Session of 1998
By Committee on Energy and Natural Resources
            9             AN ACT concerning fees for disposal of solid waste; amending K.S.A.
10             1997 Supp. 65-3415b and repealing the existing section.
12       Be it enacted by the Legislature of the State of Kansas:
13           Section 1. K.S.A. 1997 Supp. 65-3415b is hereby amended to read
14       as follows: 65-3415b. (a) Except for construction and demolition landfills
15       and industrial solid waste landfills, There is hereby imposed a state solid
16       waste tonnage fee of $1.00 $1.50 for each ton or equivalent volume of
17       solid waste disposed of at any solid waste disposal area in this state.
18           (b) There is hereby imposed a state solid waste tonnage fee of $1.00
19       for each ton or equivalent volume of construction and demolition waste
20       disposed of at any construction and demolition landfill and solid waste
21       disposed at any industrial solid waste landfill, other than waste enumer-
22       ated in subsection (c).
23           (c) (b) The fees fee imposed by this section shall not apply to:
24           (1) Any waste tire, as defined by subsection (j) of K.S.A. 65-3424, and
25       amendments thereto, disposed in or at a permitted solid waste disposal
26       area;
27           (2) (1) Any of the following wastes when disposed of at a monofill
28       permitted by the department:
29           (A) Sludges from public drinking water supply treatment plants;
30           (B) cement kiln dust from the manufacture of portland and masonry
31       cement;
32           (C) flue gas desulfurization sludge, fly ash and bottom ash from coal-
33       fired electric generating facilities; and
34           (D) foundry sand;
35           (3) (2) clean rubble;
36           (4) (3) solid waste solely consisting of vegetation from land clearing
37       and grubbing, utility maintenance and seasonal or storm-related cleanup
38       but such exception shall not apply to yard waste; and
39           (5) (4) construction and demolition waste disposed of by the state of
40       Kansas, or by any city or county in the state of Kansas, or by any person
41       on behalf thereof.
42           (d) (c) The operator of a solid waste disposal area shall pay the fee
43       imposed by this section.

SB 427


  1           (e) (d) The secretary of health and environment shall administer, en-
  2       force and collect the fee imposed by this section. Except as otherwise
  3       provided by subsections (a) and (b) this section, all laws and rules and
  4       regulations of the secretary of revenue relating to the administration,
  5       enforcement and collection of the retailers' sales tax shall apply to such
  6       fee insofar as they can be made applicable, and the secretary of health
  7       and environment shall adopt such additional rules and regulations as nec-
  8       essary for the efficient and effective administration, enforcement and col-
  9       lection thereof.
10           (f) (e) The secretary of health and environment shall remit daily to
11       the state treasurer all moneys collected from fees the fee imposed pur-
12       suant to subsections (a) and (b) this section. Upon receipt thereof, the
13       state treasurer shall deposit the entire amount in the state treasury and
14       credit it to the solid waste management fund created by K.S.A. 65-3415a
15       and amendments thereto.
16           Sec. 2. K.S.A. 1997 Supp. 65-3415b is hereby repealed.
17           Sec. 3. This act shall take effect and be in force from and after Jan-
18       uary 1, 1999, and its publication in the statute book.