Session of 2000
HOUSE BILL No. 2734
By Representative P. Long (By Request)
1-27
9 AN ACT
concerning solid waste; relating to the disposal thereof;
amend-
10 ing K.S.A. 1999 Supp.
65-3402 and 65-3409 and repealing the existing
11 sections.
12
13 Be it enacted by the Legislature of the
State of Kansas:
14 Section
1. K.S.A. 1999 Supp. 65-3402 is hereby amended to read as
15 follows: 65-3402. As used in this act,
unless the context otherwise
16 requires:
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, composting
29 facility, household hazardous waste
facility, waste-to-energy facility, trans-
30 fer station, reclamation facility or any
other location where solid wastes
31 are consolidated, temporarily stored,
salvaged or otherwise processed
32 prior to being transported to a final
disposal site. This term does not
33 include a scrap material recycling and
processing facility.
34 (d) "Solid waste
disposal area" means any area used for the disposal
35 of solid waste from more than one
residential premises, or one or more
36 commercial, industrial, manufacturing or
municipal operations.
37 (e) "Person"
means individual, partnership, firm, trust, company, as-
38 sociation, corporation, individual or
individuals having controlling or ma-
39 jority interest in a corporation,
institution, political subdivision, state
40 agency or federal department or agency.
41 (f) "Waters of
the state" means all streams and springs, and all bodies
42 of surface or groundwater, whether natural
or artificial, within the bound-
43 aries of the state.
2
1
(g) "Secretary" means the secretary of health and
environment.
2
(h) "Department" means the Kansas department of health and
3 environment.
4
(i) "Disposal" means the discharge, deposit, injection,
dumping, spill-
5 ing, leaking or placing of any solid
waste into or on any land or water so
6 that such solid waste or any
constituent thereof may enter the environ-
7 ment or be emitted into the air or
discharged into any water.
8 (j) "Open
dumping" means the disposal of solid waste at any solid
9 waste disposal area or facility which
is not permitted by the secretary
10 under the authority of K.S.A. 65-3407, and
amendments thereto, or the
11 disposal of solid waste contrary to rules
and regulations adopted pursuant
12 to K.S.A. 65-3406, and amendments
thereto.
13 (k) "Generator"
means any person who produces or brings into ex-
14 istence solid waste.
15 (l) "Monitoring"
means all procedures used to (1) systematically in-
16 spect and collect data on the operational
parameters of a facility, an area
17 or a transporter, or (2) to systematically
collect and analyze data on the
18 quality of the air, groundwater, surface
water or soils on or in the vicinity
19 of a solid waste processing facility or
solid waste disposal area.
20 (m) "Closure"
means the permanent cessation of active disposal op-
21 erations, abandonment of the disposal area,
revocation of the permit or
22 filling with waste of all areas and volume
specified in the permit and
23 preparing the area for the long-term
care.
24 (n) "Postclosure"
means that period of time subsequent to closure of
25 a solid waste disposal area when actions at
the site must be performed.
26 (o) "Reclamation
facility" means any location at which material con-
27 taining a component defined as a hazardous
substance pursuant to K.S.A.
28 65-3452a and amendments thereto or as an
industrial waste pursuant to
29 this section is processed.
30 (p) "Designated
city" means a city or group of cities which, through
31 interlocal agreement with the county in
which they are located, is dele-
32 gated the responsibility for preparation,
adoption or implementation of
33 the county solid waste plan.
34 (q) "Nonhazardous
special waste" means any solid waste designated
35 by the secretary as requiring extraordinary
handling in a solid waste dis-
36 posal area.
37 (r) "Recyclables"
means any materials that will be used or reused, or
38 prepared for use or reuse, as an ingredient
in an industrial process to
39 make a product, or as an effective
substitute for a commercial product.
40 "Recyclables" includes, but is not limited
to, paper, glass, plastic, munic-
41 ipal water treatment residues, as defined
by K.S.A. 65-163 and amend-
42 ments thereto, and metal, but does not
include yard waste.
43 (s) "Scrap
material processing industry" means any person who ac-
3
1 cepts, processes and markets
recyclables.
2 (t) "Scrap
material recycling and processing facility" means a fixed
3 location that utilizes machinery and
equipment for processing only
4 recyclables.
5
(u) "Construction and demolition waste" means solid waste
resulting
6 from the construction, remodeling,
repair and demolition of structures,
7 roads, sidewalks and utilities;
untreated wood and untreated sawdust from
8 any source; solid waste consisting of
motor vehicle window glass; and solid
9 waste consisting of vegetation from
land clearing and grubbing, utility
10 maintenance, and seasonal or storm-related
cleanup. Such wastes include,
11 but are not limited to, bricks, concrete
and other masonry materials, roof-
12 ing materials, soil, rock, wood, wood
products, wall or floor coverings,
13 plaster, drywall, plumbing fixtures,
electrical wiring, electrical compo-
14 nents containing no hazardous materials,
nonasbestos insulation and con-
15 struction related packaging. "Construction
and demolition waste" shall
16 not include waste material containing
friable asbestos, garbage, furniture,
17 appliances, electrical equipment containing
hazardous materials, tires,
18 drums and containers even though such
wastes resulted from construction
19 and demolition activities. Clean rubble
that is mixed with other construc-
20 tion and demolition waste during demolition
or transportation shall be
21 considered to be construction and
demolition waste.
22 (v) "Construction
and demolition landfill" means a permitted solid
23 waste disposal area used exclusively for
the disposal on land of construc-
24 tion and demolition wastes. This term shall
not include a site that is used
25 exclusively for the disposal of clean
rubble.
26 (w) "Clean
rubble" means inert uncontaminated construction and
27 demolition waste which includes concrete
and concrete products, rein-
28 forcing steel, asphalt pavement, brick,
soil or rock.
29 (x) "Industrial
waste" means all solid waste resulting from manufac-
30 turing, commercial and industrial processes
which is not suitable for dis-
31 charge to a sanitary sewer or treatment in
a community sewage treatment
32 plant or is not beneficially used in a
manner that meets the definition of
33 recyclables. Industrial waste includes, but
is not limited to: Mining wastes
34 from extraction, beneficiation and
processing of ores and minerals unless
35 those minerals are returned to the mine
site; fly ash, bottom ash, slag and
36 flue gas emission wastes generated
primarily from the combustion of coal
37 or other fossil fuels; cement kiln dust;
waste oil and sludges; waste oil
38 filters; and fluorescent lamps.
39 (y) "Composting
facility" means any facility that composts wastes and
40 has a composting area larger than one-half
acre.
41 (z) "Household
hazardous waste facility" means a facility established
42 for the purpose of collecting, accumulating
and managing household haz-
43 ardous waste and may also include small
quantity generator waste or ag-
4
1 ricultural pesticide waste, or both.
Household hazardous wastes are con-
2 sumer products that when discarded
exhibit hazardous characteristics.
3
(aa) "Waste-to-energy facility" means a facility that
processes solid
4 waste to produce energy or fuel.
5
(bb) "Transfer station" means any facility where solid wastes
are
6 transferred from one vehicle to
another or where solid wastes are stored
7 and consolidated before being
transported elsewhere, but shall not in-
8 clude a collection box provided for
public use as a part of a county-op-
9 erated solid waste management system
if the box is not equipped with
10 compaction mechanisms or has a volume
smaller than 20 cubic yards.
11 (cc) "Municipal
solid waste landfill" means a solid waste disposal area
12 where residential waste is placed for
disposal. A municipal solid waste
13 landfill also may receive other
nonhazardous wastes, including commer-
14 cial solid waste, sludge and industrial
solid waste.
15
(dd) "Construction related packaging" means small quantities
of
16 packaging wastes that are generated in the
construction, remodeling or
17 repair of structures and related
appurtenances. "Construction related
18 packaging" does not include packaging
wastes that are generated at retail
19 establishments selling construction
materials, chemical containers gen-
20 erated from any source or packaging wastes
generated during mainte-
21 nance of existing structures.
22
(ee) "Processing" means incineration, composting, baling or
tempo-
23 rary storage or salvaging of solid waste
prior to transportation to a final
24 disposal site.
25 New Sec.
2. (a) On and after January 1, 2001, no solid waste proc-
26 essing facility or solid waste disposal
area shall engage in processing or
27 disposal of solid waste unless such solid
waste first is inspected by an
28 agent or employee of the secretary prior to
compression or baling of such
29 waste. Each solid waste disposal area
located inside this state, and each
30 solid waste processing facility located
inside or outside this state and proc-
31 essing solid waste for disposal in this
state, shall have on the premises of
32 such area or facility, at all times that
the area or facility is open for busi-
33 ness, an agent or employee of the secretary
whose responsibility it is to
34 inspect solid waste as required by this
subsection.
35 (b) The secretary
may employ or designate such persons as necessary
36 to make inspections required by this
section, including such persons as
37 necessary to inspect solid waste at
locations outside this state before im-
38 portation of such waste into this
state.
39 (c) The secretary
may adopt such rules and regulations as necessary
40 to administer and enforce the provisions of
this section.
41 New Sec.
3. (a) The secretary may fix, charge and collect annual
fees
42 in amounts necessary to pay the direct and
indirect costs of inspections
43 required by section 2 and amendments
thereto. The secretary shall adopt
5
1 rules and regulations fixing such
fees and periodically shall increase or
2 decrease such fees consistent with
the need to cover the direct and in-
3 direct costs of such inspections.
4 (b) There
is hereby established in the state treasury the solid waste
5 inspection fee fund. Revenue from the
following sources shall be depos-
6 ited in the state treasury and
credited to the fund:
7 (1) Fees
collected under subsection (a); and
8
(2) interest attributable to investment of moneys in the
fund.
9 (c) Moneys
deposited in the solid waste inspection fee fund shall be
10 expended only for the purpose of
administering and enforcing the pro-
11 visions of section 2 and amendments thereto
and for no other purposes.
12 (d) On or before
the 10th day of each month, the director of accounts
13 and reports shall transfer from the state
general fund to the solid waste
14 inspection fee fund the amount of money
certified by the pooled money
15 investment board in accordance with this
subsection. Prior to the 10th
16 day of each month, the pooled money
investment board shall certify to
17 the director of accounts and reports the
amount of money equal to the
18 proportionate amount of all the interest
credited to the state general fund
19 for the preceding month, pursuant to K.S.A.
75-4210a and amendments
20 thereto, that is attributable to moneys in
the solid waste inspection fee
21 fund. Such amount of money shall be
determined by the pooled money
22 investment board based on: (1) The average
daily balance of moneys in
23 the solid waste inspection fee fund during
the preceding month as cer-
24 tified to the board by the director of
accounts and reports; and (2) the
25 average interest rate on repurchase
agreements of less than 30 days' du-
26 ration entered into by the pooled money
investment board for that period.
27 On or before the fifth day of each month,
the director of accounts and
28 reports shall certify to the pooled money
investment board the average
29 daily balance of moneys in the solid waste
inspection fee fund during the
30 preceding month.
31 (e) All
expenditures from the solid waste inspection fee fund shall be
32 made in accordance with appropriation acts
upon warrants of the director
33 of accounts and reports issued pursuant to
vouchers approved by the
34 secretary for the purposes set forth in
this section.
35 New Sec.
4. (a) The secretary shall require each person importing
36 solid waste into this state for processing
or disposal in this state to file
37 with the secretary surety bond or other
security in an amount and form
38 required by the secretary to assure
compliance with all laws of this state
39 regarding solid waste and hazardous
waste.
40 (b) The secretary
shall require each person operating a solid waste
41 disposal area in this state to file with
the secretary surety bond or other
42 security in an amount and form required by
the secretary to assure po-
43 stclosure maintenance of such solid waste
disposal area.
6
1 Sec.
5. K.S.A. 1999 Supp. 65-3409 is hereby amended to read as
2 follows: 65-3409. (a) It shall be
unlawful for any person to:
3 (1) Dispose
of any solid waste by open dumping, but this provision
4 shall not prohibit: (A) The use of
solid wastes in normal farming opera-
5 tions or in the processing or
manufacturing of other products in a manner
6 that will not create a public
nuisance or adversely affect the public health;
7 or (B) an individual
from dumping or depositing solid wastes resulting
8 from such individual's own
residential or agricultural activities onto the
9 surface of land owned or leased by
such individual when such wastes do
10 not create a public nuisance or adversely
affect the public health or the
11 environment; or (C) the operation of a
composting facility.
12 (2) Except as
otherwise provided by K.S.A. 1999 Supp. 65-3407c, and
13 amendments thereto, construct, alter
or operate a solid waste storage,
14 processing or disposal facility or area of
a solid waste management system
15 without a permit or be in violation of the
rules and regulations, standards
16 or orders of the secretary.
17 (3) Violate any
condition of any permit issued under K.S.A. 65-3407,
18 and amendments thereto.
19 (4) Conduct any
solid waste burning operations in violation of the
20 provisions of the Kansas air quality
act.
21 (5) Store,
collect, transport, process, treat or dispose of solid waste
22 contrary to the rules and regulations,
standards or orders of the secretary
23 or in such a manner as to create a public
nuisance.
24 (6) Refuse or
hinder entry, inspection, sampling and the examination
25 or copying of records related to the
purposes of this act by an agent or
26 employee of the secretary after such agent
or employee identifies and
27 gives notice of their purpose.
28 (7) Violate
subsection (b) of K.S.A. 65-3424a, subsection (c) of K.S.A.
29 65-3424b or K.S.A. 65-3424i, and amendments
thereto.
30 (8) On and
after January 1, 2001, engage in processing of disposal of
31 any solid waste at a solid waste
processing facility or solid waste disposal
32 area unless such waste has been
inspected as required by section 2 and
33 amendments thereto.
34 (9) On and
after January 1, 2001, fail to file with the secretary bond
35 or other security as required pursuant
to section 4 and amendments
36 thereto.
37 (b) No person
shall be held responsible for failure to secure a permit
38 under the provisions of this section for
the dumping or depositing of any
39 solid waste on land owned or leased by such
person without such person's
40 expressed or implied consent, permission or
knowledge.
41 (c) Any person
who violates any provision of subsection (a) shall be
42 guilty of a class A misdemeanor and, upon
conviction thereof, shall be
43 punished as provided by law.
7
1 Sec. 6. K.S.A. 1999 Supp.
65-3402 and 65-3409 are hereby repealed.
2 Sec. 7. This act
shall take effect and be in force from and after its
3 publication in the statute book.