As Amended by Senate Committee

          Session of 1998
By Committee on Energy and Natural Resources
          10             AN ACT concerning solid waste; authorizing disposal of certain wastes
11             without a permit; amending K.S.A. 1997 Supp. 65-3407c and repealing
12             the existing section.
14       Be it enacted by the Legislature of the State of Kansas:
15           Section 1. K.S.A. 1997 Supp. 65-3407c is hereby amended to read
16       as follows: 65-3407c. (a) The secretary may authorize persons to carry out
17       the following activities without a solid waste permit issued pursuant to
18       K.S.A. 65-3407, and amendments thereto:
19           (1) Dispose of solid waste at a site where the waste has been accu-
20       mulated or illegally dumped. Disposal of some or all such waste must be
21       identified as an integral part of a site cleanup and closure plan submitted
22       to the department by the person responsible for the site. No additional
23       waste may be brought to the site following the department's approval of
24       the site cleanup and closure plan.
25           (2) Perform temporary projects to remediate soils contaminated by
26       organic constituents capable of being reduced in concentration by biod-
27       egradation processes or volatilization, or both. Soil to be treated may be
28       generated on-site or off-site. A project operating plan and a site closure
29       plan must be submitted to the department as part of the project approval
30       process.
31           (3) Dispose of demolition waste resulting from the demolition of an
32       entire building or structure providing such waste is disposed of at the site
33       where the building was located. Prior to the department's approval, writ-
34       ten approval for the disposal must be obtained from the landowner and
35       the local governmental or zoning authority having jurisdiction over the
36       disposal site. The disposal area must be covered with a minimum of two
37       feet of soil and seeded, rocked or paved. The final grades for the disposal
38       site must be compatible with and not detract from the appearance of
39       adjacent properties.
40           (4) Dispose of solid waste generated as a result of a transportation
41       accident on property adjacent to or near the accident site. Prior to the
42       department's approval, written approval for the disposal must be obtained
43       from the landowner and the local governmental or zoning authority hav-

SB 483--Am.


  1       ing jurisdiction over the disposal site. A closure plan must be submitted
  2       as part of the approval process.
  3           (5) Dispose of whole unprocessed livestock carcasses on property at,
  4       adjacent or near where the animals died provided such animals died as
  5       a result of a natural disaster or in an emergency situation and proper
  6       procedures are followed to minimize threats to human health and the
  7       environment.
  8           (6) Dispose of solid waste resulting from natural disasters such as
  9       storms, tornadoes, floods or fires or other such emergencies when such
10       request for disposal is made by the local governmental authority having
11       jurisdiction over the area. Approval can only be granted by the depart-
12       ment when failure to act quickly could jeopardize human health or the
13       environment. The local governmental authority must agree to provide
14       proper closure and postclosure maintenance of the disposal site as a con-
15       dition of approval.
16           (b) The secretary shall consider the following factors when determin-
17       ing eligibility for an exemption to the solid waste permitting requirements
18       under this section:
19           (1) Potential impacts to human health and the environment.
20           (2) Urgency to perform necessary work compared to typical permit-
21       ting timeframes.
22           (3) Costs and impacts of alternative waste handling methods.
23           (4) Local land use restrictions.
24           (5) Financial resources of responsible parties.
25           (6) Technical feasibility of proposed project.
26           (7) Technical capabilities of persons performing proposed work.
27           (c) The secretary may seek counsel from local government officials
28       prior to exempting activities from solid waste permitting requirements
29       under this section.
30           Sec. 2. K.S.A. 1997 Supp. 65-3407c is hereby repealed.
31           Sec. 3. This act shall take effect and be in force from and after its
32       publication in the statute book.