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
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
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
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
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
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
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.