Session of 1998
SENATE BILL No. 427
By Committee on Energy and Natural Resources
1-14
9
AN ACT concerning fees for disposal of solid
waste; amending K.S.A.
10 1997 Supp. 65-3415b
and repealing the existing section.
11
12 Be it enacted by the Legislature of the
State of Kansas:
13 Section 1. K.S.A. 1997 Supp.
65-3415b is hereby amended to read
14 as follows: 65-3415b. (a) Except
for construction and demolition landfills
15 and industrial solid waste
landfills, There is hereby imposed a state solid
16 waste tonnage fee of $1.00
$1.50 for each ton or equivalent volume of
17 solid waste disposed of at any solid waste
disposal area in this state.
18 (b) There is hereby
imposed a state solid waste tonnage fee of $1.00
19 for each ton or equivalent volume
of construction and demolition waste
20 disposed of at any construction and
demolition landfill and solid waste
21 disposed at any industrial solid
waste landfill, other than waste enumer-
22 ated in subsection
(c).
23 (c)
(b) The fees fee imposed by this
section shall not apply to:
24 (1) Any waste tire,
as defined by subsection (j) of K.S.A. 65-3424, and
25 amendments thereto, disposed in or
at a permitted solid waste disposal
26 area;
27 (2)
(1) Any of the following wastes when disposed of at a
monofill
28 permitted by the department:
29 (A) Sludges from public
drinking water supply treatment plants;
30 (B) cement kiln dust from the
manufacture of portland and masonry
31 cement;
32 (C) flue gas desulfurization
sludge, fly ash and bottom ash from coal-
33 fired electric generating facilities;
and
34 (D) foundry sand;
35 (3)
(2) clean rubble;
36 (4)
(3) solid waste solely consisting of vegetation from land
clearing
37 and grubbing, utility maintenance and
seasonal or storm-related cleanup
38 but such exception shall not apply to yard
waste; and
39 (5)
(4) construction and demolition waste disposed of by the
state of
40 Kansas, or by any city or county in the
state of Kansas, or by any person
41 on behalf thereof.
42 (d)
(c) The operator of a solid waste disposal area shall pay
the fee
43 imposed by this section.
SB 427
2
1 (e)
(d) The secretary of health and environment shall
administer, en-
2 force and collect the fee imposed by
this section. Except as otherwise
3 provided by subsections (a)
and (b) this section, all laws and rules and
4 regulations of the secretary of
revenue relating to the administration,
5 enforcement and collection of the
retailers' sales tax shall apply to such
6 fee insofar as they can be made
applicable, and the secretary of health
7 and environment shall adopt such
additional rules and regulations as nec-
8 essary for the efficient and
effective administration, enforcement and col-
9 lection thereof.
10 (f)
(e) The secretary of health and environment shall remit
daily to
11 the state treasurer all moneys collected
from fees the fee imposed pur-
12 suant to subsections (a) and
(b) this section. Upon receipt thereof, the
13 state treasurer shall deposit the entire
amount in the state treasury and
14 credit it to the solid waste management
fund created by K.S.A. 65-3415a
15 and amendments thereto.
16 Sec. 2. K.S.A. 1997 Supp.
65-3415b is hereby repealed.
17 Sec. 3. This act shall take
effect and be in force from and after Jan-
18 uary 1, 1999, and its publication in the
statute book.
19