Session of 1999
By Committee on Environment

  9             AN  ACT concerning solid waste; authorizing disposal of certain wastes
10             without a permit; amending K.S.A. 1998 Supp. 65-3407c and repealing
11             the existing section.
13       Be it enacted by the Legislature of the State of Kansas:
14             Section  1. K.S.A. 1998 Supp. 65-3407c is hereby amended to read
15       as follows: 65-3407c. (a) The secretary may authorize persons to carry out
16       the following activities without a solid waste permit issued pursuant to
17       K.S.A. 65-3407, and amendments thereto:
18             (1) Dispose of solid waste at a site where the waste has been accu-
19       mulated or illegally dumped. Disposal of some or all such waste must be
20       identified as an integral part of a site cleanup and closure plan submitted
21       to the department by the person responsible for the site. No additional
22       waste may be brought to the site following the department's approval of
23       the site cleanup and closure plan.
24             (2) Perform temporary projects to remediate soils contaminated by
25       organic constituents capable of being reduced in concentration by biod-
26       egradation processes or volatilization, or both. Soil to be treated may be
27       generated on-site or off-site. A project operating plan and a site closure
28       plan must be submitted to the department as part of the project approval
29       process.
30             (3) Dispose of demolition waste resulting from demolition of an entire
31       building or structure if such waste is disposed of at the site where the
32       building or structure was located. Prior to the department's authorization,
33       written approval for the disposal must be obtained from the landowner
34       and the local governmental or zoning authority having jurisdiction over
35       the disposal site. The disposal area must be covered with a minimum of
36       two feet of soil and seeded, rocked or paved. The final grades for the
37       disposal site must be compatible with and not detract from the appearance
38       of adjacent properties.
39             (4) Dispose of solid waste generated as a result of a transportation
40       accident if such waste is disposed of on property adjacent to or near the
41       accident site. Prior to the department's authorization, written approval
42       for the disposal must be obtained from the landowner and the local gov-
43       ernmental or zoning authority having jurisdiction over the disposal site.
44       A closure plan must be submitted to the department as part of the au-
45       thorization process.
46             (5) Dispose of whole unprocessed livestock carcasses on property at,
47       adjacent or near where the animals died if: (A) Such animals died as a
48       result of a natural disaster or their presence has created an emergency
49       situation; and (B) proper procedures are followed to minimize threats to
50       human health and the environment.
51             (6) Dispose of solid waste resulting from natural disasters, such as
52       storms, tornadoes, floods and fires, or other such emergencies, when a
53       request for disposal is made by the local governmental authority having
54       jurisdiction over the area. Authorization shall be granted by the depart-
55       ment only when failure to act quickly could jeopardize human health or
56       the environment. The local governmental authority must agree to provide
57       proper closure and postclosure maintenance of the disposal site as a con-
58       dition of authorization.
59             (b) The secretary shall consider the following factors when determin-
60       ing eligibility for an exemption to the solid waste permitting requirements
61       under this section:
62             (1) Potential impacts to human health and the environment.
63             (2) Urgency to perform necessary work compared to typical permit-
64       ting timeframes.
65             (3) Costs and impacts of alternative waste handling methods.
66             (4) Local land use restrictions.
67             (5) Financial resources of responsible parties.
68             (6) Technical feasibility of proposed project.
69             (7) Technical capabilities of persons performing proposed work.
70             (c) The secretary may seek counsel from local government officials
71       prior to exempting activities from solid waste permitting requirements
72       under this section. 
73       Sec.  2. K.S.A. 1998 Supp. 65-3407c is hereby repealed.
74        Sec.  3. This act shall take effect and be in force from and after its
75       publication in the statute book.