As Amended by House Committee
Session of 2000
By Committee on Environment

11             AN  ACT concerning solid waste; relating to fees and charges for the
12             collection and disposal thereof; amending K.S.A. 65-3410 and repeal-
13             ing the existing section.
15       Be it enacted by the Legislature of the State of Kansas:
16             Section  1. K.S.A. 65-3410 is hereby amended to read as follows: 65-
17       3410. (a) Each city or county or combination of such cities and counties
18       may provide for the storage, collection, transportation, processing and
19       disposal of solid wastes and recyclables generated within its boundaries;
20       and. Such cities or counties shall have the power to purchase all necessary
21       equipment, acquire all necessary land, build any necessary buildings, in-
22       cinerators, transfer stations, or other structures, lease or otherwise ac-
23       quire the right to use land or equipment and to do all other things nec-
24       essary for a proper effective solid waste management system including
25       the levying of fees and charges upon persons receiving service. On or
26       before the first day of July of each calendar year, the board of county
27       commissioners of any county, may, by resolution, may establish a schedule
28       of fees to be imposed on real property within any county solid waste
29       service area,. Revenue from such fees to shall be used for the acquisition,
30       operation and maintenance of county waste disposal sites and/or for fi-
31       nancing waste collection, storage, processing, reclamation, recycling and
32       disposal services, where such services are provided. In establishing the
33       schedule of fees, the board of county commissioners shall classify the real
34       property within the county solid waste service area based upon the various
35       uses to which the real property is put, the volume of waste occurring from
36       the different land uses and any other factors that the board determines
37       would reasonably relate the waste disposal fee to the real property upon
38       which it would be imposed.
39             The board shall set a reasonable fee for each category established and
40       divide the real property within the county service areas according to cat-
41       egories and ownership. The board shall impose the appropriate fee upon
42       each division of land and provide for the billing and collection of such
43       fees. The fees may be established, billed, and collected on a monthly,


  1       quarterly or yearly basis. Fees collected on a yearly basis may be billed
  2       on the ad valorem tax statement or as otherwise provided by the
  3       board. Prior to the collection of any fees levied on real property by the
  4       board under this section, the board shall notify affected property owners
  5       by causing a copy of the schedule of fees to be mailed to each property
  6       owner to whom tax statements are mailed in accordance with K.S.A. 79-
  7       2001, or any and amendments thereto.
  8             Any fees authorized pursuant to this section which remain unpaid for
  9       a period of sixty (60) 60 or more days after the date upon which they
10       were billed may be collected thereafter by the county as provided herein.
11             (1) At least once a year, the board of county commissioners shall
12       cause to be prepared a report of delinquent fees. The board shall fix a
13       time, date, and place for hearing the report and any objections or protests
14       thereto.
15             (2) The board shall cause notice of the hearing to be mailed to the
16       property owners listed on the report not less than ten (10) 10 days prior
17       to the date of the hearing.
18             (3) At the hearing, the board shall hear any objections or protests of
19       property owners liable to be assessed for delinquent fees. The board may
20       make such revisions or corrections to the report as it deems just, after
21       which, by resolution, the report shall be confirmed.
22             (4) The delinquent fees set forth in the report as confirmed and any
23       administrative fee imposed pursuant to subsection (b) shall constitute as-
24       sessments against the respective parcels of land and are a lien on the
25       property for the amount of such delinquent fees. A certified copy of the
26       confirmed report shall be filed with the county clerk for the amounts of
27       the respective assessments against the respective parcels of land as they
28       appear on the current assessment roll. The lien created attaches upon
29       recordation, in the office of the county clerk of the county in which the
30       property is situated, of a certified copy of the resolution of confirmation.
31       The assessment may be collected at the same time and in the same man-
32       ner as ordinary county ad valorem property taxes are collected and shall
33       be subject to the same penalties and the same procedure and sale in case
34       of delinquency as provided for such taxes. All laws applicable to the levy,
35       collection, and enforcement of county ad valorem property taxes shall be
36       applicable to such assessment.
37             (b) Each city or county may impose an administrative fee in an
38       amount not to exceed $25 on any property for which the fees imposed
39       pursuant to subsection (a) which remain unpaid for a period of 60 days
40       or more after the date upon which such fees were billed. The adminis-
41       trative fee shall be imposed only once per delinquency and shall
42       be paid by the person or entity to whom the bill is sent.
43             (c) Any city collecting solid waste fees or charges may collect delin-


  1       quent fees or charges for garbage and trash storage, collection and dis-
  2       posal in the manner provided for counties.
  3             (b) (d) In carrying out its responsibilities, any such city or county may
  4       adopt ordinances, resolutions, regulations and standards for the storage,
  5       collection, transportation, processing and disposal of solid wastes and
  6       recyclables which shall be in conformity with the rules, regulations, stan-
  7       dards and procedures adopted by the secretary for the storage, collection,
  8       transportation, processing and disposal of solid wastes and recyclables.
  9             (c) (e) Cities or counties may contract with any person, city, county,
10       other political subdivision or state agency in this or other states to carry
11       out their responsibilities for the collection, transportation, processing and
12       disposal of solid wastes and recyclables
13       (f) This section is enabling legislation for the regulation of solid
14       waste and recycling and is not intended to prevent the enactment
15       and enforcement of additional laws on the same subject which are
16       not in conflict with the provisions of this section.
17             Sec.  2. K.S.A. 65-3410 is hereby repealed.
18        Sec.  3. This act shall take effect and be in force from and after its
19       publication in the statute book.