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12  AN ACT concerning solid waste; relating to issuance of certain permits;
13    [concerning application of certain requirements;] amending
14    [K.S.A. 12-2123 and 19-2658 and] K.S.A. 1996 Supp. 65-3407 and
15    repealing the existing section [sections].
16
17  Be it enacted by the Legislature of the State of Kansas:
18    Section 1.  K.S.A. 1996 Supp. 65-3407 is hereby amended to read as
19  follows: 65-3407. (a) It shall be unlawful for any person to construct, alter
20  or operate a solid waste processing facility or a solid waste disposal area
21  of a solid waste management system, except for clean rubble disposal
22  sites, without first obtaining a permit from the secretary.
23    (b)  Every person desiring to obtain a permit to construct, alter or
24  operate a solid waste storage, treatment or processing facility or disposal
25  area shall make application for such a permit on forms provided for such
26  purpose by the rules and regulations of the secretary and shall provide
27  the secretary with such information as necessary to show that the facility
28  or area will comply with the purpose of this act. Upon receipt of any
29  application and payment of the application fee, the secretary, with advice
30  and counsel from the local health authorities and the county commission,
31  shall make an investigation of the proposed solid waste processing facility
32  or disposal area and determine whether it complies with the provisions
33  of this act and any rules and regulations and standards adopted there-
34  under. The secretary also may consider the need for the facility or area
35  in conjunction with the county or regional solid waste management plan.
36  When the investigation reveals that the facility or area does conform with
37  the provisions of the act and the rules and regulations and standards
38  adopted thereunder the secretary shall approve the application and shall
39  issue a permit for the operation of each solid waste processing or disposal
40  facility or area set forth in the application. In the event that the facility
41  or area fails to meet the rules and regulations and standards required by
42  this act the secretary shall issue a report to the applicant stating the de-
43  ficiencies in the application. The secretary may issue temporary permits
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 1  conditioned upon corrections of construction methods being completed
 2  and implemented.
 3    (c)  Before reviewing any application for permit, the secretary shall
 4  conduct a background investigation of the applicant. The secretary shall
 5  consider the financial, technical and management capabilities of the ap-
 6  plicant as conditions for issuance of a permit. The secretary may reject
 7  the application prior to conducting an investigation into the merits of the
 8  application if the secretary finds that:
 9    (1)  The applicant currently holds, or in the past has held, a permit
10  under this section and while the applicant held a permit under this section
11  the applicant violated a provision of subsection (a) of K.S.A. 65-3409, and
12  amendments thereto; or
13    (2)  the applicant previously held a permit under this section and that
14  permit was revoked by the secretary; or
15    (3)  the applicant failed or continues to fail to comply with any of the
16  provisions of the air, water or waste statutes, including rules and regula-
17  tions issued thereunder, relating to environmental protection or to the
18  protection of public health in this or any other state or the federal gov-
19  ernment of the United States, or any condition of any permit or license
20  issued by the secretary; or if the secretary finds that the applicant has
21  shown a lack of ability or intention to comply with any provision of any
22  law referred to in this subsection or any rule and regulation or order or
23  permit issued pursuant to any such law as indicated by past or continuing
24  violations; or
25    (4)  the applicant is a corporation and any principal, shareholder, or
26  other person capable of exercising total or partial control of such corpo-
27  ration could be determined ineligible to receive a permit pursuant to
28  subsection (c)(1), (2) or (3) above.
29    (d)  Before reviewing any application for a permit, the secretary may
30  request that the attorney general perform a comprehensive criminal back-
31  ground investigation of the applicant; or in the case of a corporate appli-
32  cant, any principal, shareholder or other person capable of exercising total
33  or partial control of the corporation. The secretary may reject the appli-
34  cation prior to conducting an investigation into the merits of the appli-
35  cation if the secretary finds that serious criminal violations have been
36  committed by the applicant or a principal of the corporation.
37    (e)  The fees for a solid waste processing or disposal permit shall be
38  established by rules and regulations adopted by the secretary. The fee for
39  the application and original permit shall not exceed $5,000. The annual
40  permit renewal fee shall not exceed $2,000. No refund shall be made in
41  case of revocation. In establishing fees for a construction and demolition
42  landfill, the secretary shall adopt a differential fee schedule based upon
43  the volume of construction and demolition waste to be disposed of at
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 1  such landfill. All fees shall be deposited in the state treasury and credited
 2  to the solid waste management fund. A city, county, other political sub-
 3  division or state agency shall be exempt from payment of the fee but shall
 4  meet all other provisions of this act.
 5    (f)  Plans, designs and relevant data for the construction of solid waste
 6  processing facilities and disposal sites shall be prepared by a professional
 7  engineer licensed to practice in Kansas and shall be submitted to the
 8  department for approval prior to the construction, alteration or operation
 9  of such facility or area. In adopting rules and regulations, the secretary
10  may specify sites, areas or facilities where the environmental impact is
11  minimal and may waive such preparation requirements provided that a
12  review of such plans is conducted by a professional engineer licensed to
13  practice in Kansas.
14    (g)  Each permit granted by the secretary, as provided in this act, shall
15  be subject to such conditions as the secretary deems necessary to protect
16  human health and the environment and to conserve the sites. Such con-
17  ditions shall include approval by the secretary of the types and quantities
18  of solid waste allowable for processing or disposal at the permitted loca-
19  tion.
20    (h)  As a condition of granting a permit to operate any processing
21  facility or disposal area for solid waste, the secretary shall require the
22  permittee to provide a trust fund, surety bond, cash bond, a secured trust
23  fund, irrevocable letter of credit or insurance to pay costs of closure and
24  postclosure cleanup, or shall require the permittee to meet a financial
25  test established by the secretary for closure and postclosure, which test
26  may be met by a permittee's ad valorem taxing power. In addition, the
27  secretary shall require the permittee to provide liability insurance, in-
28  cluding coverage against sudden and nonsudden occurrences, or any com-
29  bination thereof, in such amount as determined necessary by the secretary
30  to insure the financial responsibility of the permittee for any: (1) Oper-
31  ational activities contemplated by the act, rules and regulations adopted
32  pursuant thereto, and the permit; and (2) liability incurred in the oper-
33  ation of the facility or area and to insure that, upon abandonment, ces-
34  sation or interruption of the operation of the facility or area, all appro-
35  priate measures are taken to prevent present or future damage to human
36  health and the environment. Any such liability insurance as may be re-
37  quired pursuant to this subsection or pursuant to the rules and regulations
38  of the secretary shall be issued by an insurance company authorized to
39  do business in Kansas or by a licensed insurance agent operating under
40  authority of K.S.A. 40-246b, and amendments thereto, and shall be sub-
41  ject to the insurer's policy provisions filed with and approved by the com-
42  missioner of insurance pursuant to K.S.A. 40-216, and amendments
43  thereto, except as authorized by K.S.A. 40-246b, and amendments
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 1  thereto. Nothing contained in this subsection shall be deemed to apply
 2  to any state agency or department or agency of the federal government.
 3    (i)  Permits granted by the secretary, as provided in this act: (1) Shall
 4  not be transferable; and (2) shall be revocable or subject to suspension
 5  whenever the secretary shall determine that the solid waste processing
 6  or disposal facility or area is, or has been constructed or operated in
 7  violation of this act or the rules and regulations or standards adopted
 8  pursuant to the act, or is creating or threatens to create a hazard to per-
 9  sons or property in the area or to the environment, or is creating or
10  threatens to create a public nuisance, or upon the failure to make payment
11  of any fee required under this act. The secretary also may revoke, suspend
12  or refuse to issue a permit when the secretary determines that past or
13  continuing violations of the provisions of subsection (c)(3) of K.S.A. 65-
14  3407, and amendments thereto, have been committed by a permittee, or
15  any principal, shareholder or other person capable of exercising partial
16  or total control over a permittee.
17    (j)  In case any permit is denied, suspended or revoked the person,
18  city, county or other political subdivision or state agency may request a
19  hearing before the secretary in accordance with K.S.A. 65-3412, and
20  amendments thereto.
21    (k) (1)  No permit to construct or operate a solid waste disposal area
22  shall be issued on or after the effective date of this act if such area is
23  located within 1/2 mile of a navigable stream used for interstate commerce
24  or within one mile of an intake point for any public surface water supply
25  system.
26    (2)  Any permit, issued before the effective date of this act, to con-
27  struct or operate a solid waste disposal area is hereby declared void if
28  such area is not yet in operation and is located within 1/2 mile of a navi-
29  gable stream used for interstate commerce or within one mile of an intake
30  point for any public surface water supply system.
31    (3)  The provisions of this subsection shall not be construed to pro-
32  hibit: (A) Issuance of a permit for lateral expansion onto land contiguous
33  to a permitted solid waste disposal area in operation on the effective date
34  of this act; (B) issuance of a permit for a solid waste disposal area for
35  disposal of a solid waste by-product produced on-site; (C) renewal of an
36  existing permit for a solid waste area in operation on the effective date
37  of this act; or (D) activities which are regulated under K.S.A. 65-163
38  through 65-165 or 65-171d, and amendments thereto.
39    (l)  No permit for a solid waste processing facility or solid waste dis-
40  posal area shall be issued pursuant to this section unless the county, group
41  of counties or designated city responsible for the development and adop-
42  tion of a solid waste management plan for the area where the facility or
43  area is or will be located certifies to the secretary that the facility or area
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 1  is consistent with the plan. The provisions of this subsection shall not
 2  apply to a solid waste disposal area for disposal of only solid waste pro-
 3  duced on site from manufacturing and industrial processes.
 4    (l)  Before reviewing any application for a solid waste processing
 5  facility or solid waste disposal area, the secretary shall require the
 6  following information as part of the application:
 7    (1)  Certification by the board of county commissioners or the
 8  mayor of a designated city responsible for the development and
 9  adoption of the solid waste management plan for the location where
10  the processing facility or disposal area is or will be located that the
11  processing facility or disposal area is consistent with the plan. This
12  certification shall not apply to a solid waste disposal area for dis-
13  posal of only solid waste produced on site from manufacturing and
14  industrial processes or from on-site construction or demolition ac-
15  tivities.
16    (2)  If the location is zoned, certification by the local planning
17  and zoning authority that the processing facility or disposal area is
18  consistent with local land use restrictions or, if the location is not
19  zoned, certification from the board of county commissioners that
20  the processing facility or disposal area is compatible with surround-
21  ing land use.
22    [Sec. 2.  K.S.A. 12-2123 is hereby amended to read as follows:
23     12-2123. (a) Whenever the governing body of any city finds and
24  determines by resolution that it is necessary to acquire a site or
25  sites for the disposal of refuse or solid waste as defined by K.S.A.
26  65-3402(a) and amendments thereto within or without the city, it the
27  city may acquire such site or sites by gift, purchase or condemna-
28  tion and may construct necessary facilities thereon and purchase
29  necessary equipment for the disposal of such refuse or solid waste.
30  In the event the governing body of such city finds that it is nec-
31  essary to acquire such site or sites by condemnation, the governing
32  body of the city shall proceed under the provisions of K.S.A. 26-
33  501 to 26-516 inclusive, and amendments thereto. Whenever any
34  such city shall so condemn such a site or sites, said city shall acquire
35  a fee simple title thereto. In order to pay for such site or sites and
36  the construction of all such necessary facilities and equipment to
37  be used in the disposal of refuse or solid waste, the governing body
38  of such city is authorized to issue general bonds of the city in the
39  manner provided by law for the issuance of general improvements
40  bonds of the city.
41    [(b)  Any site or sites acquired pursuant to this section, and any fa-
42  cilities or equipment thereon, shall be subject to all permit and other
43  requirements of the solid waste management laws of this state.
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 1    [Sec. 3.  K.S.A. 19-2658 is hereby amended to read as follows:
 2     19-2658. (a) The board of county commissioners of any county is
 3  hereby authorized to acquire by lease, condemnation or purchase,
 4  lands to be used as a site for the disposal of refuse. ``Refuse'' for
 5  the purposes of this act shall include garbage, trash and solid
 6  waste. Upon the acquisition of any such site, the board may build
 7  or construct any necessary buildings, incinerators or other struc-
 8  tures or improvements thereon and may acquire or make use of
 9  any equipment presently owned by the county necessary for the
10  proper, effective and sanitary disposal of refuse. If the board of
11  county commissioners shall deem it to be in the best interests of
12  the county, such board may in lieu of acquiring a site as herein-
13  before authorized, contract with any city or cities located within
14  such county and having a refuse disposal site, for the use of such
15  disposal site upon such terms and conditions as may be agreed
16  upon by the board of county commissioners and the governing
17  body of the city and may acquire equipment or make use of any
18  equipment presently owned by the county pursuant thereto.
19    [(b)  Any site acquired pursuant to this section, and any structures,
20  improvements or equipment thereon, shall be subject to all permit and
21  other requirements of the solid waste management laws of this state.]
22    Sec. 2 [4].  [K.S.A. 12-2123 and 19-2658 and] K.S.A. 1996 Supp.
23  65-3407 is [are] hereby repealed.
24    Sec. 3 [5].  This act shall take effect and be in force from and after
25  its publication in the statute book.