As Amended by House Committee
Session of 1999
By Joint Committee on Administrative Rules and Regulations

10             AN  ACT concerning hazardous waste; amending K.S.A. 65-3430 and
11             K.S.A. 1998 Supp. 65-3441 and repealing the existing sections.
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: 65-
15       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
17       environment.
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

HB 2264--Am.


  1       the combustion of coal or other fossil fuels; (6) cement kiln dust; or (7)
  2       materials listed in 40 CFR 261.4, as in effect on July 1, 1983, or any later
  3       version as established in rules and regulations adopted by the secretary.
  4             (f) "Hazardous waste disposal facility" means a facility or part of a
  5       facility at which hazardous waste is treated, stored or disposed and at
  6       which waste will remain after closure. Such term also shall mean a haz-
  7       ardous waste injection well.
  8             (g) "Hazardous waste management" means the systematic control of
  9       the collection, source separation, storage, transportation, processing,
10       treatment, recovery and disposal of hazardous waste.
11        (h) "Hazardous waste transfer facility" means any hazardous
12       waste transportation-related facility, other than the location of
13       generation or of final treatment or disposal, that, during the course
14       of transportation, serves as an area for the accumulation, consoli-
15       dation, distribution or transfer of hazardous waste shipments, in-
16       cluding loading docks, parking areas, rail spurs and other similar
17       areas where shipments of hazardous waste are held during the
18       normal course of transportation. "Hazardous waste transfer facil-
19       ity" does not include hazardous waste disposal facilities or per-
20       mitted household hazardous waste facilities.
21             (h) (i) "Manifest" means the form prescribed by the secretary to be
22       used for identifying the quantity, composition, origin, routing and desti-
23       nation of hazardous waste during its transportation from the point of
24       generation to the point of disposal, treatment or storage.
25             (i) (j) "Modification" means the expansion or enlargement of a facility
26       beyond the boundaries established by an existing permit or any material
27       or substantial alteration or addition to an existing permitted facility which
28       would justify the application of permit conditions that would be materially
29       or substantially different from the conditions of the existing permit or are
30       absent from the existing permit.
31             (j) (k) "Monitoring" means all procedures used to (1) systematically
32       inspect and collect samples or require information and copy records or
33       data on the operational parameters of a facility, generator or a transporter;
34       or (2) to systematically collect and analyze data on the quality of the air,
35       groundwater, surface water or soil on or in the vicinity of a hazardous
36       waste generator, transporter or facility.
37             (k) (l) "Off-site facility" means a facility where treatment, storage or
38       disposal activities are conducted by a person other than the hazardous
39       waste generator.
40             (l) (m) "On-site facility" means a facility which is solely owned and
41       operated by the generator exclusively for the treatment, storage or dis-
42       posal of wastes which have been generated on the contiguous property
43       and includes the same or geographically contiguous property which may

HB 2264--Am.


  1       be divided by public or private right-of-way, provided the entrance and
  2       exit between the properties is at a crossroads intersection and access is
  3       by crossing and not going along the right-of-way or noncontiguous prop-
  4       erties owned by the same person but connected by a right-of-way which
  5       the person controls and to which the public does not have access.
  6             (m) (n) "Permit" means the document issued to a person by the sec-
  7       retary which allows such person to construct and operate a hazardous
  8       waste treatment, storage or disposal facility in the state.
  9             (n) (o) "Person" means an individual, trust, firm, joint stock company,
10       federal agency, corporation, including a government corporation, part-
11       nership, state, municipality, commission, political subdivision of a state or
12       any interstate body.
13             (o) (p) "Secretary" means the secretary of the department of health
14       and environment.
15             (p) (q) "Storage" means the holding of hazardous waste for a tem-
16       porary period at the end of which the hazardous waste is treated, disposed
17       of or stored elsewhere.
18             (q) "Transfer station" means any facility or location where hazardous
19       wastes are transferred from one vehicle to another or where hazardous
20       wastes are stored and consolidated before being transported elsewhere.
21             (q) (r) "Transporter" means any person who is engaged in the off-
22       site transportation of hazardous waste by air, rail, land, highway or water.
23             (r) (s) "Treatment" means any method, technique, or process, in-
24       cluding neutralization, designed to change the physical, chemical or bi-
25       ological character or composition of any hazardous waste so as to neu-
26       tralize such waste or so as to recover energy or material resources from
27       the waste, to render such waste nonhazardous, or less hazardous, safer to
28       transport, store or dispose of or amenable for recovery, amenable for
29       storage or reduced in volume.
30             (s) (t) "Waste" means any garbage, refuse, sludge or other discarded
31       material which is abandoned or committed to treatment, storage or dis-
32       posal, including solid, liquid, semisolid, or contained gaseous materials
33       resulting from industrial, commercial, mining, community and agricul-
34       tural activities. Waste does not include solid or dissolved materials in
35       domestic sewage, in irrigation return flows, or solid or dissolved materials
36       or industrial discharges which are point sources subject to permits under
37       K.S.A. 65-165, and amendments thereto.
38             (t) (u) "Acutely hazardous waste" means a commercial chemical
39       product or manufacturing chemical intermediate having a generic name
40       listed in 40 CFR 261.33(e), as in effect on July 1, 1984, or any later version
41       as established in rules and regulations adopted by the secretary; or an off-
42       specification commercial chemical product or manufacturing chemical
43       intermediate which, if either met specifications, would have a generic

HB 2264--Am.


  1       name listed in 40 CFR 261.33(e), as in effect on July 1, 1984, or any later
  2       version as established in rules and regulations adopted by the secretary.
  3             (u) (v) "Underground injection" means the subsurface emplacement
  4       of fluids through a well for which a permit has been issued by the
  5       secretary.
  6             (v) (w) "Land treatment" means the practice of applying hazardous
  7       waste onto or incorporating hazardous waste into the soil surface so that
  8       it degrades or decomposes and renders the waste nonhazardous.
  9             (w) (x) "Above ground storage" means the placement of container-
10       ized hazardous waste into an above ground structure for a temporary
11       period prior to the reuse or ultimate treatment or disposal of such waste.
12             (x) (y) "Closure plan" means a written document which identifies the
13       procedures by which the owner or operator of a hazardous waste man-
14       agement facility will close such facility so as to control, minimize or elim-
15       inate, to the extent necessary to prevent a threat to human health and the
16       environment, post-closure escape of hazardous waste, hazardous waste
17       constituents, leachate, contaminated rainfall or waste decomposition
18       products to the ground, groundwater, surface waters or to the
19       atmosphere.
20             (y) (z) "Post-closure plan" means the written document which identi-
21       fies the procedures by which the owner or operator of a hazardous waste
22       management facility shall provide, for a minimum of 30 years, for ground-
23       water protection, site security and maintenance of cover and leachate
24       collection systems.
25             Sec.  2. K.S.A. 1998 Supp. 65-3441 is hereby amended to read as
26       follows: 65-3441. (a) It shall be unlawful for any person to: (1) Dump or
27       deposit, or permit the dumping or depositing of any hazardous waste
28       regulated by this act into any facility which does not comply with the
29       provisions of this act or rules or regulations, standards or orders of the
30       secretary, but this provision shall not prohibit: (A) The use of hazardous
31       wastes in normal farming operations or in the processing or manufactur-
32       ing of other products in a manner that will not adversely affect the public
33       health or environment, or (B) a generator who periodically produces a
34       quantity of hazardous waste less than the quantity regulated under sub-
35       section (k) of K.S.A. 65-3431, and amendments thereto, from disposing
36       such quantity of hazardous waste into a facility approved by the depart-
37       ment which has a permit issued under K.S.A. 65-3407, and amendments
38       thereto.
39             (2) Construct, modify or operate a hazardous waste storage, treat-
40       ment or disposal facility without a permit or other required written ap-
41       proval from the secretary or to be in violation of the rules and regulations,
42       standards or orders of the secretary.
43             (3) Violate any condition of any permit issued by the secretary.

HB 2264--Am.


  1             (4) Store, collect, treat or dispose of hazardous waste contrary to the
  2       rules and regulations, standards or orders of the secretary.
  3             (5) Refuse or hinder entry, inspection, sampling and the examination
  4       or copying of records related to the purposes of this act by an agent or
  5       employee of the secretary after such agent or employee identifies and
  6       gives notice of their purpose at any time.
  7             (6) Knowingly make any false material statement or representation
  8       in any application, label, manifest, record, report, permit or other docu-
  9       ment filed, maintained or used for purposes of compliance with this act.
10             (7) Knowingly destroy, alter or conceal any record required to be
11       maintained under rules and regulations promulgated by the secretary pur-
12       suant to this act.
13             (8) Fail to designate on a manifest a facility which is authorized to
14       operate under the federal hazardous waste program or under a state haz-
15       ardous waste program which has received approval to operate in lieu of
16       the federal hazardous waste program.
17             (9) Transport hazardous waste to a facility which is not authorized to
18       operate under the federal hazardous waste program or under a state haz-
19       ardous waste program which has received approval to operate in lieu of
20       the federal hazardous waste program.
21             (10) Add, mix or blend any hazardous waste with fuel oil or any other
22       fuel intended for use by residential consumers or sell such blended fuel
23       to a residential consumer.
24             (11) Transport and dispose of, or cause the transportation and dis-
25       position of, hazardous waste in a manner contrary to the rules and reg-
26       ulations, standards or orders of the secretary. It shall not constitute a
27       defense to the generator that the generator acted through an independent
28       contractor in the transportation or disposition of the hazardous waste.
29             (12) Operate a transfer station at which hazardous wastes are trans-
30       ferred from one vehicle to another. It shall not be a violation of this pro-
31       vision to transfer sealed containers of hazardous waste, properly prepared
32       in accordance with rules and regulations or orders of the secretary, from
33       one vehicle to another.
34        (12) Operate a hazardous waste transfer facility at which haz-
35       ardous waste is transferred from one or more containers to one or
36       more different containers. The provisions of this subsection shall
37       not apply to overpacking of hazardous waste containers when the
38       overpack containers are marked with labels that contain all the
39       information on the original labels.
40             (b) Any person who violates any provision of paragraphs (1) to (10),
41       inclusive, of subsection (a) shall be guilty of a class A nonperson misde-
42       meanor and, upon conviction thereof, shall be punished as provided by
43       law. Any person who violates any provision of paragraph (11) or (12) of

HB 2264--Am.


  1       subsection (a) shall be guilty of a severity level 10, nonperson felony and,
  2       upon conviction thereof, shall be punished as provided by law.
  3             (c) Any person who knowingly violates any provisions of paragraphs
  4       (1) to (11) (12), inclusive, of subsection (a) shall be guilty of a severity
  5       level 6, nonperson felony and, in the case of a continuing violation, every
  6       day such violation continues shall be deemed a separate violation, and,
  7       upon conviction thereof, shall be punished as provided by law.
  8             (d) Any individual who violates any of the provisions of paragraphs
  9       (1) to (11) (12), inclusive, of subsection (a) shall be legally responsible to
10       the same extent as if such acts were in the individual's own name or on
11       the individual's own behalf.
12             (e) The county or district attorney of every county shall file appro-
13       priate actions for enforcement of this section upon request of the secre-
14       tary or upon the county or district attorney's own motion after consulta-
15       tion with the secretary.
16             (f) No person shall be held responsible for failure to secure a permit
17       under the provisions of this section for the dumping or depositing of any
18       hazardous waste on land owned or leased by such person without their
19       expressed or implied consent, permission or knowledge. 
20       Sec.  3. K.S.A. 65-3430 and K.S.A. 1998 Supp. 65-3441 are hereby
21       repealed.
22        Sec.  4. This act shall take effect and be in force from and after its
23       publication in the statute book.