HOUSE BILL No. 2704
An Act concerning solid waste management planning; amending K.S.A. 2001
Supp. 65-3405 and repealing the existing section.
Section 1. K.S.A. 2001 Supp. 65-3405 is hereby amended to read as
follows: 65-3405. (a) Each county of this state, or a designated city, shall
submit to the secretary a workable plan for the management of solid waste
in such county. The plan developed by each county or designated city
shall be adopted by the governing body of such county or designated city
if so authorized. Two or more counties, by interlocal agreement entered
into pursuant to K.S.A. 12-2901 et seq., and amendments thereto, may
develop and adopt a regional plan in lieu of separate county plans. The
secretary shall not require the submission of county or regional plans
earlier than one year following completion and distribution of the state-
wide solid waste management plan provided for in subsection (a)(5) of
K.S.A. 65-3406, and amendments thereto. County and regional plans shall
be amended from time to time as changing conditions occur by filing
revisions with the secretary.
(b) There shall be established in each county or group of counties
cooperating in a regional plan a solid waste management committee. A
county by interlocal agreement may designate which cooperates in a re-
gional plan may establish its own county committee in addition to coop-
erating in the required regional committee. A county which does not co-
operate in a regional plan may designate, by interlocal agreement, a city
as the solid waste management planning authority for the county. Subject
to the requirements of this section, the membership of the committee,
the terms of committee members, the organization of the committee and
selection of its officers shall be determined by the county or counties by
interlocal agreement entered into pursuant to K.S.A. 12-2901 et seq., and
amendments thereto. The membership of the committee number of
members on the committee, whether an individual county committee or
a regional committee, shall be not fewer than five or a number equal to
the total number of counties cooperating in the regional plan, whichever
is more, and shall not exceed 30 members and. The membership shall
include: (1) Representatives of incorporated cities located in the county
or counties, equal in number to not to exceed five members representing
any cities of the first class, three members representing any cities of the
second class and one member representing any cities of the third class;
(2) one representative of unincorporated areas of the county or counties;
(3) representatives of the general public, citizen organizations, private
industry, any private solid waste management industry operating in the
county or counties and any private recycling or scrap material processing
industry operating in the county or counties; (4) the recycling coordinator,
if any, of the county or counties; and (5) any other persons deemed ap-
propriate by the county or counties or, designated city or cities groups of
counties, including, but not limited to, county commissioners, county en-
gineers, county health officers and county planners. Members of the com-
mittee shall be appointed by the board of county commissioners or gov-
erning body of the designated city, or by agreement of the boards of
county commissioners or governing bodies of the designated cities co-
operating in the plan. A county commissioner shall not be appointed to a
regional planning committee unless one or more other noncommissioners
also represent the commissioner's county on the committee. A regional
planning committee shall include at least one representative of each
county in the region. Persons appointed to an individual county planning
committee in a county covered by a regional plan may also serve on a
regional planning committee. Members appointed to represent cities shall
be nominated by the mayor of the city represented, or by agreement of
all mayors of the cities represented if more than one city of the class is
located in the county or counties. If the nominee is not appointed or
rejected within 30 days after nomination, the nominee shall be deemed
(c) The solid waste management committee, whether an individual
county committee or a regional committee, shall: (1) Be responsible for
the preparation of the solid waste management plan of the individual
county or group of counties participating in the committee; (2) review
the plan at least annually; (3) at least every five years hold a public hearing
on the plan and future goals of solid waste management in the county or
group of counties; and (4) notify the secretary that the committee has
completed the review or public hearing. and (3) provide to the county
commissioners of the individual county or group of counties served by the
plan a report containing the results of the annual plan reviews, including
recommendations for revisions to the plan. Annual plan reviews which
take place in years when county commissions are scheduled to carry out
five-year public hearings in accordance with subsection (d) shall compre-
hensively evaluate the adequacy of the plan with respect to all criteria
established by subsection (j). The responsibilities of a solid waste man-
agement committee established in a county which cooperates in a regional
plan are to be determined by the county commission of such county.
(d) Each county commission shall: (1) Review the county or regional
solid waste management plan, the annual review report and any proposed
revisions of the plan prepared by the solid waste management committee;
(2) adopt the solid waste management plan or proposed revisions to the
plan prepared by the solid waste management committee as submitted or
as revised by the county commission, except as provided by subsection (g)
for regional plans; (3) at least every five years hold a public hearing on
the county or regional solid waste management plan, including a review
of projected solid waste management practices and needs for a 10-year
planning period; (4) notify the department that the solid waste manage-
ment committee has completed each annual review and each five-year
public hearing and that the commission has adopted the plan or review,
except as provided in subsection (g) for regional plans; (5) submit with
the annual notification a list of solid waste management committee mem-
bers representing the county on an individual county committee or a re-
gional committee; and (6) review permit applications for solid waste proc-
essing facilities and solid waste disposal areas submitted to the department
pursuant to K.S.A. 65-3407, and amendments thereto, to determine con-
sistency of the proposed facility with the county or regional plan and to
certify that the area is properly zoned or compatible with surrounding
land uses. County commissions may utilize the annual plan review reports
prepared by solid waste management committees as the basis for the re-
quired five-year public hearings.
(e) The county commission of each county which has completed an
individual county solid waste plan shall convene an annual meeting of the
county solid waste management committee to review the plan. If a quorum
of the solid waste management committee is not present, the county com-
mission may independently complete the annual review required in sub-
(f) The county commission of a county which has completed an in-
dividual county solid waste management plan may choose to revise its
plan at a time which does not coincide with a scheduled annual review
by the county solid waste management committee. In such a case, the
county commission shall convene a meeting of the solid waste management
committee to review the commission's proposed changes and obtain com-
mittee comments and recommendations for plan revision. If a quorum of
the solid waste management committee is not present, the county com-
mission may independently revise and adopt the county solid waste man-
agement plan. The aforementioned meeting shall include an opportunity
for public input.
(g) A regional solid waste management committee shall meet annually
to review the regional solid waste management plan. The recommenda-
tions of the regional committee shall be distributed to the county com-
missioners of each county cooperating in the regional plan. Each county
commission shall either: (1) Adopt the regional committee report, includ-
ing any proposed plan revisions, and submit the record of adoption back
to the regional committee; or (2) submit comments back to the regional
committee. Following the adoption of the annual review report by every
county in the region, the regional committee shall notify the department
that the annual review or five-year update has been completed.
(h) The county commission of a county which cooperates in a regional
solid waste management plan may choose to revise its plan at a time which
does not coincide with a scheduled annual review by the regional solid
waste management committee. At such time, the provisions of the inter-
local agreement shall establish protocols for addressing the needs of the
county seeking the change in the regional plan.
(d) (i) Each county or group of counties is required to adopt and
implement a solid waste management plan pursuant to this section and
is responsible for continued and ongoing planning for systematic solid
waste management within the boundaries of such county or group of
counties. The solid waste management plan of each county, designated
city or group of counties or designated city or cities shall provide for a
solid waste management system plan to serve all generators of solid waste
within the county or group of counties.
(e) (j) Every plan shall:
(1) Delineate areas within the jurisdiction of the political subdivision
or subdivisions where waste management systems are in existence and
areas where the solid waste management systems are planned to be avail-
able within a 10-year period.
(2) Conform to the rules and regulations, standards and procedures
adopted by the secretary for implementation of this act.
(3) Provide for solid waste management systems in a manner consis-
tent with the needs and plans of the whole area, and in a manner which
will not contribute to pollution of the waters or air of the state, nor con-
stitute a public nuisance and shall otherwise provide for the safe and
sanitary disposal of solid waste.
(4) Conform with existing comprehensive plans, population trend
projections, engineering and economics so as to delineate with practicable
precision those portions of the area which may reasonably be expected
to be served by a solid waste management system within the next 10 years.
(5) Take into consideration existing acts and regulations affecting the
development, use and protection of air, water or land resources.
(6) Establish a time schedule and revenue schedule for the devel-
opment, construction and operation of the planned solid waste manage-
ment systems, together with the estimated cost thereof.
(7) Describe the elements of the plan which will require public ed-
ucation and include a plan for delivering such education.
(8) Include such other reasonable information as the secretary re-
(9) Establish a schedule for the reduction of waste volumes taking in
consideration the following: (A) Source reduction; (B) reuse, recycling,
composting; and (C) land disposal.
(10) Take into consideration the development of specific manage-
ment programs for certain wastes, including but not limited to lead acid
batteries, household hazardous wastes, small quantities of hazardous
waste, white goods containing chlorofluorocarbons, pesticides and pesti-
cide containers, motor oil, consumer electronics, medical wastes, con-
struction and demolition waste, seasonal clean-up wastes, wastes gener-
ated by natural disasters and yard waste.
(f) (k) The plan and any revision of the plan shall be reviewed by
appropriate official planning agencies within the area covered by the plan
for consistency with programs of comprehensive planning for the area.
All such reviews shall be transmitted to the secretary with the proposed
plan or revision.
(g) (l) The secretary is hereby authorized to approve or disapprove
plans for solid waste management systems, or revisions of such plans,
submitted in accordance with this act. If a plan or revision is disapproved,
the secretary shall furnish any and all reasons for such disapproval, and
the county or group of counties whose plan or revision is disapproved
may request a hearing before the secretary in accordance with K.S.A. 65-
3412, and amendments thereto.
(h) (m) The secretary is authorized to provide technical assistance to
counties or designated cities in coordinating plans for solid waste man-
agement systems required by this act, including revisions of such plans.
(i) (n) The secretary may recommend that two or more counties
adopt, submit and implement a regional plan rather than separate county
(j) (o) The secretary may institute appropriate action to compel sub-
mission of plans or plan revisions in accordance with this act and the rules
and regulations, standards and procedures of the secretary.
(k) (p) Upon approval of the secretary of a solid waste management
plan, the county or designated city is authorized and directed to imple-
ment the provisions contained in the plan.
(l) (q) A county cooperating in a regional solid waste management
plan may withdraw from such plan only:
(1) In accordance with the terms of the interlocal agreement adopting
the old plan or upon revision or termination of such agreement to permit
withdrawal; and (2) upon a determination by the secretary that the exist-
ing regional solid waste management plan will not be significantly affected
by the withdrawal; or
(2) if two or more revised solid waste management plans are prepared
and submitted to the department for review and approval addressing solid
waste management in counties which have decided to plan individually
or in any newly formed regions.
Sec. 2. K.S.A. 2001 Supp. 65-3405 is hereby repealed.
Sec. 3. This act shall take effect and be in force from and after its
publication in the statute book.
Approved April 22, 2002.
Date Composed: 10/10/2002 Date Modified: 10/10/2002