Session Law

Identifying Information:L. 2002 ch. 121
Other Identifying Information:2002 House Bill 2703
Tax Type:Other
Brief Description:An Act concerning solid waste; relating to construction and demolition landfills;amending K.S.A. 2001 Supp. 65-3402 and repealing the existing section.




An Act concerning solid waste; relating to construction and demolition landfills;

amending K.S.A. 2001 Supp. 65-3402 and repealing the existing section.

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 re-


(a) ``Solid waste'' means garbage, refuse, waste tires as defined by

K.S.A. 65-3424, and amendments thereto, and other discarded materials,

including, but not limited to, solid, semisolid, sludges, liquid and con-

tained gaseous waste materials resulting from industrial, commercial, ag-

ricultural and domestic activities. Solid waste does not include hazardous

wastes as defined by subsection (f) of K.S.A. 65-3430, and amendments

thereto, recyclables or the waste of domestic animals as described by

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 solid wastes

by any person engaging in such process as a business, or by any state

agency, city, authority, county or any combination thereof.

(c) ``Solid waste processing facility'' means incinerator, composting

facility, household hazardous waste facility, waste-to-energy facility, trans-

fer station, reclamation facility or any other location where solid wastes

are consolidated, temporarily stored, salvaged or otherwise processed

prior to being transported to a final disposal site. This term does not

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 more

commercial, industrial, manufacturing or municipal operations. ``Solid

waste disposal area'' includes all property described or included within

any permit issued pursuant to K.S.A. 65-3407, and amendments thereto.

(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 subdivision, state

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 the bound-

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 water so

that such solid waste or any constituent thereof may enter the environ-

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 secretary

under the authority of K.S.A. 65-3407, and amendments thereto, or the

disposal of solid waste contrary to rules and regulations adopted pursuant

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, an area

or a transporter, or (2) to systematically collect and analyze data on the

quality of the air, groundwater, surface water or soils on or in the vicinity

of a solid waste processing facility or solid waste disposal area.

(m) ``Closure'' means the permanent cessation of active disposal op-

erations, abandonment of the disposal area, revocation of the permit or

filling with waste of all areas and volume specified in the permit and

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 performed.

(o) ``Reclamation facility'' means any location at which material con-

taining a component defined as a hazardous substance pursuant to K.S.A.

65-3452a and amendments thereto or as an industrial waste pursuant to

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 dele-

gated the responsibility for preparation, adoption or implementation of

the county solid waste plan.

(q) ``Nonhazardous special waste'' means any solid waste designated

by the secretary as requiring extraordinary handling in a solid waste dis-

posal area.

(r) ``Recyclables'' means any materials that will be used or reused, or

prepared for use or reuse, as an ingredient in an industrial process to

make a product, or as an effective substitute for a commercial product.

``Recyclables'' includes, but is not limited to, paper, glass, plastic, munic-

ipal water treatment residues, as defined by K.S.A. 65-163 and amend-

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 re-


(u) ``Construction and demolition waste'' means solid waste resulting

from the construction, remodeling, repair and demolition of structures,

roads, sidewalks and utilities; untreated wood and untreated sawdust from

any source; treated wood from construction or demolition projects; small

amounts of municipal solid waste generated by the consumption of food

and drinks at construction or demolition sites, including, but not limited

to, cups, bags and bottles; furniture and appliances from which ozone

depleting chlorofluorocarbons have been removed in accordance with the

provisions of the federal clean air act; solid waste consisting of motor

vehicle window glass; and solid waste consisting of vegetation from land

clearing and grubbing, utility maintenance, and seasonal or storm-related

cleanup. Such wastes include, but are not limited to, bricks, concrete and

other masonry materials, roofing materials, soil, rock, wood, wood prod-

ucts, wall or floor coverings, plaster, drywall, plumbing fixtures, electrical

wiring, electrical components containing no hazardous materials, nonas-

bestos insulation and construction related packaging. ``Construction and

demolition waste'' shall not include waste material containing friable as-

bestos, garbage, furniture, appliances and appliances from which ozone

depleting chlorofluorocarbons have not been removed in accordance with

the provisions of the federal clean air act, electrical equipment containing

hazardous materials, tires, drums and containers even though such wastes

resulted from construction and demolition activities. Clean rubble that is

mixed with other construction and demolition waste during demolition

or transportation shall be considered to be construction and demolition


(v) ``Construction and demolition landfill'' means a permitted solid

waste disposal area used exclusively for the disposal on land of construc-

tion and demolition wastes. This term shall not include a site that is used

exclusively for the disposal of clean rubble.

(w) ``Clean rubble'' means inert uncontaminated construction and

demolition waste which includes concrete and concrete products, rein-

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 for dis-

charge to a sanitary sewer or treatment in a community sewage treatment

plant or is not beneficially used in a manner that meets the definition of

recyclables. Industrial waste includes, but is not limited to: Mining wastes

from extraction, beneficiation and processing of ores and minerals unless

those minerals are returned to the mine site; fly ash, bottom ash, slag and

flue gas emission wastes generated primarily from the combustion of coal

or other fossil fuels; cement kiln dust; waste oil and sludges; waste oil

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 haz-

ardous waste and may also include small quantity generator waste or ag-

ricultural pesticide waste, or both. Household hazardous wastes are con-

sumer products that when discarded exhibit hazardous characteristics.

(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 stored

and consolidated before being transported elsewhere, but shall not in-

clude a collection box provided for public use as a part of a county-op-

erated solid waste management system if the box is not equipped with

compaction mechanisms or has a volume smaller than 20 cubic yards.

(cc) ``Municipal solid waste landfill'' means a solid waste disposal area

where residential waste is placed for disposal. A municipal solid waste

landfill also may receive other nonhazardous wastes, including commer-

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 or

repair of structures and related appurtenances. ``Construction related

packaging'' does not include packaging wastes that are generated at retail

establishments selling construction materials, chemical containers gen-

erated from any source or packaging wastes generated during mainte-

nance of existing structures.

Sec. 2. K.S.A. 2001 Supp. 65-3402 is hereby repealed.

Sec. 3. This act shall take effect and be in force from and after its

publication in the statute book.

Approved May 16, 2002.


Date Composed: 10/10/2002 Date Modified: 10/10/2002