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 9  AN ACT concerning solid waste; relating to construction and demolition
10    waste; amending K.S.A. 1996 Supp. 65-3402 and repealing the existing
11    section.
12
13  Be it enacted by the Legislature of the State of Kansas:
14    Section 1.  K.S.A. 1996 Supp. 65-3402 is hereby amended to read as
15  follows: 65-3402. As used in this act, unless the context otherwise re-
16  quires:
17    (a)  ``Solid waste'' means garbage, refuse and other discarded mate-
18  rials including, but not limited to, solid, semisolid, sludges, liquid and
19  contained gaseous waste materials resulting from industrial, commercial,
20  agricultural and domestic activities. Solid waste does not include hazard-
21  ous wastes as defined by subsection (f) of K.S.A. 65-3430, and amend-
22  ments thereto, recyclables or the waste of domestic animals as described
23  by subsection (a)(1) of K.S.A. 65-3409, and amendments thereto.
24    (b)  ``Solid waste management system'' means the entire process of
25  storage, collection, transportation, processing, and disposal of solid wastes
26  by any person engaging in such process as a business, or by any state
27  agency, city, authority, county or any combination thereof.
28    (c)  ``Solid waste processing facility'' means incinerator, compost plant,
29  transfer station, reclamation facility or any other location where solid
30  wastes are consolidated, temporarily stored, salvaged or otherwise proc-
31  essed prior to being transported to a final disposal site. This term does
32  not include a scrap material recycling and processing facility.
33    (d)  ``Solid waste disposal area'' means any area used for the disposal
34  of solid waste from more than one residential premises, or one or more
35  commercial, industrial, manufacturing or municipal operations.
36    (e)  ``Person'' means individual, partnership, firm, trust, company, as-
37  sociation, corporation, individual or individuals having controlling or ma-
38  jority interest in a corporation, institution, political subdivision, state
39  agency or federal department or agency.
40    (f)  ``Waters of the state'' means all streams and springs, and all bodies
41  of surface or groundwater, whether natural or artificial, within the bound-
42  aries of the state.
43    (g)  ``Secretary'' means the secretary of health and environment.
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 1    (h)  ``Department'' means the Kansas department of health and en-
 2  vironment.
 3    (i)  ``Disposal'' means the discharge, deposit, injection, dumping, spill-
 4  ing, leaking or placing of any solid waste into or on any land or water so
 5  that such solid waste or any constituent thereof may enter the environ-
 6  ment or be emitted into the air or discharged into any water.
 7    (j)  ``Open dumping'' means the disposal of solid waste at any solid
 8  waste disposal area or facility which is not permitted by the secretary
 9  under the authority of K.S.A. 65-3407, and amendments thereto, or the
10  disposal of solid waste contrary to rules and regulations adopted pursuant
11  to K.S.A. 65-3406, and amendments thereto.
12    (k)  ``Generator'' means any person who produces or brings into ex-
13  istence solid waste.
14    (l)  ``Monitoring'' means all procedures used to (1) systematically in-
15  spect and collect data on the operational parameters of a facility, an area
16  or a transporter, or (2) to systematically collect and analyze data on the
17  quality of the air, groundwater, surface water or soils on or in the vicinity
18  of a solid waste disposal facility or area.
19    (m)  ``Closure'' means the permanent cessation of active disposal op-
20  erations, abandonment of the disposal area, revocation of the permit or
21  filling with waste of all areas and volume specified in the permit and
22  preparing the area for the long-term care.
23    (n)  ``Postclosure'' means that period of time subsequent to closure of
24  a solid waste disposal area when actions at the site must be performed.
25    (o)  ``Reclamation facility'' means any location at which material con-
26  taining a component defined as a hazardous substance pursuant to K.S.A.
27  65-3452a and amendments thereto is processed.
28    (p)  ``Designated city'' means a city or group of cities which, through
29  interlocal agreement with the county in which they are located, is dele-
30  gated the responsibility for preparation, adoption or implementation of
31  the county solid waste plan.
32    (q)  ``Nonhazardous special waste'' means any solid waste designated
33  by the secretary as requiring extraordinary handling in a solid waste dis-
34  posal area.
35    (r)  ``Recyclables'' means any scrap materials that can be used as a
36  replacement for virgin material in manufacturing, including but not lim-
37  ited to ferrous metals, scrap paper products, scrap plastics and nonferrous
38  metals. Nonferrous metals shall be defined by rule and regulation.
39    (s)  ``Scrap material processing industry'' means any person who ac-
40  cepts, processes and markets recyclables.
41    (t)  ``Scrap material recycling and processing facility'' means a fixed
42  location that utilizes machinery and equipment for processing only re-
43  cyclables.
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 1    (u)  ``Construction and demolition waste'' means solid waste resulting
 2  from the construction, remodeling, repair and demolition of structures,
 3  roads, sidewalks and utilities; untreated wood and untreated sawdust from
 4  any source; solid waste consisting of motor vehicle window glass; and solid
 5  waste consisting of vegetation from land clearing and grubbing, utility
 6  maintenance, and seasonal or storm-related cleanup. Such wastes include,
 7  but are not limited to, bricks, concrete and other masonry materials, roof-
 8  ing materials, soil, rock, wood, wood products, wall covering, plaster, dry-
 9  wall, plumbing fixtures, electrical wiring, electrical components contain-
10  ing no hazardous materials and, nonasbestos insulation. It and
11  construction related packaging other than packaging for paint, adhesive
12  or similar chemicals. ``Construction and demolition waste'' shall not in-
13  clude asbestos waste, garbage, cardboard other than construction related
14  packaging, furniture, appliances, electrical equipment containing hazard-
15  ous materials, tires, drums and containers even though such wastes re-
16  sulted from construction and demolition activities. Clean rubble that is
17  mixed with other construction and demolition waste during demolition
18  or transportation shall be considered to be construction and demolition
19  waste.
20    (v)  ``Construction and demolition landfill'' means a permitted solid
21  waste disposal area used exclusively for the disposal on land of construc-
22  tion and demolition wastes. This term shall not include a site that is used
23  exclusively for the disposal of clean rubble.
24    (w)  ``Clean rubble'' means inert uncontaminated construction and
25  demolition waste which includes concrete and concrete products, rein-
26  forcing steel, asphalt pavement, brick, soil or rock.
27    Sec. 2.  K.S.A. 1996 Supp. 65-3402 is hereby repealed.
28    Sec. 3.  This act shall take effect and be in force from and after its
29  publication in the statute book.