HOUSE BILL No. 2703
An Act concerning solid waste; relating to
construction and demolition landfills;
amending K.S.A. 2001 Supp. 65-3402 and repealing the
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 2001 Supp.
65-3402 is hereby amended to read as
follows: 65-3402. As used in this act, unless the context otherwise
(a) ``Solid waste'' means garbage,
refuse, waste tires as defined by
K.S.A. 65-3424, and amendments thereto, and other discarded
including, but not limited to, solid, semisolid, sludges, liquid
tained gaseous waste materials resulting from industrial,
ricultural and domestic activities. Solid waste does not include
wastes as defined by subsection (f) of K.S.A. 65-3430, and
thereto, recyclables or the waste of domestic animals as described
subsection (a)(1) of K.S.A. 65-3409, and amendments thereto.
(b) ``Solid waste management system''
means the entire process of
storage, collection, transportation, processing, and disposal of
by any person engaging in such process as a business, or by any
agency, city, authority, county or any combination thereof.
(c) ``Solid waste processing facility''
means incinerator, composting
facility, household hazardous waste facility, waste-to-energy
fer station, reclamation facility or any other location where solid
are consolidated, temporarily stored, salvaged or otherwise
prior to being transported to a final disposal site. This term does
include a scrap material recycling and processing facility.
(d) ``Solid waste disposal area'' means
any area used for the disposal
of solid waste from more than one residential premises, or one or
commercial, industrial, manufacturing or municipal operations.
waste disposal area'' includes all property described or included
any permit issued pursuant to K.S.A. 65-3407, and amendments
(e) ``Person'' means individual,
partnership, firm, trust, company, as-
sociation, corporation, individual or individuals having
controlling or ma-
jority interest in a corporation, institution, political
agency or federal department or agency.
(f) ``Waters of the state'' means all
streams and springs, and all bodies
of surface or groundwater, whether natural or artificial, within
aries of the state.
(g) ``Secretary'' means the secretary of
health and environment.
(h) ``Department'' means the Kansas
department of health and en-
(i) ``Disposal'' means the discharge,
deposit, injection, dumping, spill-
ing, leaking or placing of any solid waste into or on any land or
that such solid waste or any constituent thereof may enter the
ment or be emitted into the air or discharged into any water.
(j) ``Open dumping'' means the disposal
of solid waste at any solid
waste disposal area or facility which is not permitted by the
under the authority of K.S.A. 65-3407, and amendments thereto, or
disposal of solid waste contrary to rules and regulations adopted
to K.S.A. 65-3406, and amendments thereto.
(k) ``Generator'' means any person who
produces or brings into ex-
istence solid waste.
(l) ``Monitoring'' means all procedures
used to (1) systematically in-
spect and collect data on the operational parameters of a facility,
or a transporter, or (2) to systematically collect and analyze data
quality of the air, groundwater, surface water or soils on or in
of a solid waste processing facility or solid waste disposal
(m) ``Closure'' means the permanent
cessation of active disposal op-
erations, abandonment of the disposal area, revocation of the
filling with waste of all areas and volume specified in the permit
preparing the area for the long-term care.
(n) ``Postclosure'' means that period of
time subsequent to closure of
a solid waste disposal area when actions at the site must be
(o) ``Reclamation facility'' means any
location at which material con-
taining a component defined as a hazardous substance pursuant to
65-3452a and amendments thereto or as an industrial waste pursuant
this section is processed.
(p) ``Designated city'' means a city or
group of cities which, through
interlocal agreement with the county in which they are located, is
gated the responsibility for preparation, adoption or
the county solid waste plan.
(q) ``Nonhazardous special waste'' means
any solid waste designated
by the secretary as requiring extraordinary handling in a solid
(r) ``Recyclables'' means any materials
that will be used or reused, or
prepared for use or reuse, as an ingredient in an industrial
make a product, or as an effective substitute for a commercial
``Recyclables'' includes, but is not limited to, paper, glass,
ipal water treatment residues, as defined by K.S.A. 65-163 and
ments thereto, and metal, but does not include yard waste.
(s) ``Scrap material processing
industry'' means any person who ac-
cepts, processes and markets recyclables.
(t) ``Scrap material recycling and
processing facility'' means a fixed
location that utilizes machinery and equipment for processing only
(u) ``Construction and demolition waste''
means solid waste resulting
from the construction, remodeling, repair and demolition of
roads, sidewalks and utilities; untreated wood and untreated
any source; treated wood from construction or demolition
amounts of municipal solid waste generated by the consumption of
and drinks at construction or demolition sites, including, but
to, cups, bags and bottles; furniture and appliances from which
depleting chlorofluorocarbons have been removed in accordance
provisions of the federal clean air act; solid waste
consisting of motor
vehicle window glass; and solid waste consisting of vegetation from
clearing and grubbing, utility maintenance, and seasonal or
cleanup. Such wastes include, but are not limited to, bricks,
other masonry materials, roofing materials, soil, rock, wood, wood
ucts, wall or floor coverings, plaster, drywall, plumbing fixtures,
wiring, electrical components containing no hazardous materials,
bestos insulation and construction related packaging.
demolition waste'' shall not include waste material containing
bestos, garbage, furniture
, appliances and
appliances from which ozone
depleting chlorofluorocarbons have not been removed in
the provisions of the federal clean air act, electrical
hazardous materials, tires, drums and containers even though such
resulted from construction and demolition activities. Clean rubble
mixed with other construction and demolition waste during
or transportation shall be considered to be construction and
(v) ``Construction and demolition
landfill'' means a permitted solid
waste disposal area used exclusively for the disposal on land of
tion and demolition wastes. This term shall not include a site that
exclusively for the disposal of clean rubble.
(w) ``Clean rubble'' means inert
uncontaminated construction and
demolition waste which includes concrete and concrete products,
forcing steel, asphalt pavement, brick, soil or rock.
(x) ``Industrial waste'' means all solid
waste resulting from manufac-
turing, commercial and industrial processes which is not suitable
charge to a sanitary sewer or treatment in a community sewage
plant or is not beneficially used in a manner that meets the
recyclables. Industrial waste includes, but is not limited to:
from extraction, beneficiation and processing of ores and minerals
those minerals are returned to the mine site; fly ash, bottom ash,
flue gas emission wastes generated primarily from the combustion of
or other fossil fuels; cement kiln dust; waste oil and sludges;
filters; and fluorescent lamps.
(y) ``Composting facility'' means any
facility that composts wastes and
has a composting area larger than one-half acre.
(z) ``Household hazardous waste
facility'' means a facility established
for the purpose of collecting, accumulating and managing household
ardous waste and may also include small quantity generator waste or
ricultural pesticide waste, or both. Household hazardous wastes are
sumer products that when discarded exhibit hazardous
(aa) ``Waste-to-energy facility'' means a
facility that processes solid
waste to produce energy or fuel.
(bb) ``Transfer station'' means any
facility where solid wastes are
transferred from one vehicle to another or where solid wastes are
and consolidated before being transported elsewhere, but shall not
clude a collection box provided for public use as a part of a
erated solid waste management system if the box is not equipped
compaction mechanisms or has a volume smaller than 20 cubic
(cc) ``Municipal solid waste landfill''
means a solid waste disposal area
where residential waste is placed for disposal. A municipal solid
landfill also may receive other nonhazardous wastes, including
cial solid waste, sludge and industrial solid waste.
(dd) ``Construction related packaging''
means small quantities of
packaging wastes that are generated in the construction, remodeling
repair of structures and related appurtenances. ``Construction
packaging'' does not include packaging wastes that are generated at
establishments selling construction materials, chemical containers
erated from any source or packaging wastes generated during
nance of existing structures.
Sec. 2. K.S.A. 2001 Supp. 65-3402 is hereby
Sec. 3. This act shall take effect and be in force
from and after its
publication in the statute book.
Approved May 16, 2002.