Session Law

Identifying Information:L. 2001 ch. 127
Other Identifying Information:2001 House Bill 2134
Tax Type:Other
Brief Description:An Act concerning solid waste; amending K.S.A. 2000 Supp. 65-3402, 65-3407, 65-3407c, 65-3409 and 65-3415 and repealing the existing sections.
Keywords:


Body:

CHAPTER 127

HOUSE BILL No. 2134


An Act concerning solid waste; amending K.S.A. 2000 Supp. 65-3402, 65-3407, 65-3407c,

65-3409 and 65-3415 and repealing the existing sections.

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

Section 1. K.S.A. 2000 Supp. 65-3402 is hereby amended to read as

follows: 65-3402. As used in this act, unless the context otherwise re-

quires:

(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-

vironment.

(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-

cyclables.

(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; 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, roof-

ing materials, soil, rock, wood, wood products, wall or floor coverings,

plaster, drywall, plumbing fixtures, electrical wiring, electrical compo-

nents containing no hazardous materials, nonasbestos insulation and con-

struction related packaging. ``Construction and demolition waste'' shall

not include waste material containing friable asbestos, garbage, furniture,

appliances, 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 construc-

tion and demolition waste during demolition or transportation shall be

considered to be construction and demolition waste.

(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. 2000 Supp. 65-3407 is hereby amended to read as

follows: 65-3407. (a) Except as otherwise provided by K.S.A. 2000 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) 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. The annual

permit renewal fee shall not exceed $2,000. No refund shall be made in

case of revocation. In establishing 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 management fund. A city, county, other political sub-

division or state agency shall be exempt from payment of the fee but shall

meet all other provisions of this act.

(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) Permits granted by the secretary, as provided in this act: (1) Shall

not be transferable except that a (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 both

of the following conditions are met: (A) the area is permitted for only

solid waste produced on site from manufacturing and industrial processes

or on-site construction or demolition activities; and (B) and the only

change in the permit is a name change resulting from a merger, acqui-

sition, sale, corporate restructuring or other business transaction; and (2).

(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 sec-

retary 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 per-

mittee, or any principal, shareholder or other person capable of exercising

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.

(j) (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.

(k) (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 com-

merce 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.

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

facility or solid waste disposal area, the secretary shall require the follow-

ing 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. 3. K.S.A. 2000 Supp. 65-3407c is hereby amended to read as

follows: 65-3407c. (a) The secretary may authorize persons to carry out

the following activities without a solid waste permit issued pursuant to

K.S.A. 65-3407, and amendments thereto:

(1) Dispose of solid waste at a site where the waste has been accu-

mulated or illegally dumped. Disposal of some or all such waste must be

identified as an integral part of a site cleanup and closure plan submitted

to the department by the person responsible for the site. No additional

waste may be brought to the site following the department's approval of

the site cleanup and closure plan.

(2) Perform temporary projects to remediate soils contaminated by

organic constituents capable of being reduced in concentration by biod-

egradation processes or volatilization, or both. Soil to be treated may be

generated on-site or off-site. A project operating plan and a site closure

plan must be submitted to the department as part of the project approval

process.

(3) Dispose of demolition waste resulting from demolition of an en-

tire building or structure if such waste is disposed of at the site where

the building or structure was located. Prior to the department's authori-

zation, written approval for the disposal must be obtained from the land-

owner and the local governmental or zoning authority having jurisdiction

over the disposal site. The disposal area must be covered with a minimum

of two feet of soil and seeded, rocked or paved. The final grades for the

disposal site must be compatible with and not detract from the appear-

ance of adjacent properties.

(4) Dispose of solid waste generated as a result of a transportation

accident if such waste is disposed of on property adjacent to or near the

accident site. Prior to the department's authorization, written approval

for the disposal must be obtained from the landowner and the local gov-

ernmental or zoning authority having jurisdiction over the disposal site.

A closure plan must be submitted to the department as part of the au-

thorization process.

(5) Dispose of whole unprocessed livestock carcasses on property at,

adjacent or near where the animals died if: (A) Such animals died as a

result of a natural disaster or their presence has created an emergency

situation; and (B) proper procedures are followed to minimize threats to

human health and the environment. Prior to the department's authori-

zation, written approval for the disposal must be obtained from the land-

owner and the local governmental or zoning authority having jurisdiction

over the disposal site.

(6) Dispose of solid waste resulting from natural disasters, such as

storms, tornadoes, floods and fires, or other such emergencies, when a

request for disposal is made by the local governmental authority having

jurisdiction over the area. Authorization shall be granted by the depart-

ment only when failure to act quickly could jeopardize human health or

the environment. Prior to the department's authorization, written ap-

proval for the disposal must be obtained from the landowner and the local

governmental or zoning authority having jurisdiction over the disposal

site. The local governmental authority must agree to provide proper clo-

sure and postclosure maintenance of the disposal site as a condition of

authorization.

(7) Store solid waste resulting from natural disasters, such as storms,

tornadoes, floods and fires, or other such emergencies, at temporary waste

transfer sites, when a request for storage is made by the local govern-

mental authority having jurisdiction over the area. Authorization shall be

granted by the department only when failure to act quickly could jeop-

ardize human health or the environment. Prior to the department's au-

thorization, written approval for the storage must be obtained from the

landowner and the local governmental or zoning authority having juris-

diction over the storage site. The local governmental authority must agree

to provide proper closure of the storage and transfer site as a condition

of authorization.

(b) The secretary shall consider the following factors when determin-

ing eligibility for an exemption to the solid waste permitting requirements

under this section:

(1) Potential impacts to human health and the environment.

(2) Urgency to perform necessary work compared to typical permit-

ting timeframes.

(3) Costs and impacts of alternative waste handling methods.

(4) Local land use restrictions.

(5) Financial resources of responsible parties.

(6) Technical feasibility of proposed project.

(7) Technical capabilities of persons performing proposed work.

(c) The secretary may seek counsel from local government officials

prior to exempting activities from solid waste permitting requirements

under this section.

Sec. 4. K.S.A. 2000 Supp. 65-3409 is hereby amended to read as

follows: 65-3409. (a) It shall be unlawful for any person to:

(1) Dispose of any solid waste by open dumping, but this provision

shall not prohibit: (A) The use of solid wastes, except for waste tires, as

defined by K.S.A. 65-3424, and amendments thereto, in normal farming

operations or in the processing or manufacturing of other products in a

manner that will not create a public nuisance or adversely affect the public

health; or (B) an individual from dumping or depositing solid wastes re-

sulting from such individual's own residential or agricultural activities

onto the surface of land owned or leased by such individual when such

wastes do not create a public nuisance or adversely affect the public health

or the environment.

(2) Except as otherwise provided by K.S.A. 2000 Supp. 65-3407c, and

amendments thereto, construct, alter or operate a solid waste storage,

processing or disposal facility or area of a solid waste management system

or act as a waste tire transporter or mobile waste tire processor, as defined

by K.S.A. 65-3424, and amendments thereto, without a permit or be in

violation of the rules and regulations, standards or orders of the secretary.

(3) Violate any condition of any permit issued under K.S.A. 65-3407

or 65-3424b, and amendments thereto.

(4) Conduct any solid waste burning operations in violation of the

provisions of the Kansas air quality act.

(5) Store, collect, transport, process, treat or dispose of solid waste

contrary to the rules and regulations, standards or orders of the secretary

or in such a manner as to create a public nuisance.

(6) Refuse or hinder entry, inspection, sampling and the examination

or copying of records related to the purposes of this act by an agent or

employee of the secretary after such agent or employee identifies and

gives notice of their purpose.

(7) Violate subsection (b) of K.S.A. 65-3424a, subsection (c) of K.S.A.

65-3424b or K.S.A. 65-3424i, and amendments thereto.

(8) Divide a solid waste disposal area which has been issued a permit

pursuant to K.S.A. 65-3407, and amendments thereto, into two or more

parcels of real property for the purpose of selling or transferring a portion

of the permitted area to a new owner without receiving prior approval of

the secretary. If the secretary does not approve or deny the division of

the area within 60 days after the matter is submitted to the secretary for

approval, the division shall be deemed to have been approved. Approval

pursuant to this subsection shall not be necessary for transfer of a per-

mitted solid waste disposal area as allowed by subsection (i)(1) of K.S.A.

65-3407, and amendments thereto.

(b) No person shall be held responsible for failure to secure a permit

under the provisions of this section for the dumping or depositing of any

solid waste on land owned or leased by such person without such person's

expressed or implied consent, permission or knowledge.

(c) Any person who violates any provision of subsection (a) shall be

guilty of a class A misdemeanor and, upon conviction thereof, shall be

punished as provided by law.

Sec. 5. K.S.A. 2000 Supp. 65-3415 is hereby amended to read as

follows: 65-3415. (a) The secretary is authorized to assist counties, des-

ignated cities or regional solid waste management entities by administer-

ing grants to pay up to 60% of the costs of preparing and revising official

plans for solid waste management systems in accordance with the require-

ments of this act and the rules and regulations and standards adopted

pursuant to this act, and for carrying out related studies, surveys, inves-

tigations, inquiries, research and analyses.

(b) The secretary is authorized to assist counties, designated cities,

municipalities, regional solid waste management entities that are part of

an interlocal agreement entered into pursuant to K.S.A. 12-2901 et seq.

and amendments thereto or other applicable statutes, colleges, universi-

ties, schools, state agencies or private entities, by administering compet-

itive grants that pay up to 75% of eligible costs incurred by such a county,

city, regional entity, college, university, school, state agency or private

entity pursuant to an approved solid waste management plan, for any

project related to the development and operation of recycling, source

reduction, waste minimization and solid waste management public edu-

cation programs. Such projects shall include, but not be limited to, the

implementation of innovative waste processing technologies which dem-

onstrate nontraditional methods to reduce waste volume by recovering

materials or by converting the waste into usable by-products or energy

through chemical or physical processes. To be eligible for competitive

grants awarded pursuant to this section, a county, designated city, regional

entity, college, university, school, state agency or private entity must be

implementing a project which is part of a solid waste management plan

approved by the secretary or implementing a project with statewide sig-

nificance as determined by the secretary with the advice and counsel of

the solid waste grants advisory committee.

(c) The secretary is authorized to assist counties, cities or regional

solid waste management entities that are part of an interlocal agreement

entered into pursuant to K.S.A. 12-2901 et seq. and amendments thereto

or other applicable statutes, by administering grants that pay up to 60%

of costs incurred by such a county, city or regional entity for:

(1) The development or enhancement of temporary and permanent

household hazardous waste programs operated in accordance with K.S.A.

65-3460 and amendments thereto;

(2) the first year of operation following initial start-up of temporary

and permanent household hazardous waste programs; and

(3) educating the public regarding changes in household hazardous

waste collection program operations or services.

(d) The secretary is authorized to assist counties, cities or regional

solid waste management entities that are part of an interlocal agreement

entered into pursuant to K.S.A. 12-2901 et seq. and amendments thereto

or other applicable statutes, by administering grants that pay up to 75%

of costs incurred by such a county, city or regional entity to develop and

implement temporary agricultural pesticide collection programs.

(e) The secretary is authorized to assist counties, cities or regional

solid waste management entities that are part of an interlocal agreement

entered into pursuant to K.S.A. 12-2901 et seq. and amendments thereto

or other applicable statutes, by administering grants that pay up to 75%

of costs incurred by such a county, city, or regional entity to develop and

implement exempt small quantity hazardous waste generator waste col-

lection programs, subject to the following:

(1) The aggregate amount of all such grants made for a fiscal year

shall not exceed $150,000; and

(2) no grantee shall receive any such grants in an aggregate amount

exceeding $50,000.

(f) (1) Failure of a any public or private entity owning a municipal

solid waste landfill to pay solid waste tonnage fees on wastes disposed in

Kansas as required pursuant to K.S.A. 65-3415b, and amendments

thereto, shall bar receipt of any grant funds by such entity until fees and

related penalties have been paid.

(2) Failure of a county or regional authority to perform annual solid

waste plan reviews and five year public hearings, and submit appropriate

notification to the secretary that such actions have been carried out pur-

suant to K.S.A. 65-3405, and amendments thereto, shall bar receipt of

any grant funds by any entity within the jurisdiction of such county or

regional authority unless the grant would support a project expected to

yield benefits to counties outside the jurisdiction of such county or re-

gional authority.

(3) A city, county, regional authority, college, university, school, state

agency or private entity shall not be eligible to receive grants authorized

in K.S.A. 65-3415, and amendments thereto, if the department deter-

mines that such city, county, regional authority, college, university, school,

state agency or private entity is operating in substantial violation of ap-

plicable solid and hazardous waste laws or rules and regulations.

(4) The secretary may establish additional minimum requirements for

grant eligibility.

(g) If the secretary determines that a grant recipient has utilized grant

moneys for purposes not authorized in the grant contract, the secretary

may order the repayment of such moneys and cancel any remaining de-

partment commitments under the grant. If the grant recipient fails to

comply with the secretary's order, the secretary may initiate a civil action

in district court to recover any unapproved expenditures, including ad-

ministrative and legal expenses incurred to pursue such action. Recovered

grant moneys or expenses shall be remitted to the state treasurer, who

shall deposit the entire amount in the state treasury and credit it to the

solid waste management fund.

(h) All grants shall be made in accordance with appropriation acts

from moneys in the solid waste management fund created by K.S.A. 65-

3415a and amendments thereto.

(i) Local match requirements for all solid waste grant programs may

be met by in-kind contributions from counties, designated cities, regional

solid waste management entities or private entities.

Sec. 6. K.S.A. 2000 Supp. 65-3402, 65-3407, 65-3407c, 65-3409 and

65-3415 are hereby repealed.

Sec. 7. This act shall take effect and be in force from and after its

publication in the statute book.

Approved April 18, 2000.


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Date Composed: 09/25/2001 Date Modified: 09/25/2001