Session Law

Identifying Information:L. 2002 ch. 101
Other Identifying Information:2002 Substitute for House Bill 2686
Tax Type:Other
Brief Description:An Act concerning solid waste; relating to certain industrial waste; amending K.S.A. 2001Supp. 65-3407, 65-3415b and 65-3415f and repealing the existing sections.
Keywords:


Body:

CHAPTER 101

Substitute for HOUSE BILL No. 2686

An Act concerning solid waste; relating to certain industrial waste; amending K.S.A. 2001

Supp. 65-3407, 65-3415b and 65-3415f and repealing the existing sections.


Be it enacted by the Legislature of the State of Kansas:

Section 1. K.S.A. 2001 Supp. 65-3407 is hereby amended to read as

follows: 65-3407. (a) Except as otherwise provided by K.S.A. 2001 Supp.

65-3407c and amendments thereto, no person shall construct, alter or

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

a solid waste management system, except for clean rubble disposal sites,

without first obtaining a permit from the secretary.

(b) Every person desiring to obtain a permit to construct, alter or

operate a solid waste processing facility or disposal area shall make ap-

plication for such a permit on forms provided for such purpose by the

rules and regulations of the secretary and shall provide the secretary with

such information as necessary to show that the facility or area will comply

with the purpose of this act. Upon receipt of any application and payment

of the application fee, the secretary, with advice and counsel from the

local health authorities and the county commission, shall make an inves-

tigation of the proposed solid waste processing facility or disposal area

and determine whether it complies with the provisions of this act and any

rules and regulations and standards adopted thereunder. The secretary

also may consider the need for the facility or area in conjunction with the

county or regional solid waste management plan. If the investigation re-

veals that the facility or area conforms with the provisions of the act and

the rules and regulations and standards adopted thereunder, the secretary

shall approve the application and shall issue a permit for the operation of

each solid waste processing or disposal facility or area set forth in the

application. If the facility or area fails to meet the rules and regulations

and standards required by this act the secretary shall issue a report to the

applicant stating the deficiencies in the application. The secretary may

issue temporary permits conditioned upon corrections of construction

methods being completed and implemented.

(c) Before reviewing any application for permit, the secretary shall

conduct a background investigation of the applicant. The secretary shall

consider the financial, technical and management capabilities of the ap-

plicant as conditions for issuance of a permit. The secretary may reject

the application prior to conducting an investigation into the merits of the

application if the secretary finds that:

(1) The applicant currently holds, or in the past has held, a permit

under this section and while the applicant held a permit under this section

the applicant violated a provision of subsection (a) of K.S.A. 65-3409, and

amendments thereto; or

(2) the applicant previously held a permit under this section and that

permit was revoked by the secretary; or

(3) the applicant failed or continues to fail to comply with any of the

provisions of the air, water or waste statutes, including rules and regula-

tions issued thereunder, relating to environmental protection or to the

protection of public health in this or any other state or the federal gov-

ernment of the United States, or any condition of any permit or license

issued by the secretary; or if the secretary finds that the applicant has

shown a lack of ability or intention to comply with any provision of any

law referred to in this subsection or any rule and regulation or order or

permit issued pursuant to any such law as indicated by past or continuing

violations; or

(4) the applicant is a corporation and any principal, shareholder, or

other person capable of exercising total or partial control of such corpo-

ration could be determined ineligible to receive a permit pursuant to

subsection (c)(1), (2) or (3) above.

(d) Before reviewing any application for a permit, the secretary may

request that the attorney general perform a comprehensive criminal back-

ground investigation of the applicant; or in the case of a corporate appli-

cant, any principal, shareholder or other person capable of exercising total

or partial control of the corporation. The secretary may reject the appli-

cation prior to conducting an investigation into the merits of the appli-

cation if the secretary finds that serious criminal violations have been

committed by the applicant or a principal of the corporation.

(e) (1) The fees for a solid waste processing or disposal permit shall

be established by rules and regulations adopted by the secretary. The fee

for the application and original permit shall not exceed $5,000. Except as

provided by paragraph (2), the annual permit renewal fee shall not ex-

ceed $2,000. No refund shall be made in case of revocation. In establish-

ing fees for a construction and demolition landfill, the secretary shall

adopt a differential fee schedule based upon the volume of construction

and demolition waste to be disposed of at such landfill. All fees shall be

deposited in the state treasury and credited to the solid waste manage-

ment fund. A city, county, other political subdivision or state agency shall

be exempt from payment of the fee but shall meet all other provisions of

this act.

(2) The annual permit renewal fee for a solid waste disposal area

which is permitted by the secretary, owned and operated by the facility

generating the waste and used only for industrial waste generated by such

facility shall be not less than $1,000 nor more than $4,000. In establishing

fees for such disposal areas, the secretary shall adopt a differential fee

schedule based upon the characteristics of the disposal area sites.

(f) Plans, designs and relevant data for the construction of solid waste

processing facilities and disposal sites shall be prepared by a professional

engineer licensed to practice in Kansas and shall be submitted to the

department for approval prior to the construction, alteration or operation

of such facility or area. In adopting rules and regulations, the secretary

may specify sites, areas or facilities where the environmental impact is

minimal and may waive such preparation requirements provided that a

review of such plans is conducted by a professional engineer licensed to

practice in Kansas.

(g) Each permit granted by the secretary, as provided in this act, shall

be subject to such conditions as the secretary deems necessary to protect

human health and the environment and to conserve the sites. Such con-

ditions shall include approval by the secretary of the types and quantities

of solid waste allowable for processing or disposal at the permitted loca-

tion.

(h) As a condition of granting a permit to operate any processing

facility or disposal area for solid waste, the secretary shall require the

permittee to: (1) Provide a trust fund, surety bond guaranteeing pay-

ment, irrevocable letter of credit or insurance policy, to pay the costs of

closure and postclosure care; or (2) pass a financial test or obtain a finan-

cial guarantee from a related entity, to guarantee the future availability

of funds to pay the costs of closure and postclosure care. The secretary

shall prescribe the methods to be used by a permittee to demonstrate

sufficient financial strength to become eligible to use a financial test or a

financial guarantee procedure in lieu of providing the financial instru-

ments listed in (1) above. Solid waste processing facilities or disposal

areas, except municipal solid waste landfills, may also demonstrate finan-

cial assurance for closure and postclosure care costs by use of ad valorem

taxing power. In addition, the secretary shall require the permittee to

provide liability insurance coverage during the period that the facility or

area is active, and during the term of the facility or area is subject to

postclosure care, in such amount as determined by the secretary to insure

the financial responsibility of the permittee for accidental occurrences at

the site of the facility or area. Any such liability insurance as may be

required pursuant to this subsection or pursuant to the rules and regu-

lations of the secretary shall be issued by an insurance company author-

ized to do business in Kansas or by a licensed insurance agent operating

under authority of K.S.A. 40-246b, and amendments thereto, and shall

be subject to the insurer's policy provisions filed with and approved by

the commissioner of insurance pursuant to K.S.A. 40-216, and amend-

ments thereto, except as authorized by K.S.A. 40-246b, and amendments

thereto. Nothing contained in this subsection shall be deemed to apply

to any state agency or department or agency of the federal government.

(i) (1) Permits granted by the secretary as provided by this act shall

not be transferable except as follows:

(A) A permit for a solid waste disposal area may be transferred if the

area is permitted for only solid waste produced on site from manufactur-

ing and industrial processes or on-site construction or demolition activi-

ties and the only change in the permit is a name change resulting from a

merger, acquisition, sale, corporate restructuring or other business trans-

action.

(B) A permit for a solid waste disposal area or a solid waste processing

facility may be transferred if the secretary approves of the transfer based

upon information submitted to the secretary sufficient to conduct a back-

ground investigation of the new owner as specified in subsections (c) and

(d) of K.S.A. 65-3407, and amendments thereto, and a financial assurance

evaluation as specified in subsection (h) of K.S.A. 65-3407, and amend-

ments thereto. Such information shall be submitted to the secretary not

more than one year nor less than 60 days before the transfer. If the

secretary does not approve or disapprove the transfer within 30 days after

all required information is submitted to the secretary, the transfer shall

be deemed to have been approved.

(2) Permits granted by the secretary as provided by this act shall be

revocable or subject to suspension whenever the secretary shall determine

that the solid waste processing or disposal facility or area is, or has been

constructed or operated in violation of this act or the rules and regulations

or standards adopted pursuant to the act, or is creating or threatens to

create a hazard to persons or property in the area or to the environment,

or is creating or threatens to create a public nuisance, or upon the failure

to make payment of any fee required under this act.

(3) The secretary also may revoke, suspend or refuse to issue a permit

when the secretary determines that past or continuing violations of the

provisions of K.S.A. 65-3409, subsection (c)(3) of K.S.A. 65-3407 or

K.S.A. 65-3424b, and amendments thereto, have been committed by a

permittee, or any principal, shareholder or other person capable of ex-

ercising partial or total control over a permittee.

(j) Except as otherwise provided by subsection (i)(1), the secretary

may require a new permit application to be submitted for a solid waste

processing facility or a solid waste disposal area in response to any change,

either directly or indirectly, in ownership or control of the permitted real

property or the existing permittee.

(k) In case any permit is denied, suspended or revoked the person,

city, county or other political subdivision or state agency may request a

hearing before the secretary in accordance with K.S.A. 65-3412, and

amendments thereto.

(l) (1) No permit to construct or operate a solid waste disposal area

shall be issued on or after the effective date of this act if such area is

located within 1/2 mile of a navigable stream used for interstate commerce

or within one mile of an intake point for any public surface water supply

system.

(2) Any permit, issued before the effective date of this act, to con-

struct or operate a solid waste disposal area is hereby declared void if

such area is not yet in operation and is located within 1/2 mile of a navi-

gable stream used for interstate commerce or within one mile of an intake

point for any public surface water supply system.

(3) The provisions of this subsection shall not be construed to pro-

hibit: (A) Issuance of a permit for lateral expansion onto land contiguous

to a permitted solid waste disposal area in operation on the effective date

of this act; (B) issuance of a permit for a solid waste disposal area for

disposal of a solid waste by-product produced on-site; (C) renewal of an

existing permit for a solid waste area in operation on the effective date

of this act; or (D) activities which are regulated under K.S.A. 65-163

through 65-165 or 65-171d, and amendments thereto.

(m) Before reviewing any application for a solid waste processing fa-

cility or solid waste disposal area, the secretary shall require the following

information as part of the application:

(1) Certification by the board of county commissioners or the mayor

of a designated city responsible for the development and adoption of the

solid waste management plan for the location where the processing facility

or disposal area is or will be located that the processing facility or disposal

area is consistent with the plan. This certification shall not apply to a solid

waste disposal area for disposal of only solid waste produced on site from

manufacturing and industrial processes or from on-site construction or

demolition activities.

(2) If the location is zoned, certification by the local planning and

zoning authority that the processing facility or disposal area is consistent

with local land use restrictions or, if the location is not zoned, certification

from the board of county commissioners that the processing facility or

disposal area is compatible with surrounding land use.

(3) For a solid waste disposal area permit issued on or after July 1,

1999, proof that the permittee owns the land where the disposal area will

be located, if the disposal area is: (A) A municipal solid waste landfill; or

(B) a solid waste disposal area that has: (i) A leachate or gas collection or

treatment system; (ii) waste containment systems or appurtenances with

planned maintenance schedules; or (iii) an environmental monitoring sys-

tem with planned maintenance schedules or periodic sampling and anal-

ysis requirements. This requirement shall not apply to a permit for lateral

or vertical expansion contiguous to a permitted solid waste disposal area

in operation on July 1, 1999, if such expansion is on land leased by the

permittee before April 1, 1999.

Sec. 2. K.S.A. 2001 Supp. 65-3415b is hereby amended to read as

follows: 65-3415b. (a) There is hereby imposed a state solid waste tonnage

fee of $1.00 for each ton or equivalent volume of solid waste disposed of

at any solid waste disposal area in this state other than solid waste enu-

merated in subsection (c) or solid waste disposal authorized by the sec-

retary pursuant to subsection (a) of K.S.A. 65-3407c, and amendments

thereto.

(b) There is hereby imposed a state solid waste tonnage fee of $1.00

for each ton or equivalent volume of solid waste transferred out of Kansas

through a transfer station, other than waste enumerated in subsection (c).

(c) The fees imposed by this section shall not apply to:

(1) Any waste tire, as defined by K.S.A. 65-3424, and amendments

thereto, disposed in or at a permitted solid waste disposal area;

(2) any of the following wastes sludges from public drinking water

supply treatment plants, when disposed of at a monofill permitted by the

department:

(A) sludges from public drinking water supply treatment plants;

(B) cement kiln dust from the manufacture of portland and masonry

cement;

(C) flue gas desulfurization sludge, fly ash and bottom ash from coal-

fired electric generating facilities; and

(D) foundry sand secretary;

(3) clean rubble;

(4) solid waste solely consisting of vegetation from land clearing and

grubbing, utility maintenance and seasonal or storm-related cleanup but

such exception shall not apply to yard waste; and

(5) construction and demolition waste disposed of by the federal gov-

ernment, by the state of Kansas, or by any city, county or other unit of

local government in the state of Kansas, or by any person on behalf

thereof; and

(6) industrial waste disposed of at a solid waste disposal area which

is permitted by the secretary, owned and operated by the facility gener-

ating the waste and used only for industrial waste generated by such

facility.

(d) The operator of a solid waste disposal area or transfer station shall

pay the fee imposed by this section.

(e) The secretary of health and environment shall administer, enforce

and collect the fee imposed by this section. The secretary shall have the

authority to waive such fee when large quantities of waste are generated

due to major natural disasters such as floods, tornados and fires unless

persons paying such fees are able to recover such fees from the federal

government. Except as otherwise provided by subsections (a) and (b), all

laws and rules and regulations of the secretary of revenue relating to the

administration, enforcement and collection of the retailers' sales tax shall

apply to such fee insofar as they can be made applicable. The secretary

of health and environment shall adopt any other rules and regulations as

necessary for the efficient and effective administration, enforcement and

collection thereof.

(f) The secretary of health and environment shall remit all moneys

collected from fees imposed pursuant to subsections (a) and (b) to the

state treasurer in accordance with the provisions of K.S.A. 75-4215, and

amendments thereto. Upon receipt of each such remittance, the state

treasurer shall deposit the entire amount in the state treasury to the credit

of the solid waste management fund created by K.S.A. 65-3415a, and

amendments thereto.

Sec. 3. K.S.A. 2001 Supp. 65-3415f is hereby amended to read as

follows: 65-3415f. (a) As used in this section, terms have the meanings

provided by K.S.A. 65-3402 and amendments thereto.

(b) In addition to any other fee provided by law, the board of county

commissioners of any county may impose, by resolution adopted pursuant

to this section, a solid waste tonnage fee for each ton or equivalent volume

of solid waste disposed of at any solid waste disposal area operated by

such county. Such fees shall not apply to:

(1) Any waste tire, as defined by K.S.A. 65-3424 and amendments

thereto, disposed in or at a permitted solid waste disposal area;

(2) any of the following wastes when disposed of at a monofill per-

mitted by the department: (A) Sludges from public drinking water supply

treatment plants; (B) cement kiln dust from the manufacture of portland

and masonry cement; (C) flue gas desulfurization sludge, fly ash and bot-

tom ash from coal-fired electric generating facilities; and (D) foundry

sand;

(3) clean rubble;

(4) solid waste solely consisting of vegetation from land clearing and

grubbing, utility maintenance and seasonal or storm-related cleanup but

such exception shall not apply to yard waste; and

(5) construction and demolition waste disposed of by the state of Kan-

sas or by any city or county in the state of Kansas, or by any person on

behalf thereof any solid waste exempted from the state solid waste tonnage

fee imposed by K.S.A. 65-3415b, and amendments thereto.

(c) Fees imposed pursuant to this section shall be collected by the

county and deposited in a special fund in the county treasury. All interest

earned on moneys in the fund shall also be deposited in the fund. If there

is more than one solid waste disposal area in the county where fees are

imposed pursuant to this section, a separate fund for each such disposal

area shall be maintained from the fees collected from such disposal area.

Money in the fund shall be used only for payment of costs of closure,

postclosure actions and contamination remediation associated with the

solid waste disposal area until the secretary determines that all require-

ments for closure, postclosure actions and contamination remediation as-

sociated with the disposal area have been met.

(d) The board of county commissioners, by resolution, may modify,

discontinue or reinstate the fee authorized by this section.

(e) Transfer or expenditure of moneys in a special fund provided for

by this section for any purpose other than authorized by this section is a

class A nonperson misdemeanor and constitutes grounds for forfeiture of

public office.

(f) If two or more counties jointly operate a solid waste disposal area,

the fee provided for by this section on solid waste disposed of at such

disposal area may be imposed, modified, discontinued or reinstated only

if a majority of the board of county commissioners of each county jointly

operating the disposal area votes to impose, modify, discontinue or re-

instate the fee.

Sec. 4. K.S.A. 2001 Supp. 65-3407, 65-3415b and 65-3415f are

hereby repealed.

Sec. 5. This act shall take effect and be in force from and after its

publication in the Kansas register.

Approved May 13, 2002.

Published in the Kansas Register May 23, 2002.


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