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10  AN ACT concerning solid waste; relating to solid waste disposal areas
11    exempt from certain requirements; concerning confined feeding fa-
12    cilities; amending K.S.A. 1996 Supp. 65-171d and 65-3406 and re-
13    pealing the existing section sections.
14
15  Be it enacted by the Legislature of the State of Kansas:
16    Section 1.  K.S.A. 1996 Supp. 65-3406 is hereby amended to read as
17  follows: 65-3406. (a) The secretary is authorized and directed to:
18    (1)  Adopt such rules and regulations, standards and procedures rel-
19  ative to solid waste management as necessary to protect the public health
20  and environment, prevent public nuisances and enable the secretary to
21  carry out the purposes and provisions of this act.
22    (2)  Report to the legislature on further assistance needed to admin-
23  ister the solid waste management program.
24    (3)  Administer the solid waste management program pursuant to pro-
25  visions of this act.
26    (4)  Cooperate with appropriate federal, state, interstate and local
27  units of government and with appropriate private organizations in carry-
28  ing out duties under this act.
29    (5)  Develop a statewide solid waste management plan.
30    (6)  Provide technical assistance, including the training of personnel
31  to cities, counties and other political subdivisions.
32    (7)  Initiate, conduct and support research, demonstration projects
33  and investigations and coordinate all state agency research programs with
34  applicable federal programs pertaining to solid waste management sys-
35  tems.
36    (8)  Establish policies for effective solid waste management systems.
37    (9)  Assist counties and groups of counties to establish and implement
38  solid waste planning and management.
39    (10)  Authorize issuance of such permits and orders and conduct such
40  inspections as may be necessary to implement the provisions of this act
41  and the rules and regulations and standards adopted pursuant to this act.
42    (11)  Conduct and contract for research and investigations in the over-
43  all area of solid waste storage, collection, transportation, processing, treat-
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 1  ment, recovery and disposal including, but not limited to, new and novel
 2  procedures.
 3    (12)  Adopt rules and regulations for permitting of all solid waste dis-
 4  posal areas, including those that are privately owned.
 5    (13)  Adopt rules and regulations establishing criteria for the location
 6  of processing facilities and disposal areas for solid wastes.
 7    (14)  Adopt rules and regulations establishing appropriate measures
 8  for monitoring solid waste disposal areas and processing facilities, both
 9  during operation and after closure.
10    (15)  Adopt rules and regulations requiring that, for such period of
11  time as the secretary shall specify, any assignment, sale, conveyance or
12  transfer of all or any part of the property upon which a permitted disposal
13  area for solid waste is or has been located shall be subject to such terms
14  and conditions as to the use of such property as the secretary shall specify
15  to protect human health and the environment.
16    (16)  Adopt suitable measures, including rules and regulations if ap-
17  propriate, to encourage recovery and recycling of solid waste for reuse
18  whenever feasible.
19    (17)  Adopt rules and regulations establishing standards for trans-
20  porters of solid waste.
21    (18)  Adopt rules and regulations establishing minimum standards for
22  closing, termination, and long-term care of sites for the land disposal of
23  solid waste. In this subsection, ``site'' refers to a site for the land disposal
24  of solid waste which has a permit issued under K.S.A. 65-3407 and
25  amendments thereto. The owner of a site shall be responsible for the
26  long-term care of the site for 30 years after the closing of the site, except
27  the secretary may extend the long-term care responsibility of a particular
28  site or sites as the secretary deems necessary to protect the public health
29  and safety or the environment. Any person acquiring rights of ownership,
30  possession or operation in a permitted site or facility for the land disposal
31  of solid waste at any time after the site has begun to accept waste and
32  prior to closure shall be subject to all requirements of the permit for the
33  site or facility, including the requirements relating to long-term care of
34  the site or facility.
35    (19)  Enter into cooperative agreements with the secretary of com-
36  merce for the development and implementation of statewide market de-
37  velopment for recyclable materials.
38    (20)  Adopt rules and regulations for the management of nonhaz-
39  [chardous special wastes.
40    (b)  In adopting rules and regulations, the secretary shall allow the
41  exemption contained in subsection (f)(1) of 40 CFR 258.1 (October 9,
42  1991), as amended and in effect on the effective date of this act.
43    (c) (1)  Any rules and regulations adopted by the secretary which es-
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 1  tablish standards for solid waste processing facilities or solid waste dis-
 2  posal areas that are more stringent than the standards required by federal
 3  law or applicable federal regulations on such date shall not become ef-
 4  fective until 45 days after the beginning of the next ensuing session of
 5  the legislature, which date shall be specifically provided in such rule and
 6  regulation.
 7    (2)  The provisions of subsection (c)(1) shall not apply to rules and
 8  regulations adopted before January 1, 1995, which establish standards for
 9  location, design and operation of solid waste processing facilities and dis-
10  posal areas.
11    (d)  Any solid waste disposal area which qualifies for the exemption
12  provided for by subsection (b) and which successfully demonstrates that
13  naturally occurring geological conditions provide sufficient protection
14  against groundwater contamination shall not be required to construct a
15  landfill liner or leachate collection system. The secretary shall adopt rules
16  and regulations which establish criteria for performing this demonstration
17  and standards for liner and leachate collection systems for exempt landfills
18  which fail the demonstration. Solid waste disposal areas which qualify for
19  the exemption provided for by subsection (b) may be designed with
20  trenches or units which have straight vertical walls. All solid waste disposal
21  areas which qualify for the exemption provided for by subsection (b) shall
22  be required to comply with all applicable federal requirements specified
23  in subtitle D of the resource conservation and recovery act and 40 CFR
24  Part 258 (October 9, 1991), as amended and in effect on the effective
25  date of this act, or equivalent rules and regulations adopted by the sec-
26  retary and approved by the U.S. environmental protection agency, in-
27  cluding location restrictions, operating requirements and closure stan-
28  dards for municipal solid waste landfills. Operating requirements include,
29  but are not limited to, hazardous waste screening, daily cover, interme-
30  diate cover, disease vector control, gas monitoring and management, air
31  emissions, survey controls, compaction, recordkeeping and groundwater
32  monitoring.
33    The identification of groundwater contamination caused by disposal
34  activities at a solid waste disposal area which has qualified for the exemp-
35  tion provided for by subsection (b) shall result in:
36    (1)  The loss of such exemption; and
37    (2)  the application of all corrective action and design requirements
38  specified in federal laws and regulations, or in equivalent rules and reg-
39  ulations adopted by the secretary and approved by the U.S. environmental
40  protection agency, to such disposal area.
41    Sec. 2.  K.S.A. 1996 Supp. 65-171d is hereby amended to read
42  as follows: 65-171d. (a) For the purpose of preventing surface and
43  subsurface water pollution and soil pollution detrimental to public
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 1  health or to the plant, animal and aquatic life of the state, and to
 2  protect beneficial uses of the waters of the state and to require the
 3  treatment of sewage predicated upon technologically based effluent
 4  limitations, the secretary of health and environment shall make
 5  such rules and regulations, including registration of potential
 6  sources of pollution, as may in the secretary's judgment be neces-
 7  sary to: (1) Protect the soil and waters of the state from pollution
 8  resulting from underground storage reservoirs of hydrocarbons and
 9  liquid petroleum gas; (2) control the disposal, discharge or escape
10  of sewage as defined in K.S.A. 65-164 and amendments thereto, by
11  or from municipalities, corporations, companies, institutions, state
12  agencies, federal agencies or individuals and any plants, works or
13  facilities owned or operated, or both, by them; and (3) establish
14  water quality standards for the waters of the state to protect their
15  beneficial uses.
16    (b)  The secretary of health and environment may adopt by ref-
17  erence any regulation relating to water quality and effluent stan-
18  dards promulgated by the federal government pursuant to the pro-
19  visions of the federal clean water act and amendments thereto, as
20  in effect on January 1, 1989, which the secretary is otherwise au-
21  thorized by law to adopt.
22    (c)  For the purposes of this act, including K.S.A. 65-161 through
23  65-171h and amendments thereto, and rules and regulations
24  adopted pursuant thereto:
25    (1)  ``Pollution'' means: (A) Such contamination or other alter-
26  ation of the physical, chemical or biological properties of any wa-
27  ters of the state as will or is likely to create a nuisance or render
28  such waters harmful, detrimental or injurious to public health,
29  safety or welfare, or to the plant, animal or aquatic life of the state
30  or to other designated beneficial uses; or (B) such discharge as will
31  or is likely to exceed state effluent standards predicated upon tech-
32  nologically based effluent limitations.
33    (2)  ``Confined feeding facility'' means any lot, pen, pool or pond:
34  (A) Which is used for the confined feeding of animals or fowl for
35  food, fur or pleasure purposes; (B) which is not normally used for
36  raising crops; and (C) in which no vegetation intended for animal
37  food is growing.
38    (3)  ``Animal unit'' means a unit of measurement calculated by
39  adding the following numbers: The number of beef cattle weighing
40  more than 700 pounds multiplied by 1.0; plus the number of cattle
41  weighing less than 700 pounds multiplied by 0.5; plus the number
42  of mature dairy cattle multiplied by 1.4; plus the number of swine
43  weighing more than 55 pounds multiplied by 0.4; plus the number
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 1  of sheep or lambs multiplied by 0.1; plus the number of horses mul-
 2  tiplied by 2.0; plus the number of turkeys multiplied by 0.018; plus
 3  the number of laying hens or broilers, if the facility has continuous
 4  overflow watering, multiplied by 0.01; plus the number of laying
 5  hens or broilers, if the facility has a liquid manure system, multi-
 6  plied by 0.033; plus the number of ducks multiplied by 0.2. How-
 7  ever, each head of cattle will be counted as one full animal unit for
 8  the purpose of determining the need for a federal permit.
 9    (4)  ``Animal unit capacity'' means the maximum number of an-
10  imal units which a confined feeding facility is designed to accom-
11  modate at any one time.
12    (5)  ``Habitable structure'' means any of the following structures
13  which is occupied or maintained in a condition which may be oc-
14  cupied: A dwelling, church, school, adult care home, medical care
15  facility, child care facility, library, community center, public build-
16  ing, office building or licensed food service or lodging establish-
17  ment.
18    (d)  In adopting rules and regulations, the secretary of health
19  and environment, taking into account the varying conditions that
20  are probable for each source of sewage and its possible place of
21  disposal, discharge or escape, may provide for varying the control
22  measures required in each case to those the secretary finds to be
23  necessary to prevent pollution. If a freshwater reservoir or farm
24  pond is privately owned and where complete ownership of land bor-
25  dering the reservoir is under common private ownership, such fresh-
26  water reservoir or farm pond shall be exempt from water quality
27  standards except as it relates to water discharge or seepage from
28  the reservoir to waters of the state, either surface or groundwater,
29  or as it relates to the public health of persons using the reservoir or
30  pond or waters therefrom.
31    (e) (1)  Whenever the secretary of health and environment or
32  the secretary's duly authorized agents find that the soil or waters
33  of the state are not being protected from pollution resulting from
34  underground storage reservoirs of hydrocarbons and liquid petro-
35  leum gas or that storage or disposal of salt water not regulated by
36  the state corporation commission or refuse in any surface pond is
37  causing or is likely to cause pollution of soil or waters of the state,
38  the secretary or the secretary's duly authorized agents shall issue
39  an order prohibiting such underground storage reservoir or surface
40  pond. Any person aggrieved by such order may within 15 days of
41  service of the order request in writing a hearing on the order.
42    (2)  Upon receipt of a timely request, a hearing shall be con-
43  ducted in accordance with the provisions of the Kansas administra-
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 1  tive procedure act.
 2    (3)  Any action of the secretary pursuant to this subsection is
 3  subject to review in accordance with the act for judicial review and
 4  civil enforcement of agency actions.
 5    (f)  The secretary may adopt rules and regulations establishing
 6  fees for the following services:
 7    (1)  Plan approval, monitoring and inspecting underground or
 8  buried petroleum products storage tanks, for which the annual fee
 9  shall not exceed $5 for each tank in place;
10    (2)  permitting, monitoring and inspecting salt solution mining
11  operators, for which the annual fee shall not exceed $1,950 per com-
12  pany; and
13    (3)  permitting, monitoring and inspecting hydrocarbon storage
14  wells and well systems, for which the annual fee shall not exceed
15  $1,875 per company.
16    (g)    Prior to any new construction of a confined feeding facil-
17  ity with an animal unit capacity of 300 to 999, such facility shall
18  register with the secretary of health and environment. Facilities
19  with less than 300 animal units may register with the secretary. Any
20  such registration shall be accompanied by a $25 fee. Within 30 days
21  of receipt of such registration, the department of health and envi-
22  ronment shall identify any significant water pollution potential or
23  separation distance violations pursuant to subsection (h). If there
24  is identified a significant water pollution potential, such facility
25  shall be required to obtain a permit from the secretary. If there is
26  no water pollution potential posed by a facility with an animal unit
27  capacity of less than 300, the secretary may certify that no permit
28  is required. If there is no water pollution potential nor any violation
29  of separation distances posed by a facility with an animal unit ca-
30  pacity of 300 to 999, the secretary shall certify that no permit is
31  required and that there are no certification conditions pertaining
32  to separation distances. If a separation distance violation is iden-
33  tified, the secretary may reduce the separation distance in accord-
34  [chance with subsection (i) and shall certify any such reduction of sep-
35  aration distances.
36    (h)  Any new construction or new expansion of a confined feed-
37  ing facility shall meet or exceed the following requirements in sep-
38  aration distances from any habitable structure:
39    (1)  1320 feet for facilities with an animal unit capacity of 300
40  to 999; and
41    (2)  4000 feet for facilities with an animal unit capacity of 1,000
42  or more.
43    (i)  The separation distance requirements of subsection (h) shall
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 1  not apply if such person newly constructing or newly expanding a
 2  confined feeding facility obtains a written agreement from all own-
 3  ers of habitable structures which are within the separation distance
 4  stating such owners are aware of such construction or expansion
 5  and have no objections to such construction or expansion. The writ-
 6  ten agreement shall be filed in the register of deeds office of the
 7  county in which the habitable structure is located. The secretary
 8  may reduce separation distance requirements if: (1) No substantial
 9  objection from owners of habitable structures within the separation
10  distance is received in response to public notice; or (2) the board
11  of county commissioners of the county where the confined feeding
12  facility is located submits a written request seeking a reduction of
13  separation distances.
14    (j)  The separation distances required pursuant to subsection (h)
15  shall not apply to:
16    (1)  Confined feeding facilities which are permitted or certified
17  by the secretary on the effective date of this act;
18    (2)  confined feeding facilities which exist on the effective date
19  of this act and register with the secretary before July 1, 1996; or
20    (3)  expansion of a confined feeding facility, including any ex-
21  pansion for which an application is pending on the effective date of
22  this act, if: (A) In the case of a facility with an animal unit capacity
23  of 1,000 or more prior to the effective date of this act, the expansion
24  is located at a distance not less than the distance between the facility
25  and the nearest habitable structure prior to the expansion; or (B)
26  in the case of a facility with an animal unit capacity of less than
27  1,000 prior to the effective date of this act and, the expansion is
28  located at a distance not less than the distance between the facility
29  and the nearest habitable structure prior to the expansion the ani-
30  mal unit capacity of the facility after expansion does not exceed
31  2,000.
32    (k)  All plans and specifications submitted to the department for new
33  construction or new expansion of confined feeding facilities may be, but
34  are not required to be, prepared by a professional engineer or a consult-
35  ant.
36    Sec. 2 3.  K.S.A. 1996 Supp. 65-3406 65-171d and 65-3406 are is
37  hereby repealed.
38    Sec. 3 4.  This act shall take effect and be in force from and after its
39  publication in the statute book.