authorized. Two or more counties, by interlocal agreement entered into
23 pursuant to K.S.A. 12-2901 et seq., and amendments thereto, may de-
24 velop and adopt a regional plan in lieu of separate county plans. The
25 secretary shall not require the submission of county or regional plans
26 earlier than one year following completion and distribution of the state-
27 wide solid waste management plan provided for in subsection (a)(5) of
28 K.S.A. 65-3406, and amendments thereto. County and regional plans shall
29 be amended from time to time as changing conditions occur by filing
30 revisions with the secretary.
31 (b) There shall be established in each county or group of counties
32 cooperating in a regional plan a solid waste management committee. A
33 county by interlocal agreement may designate a city as the solid waste
34 management planning authority for the county. Subject to the require-
35 ments of this section, the membership of the committee, the terms of
36 committee members, the organization of the committee and selection of
37 its officers shall be determined by the county or counties by interlocal
38 agreement entered into pursuant to K.S.A. 12-2901 et seq., and amend-
39 ments thereto. The membership of the committee shall not exceed 30
40 members and shall include: (1) Representatives of incorporated cities
41 located in the county or counties, equal in number to five members rep-
42 resenting any cities of the first class, three members representing any
43 cities of the second class and one member representing any cities of the
HB 2226--Am. by S
1 third class; (2) one representative of unincorporated areas of the county
2 or counties; (3) representatives of the general public, citizen organiza-
3 tions, private industry, any private solid waste management industry op-
4 erating in the county or counties and any private recycling or scrap ma-
5 terial processing industry operating in the county or counties; (4) the
6 recycling coordinator, if any, of the county or counties; and (5) any other
7 persons deemed appropriate by the county or counties or designated city
8 or cities including, but not limited to, county commissioners, county en-
9 gineers, county health officers and county planners. Members of the com-
10 mittee shall be appointed by the board of county commissioners or gov-
11 erning body of the designated city, or by agreement of the boards of
12 county commissioners or governing bodies of the designated cities co-
13 operating in the plan. Members appointed to represent cities shall be
14 nominated by the mayor of the city represented, or by agreement of all
15 mayors of the cities represented if more than one city of the class is
16 located in the county or counties. If the nominee is not appointed or
17 rejected within 30 days after nomination, the nominee shall be deemed
19 (c) The solid waste management committee shall: (1) Be responsible
20 for the preparation of the solid waste management plan of the county or
21 group of counties participating in the committee; (2) review the plan at
22 least annually
and submit to the secretary or the secretary's designee any
23 recommendations for revision of the plan; and; (3) at least every five years
24 hold a public hearing on the plan and future goals of solid waste man-
25 agement in the county or group of counties; and (4) notify the secretary
26 that the committee has completed the review or public hearing.
27 (d) Each county or group of counties is required to adopt and imple-
28 ment a solid waste management plan pursuant to this section and is re-
29 sponsible for continued and ongoing planning for systematic solid waste
30 management within the boundaries of such county or group of counties.
31 Each county or group of counties shall demonstrate that its planning
32 process includes regular communication with other counties or groups of
33 counties and reflects consideration of planning and solid waste manage-
34 ment practices that are ongoing in the state. The solid waste management
35 plan of each county or group of counties or designated city or cities shall
36 provide for a solid waste management system plan to serve the residents
37 of all townships and cities all generators of solid waste within the county
38 or group of counties.
39 (e) Every plan shall:
40 (1) Delineate areas within the jurisdiction of the political subdivision
41 or subdivisions where waste management systems are in existence and
42 areas where the solid waste management systems are planned to be avail-
43 able within a 10-year period.
HB 2226--Am. by S
Reasonably Conform to the rules and regulations, standards and
2 procedures adopted by the secretary for implementation of this act.
3 (3) Provide for the orderly extension of solid waste management sys-
4 tems in a manner consistent with the needs and plans of the whole area,
5 and in a manner which will not contribute to pollution of the waters or
6 air of the state, nor constitute a public nuisance and shall otherwise pro-
7 vide for the safe and sanitary disposal of solid waste.
8 (4) Take into consideration Conform with existing comprehensive
9 plans, population trend projections, engineering and economics so as to
10 delineate with practicable precision those portions of the area which may
11 reasonably be expected to be served by a solid waste management system
12 within the next 10 years.
13 (5) Take into consideration existing acts and regulations affecting the
14 development, use and protection of air, water or land resources.
15 (6) Establish a time schedule and revenue schedule for the devel-
16 opment, construction and operation of the planned solid waste manage-
17 ment systems, together with the estimated cost thereof.
18 (7) Describe the elements of the plan which will require public ed-
19 ucation and include a plan for delivering such education.
20 (8) Include such other reasonable information as the secretary re-
22 (9) Establish a schedule for the reduction of waste volumes taking in
23 consideration the following: (A) Source reduction; (B) reuse, recycling,
24 composting; and (C) land disposal.
25 (10) Take into consideration the development of specific manage-
26 ment programs for certain wastes, including but not limited to lead acid
27 batteries, household hazardous wastes, small quantities of hazardous
28 waste, white goods containing chlorofluorocarbons, pesticides and pesti-
29 cide containers, motor oil and yard waste.
30 (11) Each county or group of counties shall demonstrate that the
31 planning process includes regular communication with other counties or
32 groups of counties and reflects consideration of planning and solid waste
33 management practices that are ongoing in the state.
34 (f) The plan and any revision of the plan shall be reviewed by appro-
35 priate official planning agencies within the area covered by the plan for
36 consistency with programs of comprehensive planning for the area. All
37 such reviews shall be transmitted to the secretary with the proposed plan
38 or revision.
39 (g) The secretary is hereby authorized to approve or disapprove plans
40 for solid waste management systems, or revisions of such plans, submitted
41 in accordance with this act. If a plan or revision is disapproved, the sec-
42 retary shall furnish any and all reasons for such disapproval, and the
43 county or group of counties whose plan or revision is disapproved may
HB 2226--Am. by S
1 request a hearing before the secretary in accordance with K.S.A. 65-3412,
2 and amendments thereto.
3 (h) The secretary is authorized to provide technical assistance to
4 counties or designated cities in coordinating plans for solid waste man-
5 agement systems required by this act, including revisions of such plans.
6 (i) The secretary may recommend that two or more counties adopt,
7 submit and implement a regional plan rather than separate county plans.
8 (j) The secretary may institute appropriate action to compel submis-
9 sion of plans or plan revisions in accordance with this act and the rules
10 and regulations, standards and procedures of the secretary.
11 (k) Upon approval of the secretary of a solid waste management plan,
12 the county or designated city is authorized and directed to implement the
13 provisions contained in the plan.
14 (l) A county cooperating in a regional solid waste management plan
15 may withdraw from such plan only:
Upon approval by the secretary of new or revised solid waste
17 management plans for all counties cooperating in the old plan; and
18 (2) In accordance with the terms of the interlocal agreement adopting
19 the old plan or upon revision or termination of such agreement to permit
20 withdrawal; and
21 (2) upon a determination by the secretary that the existing regional
22 solid waste management plan will not be significantly affected by the
24 Sec. 4. K.S.A. 1996 Supp. 65-3407 is hereby amended to read as
25 follows: 65-3407. (a) It shall be unlawful for any person to No Except as
26 otherwise provided by section 5, no person shall construct, alter or
27 operate a solid waste processing facility or a solid waste disposal area of
28 a solid waste management system, except for clean rubble disposal sites,
29 without first obtaining a permit or other approval from the secretary.
30 (b) Every person desiring to obtain a permit to construct, alter or
31 operate a solid waste storage, treatment or processing facility or disposal
32 area shall make application for such a permit on forms provided for such
33 purpose by the rules and regulations of the secretary and shall provide
34 the secretary with such information as necessary to show that the facility
35 or area will comply with the purpose of this act. Upon receipt of any
36 application and payment of the application fee, the secretary, with advice
37 and counsel from the local health authorities and the county commission,
38 shall make an investigation of the proposed solid waste processing facility
39 or disposal area and determine whether it complies with the provisions
40 of this act and any rules and regulations and standards adopted there-
41 under. The secretary also may consider the need for the facility or area
42 in conjunction with the county or regional solid waste management plan.
43 When If the investigation reveals that the facility or area does conform
HB 2226--Am. by S
1 conforms with the provisions of the act and the rules and regulations and
2 standards adopted thereunder, the secretary shall approve the application
3 and shall issue a permit for the operation of each solid waste processing
4 or disposal facility or area set forth in the application.
In the event that
5 If the facility or area fails to meet the rules and regulations and standards
6 required by this act the secretary shall issue a report to the applicant
7 stating the deficiencies in the application. The secretary may issue tem-
8 porary permits conditioned upon corrections of construction methods be-
9 ing completed and implemented.
10 (c) Before reviewing any application for permit, the secretary shall
11 conduct a background investigation of the applicant. The secretary shall
12 consider the financial, technical and management capabilities of the ap-
13 plicant as conditions for issuance of a permit. The secretary may reject
14 the application prior to conducting an investigation into the merits of the
15 application if the secretary finds that:
16 (1) The applicant currently holds, or in the past has held, a permit
17 under this section and while the applicant held a permit under this section
18 the applicant violated a provision of subsection (a) of K.S.A. 65-3409, and
19 amendments thereto; or
20 (2) the applicant previously held a permit under this section and that
21 permit was revoked by the secretary; or
22 (3) the applicant failed or continues to fail to comply with any of the
23 provisions of the air, water or waste statutes, including rules and regula-
24 tions issued thereunder, relating to environmental protection or to the
25 protection of public health in this or any other state or the federal gov-
26 ernment of the United States, or any condition of any permit or license
27 issued by the secretary; or if the secretary finds that the applicant has
28 shown a lack of ability or intention to comply with any provision of any
29 law referred to in this subsection or any rule and regulation or order or
30 permit issued pursuant to any such law as indicated by past or continuing
31 violations; or
32 (4) the applicant is a corporation and any principal, shareholder, or
33 other person capable of exercising total or partial control of such corpo-
34 ration could be determined ineligible to receive a permit pursuant to
35 subsection (c)(1), (2) or (3) above.
36 (d) Before reviewing any application for a permit, the secretary may
37 request that the attorney general perform a comprehensive criminal back-
38 ground investigation of the applicant; or in the case of a corporate appli-
39 cant, any principal, shareholder or other person capable of exercising total
40 or partial control of the corporation. The secretary may reject the appli-
41 cation prior to conducting an investigation into the merits of the appli-
42 cation if the secretary finds that serious criminal violations have been
43 committed by the applicant or a principal of the corporation.
HB 2226--Am. by S
1 (e) The fees for a solid waste processing or disposal permit shall be
2 established by rules and regulations adopted by the secretary. The fee for
3 the application and original permit shall not exceed $5,000. The annual
4 permit renewal fee shall not exceed $2,000. No refund shall be made in
5 case of revocation. In establishing fees for a construction and demolition
6 landfill, the secretary shall adopt a differential fee schedule based upon
7 the volume of construction and demolition waste to be disposed of at
8 such landfill. All fees shall be deposited in the state treasury and credited
9 to the solid waste management fund. A city, county, other political sub-
10 division or state agency shall be exempt from payment of the fee but shall
11 meet all other provisions of this act.
12 (f) Plans, designs and relevant data for the construction of solid waste
13 processing facilities and disposal sites shall be prepared by a professional
14 engineer licensed to practice in Kansas and shall be submitted to the
15 department for approval prior to the construction, alteration or operation
16 of such facility or area. In adopting rules and regulations, the secretary
17 may specify sites, areas or facilities where the environmental impact is
18 minimal and may waive such preparation requirements provided that a
19 review of such plans is conducted by a professional engineer licensed to
20 practice in Kansas.
21 (g) Each permit granted by the secretary, as provided in this act, shall
22 be subject to such conditions as the secretary deems necessary to protect
23 human health and the environment and to conserve the sites. Such con-
24 ditions shall include approval by the secretary of the types and quantities
25 of solid waste allowable for processing or disposal at the permitted loca-
27 (h) As a condition of granting a permit to operate any processing
28 facility or disposal area for solid waste, the secretary shall require the
29 permittee to: (1) Provide a trust fund,
surety bond, cash bond, a secured
30 trust fund, irrevocable letter of credit or insurance to pay costs of closure
31 and postclosure cleanup, or shall require the permittee to meet a financial
32 test established by the secretary for closure and postclosure, which test
33 may be met by a permittee's ad valorem taxing power. In addition, the
34 secretary shall require the permittee to provide liability insurance, in-
35 cluding coverage against sudden and nonsudden occurrences, or any com-
36 bination thereof, in such amount as determined necessary by the secretary
37 to insure the financial responsibility of the permittee for any: (1) Oper-
38 ational activities contemplated by the act, rules and regulations adopted
39 pursuant thereto, and the permit; and (2) liability incurred in the oper-
40 ation of the facility or area and to insure that, upon abandonment, ces-
41 sation or interruption of the operation of the facility or area, all appro-
42 priate measures are taken to prevent present or future damage to human
43 health and the environment surety bond guaranteeing payment, irrevo-
HB 2226--Am. by S
1 cable letter of credit or insurance policy, to pay the costs of closure and
2 postclosure care; or (2) pass a financial test or obtain a financial guar-
3 antee from a related entity, to guarantee the future availability of funds
4 to pay the costs of closure and postclosure care. The secretary shall pre-
5 scribe the methods to be used by a permittee to demonstrate sufficient
6 financial strength to become eligible to use a financial test or a financial
7 guarantee procedure in lieu of providing the financial instruments listed
8 in (1) above. Solid waste processing facilities or disposal areas, except
9 municipal solid waste landfills, may also demonstrate financial assurance
10 for closure and postclosure care costs by use of ad valorem taxing power.
11 In addition, the secretary shall require the permittee to provide liability
12 insurance coverage during the period that the facility or area is active,
13 and during the term of the facility or area is subject to postclosure care,
14 in such amount as determined by the secretary to insure the financial
15 responsibility of the permittee for accidential occurrences at the site of
16 the facility or area. Any such liability insurance as may be required pur-
17 suant to this subsection or pursuant to the rules and regulations of the
18 secretary shall be issued by an insurance company authorized to do busi-
19 ness in Kansas or by a licensed insurance agent operating under authority
20 of K.S.A. 40-246b, and amendments thereto, and shall be subject to the
21 insurer's policy provisions filed with and approved by the commissioner
22 of insurance pursuant to K.S.A. 40-216, and amendments thereto, except
23 as authorized by K.S.A. 40-246b, and amendments thereto. Nothing con-
24 tained in this subsection shall be deemed to apply to any state agency or
25 department or agency of the federal government.
26 (i) Permits granted by the secretary, as provided in this act: (1) Shall
27 not be transferable; and (2) shall be revocable or subject to suspension
28 whenever the secretary shall determine that the solid waste processing
29 or disposal facility or area is, or has been constructed or operated in
30 violation of this act or the rules and regulations or standards adopted
31 pursuant to the act, or is creating or threatens to create a hazard to per-
32 sons or property in the area or to the environment, or is creating or
33 threatens to create a public nuisance, or upon the failure to make payment
34 of any fee required under this act. The secretary also may revoke, suspend
35 or refuse to issue a permit when the secretary determines that past or
36 continuing violations of the provisions of subsection (c)(3) of K.S.A. 65-
37 3407, and amendments thereto, have been committed by a permittee, or
38 any principal, shareholder or other person capable of exercising partial
39 or total control over a permittee.
40 (j) In case any permit is denied, suspended or revoked the person,
41 city, county or other political subdivision or state agency may request a
42 hearing before the secretary in accordance with K.S.A. 65-3412, and
43 amendments thereto.
HB 2226--Am. by S
1 (k) (1) No permit to construct or operate a solid waste disposal area
2 shall be issued on or after the effective date of this act if such area is
3 located within 1/2 mile of a navigable stream used for interstate commerce
4 or within one mile of an intake point for any public surface water supply
6 (2) Any permit, issued before the effective date of this act, to con-
7 struct or operate a solid waste disposal area is hereby declared void if
8 such area is not yet in operation and is located within 1/2 mile of a navi-
9 gable stream used for interstate commerce or within one mile of an intake
10 point for any public surface water supply system.
11 (3) The provisions of this subsection shall not be construed to pro-
12 hibit: (A) Issuance of a permit for lateral expansion onto land contiguous
13 to a permitted solid waste disposal area in operation on the effective date
14 of this act; (B) issuance of a permit for a solid waste disposal area for
15 disposal of a solid waste by-product produced on-site; (C) renewal of an
16 existing permit for a solid waste area in operation on the effective date
17 of this act; or (D) activities which are regulated under K.S.A. 65-163
18 through 65-165 or 65-171d, and amendments thereto.
19 New Sec. 5. (a) The secretary may authorize persons to carry
20 out the following activities without a solid waste permit issued pur-
21 suant to K.S.A. 65-3407, and amendments thereto:
22 (1) Dispose of solid waste at a site where the waste has been
23 accumulated or illegally dumped. Disposal of some or all such
24 waste must be identified as an integral part of a site cleanup and
25 closure plan submitted to the department by the person respon-
26 sible for the site. No additional waste may be brought to the site
27 following the department's approval of the site cleanup and clo-
28 sure plan.
29 (2) Perform temporary projects to remediate soils contami-
30 nated by organic constituents capable of being reduced in concen-
31 tration by biodegradation processes or volatilization, or both. Soil
32 to be treated may be generated on-site or off-site. A project op-
33 erating plan and a site closure plan must be submitted to the de-
34 partment as part of the project approval process.
35 (b) The secretary shall consider the following factors when de-
36 termining eligibility for an exemption to the solid waste permitting
37 requirements under this section:
38 (1) Potential impacts to human health and the environment.
39 (2) Urgency to perform necessary work compared to typical
40 permitting timeframes.
41 (3) Costs and impacts of alternative waste handling methods.
42 (4) Local land use restrictions.
43 (5) Financial resources of responsible parties.
HB 2226--Am. by S
1 (6) Technical feasibility of proposed project.
2 (7) Technical capabilities of persons performing proposed
4 (c) The secretary may seek counsel from local government of-
5 ficials prior to exempting activities from solid waste permitting
6 requirements under this section.
7 Sec. 6. K.S.A. 1996 Supp. 65-3409 is hereby amended to read
8 as follows: 65-3409. (a) It shall be unlawful for any person to:
9 (1) Dispose of any solid waste by open dumping, but this pro-
10 vision shall not prohibit: (A) The use of solid wastes in normal farm-
11 ing operations or in the processing or manufacturing of other
12 products in a manner that will not create a public nuisance or
13 adversely affect the public health; or (B) an individual from dump-
14 ing or depositing solid wastes resulting from such individual's own
15 residential or agricultural activities onto the surface of land owned
16 or leased by such individual when such wastes do not create a
17 public nuisance or adversely affect the public health or the envi-
19 (2) Except as otherwise provided by section 5, construct, alter or
20 operate a solid waste storage, processing or disposal facility or area
21 of a solid waste management system without a permit
or other ap-
22 proval from the secretary or be in violation of the rules and regula-
23 tions, standards or orders of the secretary.
24 (3) Violate any condition of any permit issued under K.S.A. 65-
25 3407, and amendments thereto.
26 (4) Conduct any solid waste burning operations in violation of
27 the provisions of the Kansas air quality act.
28 (5) Store, collect, transport, process, treat or dispose of solid
29 waste contrary to the rules and regulations, standards or orders of
30 the secretary or in such a manner as to create a public nuisance.
31 (6) Refuse or hinder entry, inspection, sampling and the ex-
32 amination or copying of records related to the purposes of this act
33 by an agent or employee of the secretary after such agent or em-
34 ployee identifies and gives notice of their purpose.
35 (7) Violate subsection (b) of K.S.A. 65-3424a, subsection (c) of
36 K.S.A. 65-3424b or K.S.A. 65-3424i, and amendments thereto.
37 (b) No person shall be held responsible for failure to secure a
38 permit under the provisions of this section for the dumping or
39 depositing of any solid waste on land owned or leased by such
40 person without such person's expressed or implied consent, per-
41 mission or knowledge.
42 (c) Any person who violates any provision of subsection (a) shall
43 be guilty of a class A misdemeanor and, upon conviction thereof,
HB 2226--Am. by S
1 shall be punished as provided by law.
5 7. K.S.A. 65-3414 is hereby amended to read as follows: 65-
3 3414. The county or district attorney of every county is hereby authorized
4 and directed to file appropriate actions for enforcement of this act upon
5 request of the secretary. The county or district attorney filing the action
6 shall notify the secretary before filing the action.
7 Sec. 6 8. K.S.A. 1996 Supp. 65-3415 is hereby amended to read as
8 follows: 65-3415. (a) The secretary is authorized to assist counties, des-
9 ignated cities or regional solid waste management entities by administer-
10 ing grants to pay up to 60% of the costs of preparing and revising official
11 plans for solid waste management systems in accordance with the require-
12 ments of this act and the rules and regulations and standards adopted
13 pursuant to this act, and for carrying out related studies, surveys, inves-
14 tigations, inquiries, research and analyses.
15 (b) The secretary is authorized to develop and administer a base grant
16 program to assist counties, designated cities or regional solid waste man-
17 agement entities that are part of an interlocal agreement entered into
18 pursuant to K.S.A. 12-2901 et seq. and amendments thereto or other
19 applicable statutes. Projects eligible for funding under the base grant
20 program include:
21 (1) Public education and training;
22 (2) solid waste management planning expenses;
23 (3) worker training;
24 (4) local or regional solid waste reduction, reuse and recycling pro-
26 (5) local or regional household hazardous waste collection programs;
27 (6) closure and postclosure monitoring of old solid waste disposal
29 (7) construction of solid waste transfer stations;
30 (8) salaries for personnel conducting eligible base grant activities;
31 (9) consulting services for eligible base grant activities; and
32 (10) capital and equipment purchases for eligible base grant activities.
33 If a grantee is an individual county or designated city, the grant may
34 pay up to 60% of eligible project costs incurred in a fiscal year. If a grantee
35 is a regional entity, the grant may pay up to 75% of eligible project costs
36 incurred in the fiscal year beginning July 1, 1995, and up to 60% of eligible
37 project costs incurred in a subsequent fiscal year. The remainder of eli-
38 gible project costs shall be contributed by the county, designated city or
39 regional entity in either in-kind or monetary form.
40 (c) The secretary is authorized to assist counties, designated cities,
41 municipalities, regional solid waste management entities that are part of
42 an interlocal agreement entered into pursuant to K.S.A. 12-2901 et seq.
43 and amendments thereto or other applicable statutes or private entities,
HB 2226--Am. by S
1 by administering competitive grants that pay up to 75% of eligible costs
2 incurred by such a county, city, regional entity or private entity
3 ment those aspects of pursuant to an approved solid waste management
4 plans plan, for any project related to the development and operation of
5 recycling, source reduction, waste minimization and solid waste manage-
6 ment public education programs. To be eligible for competitive grants
7 awarded pursuant to this section, a county, designated city, regional en-
8 tity or private entity must be implementing a project which is part of an
9 approved a solid waste management plan approved by the secretary
10 or implementing a project with statewide significance as determined by
11 the secretary with the advice and counsel of the solid waste grants ad-
12 [chvisory committee.
13 (d) (c) The secretary is authorized to assist counties, cities or regional
14 solid waste management entities that are part of an interlocal agreement
15 entered into pursuant to K.S.A. 12-2901 et seq. and amendments thereto
16 or other applicable statutes, by administering grants that pay up to 60%
17 of costs incurred by such a county, city or regional entity for the devel-
18 opment and first year of operation of temporary and permanent house-
19 hold hazardous waste programs operated in accordance with K.S.A. 65-
20 3460 and amendments thereto.
21 (e) (d) The secretary is authorized to assist counties, cities or regional
22 solid waste management entities that are part of an interlocal agreement
23 entered into pursuant to K.S.A. 12-2901 et seq. and amendments thereto
24 or other applicable statutes, by administering grants that pay up to 75%
25 of costs incurred by such a county, city or regional entity to develop and
26 implement temporary agricultural pesticide collection programs.
27 (f) (e) The secretary is authorized to assist counties, cities or regional
28 solid waste management entities that are part of an interlocal agreement
29 entered into pursuant to K.S.A. 12-2901 et seq. and amendments thereto
30 or other applicable statutes, by administering grants that pay up to 75%
31 of costs incurred by such a county, city, or regional entity to develop and
32 implement exempt small quantity hazardous waste generator waste col-
33 lection programs, subject to the following:
34 (1) The aggregate amount of all such grants made for a fiscal year
35 shall not exceed $150,000; and
36 (2) no grantee shall receive any such grants in an aggregate amount
37 exceeding $50,000.
38 (g) (1) To be eligible for base grants awarded pursuant to this sec-
39 tion, the counties, cities or regional solid waste management entities must
40 submit to the department satisfactory proof that the county, city or re-
41 gional entity has published a request for proposals for the project to be
42 funded by the grant and has allowed sufficient time for notice and sub-
43 mission of proposals. The city, county or regional solid waste management
HB 2226--Am. by S
entity shall publish the request for proposals in the Kansas register and:
2 (A) In the official county newspaper as defined in K.S.A. 64-101, and
3 amendments thereto, if the applicant is a city or county; or (B) in the
4 official county newspaper as defined in K.S.A. 64-101, and amendments
5 thereto, of the county where the landfill is located if the applicant is a
6 regional solid waste management entity.
7 (2) To be eligible for base grants awarded pursuant to this section,
8 the counties, cities or regional solid waste management entities must be
9 participating in a solid waste management planning process or imple-
10 menting an approved solid waste management plan. To be eligible for
11 competitive grants awarded pursuant to this section, the counties, cities
12 or regional solid waste management entities must be implementing an
13 approved solid waste management plan. Indications of planning process
14 participation include the formation of a county or regional planning com-
15 mittee, regular solid waste planning committee meetings, amendment of
16 existing solid waste management plans and development of new compre-
17 hensive solid waste management plans.
18 (3) (f) (1) Failure to pay solid waste tonnage fees on wastes disposed
19 in Kansas pursuant to K.S.A. 65-3415b and amendments thereto, shall
20 bar receipt of any grant funds until fees and related penalties have been
22 (4) (2) The secretary may establish additional minimum requirements
23 for grant eligibility.
24 (h) (g) The secretary shall prepare and deliver to the legislature on
25 or before January 2, 1998, a report which summarizes all solid waste
26 management grant program activities, solid waste management fund rev-
27 enues and recommendations regarding continuation of solid waste man-
28 agement programs.
29 (i) (h) All grants shall be made in accordance with appropriations acts
30 from the state general fund or from moneys in the solid waste manage-
31 ment fund created by K.S.A. 65-3415a and amendments thereto.
32 (i) Local match requirements for all solid waste grant programs may
33 be met by in-kind contributions from counties, designated cities or, re-
34 gional solid waste management entities or private entities.
35 Sec. 7 9. K.S.A. 1996 Supp. 65-3415a is hereby amended to read as
36 follows: 65-3415a. (a) There is hereby created in the state treasury the
37 solid waste management fund.
38 (b) The secretary shall remit at least monthly to the state treasurer
39 all moneys collected or received by the secretary from the following
41 (1) Solid waste tonnage fees imposed pursuant to K.S.A. 65-3415b,
42 and amendments thereto;
43 (2) application and annual fees provided for by K.S.A. 65-3407, and
HB 2226--Am. by S
1 amendments thereto;
2 (3) gifts, grants, reimbursements or appropriations intended to be
3 used for the purposes of the fund, but excluding federal grants and co-
4 operative agreements; and
5 (4) any other moneys provided by law.
6 Upon receipt thereof, the state treasurer shall deposit in the state trea-
7 [chsury any amount remitted pursuant to this subsection and shall credit the
8 entire amount to the solid waste management fund.
9 (c) Moneys in the solid waste management fund shall be expended
10 for the following purposes:
11 (1) Grants to counties or groups of counties or designated city or
12 cities pursuant to K.S.A. 65-3415, and amendments thereto
, but the total
13 amount of expenditures from the fund in the fiscal year beginning July
14 1, 1995, for grants pursuant to subsection (b) of K.S.A. 65-3415 and
15 amendments thereto shall not exceed an amount equal to 20% of all
16 amounts credited to the fund during the preceding fiscal year;
17 (2) monitoring and investigating solid waste management plans of
18 counties and groups of counties;
19 (3) payment of extraordinary costs related to monitoring permitted
20 solid waste processing facilities and disposal areas, both during operation
21 and after closure;
22 (4) payment of costs of postclosure cleanup of permitted solid waste
23 disposal areas which, as a result of a postclosure occurrence, pose a sub-
24 stantial hazard to public health or safety or to the environment;
25 (5) emergency payment for costs of cleanup of solid waste disposal
26 areas which were closed before the effective date of this act and which
27 pose a substantial risk to the public health or safety or to the environment,
28 but the total amount of such emergency payments during a fiscal year
29 shall not exceed an amount equal to 50% of all amounts credited to the
30 fund during the preceding fiscal year;
31 (6) payment for emergency action by the secretary as necessary or
32 appropriate to assure that the public health or safety is not threatened
33 whenever there is a release from a solid waste processing facility or a solid
34 waste disposal area;
35 (7) payment for corrective action by the secretary where the release
36 presents actual or potential threat to human health or the environment,
37 if the owner or operator has not been identified or is unable or unwilling
38 to perform corrective action;
39 (8) payment of the administrative, technical and legal costs incurred
40 by the secretary in carrying out the provisions of K.S.A. 65-3401 through
41 65-3423, and amendments thereto, including the cost of any additional
42 employees or increased general operating costs of the department attrib-
43 utable therefor;
HB 2226--Am. by S
1 (9) development of educational materials and programs for informing
2 the public about solid waste issues;
3 (10) direct payments to reimburse counties or cities for household,
4 farmer or exempt small quantity generator hazardous wastes generated
5 from persons not served by existing household hazardous waste programs
6 or direct payment of contractors for the disposal costs of such wastes; and
7 (11) payment of costs associated with the solid waste grants advisory
8 board pursuant to K.S.A. 1996 Supp. 65-3426, and amendments thereto.
9 (d) If the secretary determines that expenditures from the solid waste
10 management fund are necessary, the person or persons responsible for
11 the operation or long-term care of a disposal area whose failure to comply
12 with this act, rules and regulations promulgated thereunder, or permit
13 conditions resulted in such determination, shall be responsible for the
14 repayment of those amounts expended. The secretary shall take appro-
15 priate action to enforce this provision against any responsible person. The
16 secretary shall remit to the state treasurer any amounts recovered and
17 collected in such action. The state treasurer shall deposit all such amounts
18 in the state treasury and credit the same to the solid waste management
20 (e) Expenditures from the solid waste management fund shall be
21 made in accordance with appropriations acts upon warrants of the direc-
22 tor of accounts and reports issued pursuant to vouchers approved by the
23 secretary or a person designated by the secretary.
24 (f) On or before the 10th of each month, the director of accounts and
25 reports shall transfer from the state general fund to the solid waste man-
26 agement fund interest earnings based on:
27 (1) The average daily balance of moneys in the solid waste manage-
28 ment fund for the preceding month; and
29 (2) the net earnings rate of the pooled money investment portfolio
30 for the preceding month.
31 (g) The solid waste management fund shall be used for the purposes
32 set forth in this act and for no other governmental purposes. It is the
33 intent of the legislature that the fund shall remain intact and inviolate for
34 the purposes set forth in this act, and moneys in the fund shall not be
35 subject to the provisions of K.S.A. 75-3722, 75-3725a and 75-3726a, and
36 amendments thereto.
8 10. K.S.A. 1996 Supp. 65-3415b is hereby amended to read
38 as follows: 65-3415b. (a) Except for construction and demolition landfills
39 and industrial solid waste landfills, there is hereby imposed a state solid
40 waste tonnage fee of $1.00 for each ton or equivalent volume of solid
41 waste disposed of at any solid waste disposal area in this state.
42 (b) There is hereby imposed a state solid waste tonnage fee of $1.00
43 for each ton or equivalent volume of construction and demolition waste
HB 2226--Am. by S
1 disposed of at any construction and demolition landfill and solid waste
2 disposed at any industrial solid waste landfill, other than waste enumer-
3 ated in subsection (c).
4 (c) The fees imposed by this section shall not apply to:
5 (1) Any waste tire, as defined by subsection (j) of K.S.A. 65-3424, and
6 amendments thereto, disposed in or at a permitted solid waste disposal
8 (2) any of the following wastes when disposed of at a monofill per-
9 mitted by the department:
10 (A) Sludges from public drinking water supply treatment plants;
11 (B) cement kiln dust from the manufacture of portland and masonry
13 (C) flue gas desulfurization sludge, fly ash and bottom ash from coal-
14 fired electric generating facilities; and
15 (D) foundry sand;
16 (3) clean rubble;
17 (4) solid waste solely consisting of vegetation from land clearing and
18 grubbing, utility maintenance and seasonal or storm-related cleanup but
19 such exception shall not apply to yard waste; and
(5) construction and demolition waste generated before January 1,
21 1996, from federal facilities as provided for under contract with the U.S.
22 army corps of engineers before the effective date of this act; and
23 (6) (5) construction and demolition waste disposed of by the state
24 and of Kansas, or by any city or county in the state of Kansas, or by any
25 person on their behalf thereof.
26 (d) The operator of a solid waste disposal area shall pay the fee im-
27 posed by this section.
28 (e) The secretary of health and environment shall administer, enforce
29 and collect the fee imposed by this section. Except as otherwise provided
30 by subsections (a) and (b), all laws and rules and regulations of the sec-
31 retary of revenue relating to the administration, enforcement and collec-
32 tion of the retailers' sales tax shall apply to such fee insofar as they can
33 be made applicable, and the secretary of health and environment shall
34 adopt such additional rules and regulations as necessary for the efficient
35 and effective administration, enforcement and collection thereof.
36 (f) The secretary of health and environment shall remit daily to the
37 state treasurer all moneys collected from fees imposed pursuant to sub-
38 sections (a) and (b). Upon receipt thereof, the state treasurer shall deposit
39 the entire amount in the state treasury and credit it to the solid waste
40 management fund created by K.S.A. 65-3415a and amendments thereto.
41 Sec. 9 11. K.S.A. 65-3415e is hereby amended to read as follows: 65-
42 3415e. (a) Except as provided by subsection (c), on and after July 1, 1993,
43 any county or group of counties operating a solid waste disposal area shall
HB 2226--Am. by S
levy a special charge on solid waste generated outside such county or
2 counties and deposited at such disposal area. Such charge may be higher
3 than charges levied on solid waste generated within the county or coun-
4 ties. The revenue from such charge may be used by the county or group
5 of counties for the development and implementation of its solid waste
6 management plan and the costs of closure and postclosure cleanup of
7 solid waste disposal areas within the county or group of counties.
8 (b) Except as provided by subsection (c), on and after July 1, 1993
9 (b), any county or group of counties operating a solid waste disposal area
10 shall levy a charge on any solid waste, whether generated within or outside
11 such county or counties, that is deposited at any privately owned solid
12 waste disposal area located in such county or counties. The revenue from
13 such charge may be used by the county or group of counties for the
14 development and implementation of its solid waste management plan and
15 the costs of closure and postclosure cleanup of solid waste disposal areas
16 within the county or group of counties.
17 (c) (b) The board of county commissioners of any county by unani-
18 mous vote may determine not to impose the fee provided for by subsec-
19 tion (a) or (b).
20 (d) (c) Any charges imposed by counties under this section shall be
21 in addition to any other fees, charges, franchise payments or taxes im-
22 posed for solid waste deposited at a solid waste disposal area. The sec-
23 retary of health and environment shall make available to counties infor-
24 mation as to the amounts paid by the operators of solid waste disposal
25 areas under the provisions of K.S.A. 65-3415b and amendments thereto.
26 Sec. 10 12. K.S.A. 1996 Supp. 65-3415f is hereby amended to read
27 as follows: 65-3415f. (a) As used in this section, terms have the meanings
28 provided by K.S.A. 65-3402 and amendments thereto.
29 (b) In addition to any other fee provided by law, the board of county
30 commissioners of any county may impose, by resolution adopted pursuant
31 to this section, a solid waste tonnage fee for each ton or equivalent volume
32 of solid waste disposed of at any solid waste disposal area operated by
33 such county. Such fees shall not apply to:
34 (1) Any waste tire, as defined by K.S.A. 65-3424 and amendments
35 thereto, disposed in or at a permitted solid waste disposal area;
36 (2) any of the following wastes when disposed of at a monofill per-
37 mitted by the department: (A) Sludges from public drinking water supply
38 treatment plants; (B) cement kiln dust from the manufacture of portland
39 and masonry cement; (C) flue gas desulfurization sludge, fly ash and bot-
40 tom ash from coal-fired electric generating facilities; and (D) foundry
42 (3) clean rubble;
43 (4) solid waste solely consisting of vegetation from land clearing and
HB 2226--Am. by S
1 grubbing, utility maintenance and seasonal or storm-related cleanup but
2 such exception shall not apply to yard waste; and
(5) construction and demolition waste generated before January 1,
4 1996, from federal facilities as provided for under contract with the U.S.
5 army corps of engineers before the effective date of this act; and
6 (6) (5) construction and demolition waste disposed of by the state of
7 Kansas or by any city or county in the state of Kansas, or by any person
8 on behalf of the state or any city or county thereof.
9 (c) Fees imposed pursuant to this section shall be collected by the
10 county and deposited in a special fund in the county treasury. All interest
11 earned on moneys in the fund shall also be deposited in the fund. If there
12 is more than one solid waste disposal area in the county where fees are
13 imposed pursuant to this section, a separate fund for each such disposal
14 area shall be maintained from the fees collected from such disposal area.
15 Money in the fund shall be used only for payment of costs of closure,
16 postclosure actions and contamination remediation associated with the
17 solid waste disposal area until the secretary determines that all require-
18 ments for closure, postclosure actions and contamination remediation as-
19 sociated with the disposal area have been met.
20 (d) The board of county commissioners, by resolution, may modify,
21 discontinue or reinstate the fee authorized by this section.
22 (e) Transfer or expenditure of moneys in a special fund provided for
23 by this section for any purpose other than authorized by this section is a
24 class A nonperson misdemeanor and constitutes grounds for forfeiture of
25 public office.
26 (f) If two or more counties jointly operate a solid waste disposal area,
27 the fee provided for by this section on solid waste disposed of at such
28 disposal area may be imposed, modified, discontinued or reinstated only
29 if a majority of the board of county commissioners of each county jointly
30 operating the disposal area votes to impose, modify, discontinue or re-
31 instate the fee.
32 Sec. 11 13. K.S.A. 65-3401, 65-3405, 65-3414, 65-3415c, 65-3415e
33 and 65-3422 and K.S.A. 1996 Supp. 65-3402, 65-3407, 65-3409, 65-3415,
34 65-3415a, 65-3415b and 65-3415f are hereby repealed.
35 Sec. 12 14. This act shall take effect and be in force from and after
36 its publication in the statute book.