Session of 1998
By Representative Garner
            9             AN ACT concerning hazardous waste; relating to disposal of residues
10             from combustion thereof; amending K.S.A. 65-3430 and repealing the
11             existing section.
13       Be it enacted by the Legislature of the State of Kansas:
14           Section 1. K.S.A. 65-3430 is hereby amended to read as follows:
15       65-3430. As used in K.S.A. 65-3430 to 65-3447, and amendments thereto:
16           (a) ``Department'' means the Kansas department of health and en-
17       vironment.
18           (b) ``Disposal'' means the discharge, deposit, injection, dumping,
19       spilling, leaking or placing of any hazardous waste into or on any land or
20       water so that such hazardous waste or any constituent thereof may enter
21       the environment or be emitted into the air or discharged into any waters,
22       including groundwater.
23           (c) ``Facility'' means all contiguous land, structures and other appur-
24       tenances and improvements on the land utilized for the purpose of treat-
25       ing, storing, or disposing of hazardous waste. A facility may consist of
26       several treatment, storage, or disposal operational units.
27           (d) ``Generator'' means any person, by site, whose act or process pro-
28       duces hazardous waste or whose act first causes a hazardous waste to
29       become subject to regulation.
30           (e) ``Hazardous waste'' means waste or combination of wastes which
31       because of its quantity, concentration or physical, chemical, biological or
32       infectious characteristics or as otherwise determined by the secretary to
33       cause, or significantly contribute to an increase in mortality or an increase
34       in serious irreversible or incapacitating reversible illness; or pose a sub-
35       stantial present or potential hazard to human health or the environment
36       when improperly treated, stored, transported or disposed of or otherwise
37       managed. Hazardous waste shall not include: (1) Household waste; (2)
38       agricultural waste returned to the soil as fertilizer; (3) mining waste and
39       overburden from the extraction, beneficiation and processing of ores and
40       minerals, if returned to the mine site; (4) drilling fluids, produced waters
41       and other wastes associated with the exploration, development and pro-
42       duction of crude oil, natural gas or geothermal energy; (5) fly ash, bottom
43       ash, slag and flue gas emission control wastes generated primarily from

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  1       the combustion of coal or other fossil fuels;   (6) cement kiln dust; or (7)
  2       or (6) materials listed in 40 CFR 261.4, as in effect on July 1, 1983.
  3           (f) ``Hazardous waste disposal facility'' means a facility or part of a
  4       facility at which hazardous waste is treated, stored or disposed and at
  5       which waste will remain after closure. Such term also shall mean a haz-
  6       ardous waste injection well.
  7           (g) ``Hazardous waste management'' means the systematic control of
  8       the collection, source separation, storage, transportation, processing,
  9       treatment, recovery and disposal of hazardous waste.
10           (h) ``Manifest'' means the form prescribed by the secretary to be used
11       for identifying the quantity, composition, origin, routing and destination
12       of hazardous waste during its transportation from the point of generation
13       to the point of disposal, treatment or storage.
14           (i) ``Modification'' means the expansion or enlargement of a facility
15       beyond the boundaries established by an existing permit or any material
16       or substantial alteration or addition to an existing permitted facility which
17       would justify the application of permit conditions that would be materially
18       or substantially different from the conditions of the existing permit or are
19       absent from the existing permit.
20           (j) ``Monitoring'' means all procedures used to (1) systematically in-
21       spect and collect samples or require information and copy records or data
22       on the operational parameters of a facility, generator or a transporter; or
23       (2) to systematically collect and analyze data on the quality of the air,
24       groundwater, surface water or soil on or in the vicinity of a hazardous
25       waste generator, transporter or facility.
26           (k) ``Off-site facility'' means a facility where treatment, storage or dis-
27       posal activities are conducted by a person other than the hazardous waste
28       generator.
29           (l) ``On-site facility'' means a facility which is solely owned and op-
30       erated by the generator exclusively for the treatment, storage or disposal
31       of wastes which have been generated on the contiguous property and
32       includes the same or geographically contiguous property which may be
33       divided by public or private right-of-way, provided the entrance and exit
34       between the properties is at a crossroads intersection and access is by
35       crossing and not going along the right-of-way or noncontiguous properties
36       owned by the same person but connected by a right-of-way which the
37       person controls and to which the public does not have access.
38           (m) ``Permit'' means the document issued to a person by the secretary
39       which allows such person to construct and operate a hazardous waste
40       treatment, storage or disposal facility in the state.
41           (n) ``Person'' means an individual, trust, firm, joint stock company,
42       federal agency, corporation, including a government corporation, part-
43       nership, state, municipality, commission, political subdivision of a state or

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  1       any interstate body.
  2           (o) ``Secretary'' means the secretary of the department of health and
  3       environment.
  4           (p) ``Storage'' means the holding of hazardous waste for a temporary
  5       period at the end of which the hazardous waste is treated, disposed of or
  6       stored elsewhere.
  7           (q) ``Transporter'' means any person who is engaged in the off-site
  8       transportation of hazardous waste by air, rail, land, highway or water.
  9           (r) ``Treatment'' means any method, technique, or process, including
10       neutralization, designed to change the physical, chemical or biological
11       character or composition of any hazardous waste so as to neutralize such
12       waste or so as to recover energy or material resources from the waste, to
13       render such waste nonhazardous, or less hazardous, safer to transport,
14       store or dispose of or amenable for recovery, amenable for storage or
15       reduced in volume.
16           (s) ``Waste'' means any garbage, refuse, sludge or other discarded
17       material which is abandoned or committed to treatment, storage or dis-
18       posal, including solid, liquid, semisolid, or contained gaseous materials
19       resulting from industrial, commercial, mining, community and agricul-
20       tural activities. Waste does not include solid or dissolved materials in
21       domestic sewage, in irrigation return flows, or solid or dissolved materials
22       or industrial discharges which are point sources subject to permits under
23       K.S.A. 65-165, and amendments thereto.
24           (t) ``Acutely hazardous waste'' means a commercial chemical product
25       or manufacturing chemical intermediate having a generic name listed in
26       40 CFR 261.33(e), as in effect on July 1, 1984, or an off-specification
27       commercial chemical product or manufacturing chemical intermediate
28       which, if either met specifications, would have a generic name listed in
29       40 CFR 261.33(e), as in effect on July 1, 1984.
30           (u) ``Underground injection'' means the subsurface emplacement of
31       fluids through a well for which a permit has been issued by the secretary.
32           (v) ``Land treatment'' means the practice of applying hazardous waste
33       onto or incorporating hazardous waste into the soil surface so that it de-
34       grades or decomposes and renders the waste nonhazardous.
35           (w) ``Above ground storage'' means the placement of containerized
36       hazardous waste into an above ground structure for a temporary period
37       prior to the reuse or ultimate treatment or disposal of such waste.
38           (x) ``Closure plan'' means a written document which identifies the
39       procedures by which the owner or operator of a hazardous waste man-
40       agement facility will close such facility so as to control, minimize or elim-
41       inate, to the extent necessary to prevent a threat to human health and the
42       environment, post-closure escape of hazardous waste, hazardous waste
43       constituents, leachate, contaminated rainfall or waste decomposition

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  1       products to the ground, groundwater, surface waters or to the atmos-
  2       phere.
  3           (y) ``Post-closure plan'' means the written document which identifies
  4       the procedures by which the owner or operator of a hazardous waste
  5       management facility shall provide, for a minimum of 30 years, for ground-
  6       water protection, site security and maintenance of cover and leachate
  7       collection systems.
  8           New Sec. 2. Any residue from the combustion of hazardous waste,
  9       whether or not to recover useful energy or materials, shall be deemed a
10       hazardous waste that must be packaged in accordance with 49 CFR
11       172.101 and 49 CFR 173.240, as in effect on the effective date of this
12       act, and must be disposed of at a hazardous waste disposal facility that
13       meets the requirements of the resource conservation and recovery act of
14       1976 (42 USC 6921 et seq.), as in effect on the effective date of this act.
15           Sec. 3. K.S.A. 65-3430 is hereby repealed.
16           Sec. 4. This act shall take effect and be in force from and after its
17       publication in the statute book.