Session Law

Identifying Information:L. 2002 ch. 079
Other Identifying Information:2002 House Bill 2704
Tax Type:Other
Brief Description:An Act concerning solid waste management planning; amending K.S.A. 2001Supp. 65-3405 and repealing the existing section.
Keywords:


Body:

CHAPTER 79

HOUSE BILL No. 2704

An Act concerning solid waste management planning; amending K.S.A. 2001

Supp. 65-3405 and repealing the existing section.


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

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

appointed.

(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-

section (c).

(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-

quires.

(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

plans.

(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.


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