Session of 1999
Substitute for HOUSE BILL No. 2124
By Committee on Environment

  9             AN  ACT concerning solid waste; relating to certain materials; providing
10             for certain agreements; amending K.S.A. 1998 Supp. 65-3402 and 65-
11             3406 and repealing the existing sections.
13       Be it enacted by the Legislature of the State of Kansas:
14             Section  1. K.S.A. 1998 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.
44             (g) "Secretary" means the secretary of health and environment.
45             (h) "Department" means the Kansas department of health and
46       environment.
47             (i) "Disposal" means the discharge, deposit, injection, dumping, spill-
48       ing, leaking or placing of any solid waste into or on any land or water so
49       that such solid waste or any constituent thereof may enter the environ-
50       ment or be emitted into the air or discharged into any water.
51             (j) "Open dumping" means the disposal of solid waste at any solid
52       waste disposal area or facility which is not permitted by the secretary
53       under the authority of K.S.A. 65-3407, and amendments thereto, or the
54       disposal of solid waste contrary to rules and regulations adopted pursuant
55       to K.S.A. 65-3406, and amendments thereto.
56             (k) "Generator" means any person who produces or brings into ex-
57       istence solid waste.
58             (l) "Monitoring" means all procedures used to (1) systematically in-
59       spect and collect data on the operational parameters of a facility, an area
60       or a transporter, or (2) to systematically collect and analyze data on the
61       quality of the air, groundwater, surface water or soils on or in the vicinity
62       of a solid waste processing facility or solid waste disposal area.
63             (m) "Closure" means the permanent cessation of active disposal op-
64       erations, abandonment of the disposal area, revocation of the permit or
65       filling with waste of all areas and volume specified in the permit and
66       preparing the area for the long-term care.
67             (n) "Postclosure" means that period of time subsequent to closure of
68       a solid waste disposal area when actions at the site must be performed.
69             (o) "Reclamation facility" means any location at which material con-
70       taining a component defined as a hazardous substance pursuant to K.S.A.
71       65-3452a and amendments thereto or as an industrial waste pursuant to
72       this section is processed.
73             (p) "Designated city" means a city or group of cities which, through
74       interlocal agreement with the county in which they are located, is dele-
75       gated the responsibility for preparation, adoption or implementation of
76       the county solid waste plan.
77             (q) "Nonhazardous special waste" means any solid waste designated
78       by the secretary as requiring extraordinary handling in a solid waste dis-
79       posal area.
80             (r) "Recyclables" means any materials that will be used or reused, or
81       prepared for use or reuse, as an ingredient in an industrial process to
82       make a product, or as an effective substitute for a commercial product.
83       "Recyclables" includes, but is not limited to, paper, glass, plastic, munic-
84       ipal water treatment residues, as defined by K.S.A. 65-163 and amend-
85       ments thereto, and metal, but. "Recyclables" does not include: (1) Yard
86       waste; or (2) any outdoor accumulation of 500 or more used or discarded
87       drums having a capacity of 55 gallons or more, 1,000 or more used or
88       discarded railroad ties or 1,000 or more used or discarded pallets, unless
89       the owner of such drums, ties or pallets: (A) Was the original purchaser
90       of such drums, ties or pallets when they were new; or (B) demonstrates
91       to the department, in accordance with rules and regulations adopted by
92       the secretary, that such drums, ties or pallets are being sold, used or
93       otherwise moved off the premises at a rate, prescribed by rules and reg-
94       ulations adopted by the secretary, that indicates that such drums, ties or
95       pallets have market value.
96             (s) "Scrap material processing industry" means any person who ac-
97       cepts, processes and markets recyclables.
98             (t) "Scrap material recycling and processing facility" means a fixed
99       location that utilizes machinery and equipment for processing only
100       recyclables.
101             (u) "Construction and demolition waste" means solid waste resulting
102       from the construction, remodeling, repair and demolition of structures,
103       roads, sidewalks and utilities; untreated wood and untreated sawdust from
104       any source; solid waste consisting of motor vehicle window glass; and solid
105       waste consisting of vegetation from land clearing and grubbing, utility
106       maintenance, and seasonal or storm-related cleanup. Such wastes include,
107       but are not limited to, bricks, concrete and other masonry materials, roof-
108       ing materials, soil, rock, wood, wood products, wall or floor coverings,
109       plaster, drywall, plumbing fixtures, electrical wiring, electrical compo-
110       nents containing no hazardous materials, nonasbestos insulation and con-
111       struction related packaging. "Construction and demolition waste" shall
112       not include waste material containing friable asbestos, garbage, furniture,
113       appliances, electrical equipment containing hazardous materials, tires,
114       drums and containers even though such wastes resulted from construction
115       and demolition activities. Clean rubble that is mixed with other construc-
116       tion and demolition waste during demolition or transportation shall be
117       considered to be construction and demolition waste.
118             (v) "Construction and demolition landfill" means a permitted solid
119       waste disposal area used exclusively for the disposal on land of construc-
120       tion and demolition wastes. This term shall not include a site that is used
121       exclusively for the disposal of clean rubble.
122             (w) "Clean rubble" means inert uncontaminated construction and
123       demolition waste which includes concrete and concrete products, rein-
124       forcing steel, asphalt pavement, brick, soil or rock.
125             (x) "Industrial waste" means all solid waste resulting from manufac-
126       turing, commercial and industrial processes which is not suitable for dis-
127       charge to a sanitary sewer or treatment in a community sewage treatment
128       plant or is not beneficially used in a manner that meets the definition of
129       recyclables. Industrial waste includes, but is not limited to: Mining wastes
130       from extraction, beneficiation and processing of ores and minerals unless
131       those minerals are returned to the mine site; fly ash, bottom ash, slag and
132       flue gas emission wastes generated primarily from the combustion of coal
133       or other fossil fuels; cement kiln dust; waste oil and sludges; waste oil
134       filters; and fluorescent lamps.
135             (y) "Composting facility" means any facility that composts wastes and
136       has a composting area larger than one-half acre.
137             (z) "Household hazardous waste facility" means a facility established
138       for the purpose of collecting, accumulating and managing household haz-
139       ardous waste and may also include small quantity generator waste or ag-
140       ricultural pesticide waste, or both. Household hazardous wastes are con-
141       sumer products that when discarded exhibit hazardous characteristics.
142             (aa) "Waste-to-energy facility" means a facility that processes solid
143       waste to produce energy or fuel.
144             (bb) "Transfer station" means any facility where solid wastes are
145       transferred from one vehicle to another or where solid wastes are stored
146       and consolidated before being transported elsewhere, but shall not in-
147       clude a collection box provided for public use as a part of a county-op-
148       erated solid waste management system if the box is not equipped with
149       compaction mechanisms or has a volume smaller than 20 cubic yards.
150             (cc) "Municipal solid waste landfill" means a solid waste disposal area
151       where residential waste is placed for disposal. A municipal solid waste
152       landfill also may receive other nonhazardous wastes, including commer-
153       cial solid waste, sludge and industrial solid waste.
154             (dd) "Construction related packaging" means small quantities of
155       packaging wastes that are generated in the construction, remodeling or
156       repair of structures and related appurtenances. "Construction related
157       packaging" does not include packaging wastes that are generated at retail
158       establishments selling construction materials, chemical containers gen-
159       erated from any source or packaging wastes generated during mainte-
160       nance of existing structures.
161             Sec.  2. K.S.A. 1998 Supp. 65-3406 is hereby amended to read as
162       follows: 65-3406. (a) The secretary is authorized and directed to:
163             (1) Adopt such rules and regulations, standards and procedures rel-
164       ative to solid waste management as necessary to protect the public health
165       and environment, prevent public nuisances and enable the secretary to
166       carry out the purposes and provisions of this act.
167             (2) Report to the legislature on further assistance needed to admin-
168       ister the solid waste management program.
169             (3) Administer the solid waste management program pursuant to pro-
170       visions of this act.
171             (4) Cooperate with appropriate federal, state, interstate and local
172       units of government and with appropriate private organizations in carry-
173       ing out duties under this act.
174             (5) Develop a statewide solid waste management plan.
175             (6) Provide technical assistance, including the training of personnel
176       to cities, counties and other political subdivisions.
177             (7) Initiate, conduct and support research, demonstration projects
178       and investigations and coordinate all state agency research programs with
179       applicable federal programs pertaining to solid waste management
180       systems.
181             (8) Establish policies for effective solid waste management systems.
182             (9) Assist counties and groups of counties to establish and implement
183       solid waste planning and management.
184             (10) Authorize issuance of such permits and orders and conduct such
185       inspections as may be necessary to implement the provisions of this act
186       and the rules and regulations and standards adopted pursuant to this act.
187             (11) Conduct and contract for research and investigations in the over-
188       all area of solid waste storage, collection, transportation, processing, treat-
189       ment, recovery and disposal including, but not limited to, new and novel
190       procedures.
191             (12) Adopt rules and regulations for permitting of all solid waste dis-
192       posal areas, including those that are privately owned.
193             (13) Adopt rules and regulations establishing criteria for the location
194       of processing facilities and disposal areas for solid wastes.
195             (14) Adopt rules and regulations establishing appropriate measures
196       for monitoring solid waste disposal areas and processing facilities, both
197       during operation and after closure.
198             (15) Adopt rules and regulations requiring that, for such period of
199       time as the secretary shall specify, any assignment, sale, conveyance or
200       transfer of all or any part of the property upon which a permitted disposal
201       area for solid waste is or has been located shall be subject to such terms
202       and conditions as to the use of such property as the secretary shall specify
203       to protect human health and the environment.
204             (16) Adopt suitable measures, including rules and regulations if ap-
205       propriate, to encourage recovery and recycling of solid waste for reuse
206       whenever feasible.
207             (17) Adopt rules and regulations establishing standards for trans-
208       porters of solid waste.
209             (18) Adopt rules and regulations establishing minimum standards for
210       closing, termination, and long-term care of sites for the land disposal of
211       solid waste. In this subsection, "site" refers to a site for the land disposal
212       of solid waste which has a permit issued under K.S.A. 65-3407 and
213       amendments thereto. The owner of a site shall be responsible for the
214       long-term care of the site for 30 years after the closing of the site, except
215       the secretary may extend the long-term care responsibility of a particular
216       site or sites as the secretary deems necessary to protect the public health
217       and safety or the environment. Any person acquiring rights of ownership,
218       possession or operation in a permitted site or facility for the land disposal
219       of solid waste at any time after the site has begun to accept waste and
220       prior to closure shall be subject to all requirements of the permit for the
221       site or facility, including the requirements relating to long-term care of
222       the site or facility.
223             (19) Enter into cooperative agreements with the secretary of com-
224       merce for the development and implementation of statewide market de-
225       velopment for recyclable materials.
226             (20) Adopt rules and regulations for the management of nonhazar-
227       dous special wastes.
228             (21) Enter into a cooperative agreement with the secretary of trans-
229       portation delineating enforcement responsibilities related to the accu-
230       mulation of junk, as defined in the junkyard and salvage control act, and
231       other solid waste.
232             (b) In adopting rules and regulations, the secretary shall allow the
233       exemption contained in subsection (f)(1) of 40 CFR 258.1 (October 9,
234       1991), as amended and in effect on the effective date of this act.
235             (c)  (1) Any rules and regulations adopted by the secretary which es-
236       tablish standards for solid waste processing facilities or solid waste dis-
237       posal areas that are more stringent than the standards required by federal
238       law or applicable federal regulations on such date shall not become ef-
239       fective until 45 days after the beginning of the next ensuing session of
240       the legislature, which date shall be specifically provided in such rule and
241       regulation.
242             (2) The provisions of subsection (c)(1) shall not apply to rules and
243       regulations adopted before January 1, 1995, which establish standards for
244       location, design and operation of solid waste processing facilities and dis-
245       posal areas.
246             (d) Any solid waste disposal area which qualifies for the exemption
247       provided for by subsection (b) and which successfully demonstrates that
248       naturally occurring geological conditions provide sufficient protection
249       against groundwater contamination shall not be required to construct a
250       landfill liner or leachate collection system. The secretary shall adopt rules
251       and regulations which establish criteria for performing this demonstration
252       and standards for liner and leachate collection systems for exempt landfills
253       which fail the demonstration. Solid waste disposal areas which qualify for
254       the exemption provided for by subsection (b) may be designed with
255       trenches or units which have straight vertical walls. All solid waste disposal
256       areas which qualify for the exemption provided for by subsection (b) shall
257       be required to comply with all applicable rules and regulations adopted
258       by the secretary and approved by the U.S. environmental protection
259       agency, including location restrictions, operating requirements and clo-
260       sure standards for municipal solid waste landfills. Operating requirements
261       include, but are not limited to, hazardous waste screening, daily cover,
262       intermediate cover, disease vector control, gas monitoring and manage-
263       ment, air emissions, survey controls, compaction, recordkeeping and
264       groundwater monitoring.
265             The identification of groundwater contamination caused by disposal
266       activities at a solid waste disposal area which has qualified for the exemp-
267       tion provided for by subsection (b) shall result in:
268             (1) The loss of such exemption; and
269             (2) the application of all corrective action and design requirements
270       specified in federal laws and regulations, or in equivalent rules and reg-
271       ulations adopted by the secretary and approved by the U.S. environmental
272       protection agency, to such disposal area.
273             (e) The secretary may require a person who accumulates used or dis-
274       carded drums, railroad ties or pallets that are not recyclables to dispose
275       of such drums, ties or pallets as prescribed by the secretary. The secretary
276       shall give notice to the person that the accumulated materials are solid
277       waste and that they must be disposed of as directed by the secretary. If
278       the person refuses or is unable to dispose of the materials in a timely
279       manner in accordance with the direction of the secretary, the secretary
280       or an authorized representative of the secretary, at reasonable times and
281       upon written notice, may enter upon the premises where the materials
282       are stored to dispose of the materials. The secretary, in a civil action in
283       district court, may recover from the person who accumulated the non-
284       recyclable drums, ties or pallets all costs incurred by the department in
285       carrying out the disposal of the materials. The secretary shall remit to the
286       state treasurer any moneys recovered for costs incurred by the department
287       in carrying out disposal of the materials. Upon receipt thereof, the state
288       treasurer shall deposit the entire amount in the state treasury and credit
289       it to the solid waste management fund. 
290       Sec.  3. K.S.A. 1998 Supp. 65-3402 and 65-3406 are hereby repealed.
291        Sec.  4. This act shall take effect and be in force from and after its
292       publication in the statute book.