Session of 1999
HOUSE BILL No. 2124
By Committee on Environment
9 AN ACT concerning solid waste; relating to certain accumulations of
10 used or discarded materials; prohibiting certain acts and prescribing
11 penalties for violations; amending K.S.A. 1998 Supp. 65-3402, 65-3406
12 and 65-3409 and repealing the existing sections.
14 Be it enacted by the Legislature of the State of Kansas:
15 Section 1. K.S.A. 1998 Supp. 65-3402 is hereby amended to read as
16 follows: 65-3402. As used in this act, unless the context otherwise
18 (a) "Solid waste" means garbage, refuse and other discarded mate-
19 rials including, but not limited to, solid, semisolid, sludges, liquid and
20 contained gaseous waste materials resulting from industrial, commercial,
21 agricultural and domestic activities. Solid waste does not include hazard-
22 ous wastes as defined by subsection (f) of K.S.A. 65-3430, and amend-
23 ments thereto, recyclables or the waste of domestic animals as described
24 by subsection (a)(1) of K.S.A. 65-3409, and amendments thereto.
25 (b) "Solid waste management system" means the entire process of
26 storage, collection, transportation, processing, and disposal of solid wastes
27 by any person engaging in such process as a business, or by any state
28 agency, city, authority, county or any combination thereof.
29 (c) "Solid waste processing facility" means incinerator, composting
30 facility, household hazardous waste facility, waste-to-energy facility, trans-
31 fer station, reclamation facility or any other location where solid wastes
32 are consolidated, temporarily stored, salvaged or otherwise processed
33 prior to being transported to a final disposal site. This term does not
34 include a scrap material recycling and processing facility.
35 (d) "Solid waste disposal area" means any area used for the disposal
36 of solid waste from more than one residential premises, or one or more
37 commercial, industrial, manufacturing or municipal operations.
38 (e) "Person" means individual, partnership, firm, trust, company, as-
39 sociation, corporation, individual or individuals having controlling or ma-
40 jority interest in a corporation, institution, political subdivision, state
41 agency or federal department or agency.
42 (f) "Waters of the state" means all streams and springs, and all bodies
43 of surface or groundwater, whether natural or artificial, within the bound-
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1 aries of the state.
2 (g) "Secretary" means the secretary of health and environment.
3 (h) "Department" means the Kansas department of health and
5 (i) "Disposal" means the discharge, deposit, injection, dumping, spill-
6 ing, leaking or placing of any solid waste into or on any land or water so
7 that such solid waste or any constituent thereof may enter the environ-
8 ment or be emitted into the air or discharged into any water.
9 (j) "Open dumping" means the disposal of solid waste at any solid
10 waste disposal area or facility which is not permitted by the secretary
11 under the authority of K.S.A. 65-3407, and amendments thereto, or the
12 disposal of solid waste contrary to rules and regulations adopted pursuant
13 to K.S.A. 65-3406, and amendments thereto.
14 (k) "Generator" means any person who produces or brings into ex-
15 istence solid waste.
16 (l) "Monitoring" means all procedures used to (1) systematically in-
17 spect and collect data on the operational parameters of a facility, an area
18 or a transporter, or (2) to systematically collect and analyze data on the
19 quality of the air, groundwater, surface water or soils on or in the vicinity
20 of a solid waste processing facility or solid waste disposal area.
21 (m) "Closure" means the permanent cessation of active disposal op-
22 erations, abandonment of the disposal area, revocation of the permit or
23 filling with waste of all areas and volume specified in the permit and
24 preparing the area for the long-term care.
25 (n) "Postclosure" means that period of time subsequent to closure of
26 a solid waste disposal area when actions at the site must be performed.
27 (o) "Reclamation facility" means any location at which material con-
28 taining a component defined as a hazardous substance pursuant to K.S.A.
29 65-3452a and amendments thereto or as an industrial waste pursuant to
30 this section is processed.
31 (p) "Designated city" means a city or group of cities which, through
32 interlocal agreement with the county in which they are located, is dele-
33 gated the responsibility for preparation, adoption or implementation of
34 the county solid waste plan.
35 (q) "Nonhazardous special waste" means any solid waste designated
36 by the secretary as requiring extraordinary handling in a solid waste dis-
37 posal area.
38 (r) "Recyclables" means any materials that will be used or reused, or
39 prepared for use or reuse, as an ingredient in an industrial process to
40 make a product, or as an effective substitute for a commercial product.
41 "Recyclables" includes, but is not limited to, paper, glass, plastic, munic-
42 ipal water treatment residues, as defined by K.S.A. 65-163 and amend-
43 ments thereto, and metal, but does not include yard waste.
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1 (s) "Scrap material processing industry" means any person who ac-
2 cepts, processes and markets recyclables.
3 (t) "Scrap material recycling and processing facility" means a fixed
4 location that utilizes machinery and equipment for processing only
6 (u) "Construction and demolition waste" means solid waste resulting
7 from the construction, remodeling, repair and demolition of structures,
8 roads, sidewalks and utilities; untreated wood and untreated sawdust from
9 any source; solid waste consisting of motor vehicle window glass; and solid
10 waste consisting of vegetation from land clearing and grubbing, utility
11 maintenance, and seasonal or storm-related cleanup. Such wastes include,
12 but are not limited to, bricks, concrete and other masonry materials, roof-
13 ing materials, soil, rock, wood, wood products, wall or floor coverings,
14 plaster, drywall, plumbing fixtures, electrical wiring, electrical compo-
15 nents containing no hazardous materials, nonasbestos insulation and con-
16 struction related packaging. "Construction and demolition waste" shall
17 not include waste material containing friable asbestos, garbage, furniture,
18 appliances, electrical equipment containing hazardous materials, tires,
19 drums and containers even though such wastes resulted from construction
20 and demolition activities. Clean rubble that is mixed with other construc-
21 tion and demolition waste during demolition or transportation shall be
22 considered to be construction and demolition waste.
23 (v) "Construction and demolition landfill" means a permitted solid
24 waste disposal area used exclusively for the disposal on land of construc-
25 tion and demolition wastes. This term shall not include a site that is used
26 exclusively for the disposal of clean rubble.
27 (w) "Clean rubble" means inert uncontaminated construction and
28 demolition waste which includes concrete and concrete products, rein-
29 forcing steel, asphalt pavement, brick, soil or rock.
30 (x) "Industrial waste" means all solid waste resulting from manufac-
31 turing, commercial and industrial processes which is not suitable for dis-
32 charge to a sanitary sewer or treatment in a community sewage treatment
33 plant or is not beneficially used in a manner that meets the definition of
34 recyclables. Industrial waste includes, but is not limited to: Mining wastes
35 from extraction, beneficiation and processing of ores and minerals unless
36 those minerals are returned to the mine site; fly ash, bottom ash, slag and
37 flue gas emission wastes generated primarily from the combustion of coal
38 or other fossil fuels; cement kiln dust; waste oil and sludges; waste oil
39 filters; and fluorescent lamps.
40 (y) "Composting facility" means any facility that composts wastes and
41 has a composting area larger than one-half acre.
42 (z) "Household hazardous waste facility" means a facility established
43 for the purpose of collecting, accumulating and managing household haz-
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1 ardous waste and may also include small quantity generator waste or ag-
2 ricultural pesticide waste, or both. Household hazardous wastes are con-
3 sumer products that when discarded exhibit hazardous characteristics.
4 (aa) "Waste-to-energy facility" means a facility that processes solid
5 waste to produce energy or fuel.
6 (bb) "Transfer station" means any facility where solid wastes are
7 transferred from one vehicle to another or where solid wastes are stored
8 and consolidated before being transported elsewhere, but shall not in-
9 clude a collection box provided for public use as a part of a county-op-
10 erated solid waste management system if the box is not equipped with
11 compaction mechanisms or has a volume smaller than 20 cubic yards.
12 (cc) "Municipal solid waste landfill" means a solid waste disposal area
13 where residential waste is placed for disposal. A municipal solid waste
14 landfill also may receive other nonhazardous wastes, including commer-
15 cial solid waste, sludge and industrial solid waste.
16 (dd) "Construction related packaging" means small quantities of
17 packaging wastes that are generated in the construction, remodeling or
18 repair of structures and related appurtenances. "Construction related
19 packaging" does not include packaging wastes that are generated at retail
20 establishments selling construction materials, chemical containers gen-
21 erated from any source or packaging wastes generated during mainte-
22 nance of existing structures.
23 (ee) "Speculative outdoor accumulation" means accumulation or stor-
24 age, at outdoor sites, of materials for the purpose of selling them at a
25 profit in the future. "Speculative outdoor accumulation" does not include
26 accumulation or storage of materials that, as determined in accordance
27 with rules and regulations of the secretary, have market value, have a
28 beneficial use to the person accumulating them or are accumulated on the
29 premises of a business that uses them in the ordinary course of business.
30 Sec. 2. K.S.A. 1998 Supp. 65-3406 is hereby amended to read as
31 follows: 65-3406. (a) The secretary is authorized and directed to:
32 (1) Adopt such rules and regulations, standards and procedures rel-
33 ative to solid waste management as necessary to protect the public health
34 and environment, prevent public nuisances and enable the secretary to
35 carry out the purposes and provisions of this act.
36 (2) Report to the legislature on further assistance needed to admin-
37 ister the solid waste management program.
38 (3) Administer the solid waste management program pursuant to pro-
39 visions of this act.
40 (4) Cooperate with appropriate federal, state, interstate and local
41 units of government and with appropriate private organizations in carry-
42 ing out duties under this act.
43 (5) Develop a statewide solid waste management plan.
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1 (6) Provide technical assistance, including the training of personnel
2 to cities, counties and other political subdivisions.
3 (7) Initiate, conduct and support research, demonstration projects
4 and investigations and coordinate all state agency research programs with
5 applicable federal programs pertaining to solid waste management
7 (8) Establish policies for effective solid waste management systems.
8 (9) Assist counties and groups of counties to establish and implement
9 solid waste planning and management.
10 (10) Authorize issuance of such permits and orders and conduct such
11 inspections as may be necessary to implement the provisions of this act
12 and the rules and regulations and standards adopted pursuant to this act.
13 (11) Conduct and contract for research and investigations in the over-
14 all area of solid waste storage, collection, transportation, processing, treat-
15 ment, recovery and disposal including, but not limited to, new and novel
17 (12) Adopt rules and regulations for permitting of all solid waste dis-
18 posal areas, including those that are privately owned.
19 (13) Adopt rules and regulations establishing criteria for the location
20 of processing facilities and disposal areas for solid wastes.
21 (14) Adopt rules and regulations establishing appropriate measures
22 for monitoring solid waste disposal areas and processing facilities, both
23 during operation and after closure.
24 (15) Adopt rules and regulations requiring that, for such period of
25 time as the secretary shall specify, any assignment, sale, conveyance or
26 transfer of all or any part of the property upon which a permitted disposal
27 area for solid waste is or has been located shall be subject to such terms
28 and conditions as to the use of such property as the secretary shall specify
29 to protect human health and the environment.
30 (16) Adopt suitable measures, including rules and regulations if ap-
31 propriate, to encourage recovery and recycling of solid waste for reuse
32 whenever feasible.
33 (17) Adopt rules and regulations establishing standards for trans-
34 porters of solid waste.
35 (18) Adopt rules and regulations establishing minimum standards for
36 closing, termination, and long-term care of sites for the land disposal of
37 solid waste. In this subsection, "site" refers to a site for the land disposal
38 of solid waste which has a permit issued under K.S.A. 65-3407 and
39 amendments thereto. The owner of a site shall be responsible for the
40 long-term care of the site for 30 years after the closing of the site, except
41 the secretary may extend the long-term care responsibility of a particular
42 site or sites as the secretary deems necessary to protect the public health
43 and safety or the environment. Any person acquiring rights of ownership,
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1 possession or operation in a permitted site or facility for the land disposal
2 of solid waste at any time after the site has begun to accept waste and
3 prior to closure shall be subject to all requirements of the permit for the
4 site or facility, including the requirements relating to long-term care of
5 the site or facility.
6 (19) Enter into cooperative agreements with the secretary of com-
7 merce for the development and implementation of statewide market de-
8 velopment for recyclable materials.
9 (20) Adopt rules and regulations for the management of nonhazar-
10 dous special wastes.
11 (21) Adopt rules and regulations governing speculative outdoor ac-
12 cumulation of used or discarded pallets, used or discarded railroad ties
13 or other used or discarded materials that create or may create a hazard
14 to the public health or welfare.
15 (b) In adopting rules and regulations, the secretary shall allow the
16 exemption contained in subsection (f)(1) of 40 CFR 258.1 (October 9,
17 1991), as amended and in effect on the effective date of this act.
18 (c) (1) Any rules and regulations adopted by the secretary which es-
19 tablish standards for solid waste processing facilities or solid waste dis-
20 posal areas that are more stringent than the standards required by federal
21 law or applicable federal regulations on such date shall not become ef-
22 fective until 45 days after the beginning of the next ensuing session of
23 the legislature, which date shall be specifically provided in such rule and
25 (2) The provisions of subsection (c)(1) shall not apply to rules and
26 regulations adopted before January 1, 1995, which establish standards for
27 location, design and operation of solid waste processing facilities and dis-
28 posal areas.
29 (d) Any solid waste disposal area which qualifies for the exemption
30 provided for by subsection (b) and which successfully demonstrates that
31 naturally occurring geological conditions provide sufficient protection
32 against groundwater contamination shall not be required to construct a
33 landfill liner or leachate collection system. The secretary shall adopt rules
34 and regulations which establish criteria for performing this demonstration
35 and standards for liner and leachate collection systems for exempt landfills
36 which fail the demonstration. Solid waste disposal areas which qualify for
37 the exemption provided for by subsection (b) may be designed with
38 trenches or units which have straight vertical walls. All solid waste disposal
39 areas which qualify for the exemption provided for by subsection (b) shall
40 be required to comply with all applicable rules and regulations adopted
41 by the secretary and approved by the U.S. environmental protection
42 agency, including location restrictions, operating requirements and clo-
43 sure standards for municipal solid waste landfills. Operating requirements
HB 2124 7
1 include, but are not limited to, hazardous waste screening, daily cover,
2 intermediate cover, disease vector control, gas monitoring and manage-
3 ment, air emissions, survey controls, compaction, recordkeeping and
4 groundwater monitoring.
5 The identification of groundwater contamination caused by disposal
6 activities at a solid waste disposal area which has qualified for the exemp-
7 tion provided for by subsection (b) shall result in:
8 (1) The loss of such exemption; and
9 (2) the application of all corrective action and design requirements
10 specified in federal laws and regulations, or in equivalent rules and reg-
11 ulations adopted by the secretary and approved by the U.S. environmental
12 protection agency, to such disposal area.
13 Sec. 3. K.S.A. 1998 Supp. 65-3409 is hereby amended to read as
14 follows: 65-3409. (a) It shall be unlawful for any person to:
15 (1) Dispose of any solid waste by open dumping, but this provision
16 shall not prohibit: (A) The use of solid wastes in normal farming opera-
17 tions or in the processing or manufacturing of other products in a manner
18 that will not create a public nuisance or adversely affect the public health;
19 or (B) an individual from dumping or depositing solid wastes resulting
20 from such individual's own residential or agricultural activities onto the
21 surface of land owned or leased by such individual when such wastes do
22 not create a public nuisance or adversely affect the public health or the
24 (2) Except as otherwise provided by K.S.A. 1998 Supp. 65-3407c and
25 amendments thereto, construct, alter or operate a solid waste storage,
26 processing or disposal facility or area of a solid waste management system
27 without a permit or be in violation of the rules and regulations, standards
28 or orders of the secretary.
29 (3) Violate any condition of any permit issued under K.S.A. 65-3407,
30 and amendments thereto.
31 (4) Conduct any solid waste burning operations in violation of the
32 provisions of the Kansas air quality act.
33 (5) Store, collect, transport, process, treat or dispose of solid waste
34 contrary to the rules and regulations, standards or orders of the secretary
35 or in such a manner as to create a public nuisance.
36 (6) Refuse or hinder entry, inspection, sampling and the examination
37 or copying of records related to the purposes of this act by an agent or
38 employee of the secretary after such agent or employee identifies and
39 gives notice of their purpose.
40 (7) Violate subsection (b) of K.S.A. 65-3424a, subsection (c) of K.S.A.
41 65-3424b or K.S.A. 65-3424i, and amendments thereto.
42 (8) Engage in speculative outdoor accumulation of used or discarded
43 pallets, used or discarded railroad ties or other used or discarded mate-
HB 2124 8
1 rials that create or may create a hazard to the public health or welfare,
2 except in accordance with rules and regulations adopted by the secretary.
3 (b) No person shall be held responsible for failure to secure a permit
4 under the provisions of this section for the dumping or depositing of any
5 solid waste on land owned or leased by such person without such person's
6 expressed or implied consent, permission or knowledge.
7 (c) Any person who violates any provision of subsection (a) shall be
8 guilty of a class A misdemeanor and, upon conviction thereof, shall be
9 punished as provided by law.
10 Sec. 4. K.S.A. 1998 Supp. 65-3402, 65-3406 and 65-3409 are hereby
12 Sec. 5. This act shall take effect and be in force from and after its
13 publication in the statute book.