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