Session of 2000
By Committee on Environment

  9             AN  ACT concerning solid waste; concerning recycling; amending K.S.A.
10             1999 Supp. 65-3405 and repealing the existing section.
12       Be it enacted by the Legislature of the State of Kansas:
13             Section  1. K.S.A. 1999 Supp. 65-3405 is hereby amended to read as
14       follows: 65-3405. (a) Each county of this state, or a designated city, shall
15       submit to the secretary a workable plan for the management of solid waste
16       in such county. The plan developed by each county or designated city
17       shall be adopted by the governing body of such county or designated city
18       if so authorized. Two or more counties, by interlocal agreement entered
19       into pursuant to K.S.A. 12-2901 et seq., and amendments thereto, may
20       develop and adopt a regional plan in lieu of separate county plans. The
21       secretary shall not require the submission of county or regional plans
22       earlier than one year following completion and distribution of the state-
23       wide solid waste management plan provided for in subsection (a)(5) of
24       K.S.A. 65-3406, and amendments thereto. County and regional plans shall
25       be amended from time to time as changing conditions occur by filing
26       revisions with the secretary.
27             (b) There shall be established in each county or group of counties
28       cooperating in a regional plan a solid waste management committee. A
29       county by interlocal agreement may designate a city as the solid waste
30       management planning authority for the county. Subject to the require-
31       ments of this section, the membership of the committee, the terms of
32       committee members, the organization of the committee and selection of
33       its officers shall be determined by the county or counties by interlocal
34       agreement entered into pursuant to K.S.A. 12-2901 et seq., and amend-
35       ments thereto. The membership of the committee shall not exceed 30
36       members and shall include: (1) Representatives of incorporated cities
37       located in the county or counties, equal in number to five members rep-
38       resenting any cities of the first class, three members representing any
39       cities of the second class and one member representing any cities of the
40       third class; (2) one representative of unincorporated areas of the county
41       or counties; (3) representatives of the general public, citizen organiza-
42       tions, private industry, any private solid waste management industry op-
43       erating in the county or counties and any private recycling or scrap ma-


  1       terial processing industry operating in the county or counties; (4) the
  2       recycling coordinator, if any, of the county or counties; and (5) any other
  3       persons deemed appropriate by the county or counties or designated city
  4       or cities including, but not limited to, county commissioners, county en-
  5       gineers, county health officers and county planners. Members of the com-
  6       mittee shall be appointed by the board of county commissioners or gov-
  7       erning body of the designated city, or by agreement of the boards of
  8       county commissioners or governing bodies of the designated cities co-
  9       operating in the plan. Members appointed to represent cities shall be
10       nominated by the mayor of the city represented, or by agreement of all
11       mayors of the cities represented if more than one city of the class is
12       located in the county or counties. If the nominee is not appointed or
13       rejected within 30 days after nomination, the nominee shall be deemed
14       appointed.
15             (c) The solid waste management committee shall: (1) Be responsible
16       for the preparation of the solid waste management plan of the county or
17       group of counties participating in the committee; (2) review the plan at
18       least annually; (3) at least every five years hold a public hearing on the
19       plan and future goals of solid waste management in the county or group
20       of counties; and (4) notify the secretary that the committee has completed
21       the review or public hearing.
22             (d) Each county or group of counties is required to adopt and imple-
23       ment a solid waste management plan pursuant to this section and is re-
24       sponsible for continued and ongoing planning for systematic solid waste
25       management within the boundaries of such county or group of counties.
26       The solid waste management plan of each county or group of counties or
27       designated city or cities shall provide for a solid waste management system
28       plan to serve all generators of solid waste within the county or group of
29       counties.
30             (e) Every plan shall:
31             (1) Delineate areas within the jurisdiction of the political subdivision
32       or subdivisions where waste management systems are in existence and
33       areas where the solid waste management systems are planned to be avail-
34       able within a 10-year period.
35             (2) Conform to the rules and regulations, standards and procedures
36       adopted by the secretary for implementation of this act.
37             (3) Provide for solid waste management systems in a manner consis-
38       tent with the needs and plans of the whole area, and in a manner which
39       will not contribute to pollution of the waters or air of the state, nor con-
40       stitute a public nuisance and shall otherwise provide for the safe and
41       sanitary disposal of solid waste.
42             (4) Conform with existing comprehensive plans, population trend
43       projections, engineering and economics so as to delineate with practicable


  1       precision those portions of the area which may reasonably be expected
  2       to be served by a solid waste management system within the next 10 years.
  3             (5) Take into consideration existing acts and regulations affecting the
  4       development, use and protection of air, water or land resources.
  5             (6) Establish a time schedule and revenue schedule for the devel-
  6       opment, construction and operation of the planned solid waste manage-
  7       ment systems, together with the estimated cost thereof.
  8             (7) Describe the elements of the plan which will require public ed-
  9       ucation and include a plan for delivering such education.
10             (8) Include such other reasonable information as the secretary
11       requires.
12             (9) Establish a schedule for the reduction of waste volumes taking in
13       consideration the following: (A) Source reduction; (B) reuse, recycling,
14       composting; and (C) land disposal.
15             (10) Take into consideration the development of specific manage-
16       ment programs for certain wastes, including but not limited to lead acid
17       batteries, household hazardous wastes, small quantities of hazardous
18       waste, white goods containing chlorofluorocarbons, pesticides and pesti-
19       cide containers, motor oil and yard waste.
20             (11) Include, if the county for which the plan is adopted has a pop-
21       ulation of more than 80,000, goals to recycle at least 20% of solid waste
22       generated in 2002, at least 25% of solid waste generated in 2003 and at
23       least 30% of solid waste generated in 2004.
24             (f) The plan and any revision of the plan shall be reviewed by appro-
25       priate official planning agencies within the area covered by the plan for
26       consistency with programs of comprehensive planning for the area. All
27       such reviews shall be transmitted to the secretary with the proposed plan
28       or revision.
29             (g) The secretary is hereby authorized to approve or disapprove plans
30       for solid waste management systems, or revisions of such plans, submitted
31       in accordance with this act. If a plan or revision is disapproved, the sec-
32       retary shall furnish any and all reasons for such disapproval, and the
33       county or group of counties whose plan or revision is disapproved may
34       request a hearing before the secretary in accordance with K.S.A. 65-3412,
35       and amendments thereto.
36             (h) The secretary is authorized to provide technical assistance to
37       counties or designated cities in coordinating plans for solid waste man-
38       agement systems required by this act, including revisions of such plans.
39             (i) The secretary may recommend that two or more counties adopt,
40       submit and implement a regional plan rather than separate county plans.
41             (j) The secretary may institute appropriate action to compel submis-
42       sion of plans or plan revisions in accordance with this act and the rules
43       and regulations, standards and procedures of the secretary.


  1             (k) Upon approval of the secretary of a solid waste management plan,
  2       the county or designated city is authorized and directed to implement the
  3       provisions contained in the plan.
  4             (l) A county cooperating in a regional solid waste management plan
  5       may withdraw from such plan only:
  6             (1)  In accordance with the terms of the interlocal agreement
  7       adopting the old plan or upon revision or termination of such agreement
  8       to permit withdrawal; and
  9             (2) upon a determination by the secretary that the existing regional
10       solid waste management plan will not be significantly affected by the
11       withdrawal.
12             (m) On or before February 1 of each year, each county, designated
13       city or group of counties required to have a solid waste management plan
14       shall report to the secretary the types of materials recycled, together with
15       the volume of each type, during the preceding calendar year. The secre-
16       tary shall compile such reports and submit them to the house standing
17       committee on environment and the senate standing committee on energy
18       and natural resources on or before March 1 of the year when the reports
19       are filed. 
20       Sec.  2. K.S.A. 1999 Supp. 65-3405 is hereby repealed.
21        Sec.  3. This act shall take effect and be in force from and after its
22       publication in the statute book.