Session of 2000
SENATE BILL No. 658
By Committee on Federal and State Affairs
3-8
10 AN ACT
concerning hazardous waste; amending K.S.A. 65-3433, 65-
11 3439, 65-3445 and
65-3458 and K.S.A. 1999 Supp. 65-3430, 65-3431
12 and 65-3441 and
repealing the existing sections.
13
14 Be it enacted by the Legislature of the
State of Kansas:
15 Section
1. K.S.A. 1999 Supp. 65-3430 is hereby amended to read as
16 follows: 65-3430. As used in K.S.A. 65-3430
to 65-3447, and amendments
17 thereto:
18
(a) ``Department'' means the Kansas department of health
and
19 environment.
20 (b) ``Disposal''
means the discharge, deposit, injection, dumping,
21 spilling, leaking or placing of any
hazardous waste into or on any land or
22 water so that such hazardous waste or any
constituent thereof may enter
23 the environment or be emitted into the air
or discharged into any waters,
24 including groundwater.
25 (c) ``Facility''
means all contiguous land, structures and other appur-
26 tenances and improvements on the land
utilized for the purpose of treat-
27 ing, storing, or disposing
of hazardous waste. A facility may consist of
28 several treatment,
storage, or disposal operational units.
29 (d) ``Generator''
means any person, by site, whose act or process pro-
30 duces hazardous waste or whose act first
causes a hazardous waste to
31 become subject to regulation.
32 (e)
(1) ``Hazardous waste'' means any waste or
combination of wastes
33 which, because of its quantity,
concentration or physical, chemical, bio-
34 logical or infectious characteristics or as
otherwise determined by the
35 secretary to cause,:
(A) Causes or significantly contribute
contributes to
36 an increase in mortality or an increase in
serious irreversible or incapac-
37 itating reversible illness; or
pose (B) poses a substantial present or
poten-
38 tial hazard to human health or the
environment when improperly treated,
39 stored, transported or disposed of or
otherwise managed.
40
(2) Hazardous waste shall not include:
(1) (A) Household waste;
(2)
41 (B) agricultural waste returned to
the soil as fertilizer; (3) (C) mining
42 waste and overburden from the extraction,
beneficiation and processing
43 of ores and minerals, if returned to the
mine site; (4) (D) drilling fluids,
2
1 produced waters and other wastes
associated with the exploration, de-
2 velopment and production of crude
oil, natural gas or geothermal energy;
3 (5) (E) fly
ash, bottom ash, slag and flue gas emission control wastes
4 generated primarily from the
combustion of coal or other fossil fuels; (6)
5 (F) cement kiln dust; or
(7) (G) materials listed in 40 CFR 261.4,
as in
6 effect on July 1, 1983, or any later
version as established in rules and
7 regulations adopted by the
secretary.
8
(f) ``Hazardous waste disposal facility''
means a facility or part of a
9 facility: (1) At which
hazardous waste is treated,; (2) at which
hazardous
10 waste is stored; or (3) at
which hazardous waste is disposed and at
which
11 waste will remain after
closure. Such term also shall mean
``Hazardous
12 waste facility'' includes a
hazardous waste injection well.
13 (g) ``Hazardous
waste management'' means the systematic control of
14 the collection, source separation, storage,
transportation, processing,
15 treatment, recovery and disposal of
hazardous waste.
16 (h) ``Hazardous
waste transfer facility'' means any hazardous waste
17 transportation-related facility, other than
the location of generation or of
18 final treatment or disposal, that, during
the course of transportation,
19 serves as an area for the accumulation,
consolidation, distribution or trans-
20 fer of hazardous waste shipments, including
loading docks, parking areas,
21 rail spurs and other similar areas where
shipments of hazardous waste are
22 held during the normal course of
transportation. ``Hazardous waste trans-
23 fer facility'' does not include hazardous
waste disposal facilities or per-
24 mitted household hazardous waste
facilities.
25 (i) ``Manifest''
means the form prescribed by the secretary to be used
26 for identifying the quantity, composition,
origin, routing and destination
27 of hazardous waste during its
transportation from the point of generation
28 to the point of disposal, treatment or
storage.
29
(j) ``Modification'' means the expansion or enlargement of a
facility
30 beyond the boundaries established by an
existing permit or any material
31 or substantial alteration or addition to an
existing permitted facility which
32 would justify the application of permit
conditions that would be materially
33 or substantially different from the
conditions of the existing permit or are
34 absent from the existing permit.
35
(k) ``Monitoring'' means all procedures used to (1)
systematically in-
36 spect and collect samples or require
information and copy records or data
37 on the operational parameters of a
facility, generator or a transporter; or
38 (2) to systematically collect and analyze
data on the quality of the air,
39 groundwater, surface water or soil on or in
the vicinity of a hazardous
40 waste generator, transporter or
facility.
41 (l) ``Off-site
facility'' means a facility where treatment, storage or dis-
42 posal activities are conducted by a person
other than the hazardous waste
43 generator.
3
1
(m) ``On-site facility'' means a facility which is solely
owned and op-
2 erated by the generator exclusively
for the treatment, storage or disposal
3 of wastes which have been generated
on the contiguous property and
4 includes the same or geographically
contiguous property which may be
5 divided by public or private
right-of-way, provided the entrance and exit
6 between the properties is at a
crossroads intersection and access is by
7 crossing and not going along the
right-of-way or noncontiguous properties
8 owned by the same person but
connected by a right-of-way which the
9 person controls and to which the
public does not have access.
10 (n) ``Permit''
means the document issued to a person by the secretary
11 which allows such person to construct and
operate a hazardous waste
12 treatment, storage or
disposal facility in the state.
13 (o) ``Person''
means an individual, trust, firm, joint stock company,
14 federal agency, corporation, including a
government corporation, part-
15 nership, state, municipality, commission,
political subdivision of a state or
16 any interstate body.
17 (p) ``Secretary''
means the secretary of the department of health and
18 environment.
19 (q) ``Storage''
means the holding of hazardous waste for a temporary
20 period at the end of which the hazardous
waste is treated, disposed of or
21 stored elsewhere.
22
(r) ``Transporter'' means any person who is engaged in the
off-site
23 transportation of hazardous waste by air,
rail, land, highway or water.
24 (s) ``Treatment''
means any method, technique, or process,
including
25 neutralization, designed to change the
physical, chemical or biological
26 character or composition of any hazardous
waste so as to neutralize such
27 waste or so as to recover energy or
material resources from the waste, to
28 render such waste nonhazardous,
or; less hazardous,; safer
to transport,
29 store or dispose of
or; amenable for recovery, amenable
for or storage;
30 or reduced in volume.
31 (t) ``Waste''
means any garbage, refuse, sludge or other discarded
32 material which is abandoned or committed to
treatment, storage or dis-
33 posal, including solid, liquid,
semisolid, or contained gaseous materials
34 resulting from industrial, commercial,
mining, community and agricul-
35 tural activities. Waste does not include
solid or dissolved materials in
36 domestic sewage, in
or irrigation return flows, or solid or
dissolved ma-
37 terials or industrial discharges which are
point sources subject to permits
38 under K.S.A. 65-165, and amendments
thereto.
39 (u) ``Acutely
hazardous waste'' means a commercial chemical product
40 or manufacturing chemical intermediate
having a generic name listed in
41 40 CFR 261.33(e), as in effect on July 1,
1984, or any later version as
42 established in rules and regulations
adopted by the secretary; or an off-
43 specification commercial chemical product
or manufacturing chemical
4
1 intermediate which, if either met
specifications, would have a generic
2 name listed in 40 CFR 261.33(e), as
in effect on July 1, 1984, or any later
3 version as established in rules and
regulations adopted by the secretary.
4
(v) ``Underground injection'' means the subsurface emplacement
of
5 fluids through a well for which a
permit has been issued by the secretary.
6 (w) ``Land
treatment'' means the practice of applying hazardous
7 waste onto or incorporating hazardous
waste into the soil surface so that
8 it degrades or decomposes and renders
the waste nonhazardous.
9 (x) ``Above
ground storage'' means the placement of containerized
10 hazardous waste into an above ground
structure for a temporary period
11 prior to the reuse or ultimate treatment or
disposal of such waste.
12 (y) ``Closure
plan'' means a written document which identifies the
13 procedures by which the owner or operator
of a hazardous waste man-
14 agement facility will
close such facility so as to control, minimize or elim-
15 inate, to the extent necessary to prevent a
threat to human health and the
16 environment, post-closure escape of
hazardous waste, hazardous waste
17 constituents, leachate, contaminated
rainfall or waste decomposition
18 products to the ground, groundwater,
surface waters or to the
19 atmosphere.
20
(z) ``Post-closure plan'' means the written document which
identifies
21 the procedures by which the owner or
operator of a hazardous waste
22 management facility shall
provide, for a minimum of 30 years, for ground-
23 water protection, site security and
maintenance of cover and leachate
24 collection systems.
25 Sec.
2. K.S.A. 1999 Supp. 65-3431 is hereby amended to read as
26 follows: 65-3431. The secretary is
authorized and directed to:
27 (a) Adopt such
rules and regulations, standards and procedures rel-
28 ative to hazardous waste management as may
be necessary to protect the
29 public health and environment and enable
the secretary to carry out the
30 purposes and provisions of this act.
31 (b) Report to the
legislature on further assistance needed to admin-
32 ister the hazardous waste management
program.
33 (c) Administer
the hazardous waste management program pursuant
34 to provisions of this act.
35 (d) Cooperate
with appropriate federal, state, interstate and local
36 units of government and with appropriate
private organizations in carry-
37 ing out the duties under this act.
38 (e) Develop a
statewide hazardous waste management plan.
39 (f) Provide
technical assistance, including the training of personnel,
40 to industry, local units of government and
the hazardous waste manage-
41 ment industry to meet the requirements of
this act.
42 (g) Initiate,
conduct and support research, demonstration
projects,
43 and investigations and coordinate all state
agency research programs with
5
1 applicable federal programs
pertaining to hazardous waste management.
2
(h) Establish policies for effective hazardous waste
management.
3
(i) Authorize issuance of such permits and orders, conduct
inspec-
4 tions and collect samples or require
information and copy records or data
5 as may be necessary to implement the
provisions of this act and the rules
6 and regulations and standards adopted
pursuant to this act.
7 (j) Conduct
and contract for research and investigations in the overall
8 area of hazardous waste storage,
collection, transportation, treatment, re-
9 covery and disposal including, but
not limited to, new and novel
10 procedures.
11 (k) Adopt rules
and regulations establishing criteria for identifying
12 the characteristics of hazardous waste and
for listing hazardous waste.
13 The secretary shall prepare and keep
current a listing of hazardous wastes
14 and set of characteristics based on the
rules and regulations adopted pur-
15 suant to this subsection. The listing shall
identify, but need not be inclu-
16 sive of, all the hazardous waste subject to
the provisions of this act. The
17 criteria for identification and listing
shall be consistent with the criteria
18 for identification and listing adopted by
the administrator of the United
19 States environmental protection agency
under the authority vested in the
20 administrator by the Resource Conservation
and Recovery Act of 1976
21 (42 USC 6921) as amended by the Solid Waste
Disposal Act of 1980 (P.L.
22 94-482, October 21, 1980), and as amended
by the Hazardous and Solid
23 Waste Act of 1984 (P.L. 98-616, November 8,
1984).
24 (l) Adopt rules
and regulations establishing: (1) Appropriate measures
25 for monitoring generators, transporters and
facilities during operation,
26 during closure, and
after closure of such facilities to insure compliance
27 with the rules and regulations adopted
under this act and any permit
28 issued under this act; (2) procedures to
suspend operation of such gen-
29 erators, transporters or facilities as may
be required to protect the public
30 health and safety or the environment; and
(3) appropriate measures to
31 insure that any use of a hazardous waste
disposal facility after closure will
32 not endanger the public health or safety or
the environment.
33 (m) Adopt rules
and regulations establishing standards for hazardous
34 waste generators including, but not limited
to, notification of hazardous
35 waste generation, reporting, recordkeeping,
labeling, containerization,
36 source separation, storage, manifests,
monitoring, sampling and analysis
37 and manner of filing notifications, reports
and manifests.
38 (n) Adopt rules
and regulations prescribing the form of the manifest
39 and requiring such manifest to accompany
any hazardous waste collected,
40 transported, treated, recovered or disposed
of, and prescribing the con-
41 tents of the manifest which shall include,
but not be limited to, the quan-
42 tity and composition of the hazardous
waste, generator, transporter, des-
43 tination, facility and the manner of
signing and filing of the manifest and
6
1 for the maintenance of records.
2 (o) Adopt
rules and regulations establishing standards for routes used
3 for transporting hazardous waste
within the state with the concurrence
4 of the state corporation commission.
Such standards shall be consistent
5 with those of the United States
department of transportation and the state
6 corporation commission, with respect
to transportation of hazardous ma-
7 terials. Motor vehicles which are
used for the transportation of hazardous
8 waste in accordance with this act
shall be exempt from the requirements
9 of K.S.A. 66-1,108 et seq. and
amendments thereto, and any rules and
10 regulations adopted thereunder pertaining
to routes which shall be under
11 the jurisdiction of the secretary as
provided in this act including any rules
12 and regulations adopted thereunder.
Otherwise such motor vehicles shall
13 be subject to the requirements of K.S.A.
66-1,108 et seq. and amendments
14 thereto, and any rules and regulations
adopted thereunder.
15 (p) Adopt rules
and regulations establishing standards for transport-
16 ers of hazardous waste including, but not
limited to, notification of haz-
17 ardous waste transport, manifests,
labeling, recordkeeping and the filing
18 of reports.
19 (q) Adopt rules
and regulations establishing standards and procedu-
20 res to protect public health and the
environment from any release of
21 hazardous waste into the environment and to
insure the prompt correc-
22 tion of any such release and damage
resulting therefrom by the person
23 transporting, handling or managing such
hazardous waste.
24 (r) Adopt rules
and regulations requiring that, for such period of time
25 as the secretary shall specify, any
assignment, sale, conveyance or transfer
26 of all or any part of the real property
upon which a hazardous waste
27 treatment, storage or
disposal facility is or has been located shall be sub-
28 ject to such terms and conditions as to the
use of such property as the
29 secretary shall specify to protect human
health and the environment.
30 (s) Adopt rules
and regulations establishing a permit system which
31 includes standards for hazardous
waste facilities and procedures for im-
32 plementation of a permit system for the
construction, alteration, or op-
33 eration of a hazardous waste
treatment, storage or disposal facility in-
34 cluding, but not limited to, content of
applications, evidence of financial
35 responsibility, existing hydrogeological
characteristics, environmental as-
36 sessment, training of personnel,
maintenance of operations, qualifications
37 of ownership, continuity of operation,
public notification and participation
38 and compliance with those standards
established pursuant to subsection
39 (t).
40 (t) Adopt rules
and regulations establishing minimum standards for
41 the design, location, construction,
alteration, operation, termination, clos-
42 ing and long-term care of hazardous
waste facilities for the treatment,
43 storage or disposal of hazardous
waste, including, but not limited to, no-
7
1 tification of hazardous waste
treatment, storage or disposal, general fa-
2 cility standards, contingency plans,
emergency procedures, manifest sys-
3 tem, recordkeeping, inspections,
monitoring, reporting, closure and
4 postclosure plans and financial
requirements. The operator of the facility
5 shall be responsible for long-term
care of the facility for 30 years after
6 closure of the facility except that
the secretary may modify the long-term
7 care requirements for any facility
when all hazardous waste is removed
8 from the facility at closure. The
secretary may extend the long-term care
9 responsibility of any operator of a
facility as the secretary may deem nec-
10 essary to protect the public health and
safety or the environment. Any
11 person acquiring rights of possession or
operation of any hazardous waste
12 facility permitted by the secretary
for the treatment, storage or disposal
13 of hazardous waste at any
time after the facility has begun to accept waste
14 and prior to the end of the required period
of long-term care shall be
15 subject to all of the requirements, terms
and conditions of the permit for
16 the facility including all requirements
relating to long-term care of the
17 facility. The sale or acquisition of a
hazardous waste disposal facility dur-
18 ing the long-term care period shall be
subject to the assignment of long-
19 term care responsibilities as determined by
the secretary.
20 (u) Adopt rules
and regulations establishing a schedule of annual fees
21 to be paid to the secretary by: (1) Persons
owning or operating hazardous
22 waste treatment, storage or
disposal facilities; (2) hazardous waste trans-
23 porters; or (3) hazardous waste generators
producing or bringing into
24 existence hazardous waste in Kansas. The
fees shall be for monitoring
25 facilities both during and after operation,
for monitoring generators of
26 hazardous waste in Kansas and for
monitoring the transportation of haz-
27 ardous wastes. The fees shall be sufficient
to reimburse the cost of the
28 state in performing these monitoring
responsibilities. The fee established
29 under this subsection for each hazardous
waste facility shall not exceed
30 $50,000 annually. In setting fees, the
secretary may exempt those fees
31 which would be payable by generators for
hazardous waste which is
32 treated to recover substantial amounts of
either energy or materials from
33 hazardous wastes. The secretary shall remit
at least monthly any moneys
34 collected from such fees to the state
treasurer. Upon receipt of any such
35 remittance, the state treasurer shall
deposit the entire amount thereof in
36 the state treasury to the credit of the
hazardous waste management fund
37 created by K.S.A. 1999 Supp. 65-3491 and
amendments thereto.
38 (v)
(1) Adopt rules and regulations establishing a schedule of
fees to
39 be paid to the secretary by applicants for
permits to construct, modify or
40 operate a hazardous waste facility. The
fees established under this sub-
41 section shall not exceed $175,000 for each
application submitted. These
42 fees shall be based upon resources required
to review the application, the
43 type of facility, quantity of waste
processed, type of waste processed,
8
1 degree of hazard and potential impact
upon human health and
2 environment.
3 (2) The
secretary shall remit at least monthly any money collected
4 pursuant to this subsection to the
state treasurer. Upon receipt of any
5 such remittance, the state treasurer
shall deposit the entire amount
6 thereof in the state treasury to the
credit of the hazardous waste man-
7 agement fund created by K.S.A. 1999
Supp. 65-3491 and amendments
8 thereto.
9 (w)
(1) Adopt rules and regulations establishing a schedule of
fees to
10 be paid to the secretary by off-site
hazardous waste treatment and disposal
11 facilities at which hazardous waste is
treated and off-site hazardous waste
12 facilities at which hazardous waste is
disposed and will remain after clo-
13 sure. In establishing fees, the
secretary shall give consideration to the
14 degree of hazard, energy content, quantity
of waste, costs of treatment
15 or disposal, and estimated
future receipts. Fees shall be in an amount not
16 to exceed $.01 per pound of hazardous waste
treated, or burned for en-
17 ergy or material recovery. In no event
shall the fees established under
18 this subsection exceed the following annual
calendar year caps: $60,000
19 for a facility which burns hazardous waste
for energy or material recovery
20 only; $200,000 for a facility which burns
hazardous waste for treatment
21 or disposal only. Facilities which burn
hazardous waste for: (i) (A) Energy
22 or material recovery; and
(ii) (B) treatment or disposal shall be
subject to
23 a total facility cap of $200,000, which
includes a separate cap of $60,000
24 for hazardous wastes which are burned for
energy or material recovery.
25 The secretary shall establish a
differential fee schedule for hazardous
26 wastes based upon waste characteristics
which is consistently applied to
27 all facilities which burn hazardous wastes.
In all other cases, fees shall be
28 in an amount not to exceed $.05 per pound
of hazardous waste disposed.
29 (2) The secretary
shall remit at least monthly any money collected
30 pursuant to this subsection to the state
treasurer. Upon receipt of any
31 such remittance, the state treasurer shall
deposit the entire amount
32 thereof in the state treasury to the credit
of the hazardous waste man-
33 agement fund created by K.S.A. 1999 Supp.
65-3491 and amendments
34 thereto, except that 25% of any such
deposit shall be deposited to the
35 credit of the hazardous waste collection
fund created by K.S.A. 65-3460
36 and amendments thereto.
37 (x) Encourage,
coordinate or participate in one or more waste
38 exchange clearing houses for the purpose of
promoting reuse and recy-
39 cling of industrial wastes.
40 (y) Adopt rules
and regulations establishing the criteria to specify
41 when a change of principal owners or
management of a hazardous waste
42 treatment, storage or
disposal facility occurs and under what circum-
43 stances and procedures a new permit shall
be required to be issued to
9
1 the transferees of a facility which
was permitted to the transferor.
2 (z) Adopt
rules and regulations concerning the generation, transpor-
3 tation, storage, blending, marketing,
burning and types of hazardous
4 waste for which any method, technique
or process to recover energy will
5 be considered hazardous waste
treatment. Such rules and regulations
6 should specify a minimum heat value
of the waste so as to ensure that a
7 legitimate energy recovery will occur
and should consider other charac-
8 teristics of the waste which are
appropriate to ensure that such method,
9 technique or process for energy
recovery will not pose a threat to the
10 public health or environment.
11 Sec.
3. K.S.A. 65-3433 is hereby amended to read as follows:
65-
12 3433. (a) After the effective date of this
act, no person shall modify or
13 construct an off-site hazardous waste
disposal facility without a permit
14 issued by the secretary under this act.
15 (b) Upon receipt
of an application for a permit to construct a
an off-
16 site hazardous waste facility which
complies with the requirements of this
17 section, the secretary shall:
18 (1) Publish a
notice once per week for three consecutive weeks in a
19 newspaper having major circulation in the
county in which the facility is
20 proposed to be located. The required
published notice shall contain a
21 map indicating the location of the proposed
facility and shall contain a
22 description of the proposed action and the
location where the permit
23 application and related documents may be
reviewed and where copies
24 may be obtained. The notice shall describe
the procedure by which the
25 permit may be granted. The secretary shall
transmit a copy of the notice
26 to the clerk of any city which is located
within three miles of the proposed
27 facility.
28 (2) Review the
plans of the proposed facility to determine if the pro-
29 posed operation complies with this act and
the rules and regulations
30 promulgated under this act. The review
shall include but not be limited
31 to air quality, water quality, waste
management and hydrogeology. If the
32 facility review, the plan
review, and the application meet the
requirements
33 of this act and the rules and regulations
promulgated under this act, the
34 secretary shall approve construction or
modification of the facility which
35 approval may contain conditions
specifically applicable to the facility and
36 operation. An expansion, enlargement or
modification of a facility beyond
37 the specified areas indicated in the
existing permit constitutes a new pro-
38 posal for which a new construction permit
application is required.
39 (c) The secretary
shall approve or deny a construction permit appli-
40 cation within 240 days after the secretary
receives an application meeting
41 the requirements of this section except
such time period shall not apply
42 to an application for a license to be
issued under the authority of K.S.A.
43 48-1607, and amendments thereto. If the
secretary approves an applica-
10
1 tion, the secretary immediately shall
notify the applicant. If the secretary
2 denies an application, the secretary
shall notify the applicant in writing
3 of the reasons for the denial. No
local ordinance, permit or other require-
4 ments may prohibit the construction
or modification of such a facility or
5 restrict transportation to the
facility.
6 Sec.
4. K.S.A. 65-3439 is hereby amended to read as follows:
65-
7 3439. (a) Permits for hazardous waste
treatment, storage and disposal
8 facilities shall be issued for fixed
terms not to exceed 10 years.
9 (b) Plans,
designs and relevant data for the construction of hazardous
10 waste treatment, storage and
disposal facilities shall be prepared by a
11 professional engineer licensed to practice
in Kansas and shall be submit-
12 ted to the department for approval prior to
the construction, modification
13 or operation of such a facility. In
adopting rules and regulations, the sec-
14 retary may specify sites, areas or
facilities where the environmental impact
15 is minimal and may waive the requirement
that plans and designs for on-
16 site storage or treatment facilities be
prepared by a professional engineer.
17 (c) Each permit
granted by the secretary, as provided in this act, shall
18 be subject to such conditions as the
secretary deems necessary to protect
19 human health and the environment and to
conserve the sites. Such con-
20 ditions shall include approval by the
secretary of the types and quantities
21 of hazardous waste allowable for storage,
treatment or disposal at the
22 permitted location and, in the case of
underground injection wells, min-
23 imum pretreatment standards established by
the secretary.
24 (d) The secretary
shall not issue a permit for a hazardous waste un-
25 derground injection well unless such
methodology is deemed the most
26 reasonable method of disposing of the
hazardous waste after considering
27 the health and environmental effects,
alternative treatment and disposal
28 technologies and economic impact relating
to such well.
29 (e) Permits
granted by the secretary, as provided in this act, shall be
30 revocable or subject to suspension
whenever the secretary shall determine
31 that the hazardous waste treatment,
storage or disposal for failure to pay
32 any fee as required by this act or if
the secretary determines that:
33 (1) A
hazardous waste facility is, or has been
constructed or con-
34 ducted operated in
violation of this act or the rules and regulations or
35 standards adopted pursuant to the
act, or is creating a hazard to the public
36 health or safety or to the
environment, or for failure to make payment of
37 any fee to any funds created under
this act. The secretary also may revoke
38 or suspend a permit when the
secretary determines that;
39 (2) the
permittee has committed, or past or continuing
violations
40 such that an original permit application
would be denied under the pro-
41 visions of subsection (c)(3) of K.S.A.
65-3437, and amendments thereto;
42 or
43 (3) in the
case of a corporate permittee, when the permittee
or, any
11
1 person who holds an interest in or
exercises total or partial control of or
2 does business with the permittee or
a any principal of the corporation is
3 the principal of another corporation
which has committed past or contin-
4 uing violations such that an original
permit application would be denied
5 under the provisions of
paragraph (3) of subsection (c)(3) of
K.S.A. 65-
6 3437, and amendments thereto.
7 (f) In case
any permit is denied, suspended or revoked, any person
8 aggrieved by such decision may
request a hearing before the secretary in
9 accordance with K.S.A. 65-3440, and
amendments thereto.
10 Sec.
5. K.S.A. 1999 Supp. 65-3441 is hereby amended to read as
11 follows: 65-3441. (a) It shall be unlawful
for any person to:
12 (1) Dump or
deposit, or permit the dumping or depositing of, any
13 hazardous waste regulated by this act into
any facility which does not
14 comply with the provisions of this act or
rules or regulations, standards
15 or orders of the secretary, but this
provision shall not prohibit: (A) The
16 use of hazardous wastes in normal farming
operations or in the processing
17 or manufacturing of other products in a
manner that will not adversely
18 affect the public health or
environment,; or (B) a generator who
peri-
19 odically produces a quantity of hazardous
waste less than the quantity
20 regulated under subsection (k) of K.S.A.
65-3431, and amendments
21 thereto, from disposing such quantity of
hazardous waste into a facility
22 approved by the department which has a
permit issued under K.S.A. 65-
23 3407, and amendments thereto.
24 (2) Construct,
modify or operate a hazardous waste storage,
treat-
25 ment or disposal facility
without a permit or other required written ap-
26 proval from the secretary or to be in
violation of the rules and regulations,
27 standards or orders of the secretary.
28 (3) Violate any
condition of any permit issued by the secretary.
29 (4) Store,
collect, treat or dispose of hazardous waste contrary to the
30 rules and regulations, standards or orders
of the secretary.
31 (5) Refuse or
hinder entry, inspection, sampling and the examination
32 or copying of records related to the
purposes of this act by an agent or
33 employee of the secretary after such agent
or employee identifies and
34 gives notice of their purpose at any
time.
35 (6) Knowingly
make any false material statement or representation
36 in any application, label, manifest,
record, report, permit or other docu-
37 ment filed, maintained or used for purposes
of compliance with this act.
38 (7) Knowingly
destroy, alter or conceal any record required to be
39 maintained under rules and regulations
promulgated by the secretary pur-
40 suant to this act.
41 (8) Fail to
designate on a manifest a facility which is authorized to
42 operate under the federal hazardous waste
program or under a state haz-
43 ardous waste program which has received
approval to operate in lieu of
12
1 the federal hazardous waste
program.
2
(9) Transport hazardous waste to a facility which is not
authorized to
3 operate under the federal hazardous
waste program or under a state haz-
4 ardous waste program which has
received approval to operate in lieu of
5 the federal hazardous waste
program.
6 (10) Add,
mix or blend any hazardous waste with fuel oil or any other
7 fuel intended for use by residential
consumers or sell such blended fuel
8 to a residential consumer.
9
(11) Transport and dispose of, or cause the transportation and
dis-
10 position of, hazardous waste in a manner
contrary to the rules and reg-
11 ulations, standards or orders of the
secretary. It shall not constitute a
12 defense to the generator that the generator
acted through an independent
13 contractor in the transportation or
disposition of the hazardous waste.
14 (12) Operate a
hazardous waste transfer facility at which hazardous
15 waste is transferred from one or more
containers to one or more different
16 containers. The provisions of this
subsection shall not apply to overpack-
17 ing of hazardous waste containers when the
overpack containers are
18 marked with labels that contain all the
information on the original labels.
19 (b) Any person
who violates any provision of paragraphs (1) to (10),
20 inclusive, of subsection (a) shall be
guilty of a class A nonperson misde-
21 meanor and, upon conviction thereof, shall
be punished as provided by
22 law. Any person who violates any provision
of paragraph (11) or (12) of
23 subsection (a) shall be guilty of a
severity level 10, nonperson felony and,
24 upon conviction thereof, shall be punished
as provided by law.
25 (c) Any person
who knowingly violates any provisions of paragraphs
26 (1) to (12), inclusive, of subsection (a)
shall be guilty of a severity level 6,
27 nonperson felony and, in the case of a
continuing violation, every day
28 such violation continues shall be deemed a
separate violation, and, upon
29 conviction thereof, shall be punished as
provided by law.
30 (d) Any
individual who violates any of the provisions of paragraphs
31 (1) to (12), inclusive, of subsection (a)
shall be legally responsible to the
32 same extent as if such acts were in the
individual's own name or on the
33 individual's own behalf.
34 (e) The county or
district attorney of every county shall file appro-
35 priate actions for enforcement of this
section upon request of the secre-
36 tary or upon the county or district
attorney's own motion after consulta-
37 tion with the secretary.
38 (f) No person
shall be held responsible for failure to secure a permit
39 under the provisions of this section for
the dumping or depositing of any
40 hazardous waste on land owned or leased by
such person without their
41 expressed or implied consent, permission or
knowledge.
42 Sec.
6. K.S.A. 65-3445 is hereby amended to read as follows:
65-
43 3445. (a) Notwithstanding any other
provision of this act, upon receipt of
13
1 information that the storage,
transportation, treatment or disposal of any
2 hazardous waste may present a
substantial hazard to the health of persons
3 or to the environment or for a
threatened or actual violation of this act
4 or any rules or regulations adopted
pursuant thereto or any orders issued
5 pursuant thereto or any permit
conditions required thereby, the secretary
6 may take such action as may be
necessary to protect the health of persons
7 or the environment. The action the
secretary may take shall include, but
8 not be limited to:
9 (1) Issuing
an order directing the owner, generator, transporter or
10 operator of the storage, treatment
or disposal hazardous waste facility or
11 site, or the custodian of the waste, which
constitutes the hazard, to take
12 such steps as are necessary to prevent the
act or eliminate the practice
13 which constitutes the hazard. The action
may include, with respect to a
14 facility or site, permanent or temporary
cessation of operation.
15 (2) Commencing an
action to enjoin acts or practices specified in
16 subsection (a)(1) or requesting that the
attorney general or appropriate
17 district or county attorney commence an
action to enjoin those acts or
18 practices. Upon a showing by the secretary
that a person has engaged in
19 those acts or practices, a permanent or
temporary injunction, restraining
20 order or other order may be granted by any
court of competent jurisdic-
21 tion. An action for injunction under this
subsection (a)(2) shall have prec-
22 edence over other cases in respect to order
of trial.
23 (3) Applying to
the district court in the county in which an order of
24 the secretary under subsection (a)(1) will
take effect, in whole or in part,
25 for an order of that court directing
compliance with the order of the
26 secretary. Failure to obey the court order
shall be punishable as contempt
27 of the court issuing the order. The
application under this subsection (a)(3)
28 for a court order shall have precedence
over other cases in respect to
29 order of trial.
30 (b) In any civil
action brought pursuant to this section in which a
31 temporary restraining order, preliminary
injunction or permanent in-
32 junction is sought, it shall not be
necessary to allege or prove at any stage
33 of the proceeding that irreparable damage
will occur should the tempo-
34 rary restraining order, preliminary
injunction or permanent injunction not
35 be issued or that the remedy at law is
inadequate, and the temporary
36 restraining order, preliminary injunction
or permanent injunction shall
37 issue without such allegations and without
such proof.
38 (c) Any order of
the secretary pursuant to subsection (a)(1) is subject
39 to hearing and review in accordance with
K.S.A. 65-3440 and amend-
40 ments thereto.
41 Sec.
7. K.S.A. 65-3458 is hereby amended to read as follows:
65-
42 3458. (a) The underground burial of
hazardous waste produced by per-
43 sons generating quantities of such waste
greater than those specified in
14
1 K.S.A. 65-3451 and amendments thereto
is prohibited except as provided
2 by order of the secretary of health
and environment issued pursuant to
3 this act. Such prohibition shall not
be construed as prohibiting mound
4 landfill, aboveground storage, land
treatment or underground injection
5 of hazardous waste. Any existing
hazardous waste disposal facility which
6 utilizes underground burial shall
cease such practice and, with the ap-
7 proval of the secretary, shall
implement closure and postclosure plans for
8 all units of the facility in which
hazardous wastes have been disposed of
9 underground.
10 (b) (1) The
secretary shall decide whether or not an exception to the
11 prohibition against underground burial of
hazardous waste shall be
12 granted for a particular hazardous waste.
No decision to grant an excep-
13 tion shall be rendered unless it is
demonstrated to the secretary that,
14 except for underground burial, no
economically reasonable or technolog-
15 ically feasible methodology exists for the
disposal of a particular hazardous
16 waste. The procedures for obtaining an
exception to the prohibition
17 against underground burial of hazardous
waste shall include a public hear-
18 ing conducted in accordance with the
provisions of the Kansas adminis-
19 trative procedure act and such other
procedures as are established and
20 prescribed by rules and regulations adopted
by the secretary. Such rules
21 and regulations shall include requirements
for the form and contents of
22 a petition desiring an exception.
23 (2) Within 90
days after submission of a petition desiring an excep-
24 tion, and if the secretary decides to grant
an exception to the prohibition
25 against underground burial of hazardous
waste, the secretary of health
26 and environment shall issue an order so
providing. Any action by the
27 secretary pursuant to this section is
subject to review in accordance with
28 the act for judicial review and civil
enforcement of agency actions.
29 Sec. 8. K.S.A. 65-3433, 65-3439,
65-3445 and 65-3458 and K.S.A.
30 1999 Supp. 65-3430, 65-3431 and 65-3441 are
hereby repealed.
31 Sec. 9. This act shall
take effect and be in force from and after its
32 publication in the statute book.