Session of 2000
By Committee on Federal and State Affairs

10             AN  ACT concerning hazardous waste; amending K.S.A. 65-3433, 65-
11             3439, 65-3445 and 65-3458 and K.S.A. 1999 Supp. 65-3430, 65-3431
12             and 65-3441 and repealing the existing sections.
14       Be it enacted by the Legislature of the State of Kansas:
15             Section  1. K.S.A. 1999 Supp. 65-3430 is hereby amended to read as
16       follows: 65-3430. As used in K.S.A. 65-3430 to 65-3447, and amendments
17       thereto:
18             (a) ``Department'' means the Kansas department of health and
19       environment.
20             (b) ``Disposal'' means the discharge, deposit, injection, dumping,
21       spilling, leaking or placing of any hazardous waste into or on any land or
22       water so that such hazardous waste or any constituent thereof may enter
23       the environment or be emitted into the air or discharged into any waters,
24       including groundwater.
25             (c) ``Facility'' means all contiguous land, structures and other appur-
26       tenances and improvements on the land utilized for the purpose of treat-
27       ing, storing, or disposing of hazardous waste. A facility may consist of
28       several treatment, storage, or disposal operational units.
29             (d) ``Generator'' means any person, by site, whose act or process pro-
30       duces hazardous waste or whose act first causes a hazardous waste to
31       become subject to regulation.
32             (e)  (1) ``Hazardous waste'' means any waste or combination of wastes
33       which, because of its quantity, concentration or physical, chemical, bio-
34       logical or infectious characteristics or as otherwise determined by the
35       secretary to cause,: (A) Causes or significantly contribute contributes to
36       an increase in mortality or an increase in serious irreversible or incapac-
37       itating reversible illness; or pose (B) poses a substantial present or poten-
38       tial hazard to human health or the environment when improperly treated,
39       stored, transported or disposed of or otherwise managed.
40             (2) Hazardous waste shall not include: (1) (A) Household waste; (2)
41       (B) agricultural waste returned to the soil as fertilizer; (3) (C) mining
42       waste and overburden from the extraction, beneficiation and processing
43       of ores and minerals, if returned to the mine site; (4) (D) drilling fluids,


  1       produced waters and other wastes associated with the exploration, de-
  2       velopment and production of crude oil, natural gas or geothermal energy;
  3       (5) (E) fly ash, bottom ash, slag and flue gas emission control wastes
  4       generated primarily from the combustion of coal or other fossil fuels; (6)
  5       (F) cement kiln dust; or (7) (G) materials listed in 40 CFR 261.4, as in
  6       effect on July 1, 1983, or any later version as established in rules and
  7       regulations adopted by the secretary.
  8             (f) ``Hazardous waste disposal facility'' means a facility or part of a
  9       facility: (1) At which hazardous waste is treated,; (2) at which hazardous
10       waste is stored; or (3) at which hazardous waste is disposed and at which
11       waste will remain after closure. Such term also shall mean ``Hazardous
12       waste facility'' includes a hazardous waste injection well.
13             (g) ``Hazardous waste management'' means the systematic control of
14       the collection, source separation, storage, transportation, processing,
15       treatment, recovery and disposal of hazardous waste.
16             (h) ``Hazardous waste transfer facility'' means any hazardous waste
17       transportation-related facility, other than the location of generation or of
18       final treatment or disposal, that, during the course of transportation,
19       serves as an area for the accumulation, consolidation, distribution or trans-
20       fer of hazardous waste shipments, including loading docks, parking areas,
21       rail spurs and other similar areas where shipments of hazardous waste are
22       held during the normal course of transportation. ``Hazardous waste trans-
23       fer facility'' does not include hazardous waste disposal facilities or per-
24       mitted household hazardous waste facilities.
25             (i) ``Manifest'' means the form prescribed by the secretary to be used
26       for identifying the quantity, composition, origin, routing and destination
27       of hazardous waste during its transportation from the point of generation
28       to the point of disposal, treatment or storage.
29             (j) ``Modification'' means the expansion or enlargement of a facility
30       beyond the boundaries established by an existing permit or any material
31       or substantial alteration or addition to an existing permitted facility which
32       would justify the application of permit conditions that would be materially
33       or substantially different from the conditions of the existing permit or are
34       absent from the existing permit.
35             (k) ``Monitoring'' means all procedures used to (1) systematically in-
36       spect and collect samples or require information and copy records or data
37       on the operational parameters of a facility, generator or a transporter; or
38       (2) to systematically collect and analyze data on the quality of the air,
39       groundwater, surface water or soil on or in the vicinity of a hazardous
40       waste generator, transporter or facility.
41             (l) ``Off-site facility'' means a facility where treatment, storage or dis-
42       posal activities are conducted by a person other than the hazardous waste
43       generator.


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


  1       intermediate which, if either met specifications, would have a generic
  2       name listed in 40 CFR 261.33(e), as in effect on July 1, 1984, or any later
  3       version as established in rules and regulations adopted by the secretary.
  4             (v) ``Underground injection'' means the subsurface emplacement of
  5       fluids through a well for which a permit has been issued by the secretary.
  6             (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             (x) ``Above ground storage'' means the placement of containerized
10       hazardous waste into an above ground structure for a temporary period
11       prior to the reuse or ultimate treatment or disposal of such waste.
12             (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             (z) ``Post-closure plan'' means the written document which identifies
21       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. 1999 Supp. 65-3431 is hereby amended to read as
26       follows: 65-3431. The secretary is authorized and directed to:
27             (a) Adopt such rules and regulations, standards and procedures rel-
28       ative to hazardous waste management as may be necessary to protect the
29       public health and environment and enable the secretary to carry out the
30       purposes and provisions of this act.
31             (b) Report to the legislature on further assistance needed to admin-
32       ister the hazardous waste management program.
33             (c) Administer the hazardous waste management program pursuant
34       to provisions of this act.
35             (d) Cooperate with appropriate federal, state, interstate and local
36       units of government and with appropriate private organizations in carry-
37       ing out the duties under this act.
38             (e) Develop a statewide hazardous waste management plan.
39             (f) Provide technical assistance, including the training of personnel,
40       to industry, local units of government and the hazardous waste manage-
41       ment industry to meet the requirements of this act.
42             (g) Initiate, conduct and support research, demonstration projects,
43       and investigations and coordinate all state agency research programs with


  1       applicable federal programs pertaining to hazardous waste management.
  2             (h) Establish policies for effective hazardous waste management.
  3             (i) Authorize issuance of such permits and orders, conduct inspec-
  4       tions and collect samples or require information and copy records or data
  5       as may be necessary to implement the provisions of this act and the rules
  6       and regulations and standards adopted pursuant to this act.
  7             (j) Conduct and contract for research and investigations in the overall
  8       area of hazardous waste storage, collection, transportation, treatment, re-
  9       covery and disposal including, but not limited to, new and novel
10       procedures.
11             (k) Adopt rules and regulations establishing criteria for identifying
12       the characteristics of hazardous waste and for listing hazardous waste.
13       The secretary shall prepare and keep current a listing of hazardous wastes
14       and set of characteristics based on the rules and regulations adopted pur-
15       suant to this subsection. The listing shall identify, but need not be inclu-
16       sive of, all the hazardous waste subject to the provisions of this act. The
17       criteria for identification and listing shall be consistent with the criteria
18       for identification and listing adopted by the administrator of the United
19       States environmental protection agency under the authority vested in the
20       administrator by the Resource Conservation and Recovery Act of 1976
21       (42 USC 6921) as amended by the Solid Waste Disposal Act of 1980 (P.L.
22       94-482, October 21, 1980), and as amended by the Hazardous and Solid
23       Waste Act of 1984 (P.L. 98-616, November 8, 1984).
24             (l) Adopt rules and regulations establishing: (1) Appropriate measures
25       for monitoring generators, transporters and facilities during operation,
26       during closure, and after closure of such facilities to insure compliance
27       with the rules and regulations adopted under this act and any permit
28       issued under this act; (2) procedures to suspend operation of such gen-
29       erators, transporters or facilities as may be required to protect the public
30       health and safety or the environment; and (3) appropriate measures to
31       insure that any use of a hazardous waste disposal facility after closure will
32       not endanger the public health or safety or the environment.
33             (m) Adopt rules and regulations establishing standards for hazardous
34       waste generators including, but not limited to, notification of hazardous
35       waste generation, reporting, recordkeeping, labeling, containerization,
36       source separation, storage, manifests, monitoring, sampling and analysis
37       and manner of filing notifications, reports and manifests.
38             (n) Adopt rules and regulations prescribing the form of the manifest
39       and requiring such manifest to accompany any hazardous waste collected,
40       transported, treated, recovered or disposed of, and prescribing the con-
41       tents of the manifest which shall include, but not be limited to, the quan-
42       tity and composition of the hazardous waste, generator, transporter, des-
43       tination, facility and the manner of signing and filing of the manifest and


  1       for the maintenance of records.
  2             (o) Adopt rules and regulations establishing standards for routes used
  3       for transporting hazardous waste within the state with the concurrence
  4       of the state corporation commission. Such standards shall be consistent
  5       with those of the United States department of transportation and the state
  6       corporation commission, with respect to transportation of hazardous ma-
  7       terials. Motor vehicles which are used for the transportation of hazardous
  8       waste in accordance with this act shall be exempt from the requirements
  9       of K.S.A. 66-1,108 et seq. and amendments thereto, and any rules and
10       regulations adopted thereunder pertaining to routes which shall be under
11       the jurisdiction of the secretary as provided in this act including any rules
12       and regulations adopted thereunder. Otherwise such motor vehicles shall
13       be subject to the requirements of K.S.A. 66-1,108 et seq. and amendments
14       thereto, and any rules and regulations adopted thereunder.
15             (p) Adopt rules and regulations establishing standards for transport-
16       ers of hazardous waste including, but not limited to, notification of haz-
17       ardous waste transport, manifests, labeling, recordkeeping and the filing
18       of reports.
19             (q) Adopt rules and regulations establishing standards and procedu-
20       res to protect public health and the environment from any release of
21       hazardous waste into the environment and to insure the prompt correc-
22       tion of any such release and damage resulting therefrom by the person
23       transporting, handling or managing such hazardous waste.
24             (r) Adopt rules and regulations requiring that, for such period of time
25       as the secretary shall specify, any assignment, sale, conveyance or transfer
26       of all or any part of the real property upon which a hazardous waste
27       treatment, storage or disposal facility is or has been located shall be sub-
28       ject to such terms and conditions as to the use of such property as the
29       secretary shall specify to protect human health and the environment.
30             (s) Adopt rules and regulations establishing a permit system which
31       includes standards for hazardous waste facilities and procedures for im-
32       plementation of a permit system for the construction, alteration, or op-
33       eration of a hazardous waste treatment, storage or disposal facility in-
34       cluding, but not limited to, content of applications, evidence of financial
35       responsibility, existing hydrogeological characteristics, environmental as-
36       sessment, training of personnel, maintenance of operations, qualifications
37       of ownership, continuity of operation, public notification and participation
38       and compliance with those standards established pursuant to subsection
39       (t).
40             (t) Adopt rules and regulations establishing minimum standards for
41       the design, location, construction, alteration, operation, termination, clos-
42       ing and long-term care of hazardous waste facilities for the treatment,
43       storage or disposal of hazardous waste, including, but not limited to, no-


  1       tification of hazardous waste treatment, storage or disposal, general fa-
  2       cility standards, contingency plans, emergency procedures, manifest sys-
  3       tem, recordkeeping, inspections, monitoring, reporting, closure and
  4       postclosure plans and financial requirements. The operator of the facility
  5       shall be responsible for long-term care of the facility for 30 years after
  6       closure of the facility except that the secretary may modify the long-term
  7       care requirements for any facility when all hazardous waste is removed
  8       from the facility at closure. The secretary may extend the long-term care
  9       responsibility of any operator of a facility as the secretary may deem nec-
10       essary to protect the public health and safety or the environment. Any
11       person acquiring rights of possession or operation of any hazardous waste
12       facility permitted by the secretary for the treatment, storage or disposal
13       of hazardous waste at any time after the facility has begun to accept waste
14       and prior to the end of the required period of long-term care shall be
15       subject to all of the requirements, terms and conditions of the permit for
16       the facility including all requirements relating to long-term care of the
17       facility. The sale or acquisition of a hazardous waste disposal facility dur-
18       ing the long-term care period shall be subject to the assignment of long-
19       term care responsibilities as determined by the secretary.
20             (u) Adopt rules and regulations establishing a schedule of annual fees
21       to be paid to the secretary by: (1) Persons owning or operating hazardous
22       waste treatment, storage or disposal facilities; (2) hazardous waste trans-
23       porters; or (3) hazardous waste generators producing or bringing into
24       existence hazardous waste in Kansas. The fees shall be for monitoring
25       facilities both during and after operation, for monitoring generators of
26       hazardous waste in Kansas and for monitoring the transportation of haz-
27       ardous wastes. The fees shall be sufficient to reimburse the cost of the
28       state in performing these monitoring responsibilities. The fee established
29       under this subsection for each hazardous waste facility shall not exceed
30       $50,000 annually. In setting fees, the secretary may exempt those fees
31       which would be payable by generators for hazardous waste which is
32       treated to recover substantial amounts of either energy or materials from
33       hazardous wastes. The secretary shall remit at least monthly any moneys
34       collected from such fees to the state treasurer. Upon receipt of any such
35       remittance, the state treasurer shall deposit the entire amount thereof in
36       the state treasury to the credit of the hazardous waste management fund
37       created by K.S.A. 1999 Supp. 65-3491 and amendments thereto.
38             (v)  (1) Adopt rules and regulations establishing a schedule of fees to
39       be paid to the secretary by applicants for permits to construct, modify or
40       operate a hazardous waste facility. The fees established under this sub-
41       section shall not exceed $175,000 for each application submitted. These
42       fees shall be based upon resources required to review the application, the
43       type of facility, quantity of waste processed, type of waste processed,


  1       degree of hazard and potential impact upon human health and
  2       environment.
  3             (2) The secretary shall remit at least monthly any money collected
  4       pursuant to this subsection to the state treasurer. Upon receipt of any
  5       such remittance, the state treasurer shall deposit the entire amount
  6       thereof in the state treasury to the credit of the hazardous waste man-
  7       agement fund created by K.S.A. 1999 Supp. 65-3491 and amendments
  8       thereto.
  9             (w)  (1) Adopt rules and regulations establishing a schedule of fees to
10       be paid to the secretary by off-site hazardous waste treatment and disposal
11       facilities at which hazardous waste is treated and off-site hazardous waste
12       facilities at which hazardous waste is disposed and will remain after clo-
13       sure. In establishing fees, the secretary shall give consideration to the
14       degree of hazard, energy content, quantity of waste, costs of treatment
15       or disposal, and estimated future receipts. Fees shall be in an amount not
16       to exceed $.01 per pound of hazardous waste treated, or burned for en-
17       ergy or material recovery. In no event shall the fees established under
18       this subsection exceed the following annual calendar year caps: $60,000
19       for a facility which burns hazardous waste for energy or material recovery
20       only; $200,000 for a facility which burns hazardous waste for treatment
21       or disposal only. Facilities which burn hazardous waste for: (i) (A) Energy
22       or material recovery; and (ii) (B) treatment or disposal shall be subject to
23       a total facility cap of $200,000, which includes a separate cap of $60,000
24       for hazardous wastes which are burned for energy or material recovery.
25       The secretary shall establish a differential fee schedule for hazardous
26       wastes based upon waste characteristics which is consistently applied to
27       all facilities which burn hazardous wastes. In all other cases, fees shall be
28       in an amount not to exceed $.05 per pound of hazardous waste disposed.
29             (2) The secretary shall remit at least monthly any money collected
30       pursuant to this subsection to the state treasurer. Upon receipt of any
31       such remittance, the state treasurer shall deposit the entire amount
32       thereof in the state treasury to the credit of the hazardous waste man-
33       agement fund created by K.S.A. 1999 Supp. 65-3491 and amendments
34       thereto, except that 25% of any such deposit shall be deposited to the
35       credit of the hazardous waste collection fund created by K.S.A. 65-3460
36       and amendments thereto.
37             (x) Encourage, coordinate or participate in one or more waste
38       exchange clearing houses for the purpose of promoting reuse and recy-
39       cling of industrial wastes.
40             (y) Adopt rules and regulations establishing the criteria to specify
41       when a change of principal owners or management of a hazardous waste
42       treatment, storage or disposal facility occurs and under what circum-
43       stances and procedures a new permit shall be required to be issued to


  1       the transferees of a facility which was permitted to the transferor.
  2             (z) Adopt rules and regulations concerning the generation, transpor-
  3       tation, storage, blending, marketing, burning and types of hazardous
  4       waste for which any method, technique or process to recover energy will
  5       be considered hazardous waste treatment. Such rules and regulations
  6       should specify a minimum heat value of the waste so as to ensure that a
  7       legitimate energy recovery will occur and should consider other charac-
  8       teristics of the waste which are appropriate to ensure that such method,
  9       technique or process for energy recovery will not pose a threat to the
10       public health or environment.
11             Sec.  3. K.S.A. 65-3433 is hereby amended to read as follows: 65-
12       3433. (a) After the effective date of this act, no person shall modify or
13       construct an off-site hazardous waste disposal facility without a permit
14       issued by the secretary under this act.
15             (b) Upon receipt of an application for a permit to construct a an off-
16       site hazardous waste facility which complies with the requirements of this
17       section, the secretary shall:
18             (1) Publish a notice once per week for three consecutive weeks in a
19       newspaper having major circulation in the county in which the facility is
20       proposed to be located. The required published notice shall contain a
21       map indicating the location of the proposed facility and shall contain a
22       description of the proposed action and the location where the permit
23       application and related documents may be reviewed and where copies
24       may be obtained. The notice shall describe the procedure by which the
25       permit may be granted. The secretary shall transmit a copy of the notice
26       to the clerk of any city which is located within three miles of the proposed
27       facility.
28             (2) Review the plans of the proposed facility to determine if the pro-
29       posed operation complies with this act and the rules and regulations
30       promulgated under this act. The review shall include but not be limited
31       to air quality, water quality, waste management and hydrogeology. If the
32       facility review, the plan review, and the application meet the requirements
33       of this act and the rules and regulations promulgated under this act, the
34       secretary shall approve construction or modification of the facility which
35       approval may contain conditions specifically applicable to the facility and
36       operation. An expansion, enlargement or modification of a facility beyond
37       the specified areas indicated in the existing permit constitutes a new pro-
38       posal for which a new construction permit application is required.
39             (c) The secretary shall approve or deny a construction permit appli-
40       cation within 240 days after the secretary receives an application meeting
41       the requirements of this section except such time period shall not apply
42       to an application for a license to be issued under the authority of K.S.A.
43       48-1607, and amendments thereto. If the secretary approves an applica-


  1       tion, the secretary immediately shall notify the applicant. If the secretary
  2       denies an application, the secretary shall notify the applicant in writing
  3       of the reasons for the denial. No local ordinance, permit or other require-
  4       ments may prohibit the construction or modification of such a facility or
  5       restrict transportation to the facility.
  6             Sec.  4. K.S.A. 65-3439 is hereby amended to read as follows: 65-
  7       3439. (a) Permits for hazardous waste treatment, storage and disposal
  8       facilities shall be issued for fixed terms not to exceed 10 years.
  9             (b) Plans, designs and relevant data for the construction of hazardous
10       waste treatment, storage and disposal facilities shall be prepared by a
11       professional engineer licensed to practice in Kansas and shall be submit-
12       ted to the department for approval prior to the construction, modification
13       or operation of such a facility. In adopting rules and regulations, the sec-
14       retary may specify sites, areas or facilities where the environmental impact
15       is minimal and may waive the requirement that plans and designs for on-
16       site storage or treatment facilities be prepared by a professional engineer.
17             (c) Each permit granted by the secretary, as provided in this act, shall
18       be subject to such conditions as the secretary deems necessary to protect
19       human health and the environment and to conserve the sites. Such con-
20       ditions shall include approval by the secretary of the types and quantities
21       of hazardous waste allowable for storage, treatment or disposal at the
22       permitted location and, in the case of underground injection wells, min-
23       imum pretreatment standards established by the secretary.
24             (d) The secretary shall not issue a permit for a hazardous waste un-
25       derground injection well unless such methodology is deemed the most
26       reasonable method of disposing of the hazardous waste after considering
27       the health and environmental effects, alternative treatment and disposal
28       technologies and economic impact relating to such well.
29             (e) Permits granted by the secretary, as provided in this act, shall be
30       revocable or subject to suspension whenever the secretary shall determine
31       that the hazardous waste treatment, storage or disposal for failure to pay
32       any fee as required by this act or if the secretary determines that:
33             (1) A hazardous waste facility is, or has been constructed or con-
34       ducted operated in violation of this act or the rules and regulations or
35       standards adopted pursuant to the act, or is creating a hazard to the public
36       health or safety or to the environment, or for failure to make payment of
37       any fee to any funds created under this act. The secretary also may revoke
38       or suspend a permit when the secretary determines that;
39             (2) the permittee has committed, or past or continuing violations
40       such that an original permit application would be denied under the pro-
41       visions of subsection (c)(3) of K.S.A. 65-3437, and amendments thereto;
42       or
43             (3) in the case of a corporate permittee, when the permittee or, any


  1       person who holds an interest in or exercises total or partial control of or
  2       does business with the permittee or a any principal of the corporation is
  3       the principal of another corporation which has committed past or contin-
  4       uing violations such that an original permit application would be denied
  5       under the provisions of paragraph (3) of subsection (c)(3) of K.S.A. 65-
  6       3437, and amendments thereto.
  7             (f) In case any permit is denied, suspended or revoked, any person
  8       aggrieved by such decision may request a hearing before the secretary in
  9       accordance with K.S.A. 65-3440, and amendments thereto.
10             Sec.  5. K.S.A. 1999 Supp. 65-3441 is hereby amended to read as
11       follows: 65-3441. (a) It shall be unlawful for any person to:
12             (1) Dump or deposit, or permit the dumping or depositing of, any
13       hazardous waste regulated by this act into any facility which does not
14       comply with the provisions of this act or rules or regulations, standards
15       or orders of the secretary, but this provision shall not prohibit: (A) The
16       use of hazardous wastes in normal farming operations or in the processing
17       or manufacturing of other products in a manner that will not adversely
18       affect the public health or environment,; or (B) a generator who peri-
19       odically produces a quantity of hazardous waste less than the quantity
20       regulated under subsection (k) of K.S.A. 65-3431, and amendments
21       thereto, from disposing such quantity of hazardous waste into a facility
22       approved by the department which has a permit issued under K.S.A. 65-
23       3407, and amendments thereto.
24             (2) Construct, modify or operate a hazardous waste storage, treat-
25       ment or disposal facility without a permit or other required written ap-
26       proval from the secretary or to be in violation of the rules and regulations,
27       standards or orders of the secretary.
28             (3) Violate any condition of any permit issued by the secretary.
29             (4) Store, collect, treat or dispose of hazardous waste contrary to the
30       rules and regulations, standards or orders of the secretary.
31             (5) Refuse or hinder entry, inspection, sampling and the examination
32       or copying of records related to the purposes of this act by an agent or
33       employee of the secretary after such agent or employee identifies and
34       gives notice of their purpose at any time.
35             (6) Knowingly make any false material statement or representation
36       in any application, label, manifest, record, report, permit or other docu-
37       ment filed, maintained or used for purposes of compliance with this act.
38             (7) Knowingly destroy, alter or conceal any record required to be
39       maintained under rules and regulations promulgated by the secretary pur-
40       suant to this act.
41             (8) Fail to designate on a manifest a facility which is authorized to
42       operate under the federal hazardous waste program or under a state haz-
43       ardous waste program which has received approval to operate in lieu of


  1       the federal hazardous waste program.
  2             (9) Transport hazardous waste to a facility which is not authorized to
  3       operate under the federal hazardous waste program or under a state haz-
  4       ardous waste program which has received approval to operate in lieu of
  5       the federal hazardous waste program.
  6             (10) Add, mix or blend any hazardous waste with fuel oil or any other
  7       fuel intended for use by residential consumers or sell such blended fuel
  8       to a residential consumer.
  9             (11) Transport and dispose of, or cause the transportation and dis-
10       position of, hazardous waste in a manner contrary to the rules and reg-
11       ulations, standards or orders of the secretary. It shall not constitute a
12       defense to the generator that the generator acted through an independent
13       contractor in the transportation or disposition of the hazardous waste.
14             (12) Operate a hazardous waste transfer facility at which hazardous
15       waste is transferred from one or more containers to one or more different
16       containers. The provisions of this subsection shall not apply to overpack-
17       ing of hazardous waste containers when the overpack containers are
18       marked with labels that contain all the information on the original labels.
19             (b) Any person who violates any provision of paragraphs (1) to (10),
20       inclusive, of subsection (a) shall be guilty of a class A nonperson misde-
21       meanor and, upon conviction thereof, shall be punished as provided by
22       law. Any person who violates any provision of paragraph (11) or (12) of
23       subsection (a) shall be guilty of a severity level 10, nonperson felony and,
24       upon conviction thereof, shall be punished as provided by law.
25             (c) Any person who knowingly violates any provisions of paragraphs
26       (1) to (12), inclusive, of subsection (a) shall be guilty of a severity level 6,
27       nonperson felony and, in the case of a continuing violation, every day
28       such violation continues shall be deemed a separate violation, and, upon
29       conviction thereof, shall be punished as provided by law.
30             (d) Any individual who violates any of the provisions of paragraphs
31       (1) to (12), inclusive, of subsection (a) shall be legally responsible to the
32       same extent as if such acts were in the individual's own name or on the
33       individual's own behalf.
34             (e) The county or district attorney of every county shall file appro-
35       priate actions for enforcement of this section upon request of the secre-
36       tary or upon the county or district attorney's own motion after consulta-
37       tion with the secretary.
38             (f) No person shall be held responsible for failure to secure a permit
39       under the provisions of this section for the dumping or depositing of any
40       hazardous waste on land owned or leased by such person without their
41       expressed or implied consent, permission or knowledge.
42             Sec.  6. K.S.A. 65-3445 is hereby amended to read as follows: 65-
43       3445. (a) Notwithstanding any other provision of this act, upon receipt of


  1       information that the storage, transportation, treatment or disposal of any
  2       hazardous waste may present a substantial hazard to the health of persons
  3       or to the environment or for a threatened or actual violation of this act
  4       or any rules or regulations adopted pursuant thereto or any orders issued
  5       pursuant thereto or any permit conditions required thereby, the secretary
  6       may take such action as may be necessary to protect the health of persons
  7       or the environment. The action the secretary may take shall include, but
  8       not be limited to:
  9             (1) Issuing an order directing the owner, generator, transporter or
10       operator of the storage, treatment or disposal hazardous waste facility or
11       site, or the custodian of the waste, which constitutes the hazard, to take
12       such steps as are necessary to prevent the act or eliminate the practice
13       which constitutes the hazard. The action may include, with respect to a
14       facility or site, permanent or temporary cessation of operation.
15             (2) Commencing an action to enjoin acts or practices specified in
16       subsection (a)(1) or requesting that the attorney general or appropriate
17       district or county attorney commence an action to enjoin those acts or
18       practices. Upon a showing by the secretary that a person has engaged in
19       those acts or practices, a permanent or temporary injunction, restraining
20       order or other order may be granted by any court of competent jurisdic-
21       tion. An action for injunction under this subsection (a)(2) shall have prec-
22       edence over other cases in respect to order of trial.
23             (3) Applying to the district court in the county in which an order of
24       the secretary under subsection (a)(1) will take effect, in whole or in part,
25       for an order of that court directing compliance with the order of the
26       secretary. Failure to obey the court order shall be punishable as contempt
27       of the court issuing the order. The application under this subsection (a)(3)
28       for a court order shall have precedence over other cases in respect to
29       order of trial.
30             (b) In any civil action brought pursuant to this section in which a
31       temporary restraining order, preliminary injunction or permanent in-
32       junction is sought, it shall not be necessary to allege or prove at any stage
33       of the proceeding that irreparable damage will occur should the tempo-
34       rary restraining order, preliminary injunction or permanent injunction not
35       be issued or that the remedy at law is inadequate, and the temporary
36       restraining order, preliminary injunction or permanent injunction shall
37       issue without such allegations and without such proof.
38             (c) Any order of the secretary pursuant to subsection (a)(1) is subject
39       to hearing and review in accordance with K.S.A. 65-3440 and amend-
40       ments thereto.
41             Sec.  7. K.S.A. 65-3458 is hereby amended to read as follows: 65-
42       3458. (a) The underground burial of hazardous waste produced by per-
43       sons generating quantities of such waste greater than those specified in


  1       K.S.A. 65-3451 and amendments thereto is prohibited except as provided
  2       by order of the secretary of health and environment issued pursuant to
  3       this act. Such prohibition shall not be construed as prohibiting mound
  4       landfill, aboveground storage, land treatment or underground injection
  5       of hazardous waste. Any existing hazardous waste disposal facility which
  6       utilizes underground burial shall cease such practice and, with the ap-
  7       proval of the secretary, shall implement closure and postclosure plans for
  8       all units of the facility in which hazardous wastes have been disposed of
  9       underground.
10             (b)  (1) The secretary shall decide whether or not an exception to the
11       prohibition against underground burial of hazardous waste shall be
12       granted for a particular hazardous waste. No decision to grant an excep-
13       tion shall be rendered unless it is demonstrated to the secretary that,
14       except for underground burial, no economically reasonable or technolog-
15       ically feasible methodology exists for the disposal of a particular hazardous
16       waste. The procedures for obtaining an exception to the prohibition
17       against underground burial of hazardous waste shall include a public hear-
18       ing conducted in accordance with the provisions of the Kansas adminis-
19       trative procedure act and such other procedures as are established and
20       prescribed by rules and regulations adopted by the secretary. Such rules
21       and regulations shall include requirements for the form and contents of
22       a petition desiring an exception.
23             (2) Within 90 days after submission of a petition desiring an excep-
24       tion, and if the secretary decides to grant an exception to the prohibition
25       against underground burial of hazardous waste, the secretary of health
26       and environment shall issue an order so providing. Any action by the
27       secretary pursuant to this section is subject to review in accordance with
28       the act for judicial review and civil enforcement of agency actions. 
29       Sec.  8. K.S.A. 65-3433, 65-3439, 65-3445 and 65-3458 and K.S.A.
30       1999 Supp. 65-3430, 65-3431 and 65-3441 are hereby repealed.
31        Sec.  9. This act shall take effect and be in force from and after its
32       publication in the statute book.