Session of 2000
By Representative P. Long (By Request)

  9             AN  ACT concerning solid waste; relating to the disposal thereof; amend-
10             ing K.S.A. 1999 Supp. 65-3402 and 65-3409 and repealing the existing
11             sections.
13       Be it enacted by the Legislature of the State of Kansas:
14             Section  1. K.S.A. 1999 Supp. 65-3402 is hereby amended to read as
15       follows: 65-3402. As used in this act, unless the context otherwise
16       requires:
17             (a) "Solid waste" means garbage, refuse and other discarded mate-
18       rials including, but not limited to, solid, semisolid, sludges, liquid and
19       contained gaseous waste materials resulting from industrial, commercial,
20       agricultural and domestic activities. Solid waste does not include hazard-
21       ous wastes as defined by subsection (f) of K.S.A. 65-3430, and amend-
22       ments thereto, recyclables or the waste of domestic animals as described
23       by subsection (a)(1) of K.S.A. 65-3409, and amendments thereto.
24             (b) "Solid waste management system" means the entire process of
25       storage, collection, transportation, processing, and disposal of solid wastes
26       by any person engaging in such process as a business, or by any state
27       agency, city, authority, county or any combination thereof.
28             (c) "Solid waste processing facility" means incinerator, composting
29       facility, household hazardous waste facility, waste-to-energy facility, trans-
30       fer station, reclamation facility or any other location where solid wastes
31       are consolidated, temporarily stored, salvaged or otherwise processed
32       prior to being transported to a final disposal site. This term does not
33       include a scrap material recycling and processing facility.
34             (d) "Solid waste disposal area" means any area used for the disposal
35       of solid waste from more than one residential premises, or one or more
36       commercial, industrial, manufacturing or municipal operations.
37             (e) "Person" means individual, partnership, firm, trust, company, as-
38       sociation, corporation, individual or individuals having controlling or ma-
39       jority interest in a corporation, institution, political subdivision, state
40       agency or federal department or agency.
41             (f) "Waters of the state" means all streams and springs, and all bodies
42       of surface or groundwater, whether natural or artificial, within the bound-
43       aries of the state.


  1             (g) "Secretary" means the secretary of health and environment.
  2             (h) "Department" means the Kansas department of health and
  3       environment.
  4             (i) "Disposal" means the discharge, deposit, injection, dumping, spill-
  5       ing, leaking or placing of any solid waste into or on any land or water so
  6       that such solid waste or any constituent thereof may enter the environ-
  7       ment or be emitted into the air or discharged into any water.
  8             (j) "Open dumping" means the disposal of solid waste at any solid
  9       waste disposal area or facility which is not permitted by the secretary
10       under the authority of K.S.A. 65-3407, and amendments thereto, or the
11       disposal of solid waste contrary to rules and regulations adopted pursuant
12       to K.S.A. 65-3406, and amendments thereto.
13             (k) "Generator" means any person who produces or brings into ex-
14       istence solid waste.
15             (l) "Monitoring" means all procedures used to (1) systematically in-
16       spect and collect data on the operational parameters of a facility, an area
17       or a transporter, or (2) to systematically collect and analyze data on the
18       quality of the air, groundwater, surface water or soils on or in the vicinity
19       of a solid waste processing facility or solid waste disposal area.
20             (m) "Closure" means the permanent cessation of active disposal op-
21       erations, abandonment of the disposal area, revocation of the permit or
22       filling with waste of all areas and volume specified in the permit and
23       preparing the area for the long-term care.
24             (n) "Postclosure" means that period of time subsequent to closure of
25       a solid waste disposal area when actions at the site must be performed.
26             (o) "Reclamation facility" means any location at which material con-
27       taining a component defined as a hazardous substance pursuant to K.S.A.
28       65-3452a and amendments thereto or as an industrial waste pursuant to
29       this section is processed.
30             (p) "Designated city" means a city or group of cities which, through
31       interlocal agreement with the county in which they are located, is dele-
32       gated the responsibility for preparation, adoption or implementation of
33       the county solid waste plan.
34             (q) "Nonhazardous special waste" means any solid waste designated
35       by the secretary as requiring extraordinary handling in a solid waste dis-
36       posal area.
37             (r) "Recyclables" means any materials that will be used or reused, or
38       prepared for use or reuse, as an ingredient in an industrial process to
39       make a product, or as an effective substitute for a commercial product.
40       "Recyclables" includes, but is not limited to, paper, glass, plastic, munic-
41       ipal water treatment residues, as defined by K.S.A. 65-163 and amend-
42       ments thereto, and metal, but does not include yard waste.
43             (s) "Scrap material processing industry" means any person who ac-


  1       cepts, processes and markets recyclables.
  2             (t) "Scrap material recycling and processing facility" means a fixed
  3       location that utilizes machinery and equipment for processing only
  4       recyclables.
  5             (u) "Construction and demolition waste" means solid waste resulting
  6       from the construction, remodeling, repair and demolition of structures,
  7       roads, sidewalks and utilities; untreated wood and untreated sawdust from
  8       any source; solid waste consisting of motor vehicle window glass; and solid
  9       waste consisting of vegetation from land clearing and grubbing, utility
10       maintenance, and seasonal or storm-related cleanup. Such wastes include,
11       but are not limited to, bricks, concrete and other masonry materials, roof-
12       ing materials, soil, rock, wood, wood products, wall or floor coverings,
13       plaster, drywall, plumbing fixtures, electrical wiring, electrical compo-
14       nents containing no hazardous materials, nonasbestos insulation and con-
15       struction related packaging. "Construction and demolition waste" shall
16       not include waste material containing friable asbestos, garbage, furniture,
17       appliances, electrical equipment containing hazardous materials, tires,
18       drums and containers even though such wastes resulted from construction
19       and demolition activities. Clean rubble that is mixed with other construc-
20       tion and demolition waste during demolition or transportation shall be
21       considered to be construction and demolition waste.
22             (v) "Construction and demolition landfill" means a permitted solid
23       waste disposal area used exclusively for the disposal on land of construc-
24       tion and demolition wastes. This term shall not include a site that is used
25       exclusively for the disposal of clean rubble.
26             (w) "Clean rubble" means inert uncontaminated construction and
27       demolition waste which includes concrete and concrete products, rein-
28       forcing steel, asphalt pavement, brick, soil or rock.
29             (x) "Industrial waste" means all solid waste resulting from manufac-
30       turing, commercial and industrial processes which is not suitable for dis-
31       charge to a sanitary sewer or treatment in a community sewage treatment
32       plant or is not beneficially used in a manner that meets the definition of
33       recyclables. Industrial waste includes, but is not limited to: Mining wastes
34       from extraction, beneficiation and processing of ores and minerals unless
35       those minerals are returned to the mine site; fly ash, bottom ash, slag and
36       flue gas emission wastes generated primarily from the combustion of coal
37       or other fossil fuels; cement kiln dust; waste oil and sludges; waste oil
38       filters; and fluorescent lamps.
39             (y) "Composting facility" means any facility that composts wastes and
40       has a composting area larger than one-half acre.
41             (z) "Household hazardous waste facility" means a facility established
42       for the purpose of collecting, accumulating and managing household haz-
43       ardous waste and may also include small quantity generator waste or ag-


  1       ricultural pesticide waste, or both. Household hazardous wastes are con-
  2       sumer products that when discarded exhibit hazardous characteristics.
  3             (aa) "Waste-to-energy facility" means a facility that processes solid
  4       waste to produce energy or fuel.
  5             (bb) "Transfer station" means any facility where solid wastes are
  6       transferred from one vehicle to another or where solid wastes are stored
  7       and consolidated before being transported elsewhere, but shall not in-
  8       clude a collection box provided for public use as a part of a county-op-
  9       erated solid waste management system if the box is not equipped with
10       compaction mechanisms or has a volume smaller than 20 cubic yards.
11             (cc) "Municipal solid waste landfill" means a solid waste disposal area
12       where residential waste is placed for disposal. A municipal solid waste
13       landfill also may receive other nonhazardous wastes, including commer-
14       cial solid waste, sludge and industrial solid waste.
15             (dd) "Construction related packaging" means small quantities of
16       packaging wastes that are generated in the construction, remodeling or
17       repair of structures and related appurtenances. "Construction related
18       packaging" does not include packaging wastes that are generated at retail
19       establishments selling construction materials, chemical containers gen-
20       erated from any source or packaging wastes generated during mainte-
21       nance of existing structures.
22             (ee) "Processing" means incineration, composting, baling or tempo-
23       rary storage or salvaging of solid waste prior to transportation to a final
24       disposal site.
25             New Sec.  2. (a) On and after January 1, 2001, no solid waste proc-
26       essing facility or solid waste disposal area shall engage in processing or
27       disposal of solid waste unless such solid waste first is inspected by an
28       agent or employee of the secretary prior to compression or baling of such
29       waste. Each solid waste disposal area located inside this state, and each
30       solid waste processing facility located inside or outside this state and proc-
31       essing solid waste for disposal in this state, shall have on the premises of
32       such area or facility, at all times that the area or facility is open for busi-
33       ness, an agent or employee of the secretary whose responsibility it is to
34       inspect solid waste as required by this subsection.
35             (b) The secretary may employ or designate such persons as necessary
36       to make inspections required by this section, including such persons as
37       necessary to inspect solid waste at locations outside this state before im-
38       portation of such waste into this state.
39             (c) The secretary may adopt such rules and regulations as necessary
40       to administer and enforce the provisions of this section.
41             New Sec.  3. (a) The secretary may fix, charge and collect annual fees
42       in amounts necessary to pay the direct and indirect costs of inspections
43       required by section 2 and amendments thereto. The secretary shall adopt


  1       rules and regulations fixing such fees and periodically shall increase or
  2       decrease such fees consistent with the need to cover the direct and in-
  3       direct costs of such inspections.
  4             (b) There is hereby established in the state treasury the solid waste
  5       inspection fee fund. Revenue from the following sources shall be depos-
  6       ited in the state treasury and credited to the fund:
  7             (1) Fees collected under subsection (a); and
  8             (2) interest attributable to investment of moneys in the fund.
  9             (c) Moneys deposited in the solid waste inspection fee fund shall be
10       expended only for the purpose of administering and enforcing the pro-
11       visions of section 2 and amendments thereto and for no other purposes.
12             (d) On or before the 10th day of each month, the director of accounts
13       and reports shall transfer from the state general fund to the solid waste
14       inspection fee fund the amount of money certified by the pooled money
15       investment board in accordance with this subsection. Prior to the 10th
16       day of each month, the pooled money investment board shall certify to
17       the director of accounts and reports the amount of money equal to the
18       proportionate amount of all the interest credited to the state general fund
19       for the preceding month, pursuant to K.S.A. 75-4210a and amendments
20       thereto, that is attributable to moneys in the solid waste inspection fee
21       fund. Such amount of money shall be determined by the pooled money
22       investment board based on: (1) The average daily balance of moneys in
23       the solid waste inspection fee fund during the preceding month as cer-
24       tified to the board by the director of accounts and reports; and (2) the
25       average interest rate on repurchase agreements of less than 30 days' du-
26       ration entered into by the pooled money investment board for that period.
27       On or before the fifth day of each month, the director of accounts and
28       reports shall certify to the pooled money investment board the average
29       daily balance of moneys in the solid waste inspection fee fund during the
30       preceding month.
31             (e) All expenditures from the solid waste inspection fee fund shall be
32       made in accordance with appropriation acts upon warrants of the director
33       of accounts and reports issued pursuant to vouchers approved by the
34       secretary for the purposes set forth in this section.
35             New Sec.  4. (a) The secretary shall require each person importing
36       solid waste into this state for processing or disposal in this state to file
37       with the secretary surety bond or other security in an amount and form
38       required by the secretary to assure compliance with all laws of this state
39       regarding solid waste and hazardous waste.
40             (b) The secretary shall require each person operating a solid waste
41       disposal area in this state to file with the secretary surety bond or other
42       security in an amount and form required by the secretary to assure po-
43       stclosure maintenance of such solid waste disposal area.


  1             Sec.  5. K.S.A. 1999 Supp. 65-3409 is hereby amended to read as
  2       follows: 65-3409. (a) It shall be unlawful for any person to:
  3             (1) Dispose of any solid waste by open dumping, but this provision
  4       shall not prohibit: (A) The use of solid wastes in normal farming opera-
  5       tions or in the processing or manufacturing of other products in a manner
  6       that will not create a public nuisance or adversely affect the public health;
  7       or (B) an individual from dumping or depositing solid wastes resulting
  8       from such individual's own residential or agricultural activities onto the
  9       surface of land owned or leased by such individual when such wastes do
10       not create a public nuisance or adversely affect the public health or the
11       environment; or (C) the operation of a composting facility.
12             (2) Except as otherwise provided by K.S.A. 1999 Supp. 65-3407c, and
13       amendments thereto, construct, alter or operate a solid waste storage,
14       processing or disposal facility or area of a solid waste management system
15       without a permit or be in violation of the rules and regulations, standards
16       or orders of the secretary.
17             (3) Violate any condition of any permit issued under K.S.A. 65-3407,
18       and amendments thereto.
19             (4) Conduct any solid waste burning operations in violation of the
20       provisions of the Kansas air quality act.
21             (5) Store, collect, transport, process, treat or dispose of solid waste
22       contrary to the rules and regulations, standards or orders of the secretary
23       or in such a manner as to create a public nuisance.
24             (6) Refuse or hinder entry, inspection, sampling and the examination
25       or copying of records related to the purposes of this act by an agent or
26       employee of the secretary after such agent or employee identifies and
27       gives notice of their purpose.
28             (7) Violate subsection (b) of K.S.A. 65-3424a, subsection (c) of K.S.A.
29       65-3424b or K.S.A. 65-3424i, and amendments thereto.
30             (8) On and after January 1, 2001, engage in processing of disposal of
31       any solid waste at a solid waste processing facility or solid waste disposal
32       area unless such waste has been inspected as required by section 2 and
33       amendments thereto.
34             (9) On and after January 1, 2001, fail to file with the secretary bond
35       or other security as required pursuant to section 4 and amendments
36       thereto.
37             (b) No person shall be held responsible for failure to secure a permit
38       under the provisions of this section for the dumping or depositing of any
39       solid waste on land owned or leased by such person without such person's
40       expressed or implied consent, permission or knowledge.
41             (c) Any person who violates any provision of subsection (a) shall be
42       guilty of a class A misdemeanor and, upon conviction thereof, shall be
43       punished as provided by law. 


  1       Sec.  6. K.S.A. 1999 Supp. 65-3402 and 65-3409 are hereby repealed.
  2        Sec.  7. This act shall take effect and be in force from and after its
  3       publication in the statute book.