CHAPTER 103
HOUSE BILL No. 2861
An Act concerning waste; relating to hazardous waste and waste
tires; amending K.S.A. 65-
3433, 65-3439, 65-3445 and 65-3458 and K.S.A. 1999 Supp. 65-3424,
65-3424a, 65-
3424f, 65-3424g, 65-3424m, 65-3430, 65-3431 and 65-3441 and
repealing the existing
sections.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 1999 Supp.
65-3424 is hereby amended to read as
follows: 65-3424. As used in K.S.A. 65-3424 through 65-3424i,
and
amendments thereto, unless the context otherwise requires:
(a) ``Abatement'' means the processing or
removing to an approved
storage site of waste tires which are creating a danger or
nuisance.
(b) ``Beneficial use'' means the use or
storage of waste tires in a way
that creates an on-site economic benefit, other than from
processing or
recycling, to the owner of the tires.
(c) ``Contaminated waste tire'' means a
tire which, as determined in
accordance with rules and regulations adopted by the secretary, is
recov-
ered in a project to abate a waste tire accumulation and is so
coated by
or filled with dirt, mud, sludge or other natural substances as to
render
the tire substantially unsuitable for processing.
(d) ``Landfill'' means a disposal site in
which the method of disposing
of solid waste is by landfill, dump or pit and which has a solid
waste
disposal area permit issued under K.S.A. 65-3401 et seq., and
amend-
ments thereto.
(e) ``Mobile waste tire processor'' means
a person who processes
waste tires at other than a fixed site.
(f) ``Municipal landfill'' means a
landfill where residential waste, or
residential and other nonhazardous waste, is placed for
disposal.
(g) ``Person'' means any individual,
association, partnership, limited
partnership, corporation or other entity.
(h) ``Process'' means bale or cut or
otherwise alter whole waste tires
so that they are no longer whole.
(i) ``Secretary'' means the secretary of
health and environment.
(j) ``Store'' or ``storage'' means the
placing of waste tires in a manner
that does not constitute disposal of the waste tires. Storage
includes the
beneficial use of waste tires as silo covers and such other
beneficial uses
as the secretary determines do not create health or environmental
risks.
(k) ``Tire'' means a continuous solid or
pneumatic rubber covering
encircling used to encircle the wheel of a
vehicle or aircraft, or an inner-
tube of such a covering.
(l) ``Tire retailer'' means a person in
the business of selling new or
used replacement tires at retail.
(m) ``Used tire'' means a tire that:
(1) Has been removed from a wheel
following a period of use and has been determined by its
owner to have
reuse potential as a tire or remains on a wheel
removed from a vehicle or
aircraft following a period use; and (2) has been determined to
have value
in accordance with rules and regulations established pursuant to
subsec-
tion (e)(7) of K.S.A. 65-3424b, and amendments thereto.
(n) ``Vehicle'' has the meaning provided
by K.S.A. 8-1485 and amend-
ments thereto and includes implements of husbandry, as defined
by
K.S.A. 8-1427 and amendments thereto.
(o) ``Waste tire'' means a whole tire
that: (1) Has been removed from
a wheel following a period of use or remains on a wheel removed
from a
vehicle or aircraft following a period of use; and (2) is no
longer suitable
for its original intended purpose because of wear, damage or
defect.
(p) ``Waste tire collection center''
means a site where used or waste
tires are collected from the public or from customers of a business
prior
to being offered for recycling or disposal.
(q) ``Waste tire processing facility''
means a fixed site where equip-
ment is used to process waste tires.
(r) ``Waste tire site'' means a site at
which 1,000 or more whole waste
tires are accumulated. ``Waste tire site'' does not include: (1) A
site that
is an integral part of a permitted waste tire processing facility;
(2) an
accumulation of tires on the premises of a tire retreading
business, for
use in the business; (3) an accumulation of tires on the premises
of a
business that, in the ordinary course of business, removes tires
from mo-
tor vehicles; or (4) an accumulation of tires on the premises of a
tire
retailer, accumulated in the normal course of the tire retailer's
business.
Sec. 2. K.S.A. 1999 Supp. 65-3424a
is hereby amended to read as
follows: 65-3424a. (a) The owner or operator of any waste tire site
shall
provide the department with information concerning the site's
location
and size and the approximate number of waste tires that are
accumulated
at the site.
(b) No person shall:
(1) Maintain a waste tire site unless
such person holds a valid permit
issued for such site pursuant to K.S.A. 65-3424b and amendments
thereto;
(2) dispose of waste tires in the state
unless the waste tires are dis-
posed of for processing, or collected for processing, at a solid
waste proc-
essing facility, a waste tire site which is an integral part of a
waste tire
processing facility, a waste tire processing facility or a waste
tire collection
center or are made available to: (A) The department of wildlife and
parks
for use by the department; or (B) a person engaged in a farming or
ranch-
ing activity, including the operation of a feedlot as defined by
K.S.A. 47-
1501, and amendments thereto, as long as the accumulation has a
bene-
ficial use to the person accumulating the tires and (i) the
secretary
determines that the use has no adverse environmental effects and
(ii) the
accumulation is in accordance with all applicable zoning
regulations;
(3) deposit waste tires in a landfill as
a method of ultimate disposal,
except that the secretary, by rules and regulations, may authorize:
(A) The
final disposal, before July 1, 1999, of uncontaminated waste tires
at a
municipal landfill if the tires have been cut into sufficiently
small parts
to assure their proper disposal; (B) the final disposal of
processed waste
tires at a permitted waste tire monofill; (C) the final disposal of
contam-
inated whole, unprocessed waste tires at a municipal landfill or
permitted
waste tire monofill; (D) the use of waste tires in their original
state as
part of a proven and approved leachate collection system at a
landfill; or
(E) the use of waste tire material which has been cut into
sufficiently
small tires which have been cut into two or
more parts as daily cover
material for a landfill; or
(4) receive money in exchange for waste
tires unless: (A) The person
holds a permit issued by the secretary pursuant to K.S.A. 65-3424b,
and
amendments thereto; or (B) the person is a tire retailer who
collects waste
tires from the public in the ordinary course of business.
Sec. 3. K.S.A. 1999 Supp. 65-3424f
is hereby amended to read as
follows: 65-3424f. (a) The secretary shall establish a program to
make
abatement grants to private companies, cities and counties which,
indi-
vidually or collectively, submit to the secretary plans approved by
the
secretary. Abatement grants shall be used for: (1) Projects to
abate waste
tire accumulations in existence before July 1, 1990, but no grants
for such
projects shall be used for any tires accumulated, or added to an
existing
accumulation, on or after July 1, 1990; and (2) programs to allow
free
lawful disposal of waste tires not generated in the ordinary course
of a
business, but not more than one such program shall be conducted
per
county. Not more than one abatement grant shall be awarded to
abate
the same waste tire accumulation unless it can be demonstrated by
the
applicant that the waste tire accumulation exceeded initial
quantity esti-
mates or that unknown circumstances, identified by the applicant,
in-
creased project difficulty and cost. No abatement grant payment
shall be
made on or after July 1, 2002. In awarding abatement grants, the
secretary
shall give preference to projects which include waste tire
recycling or
energy recovery. The secretary may authorize waste tire landfilling
under
abatement grant projects if the waste tires are contaminated or if
no
practical in-state markets are identified. The secretary
shall delay waste
tire abatement grant projects until July 1, 1998, when
possible to maxi-
mize the distribution of grant funds through the in-state
market stimu-
lation program identified in paragraph
(d).
(b) The secretary shall establish
a program to make base grants to
counties which, individually or collectively, submit to the
secretary plans
approved by the secretary. Base grants shall be used to
survey the county
or counties to identify and develop an inventory of waste
tire accumula-
tions in the county or counties. Applications for base
grants shall be sub-
mitted to the secretary before January 1, 1997, and no base
grant payment
shall be made on or after January 1, 1998.
(c) (b) The
secretary shall establish a program to make enforcement
grants to counties which, individually or collectively, submit to
the sec-
retary plans approved by the secretary. Enforcement grants shall be
used
to pay the county's or counties' costs of assessing and enforcing
compli-
ance with this act and rules and regulations adopted under this act
and
to educate the public on the provisions and purposes of this act.
Enforce-
ment grants shall be for an amount not exceeding 75% of the costs
in-
curred by the county or counties for eligible costs.
(d) The secretary shall establish
a competitive private sector grant
program to stimulate the development of in-state waste tire
recycling or
energy recovery markets. The secretary shall solicit
proposals in the fiscal
year ending June 30, 1997, from private entities which
demonstrate the
long-term technical and economic feasibility of waste tire
recycling or
energy recovery projects based upon the receipt of startup
funds only
through this grant program. One or more grant awards may be
made to
applicants in the fiscal years ending June 30, 1997, and
June 30, 1998, to
pay up to 75% of the cost of constructing a new facility or
modifying an
existing facility to process, and burn for energy recovery
or recycle, waste
tires. In awarding grants pursuant to this subsection, the
secretary may
give preference to projects that do not directly compete
with existing
recycling and energy recovery projects.
(e) (c) Private
companies, cities and counties may join together, pool-
ing their financial resources, when utilizing their grants for the
purposes
described in subsection (a).
(f) (d) The
secretary may provide technical assistance, upon request,
to a private company, city, county or group of private companies,
cities
or counties desiring assistance in applying for waste tire grants
or choosing
a method of waste tire management which would be an eligible use
of
the grant funds.
(g) (e) The
secretary shall submit to the legislature, on or before the
first day of the regular legislative session each year, a report of
all grants
made pursuant to this section. The report shall include: (1) The
total
contract amounts awarded for each type of grant in each fiscal year
and,
of those amounts, the total amount awarded to individual counties,
groups
of counties and private entities; and (2) with respect to each
grant
awarded, the contract amount and type of grant, the recipient, a
descrip-
tion of the project for which the grant was awarded, the number of
tires
involved and the amount actually spent. The secretary shall submit
the
report by filing it with the secretary of the senate, the chief
clerk of the
house of representatives and the chairperson and ranking minority
mem-
ber of each of the senate and house committees on energy and
natural
resources.
Sec. 4. K.S.A. 1999 Supp. 65-3424g
is hereby amended to read as
follows: 65-3424g. (a) There is hereby established in the state
treasury
the waste tire management fund.
(b) Money from the following sources
shall be credited to the waste
tire management fund:
(1) Revenue collected from the excise tax
by K.S.A. 65-3424d and
amendments thereto;
(2) permit application and renewal fees
provided for by K.S.A. 65-
3424b and amendments thereto;
(3) interest provided for by subsection
(e);
(4) additional sources of funding such as
reimbursements and appro-
priations intended to be used for the purposes of the fund;
(5) any recoveries from abatement and
enforcement actions provided
for by K.S.A. 65-3424k and amendments thereto;
(6) any interagency fund transfers
relevant to providing business de-
velopment grants for businesses engaged in recycling or utilizing
waste
tires in resource recovery programs provided for by K.S.A. 65-3424f
and
amendments thereto; and
(7) any other moneys provided by law.
(c) Moneys in the waste tire management
fund shall be used only for
the purpose of:
(1) Making grants as provided by K.S.A.
65-3424f, and amendments
thereto;
(2) paying compensation and other
expenses of employing personnel
to carry out the duties of the secretary pursuant to K.S.A. 65-3424
through
65-3424h, and amendments thereto, but not more than the following
shall
be used for such purpose: (A) For fiscal years beginning before
July 1,
2002, 16% or $200,000, whichever amount is less, of the moneys
credited
to the fund during the preceding fiscal year; and (B) for fiscal
years be-
ginning on or after July 1, 2002, 32% or $200,000, whichever amount
is
less, of the moneys credited to the fund during the preceding
fiscal year;
(3) action by the department before July
1, 2001, to abate waste tires
accumulated prior to July 1, 1990, or to abate a nuisance or risk
to the
public health or the environment created or which could be created
by
waste tires accumulated after July 1, 1990, if the owner or
operator of the
site has not been identified or has not abated the nuisance;
(4) action by the department before
July 1, 2001, to abate waste tires
accumulated by a city or county as a result of a temporary waste
tire
amnesty collection program, authorized by the department, to
allow res-
idents of the city or county free disposal of waste tires
generated by farm-
ing and ranching activities and waste tires not generated in the
ordinary
course of any other business, provided that not more than one
such am-
nesty program is conducted by the city or county after January
1999; and
(4) (5) action by
the department after July 1, 2001, to implement
interim measures to minimize nuisances or risks to public health or
the
environment that are or could be created by waste tire
accumulations,
until the responsible party or county can fully abate the site.
(d) All expenditures from the waste tire
management fund shall be
made in accordance with appropriations acts upon warrants of the
direc-
tor of accounts and reports issued pursuant to vouchers approved by
the
secretary.
(e) On or before the 10th of each month,
the director of accounts
and reports shall transfer from the state general fund to the waste
tire
management fund interest earnings based on: (1) The average daily
bal-
ance of moneys in the waste tire management fund for the
preceding
month; and (2) the net earnings rate for the pooled money
investment
portfolio for the preceding month.
Sec. 5. K.S.A. 1999 Supp. 65-3424m
is hereby amended to read as
follows: 65-3424m. (a) The county official, or the official of a
designated
city, responsible for solid waste management in each county shall
report
to the secretary any known waste tire accumulation within the
county not
later than: (1) October 1, 1996, if the accumulation is
known before July
1, 1996; or (2) three months after the
accumulation becomes known, if
unknown before July 1, 1996.
(b) After July 1, 2001, each county shall
be responsible for abatement
of any waste tire accumulation within the county.
Sec. 6. K.S.A. 1999 Supp. 65-3430
is hereby amended to read as
follows: 65-3430. As used in K.S.A. 65-3430 to 65-3447, and
amendments
thereto:
(a) ``Department'' means the Kansas
department of health and en-
vironment.
(b) ``Disposal'' means the discharge,
deposit, injection, dumping,
spilling, leaking or placing of any hazardous waste into or on any
land or
water so that such hazardous waste or any constituent thereof may
enter
the environment or be emitted into the air or discharged into any
waters,
including groundwater.
(c) ``Facility'' means all contiguous
land, structures and other appur-
tenances and improvements on the land utilized for the purpose of
treat-
ing, storing, or disposing of hazardous waste. A
facility may consist of
several treatment, storage, or disposal
operational units.
(d) ``Generator'' means any person, by
site, whose act or process pro-
duces hazardous waste or whose act first causes a hazardous waste
to
become subject to regulation.
(e) (1) ``Hazardous waste''
means any waste or combination of wastes
which, because of its quantity, concentration or physical,
chemical, bio-
logical or infectious characteristics or as otherwise determined by
the
secretary to cause,: (A) Causes or
significantly contribute contributes to
an increase in mortality or an increase in serious irreversible or
incapac-
itating reversible illness; or pose (B)
poses a substantial present or poten-
tial hazard to human health or the environment when improperly
treated,
stored, transported or disposed of or otherwise managed.
(2) Hazardous waste shall not
include: (1) (A) Household waste;
(2)
(B) agricultural waste returned to the soil as fertilizer;
(3) (C) mining
waste and overburden from the extraction, beneficiation and
processing
of ores and minerals, if returned to the mine site;
(4) (D) drilling fluids,
produced waters and other wastes associated with the exploration,
de-
velopment and production of crude oil, natural gas or geothermal
energy;
(5) (E) fly ash, bottom ash, slag and flue
gas emission control wastes
generated primarily from the combustion of coal or other fossil
fuels; (6)
(F) cement kiln dust; or (7) (G)
materials listed in 40 CFR 261.4, as in
effect on July 1, 1983, or any later version as established in
rules and
regulations adopted by the secretary.
(f) ``Hazardous waste
disposal facility'' means a facility or part of
a
facility: (1) At which hazardous waste is
treated,; (2) at which hazardous
waste is stored; or (3) at which hazardous waste
is disposed and at which
waste will remain after closure. Such term
also shall mean ``Hazardous
waste facility'' includes a hazardous waste injection
well.
(g) ``Hazardous waste management'' means
the systematic control of
the collection, source separation, storage, transportation,
processing,
treatment, recovery and disposal of hazardous waste.
(h) ``Hazardous waste transfer facility''
means any hazardous waste
transportation-related facility, other than the location of
generation or of
final treatment or disposal, that, during the course of
transportation,
serves as an area for the accumulation, consolidation, distribution
or trans-
fer of hazardous waste shipments, including loading docks, parking
areas,
rail spurs and other similar areas where shipments of hazardous
waste are
held during the normal course of transportation. ``Hazardous waste
trans-
fer facility'' does not include hazardous waste
disposal facilities or per-
mitted household hazardous waste facilities.
(i) ``Manifest'' means the form
prescribed by the secretary to be used
for identifying the quantity, composition, origin, routing and
destination
of hazardous waste during its transportation from the point of
generation
to the point of disposal, treatment or storage.
(j) ``Modification'' means the expansion
or enlargement of a facility
beyond the boundaries established by an existing permit or any
material
or substantial alteration or addition to an existing permitted
facility which
would justify the application of permit conditions that would be
materially
or substantially different from the conditions of the existing
permit or are
absent from the existing permit.
(k) ``Monitoring'' means all procedures
used to (1) systematically in-
spect and collect samples or require information and copy records
or data
on the operational parameters of a facility, generator or a
transporter; or
(2) to systematically collect and analyze data on the quality of
the air,
groundwater, surface water or soil on or in the vicinity of a
hazardous
waste generator, transporter or facility.
(l) ``Off-site facility'' means a
facility where treatment, storage or dis-
posal activities are conducted by a person other than the hazardous
waste
generator.
(m) ``On-site facility'' means a facility
which is solely owned and op-
erated by the generator exclusively for the treatment, storage or
disposal
of wastes which have been generated on the contiguous property
and
includes the same or geographically contiguous property which may
be
divided by public or private right-of-way, provided the entrance
and exit
between the properties is at a crossroads intersection and access
is by
crossing and not going along the right-of-way or noncontiguous
properties
owned by the same person but connected by a right-of-way which
the
person controls and to which the public does not have access.
(n) ``Permit'' means the document issued
to a person by the secretary
which allows such person to construct and operate a hazardous
waste
treatment, storage or disposal facility in the
state.
(o) ``Person'' means an individual,
trust, firm, joint stock company,
federal agency, corporation, including a government corporation,
part-
nership, state, municipality, commission, political subdivision of
a state or
any interstate body.
(p) ``Secretary'' means the secretary of
the department of health and
environment.
(q) ``Storage'' means the holding of
hazardous waste for a temporary
period at the end of which the hazardous waste is treated, disposed
of or
stored elsewhere.
(r) ``Transporter'' means any person who
is engaged in the off-site
transportation of hazardous waste by air, rail, land, highway or
water.
(s) ``Treatment'' means any method,
technique, or process, including
neutralization, designed to change the physical, chemical or
biological
character or composition of any hazardous waste so as to neutralize
such
waste or so as to recover energy or material resources from the
waste, to
render such waste nonhazardous, or; less
hazardous,; safer to transport,
store or dispose of or; amenable for
recovery, amenable for or
storage;
or reduced in volume.
(t) ``Waste'' means any garbage, refuse,
sludge or other discarded
material which is abandoned or committed to treatment, storage or
dis-
posal, including solid, liquid, semisolid, or
contained gaseous materials
resulting from industrial, commercial, mining, community and
agricul-
tural activities. Waste does not include solid or dissolved
materials in
domestic sewage, in or irrigation return
flows, or solid or dissolved ma-
terials or industrial discharges which are point sources subject to
permits
under K.S.A. 65-165, and amendments thereto.
(u) ``Acutely hazardous waste'' means a
commercial chemical product
or manufacturing chemical intermediate having a generic name listed
in
40 CFR 261.33(e), as in effect on July 1, 1984, or any later
version as
established in rules and regulations adopted by the secretary; or
an off-
specification commercial chemical product or manufacturing
chemical
intermediate which, if either met specifications, would have a
generic
name listed in 40 CFR 261.33(e), as in effect on July 1, 1984, or
any later
version as established in rules and regulations adopted by the
secretary.
(v) ``Underground injection'' means the
subsurface emplacement of
fluids through a well for which a permit has been issued by the
secretary.
(w) ``Land treatment'' means the practice
of applying hazardous
waste onto or incorporating hazardous waste into the soil surface
so that
it degrades or decomposes and renders the waste nonhazardous.
(x) ``Above ground storage'' means the
placement of containerized
hazardous waste into an above ground structure for a temporary
period
prior to the reuse or ultimate treatment or disposal of such
waste.
(y) ``Closure plan'' means a written
document which identifies the
procedures by which the owner or operator of a hazardous waste
man-
agement facility will close such facility so as to
control, minimize or elim-
inate, to the extent necessary to prevent a threat to human health
and the
environment, post-closure escape of hazardous waste, hazardous
waste
constituents, leachate, contaminated rainfall or waste
decomposition
products to the ground, groundwater, surface waters or to the
atmos-
phere.
(z) ``Post-closure plan'' means the
written document which identifies
the procedures by which the owner or operator of a hazardous
waste
management facility shall provide, for a minimum
of 30 years, for ground-
water protection, site security and maintenance of cover and
leachate
collection systems.
Sec. 7. K.S.A. 1999 Supp. 65-3431
is hereby amended to read as
follows: 65-3431. The secretary is authorized and directed to:
(a) Adopt such rules and regulations,
standards and procedures rel-
ative to hazardous waste management as may be necessary to protect
the
public health and environment and enable the secretary to carry out
the
purposes and provisions of this act.
(b) Report to the legislature on further
assistance needed to admin-
ister the hazardous waste management program.
(c) Administer the hazardous waste
management program pursuant
to provisions of this act.
(d) Cooperate with appropriate federal,
state, interstate and local
units of government and with appropriate private organizations in
carry-
ing out the duties under this act.
(e) Develop a statewide hazardous waste
management plan.
(f) Provide technical assistance,
including the training of personnel,
to industry, local units of government and the hazardous waste
manage-
ment industry to meet the requirements of this act.
(g) Initiate, conduct and support
research, demonstration projects,
and investigations and coordinate all state agency research
programs with
applicable federal programs pertaining to hazardous waste
management.
(h) Establish policies for effective
hazardous waste management.
(i) Authorize issuance of such permits
and orders, conduct inspec-
tions and collect samples or require information and copy records
or data
as may be necessary to implement the provisions of this act and the
rules
and regulations and standards adopted pursuant to this act.
(j) Conduct and contract for research and
investigations in the overall
area of hazardous waste storage, collection, transportation,
treatment, re-
covery and disposal including, but not limited to, new and novel
proce-
dures.
(k) Adopt rules and regulations
establishing criteria for identifying
the characteristics of hazardous waste and for listing hazardous
waste.
The secretary shall prepare and keep current a listing of hazardous
wastes
and set of characteristics based on the rules and regulations
adopted pur-
suant to this subsection. The listing shall identify, but need not
be inclu-
sive of, all the hazardous waste subject to the provisions of this
act. The
criteria for identification and listing shall be consistent with
the criteria
for identification and listing adopted by the administrator of the
United
States environmental protection agency under the authority vested
in the
administrator by the Resource Conservation and Recovery Act of
1976
(42 USC 6921) as amended by the Solid Waste Disposal Act of 1980
(P.L.
94-482, October 21, 1980), and as amended by the Hazardous and
Solid
Waste Act of 1984 (P.L. 98-616, November 8, 1984).
(l) Adopt rules and regulations
establishing: (1) Appropriate measures
for monitoring generators, transporters and facilities during
operation,
during closure, and after closure of such
facilities to insure compliance
with the rules and regulations adopted under this act and any
permit
issued under this act; (2) procedures to suspend operation of such
gen-
erators, transporters or facilities as may be required to protect
the public
health and safety or the environment; and (3) appropriate measures
to
insure that any use of a hazardous waste disposal
facility after closure will
not endanger the public health or safety or the environment.
(m) Adopt rules and regulations
establishing standards for hazardous
waste generators including, but not limited to, notification of
hazardous
waste generation, reporting, recordkeeping, labeling,
containerization,
source separation, storage, manifests, monitoring, sampling and
analysis
and manner of filing notifications, reports and manifests.
(n) Adopt rules and regulations
prescribing the form of the manifest
and requiring such manifest to accompany any hazardous waste
collected,
transported, treated, recovered or disposed of, and prescribing the
con-
tents of the manifest which shall include, but not be limited to,
the quan-
tity and composition of the hazardous waste, generator,
transporter, des-
tination, facility and the manner of signing and filing of the
manifest and
for the maintenance of records.
(o) Adopt rules and regulations
establishing standards for routes used
for transporting hazardous waste within the state with the
concurrence
of the state corporation commission. Such standards shall be
consistent
with those of the United States department of transportation and
the state
corporation commission, with respect to transportation of hazardous
ma-
terials. Motor vehicles which are used for the transportation of
hazardous
waste in accordance with this act shall be exempt from the
requirements
of K.S.A. 66-1,108 et seq. and amendments thereto, and any
rules and
regulations adopted thereunder pertaining to routes which shall be
under
the jurisdiction of the secretary as provided in this act including
any rules
and regulations adopted thereunder. Otherwise such motor vehicles
shall
be subject to the requirements of K.S.A. 66-1,108 et seq.
and amendments
thereto, and any rules and regulations adopted thereunder.
(p) Adopt rules and regulations
establishing standards for transport-
ers of hazardous waste including, but not limited to, notification
of haz-
ardous waste transport, manifests, labeling, recordkeeping and the
filing
of reports.
(q) Adopt rules and regulations
establishing standards and procedu-
res to protect public health and the environment from any release
of
hazardous waste into the environment and to insure the prompt
correc-
tion of any such release and damage resulting therefrom by the
person
transporting, handling or managing such hazardous waste.
(r) Adopt rules and regulations requiring
that, for such period of time
as the secretary shall specify, any assignment, sale, conveyance or
transfer
of all or any part of the real property upon which a hazardous
waste
treatment, storage or disposal facility is or has
been located shall be sub-
ject to such terms and conditions as to the use of such property as
the
secretary shall specify to protect human health and the
environment.
(s) Adopt rules and regulations
establishing a permit system which
includes standards for hazardous waste facilities and
procedures for im-
plementation of a permit system for the construction,
alteration, or op-
eration of a hazardous waste treatment, storage or
disposal facility in-
cluding, but not limited to, content of applications, evidence of
financial
responsibility, existing hydrogeological characteristics,
environmental as-
sessment, training of personnel, maintenance of operations,
qualifications
of ownership, continuity of operation, public notification and
participation
and compliance with those standards established pursuant to
subsection
(t).
(t) Adopt rules and regulations
establishing minimum standards for
the design, location, construction, alteration, operation,
termination, clos-
ing and long-term care of hazardous waste facilities
for the treatment,
storage or disposal of hazardous waste,
including, but not limited to, no-
tification of hazardous waste treatment, storage or disposal,
general fa-
cility standards, contingency plans, emergency procedures, manifest
sys-
tem, recordkeeping, inspections, monitoring, reporting, closure
and
postclosure plans and financial requirements. The operator of the
facility
shall be responsible for long-term care of the facility for 30
years after
closure of the facility except that the secretary may modify the
long-term
care requirements for any facility when all hazardous waste is
removed
from the facility at closure. The secretary may extend the
long-term care
responsibility of any operator of a facility as the secretary may
deem nec-
essary to protect the public health and safety or the environment.
Any
person acquiring rights of possession or operation of any
hazardous waste
facility permitted by the secretary for the treatment,
storage or disposal
of hazardous waste at any time after the facility
has begun to accept waste
and prior to the end of the required period of long-term care shall
be
subject to all of the requirements, terms and conditions of the
permit for
the facility including all requirements relating to long-term care
of the
facility. The sale or acquisition of a hazardous waste
disposal facility dur-
ing the long-term care period shall be subject to the assignment of
long-
term care responsibilities as determined by the secretary.
(u) Adopt rules and regulations
establishing a schedule of annual fees
to be paid to the secretary by: (1) Persons owning or operating
hazardous
waste treatment, storage or disposal facilities;
(2) hazardous waste trans-
porters; or (3) hazardous waste generators producing or bringing
into
existence hazardous waste in Kansas. The fees shall be for
monitoring
facilities both during and after operation, for monitoring
generators of
hazardous waste in Kansas and for monitoring the transportation of
haz-
ardous wastes. The fees shall be sufficient to reimburse the cost
of the
state in performing these monitoring responsibilities. The fee
established
under this subsection for each hazardous waste facility shall not
exceed
$50,000 annually. In setting fees, the secretary may exempt those
fees
which would be payable by generators for hazardous waste which
is
treated to recover substantial amounts of either energy or
materials from
hazardous wastes. The secretary shall remit at least monthly any
moneys
collected from such fees to the state treasurer. Upon receipt of
any such
remittance, the state treasurer shall deposit the entire amount
thereof in
the state treasury to the credit of the hazardous waste management
fund
created by K.S.A. 1999 Supp. 65-3491 and amendments thereto.
(v) (1) Adopt rules and regulations
establishing a schedule of fees to
be paid to the secretary by applicants for permits to construct,
modify or
operate a hazardous waste facility. The fees established under this
sub-
section shall not exceed $175,000 for each application submitted.
These
fees shall be based upon resources required to review the
application, the
type of facility, quantity of waste processed, type of waste
processed,
degree of hazard and potential impact upon human health and
environ-
ment.
(2) The secretary shall remit at least
monthly any money collected
pursuant to this subsection to the state treasurer. Upon receipt of
any
such remittance, the state treasurer shall deposit the entire
amount
thereof in the state treasury to the credit of the hazardous waste
man-
agement fund created by K.S.A. 1999 Supp. 65-3491 and
amendments
thereto.
(w) (1) Adopt rules and regulations
establishing a schedule of fees to
be paid to the secretary by off-site hazardous waste
treatment and disposal
facilities at which hazardous waste is treated and off-site
hazardous waste
facilities at which hazardous waste is disposed and will remain
after clo-
sure. In establishing fees, the secretary shall give
consideration to the
degree of hazard, energy content, quantity of waste, costs of
treatment
or disposal, and estimated future receipts. Fees
shall be in an amount not
to exceed $.01 per pound of hazardous waste treated, or burned for
en-
ergy or material recovery. In no event shall the fees established
under
this subsection exceed the following annual calendar year caps:
$60,000
for a facility which burns hazardous waste for energy or material
recovery
only; $200,000 for a facility which burns hazardous waste for
treatment
or disposal only. Facilities which burn hazardous waste for:
(i) (A) Energy
or material recovery; and (ii) (B)
treatment or disposal shall be subject to
a total facility cap of $200,000, which includes a separate cap of
$60,000
for hazardous wastes which are burned for energy or material
recovery.
The secretary shall establish a differential fee schedule for
hazardous
wastes based upon waste characteristics which is consistently
applied to
all facilities which burn hazardous wastes. In all other cases,
fees shall be
in an amount not to exceed $.05 per pound of hazardous waste
disposed.
(2) The secretary shall remit at least
monthly any money collected
pursuant to this subsection to the state treasurer. Upon receipt of
any
such remittance, the state treasurer shall deposit the entire
amount
thereof in the state treasury to the credit of the hazardous waste
man-
agement fund created by K.S.A. 1999 Supp. 65-3491 and
amendments
thereto, except that 25% of any such deposit shall be deposited to
the
credit of the hazardous waste collection fund created by K.S.A.
65-3460
and amendments thereto.
(x) Encourage, coordinate or participate
in one or more waste
exchange clearing houses for the purpose of promoting reuse and
recy-
cling of industrial wastes.
(y) Adopt rules and regulations
establishing the criteria to specify
when a change of principal owners or management of a hazardous
waste
treatment, storage or disposal facility occurs and
under what circum-
stances and procedures a new permit shall be required to be issued
to
the transferees of a facility which was permitted to the
transferor.
(z) Adopt rules and regulations
concerning the generation, transpor-
tation, storage, blending, marketing, burning and types of
hazardous
waste for which any method, technique or process to recover energy
will
be considered hazardous waste treatment. Such rules and
regulations
should specify a minimum heat value of the waste so as to ensure
that a
legitimate energy recovery will occur and should consider other
charac-
teristics of the waste which are appropriate to ensure that such
method,
technique or process for energy recovery will not pose a threat to
the
public health or environment.
Sec. 8. K.S.A. 65-3433 is hereby
amended to read as follows: 65-
3433. (a) After the effective date of this act, no person shall
modify or
construct an off-site hazardous waste disposal
facility without a permit
issued by the secretary under this act.
(b) Upon receipt of an application for a
permit to construct a an off-
site hazardous waste facility which complies with the
requirements of this
section, the secretary shall:
(1) Publish a notice once per week for
three consecutive weeks in a
newspaper having major circulation in the county in which the
facility is
proposed to be located. The required published notice shall contain
a
map indicating the location of the proposed facility and shall
contain a
description of the proposed action and the location where the
permit
application and related documents may be reviewed and where
copies
may be obtained. The notice shall describe the procedure by which
the
permit may be granted. The secretary shall transmit a copy of the
notice
to the clerk of any city which is located within three miles of the
proposed
facility.
(2) Review the plans of the proposed
facility to determine if the pro-
posed operation complies with this act and the rules and
regulations
promulgated under this act. The review shall include but not be
limited
to air quality, water quality, waste management and hydrogeology.
If the
facility review, the plan review, and the
application meet the requirements
of this act and the rules and regulations promulgated under this
act, the
secretary shall approve construction or modification of the
facility which
approval may contain conditions specifically applicable to the
facility and
operation. An expansion, enlargement or modification of a facility
beyond
the specified areas indicated in the existing permit constitutes a
new pro-
posal for which a new construction permit application is
required.
(c) The secretary shall approve or deny a
construction permit appli-
cation within 240 days after the secretary receives an application
meeting
the requirements of this section except such time period shall not
apply
to an application for a license to be issued under the authority of
K.S.A.
48-1607, and amendments thereto. If the secretary approves an
applica-
tion, the secretary immediately shall notify the applicant. If the
secretary
denies an application, the secretary shall notify the applicant in
writing
of the reasons for the denial. No local ordinance, permit or other
require-
ments may prohibit the construction or modification of such a
facility or
restrict transportation to the facility.
Sec. 9. K.S.A. 65-3439 is hereby
amended to read as follows: 65-
3439. (a) Permits for hazardous waste treatment, storage
and disposal
facilities shall be issued for fixed terms not to exceed 10
years.
(b) Plans, designs and relevant data for
the construction of hazardous
waste treatment, storage and disposal facilities
shall be prepared by a
professional engineer licensed to practice in Kansas and shall be
submit-
ted to the department for approval prior to the construction,
modification
or operation of such a facility. In adopting rules and regulations,
the sec-
retary may specify sites, areas or facilities where the
environmental impact
is minimal and may waive the requirement that plans and designs for
on-
site storage or treatment facilities be prepared by a professional
engineer.
(c) Each permit granted by the secretary,
as provided in this act, shall
be subject to such conditions as the secretary deems necessary to
protect
human health and the environment and to conserve the sites. Such
con-
ditions shall include approval by the secretary of the types and
quantities
of hazardous waste allowable for storage, treatment or disposal at
the
permitted location and, in the case of underground injection wells,
min-
imum pretreatment standards established by the secretary.
(d) The secretary shall not issue a
permit for a hazardous waste un-
derground injection well unless such methodology is deemed the
most
reasonable method of disposing of the hazardous waste after
considering
the health and environmental effects, alternative treatment and
disposal
technologies and economic impact relating to such well.
(e) Permits granted by the secretary, as
provided in this act, shall be
revocable or subject to suspension whenever the secretary
shall determine
that the hazardous waste treatment, storage or
disposal for failure to pay
any fee as required by this act or if the secretary determines
that:
(1) A hazardous waste facility
is, or has been constructed or
con-
ducted operated in violation of this act or
the rules and regulations or
standards adopted pursuant to the act, or is
creating a hazard to the public
health or safety or to the environment, or for failure to
make payment of
any fee to any funds created under this act. The secretary
also may revoke
or suspend a permit when the secretary determines
that;
(2) the permittee has
committed, or past or continuing
violations
such that an original permit application would be denied under
the pro-
visions of subsection (c)(3) of K.S.A. 65-3437, and amendments
thereto;
or
(3) in the case of a corporate
permittee, when the permittee
or, any
person who holds an interest in or exercises total or partial
control of or
does business with the permittee or a any
principal of the corporation is
the principal of another corporation which has committed past or
contin-
uing violations such that an original permit application would be
denied
under the provisions of paragraph (3) of
subsection (c)(3) of K.S.A. 65-
3437, and amendments thereto.
(f) In case any permit is denied,
suspended or revoked, any person
aggrieved by such decision may request a hearing before the
secretary in
accordance with K.S.A. 65-3440, and amendments thereto.
Sec. 10. K.S.A. 1999 Supp. 65-3441
is hereby amended to read as
follows: 65-3441. (a) It shall be unlawful for any person to:
(1) Dump or deposit, or permit the
dumping or depositing of, any
hazardous waste regulated by this act into any facility which does
not
comply with the provisions of this act or rules or regulations,
standards
or orders of the secretary, but this provision shall not prohibit:
(A) The
use of hazardous wastes in normal farming operations or in the
processing
or manufacturing of other products in a manner that will not
adversely
affect the public health or environment,;
or (B) a generator who peri-
odically produces a quantity of hazardous waste less than the
quantity
regulated under subsection (k) of K.S.A. 65-3431, and
amendments
thereto, from disposing such quantity of hazardous waste into a
facility
approved by the department which has a permit issued under K.S.A.
65-
3407, and amendments thereto.
(2) Construct, modify or operate a
hazardous waste storage, treat-
ment or disposal facility without a permit or
other required written ap-
proval from the secretary or to be in violation of the rules and
regulations,
standards or orders of the secretary.
(3) Violate any condition of any permit
issued by the secretary.
(4) Store, collect, treat or dispose of
hazardous waste contrary to the
rules and regulations, standards or orders of the secretary.
(5) Refuse or hinder entry, inspection,
sampling and the examination
or copying of records related to the purposes of this act by an
agent or
employee of the secretary after such agent or employee identifies
and
gives notice of their purpose at any time.
(6) Knowingly make any false material
statement or representation
in any application, label, manifest, record, report, permit or
other docu-
ment filed, maintained or used for purposes of compliance with this
act.
(7) Knowingly destroy, alter or conceal
any record required to be
maintained under rules and regulations promulgated by the secretary
pur-
suant to this act.
(8) Fail to designate on a manifest a
facility which is authorized to
operate under the federal hazardous waste program or under a state
haz-
ardous waste program which has received approval to operate in lieu
of
the federal hazardous waste program.
(9) Transport hazardous waste to a
facility which is not authorized to
operate under the federal hazardous waste program or under a state
haz-
ardous waste program which has received approval to operate in lieu
of
the federal hazardous waste program.
(10) Add, mix or blend any hazardous
waste with fuel oil or any other
fuel intended for use by residential consumers or sell such blended
fuel
to a residential consumer.
(11) Transport and dispose of, or cause
the transportation and dis-
position of, hazardous waste in a manner contrary to the rules and
reg-
ulations, standards or orders of the secretary. It shall not
constitute a
defense to the generator that the generator acted through an
independent
contractor in the transportation or disposition of the hazardous
waste.
(12) Operate a hazardous waste transfer
facility at which hazardous
waste is transferred from one or more containers to one or more
different
containers. The provisions of this subsection shall not apply to
overpack-
ing of hazardous waste containers when the overpack containers
are
marked with labels that contain all the information on the original
labels.
(b) Any person who violates any provision
of paragraphs (1) to (10),
inclusive, of subsection (a) shall be guilty of a class A nonperson
misde-
meanor and, upon conviction thereof, shall be punished as provided
by
law. Any person who violates any provision of paragraph (11) or
(12) of
subsection (a) shall be guilty of a severity level 10, nonperson
felony and,
upon conviction thereof, shall be punished as provided by law.
(c) Any person who knowingly violates any
provisions of paragraphs
(1) to (12), inclusive, of subsection (a) shall be guilty of a
severity level 6,
nonperson felony and, in the case of a continuing violation, every
day
such violation continues shall be deemed a separate
violation, and, upon
conviction thereof, shall be punished as provided by law.
(d) Any individual who violates any of
the provisions of paragraphs
(1) to (12), inclusive, of subsection (a) shall be legally
responsible to the
same extent as if such acts were in the individual's own name or on
the
individual's own behalf.
(e) The county or district attorney of
every county shall file appro-
priate actions for enforcement of this section upon request of the
secre-
tary or upon the county or district attorney's own motion after
consulta-
tion with the secretary.
(f) No person shall be held responsible
for failure to secure a permit
under the provisions of this section for the dumping or depositing
of any
hazardous waste on land owned or leased by such person without
their
expressed or implied consent, permission or knowledge.
Sec. 11. K.S.A. 65-3445 is hereby
amended to read as follows: 65-
3445. (a) Notwithstanding any other provision of this act, upon
receipt of
information that the storage, transportation, treatment or disposal
of any
hazardous waste may present a substantial hazard to the health of
persons
or to the environment or for a threatened or actual violation of
this act
or any rules or regulations adopted pursuant thereto or any orders
issued
pursuant thereto or any permit conditions required thereby, the
secretary
may take such action as may be necessary to protect the health of
persons
or the environment. The action the secretary may take shall
include, but
not be limited to:
(1) Issuing an order directing the owner,
generator, transporter or
operator of the storage, treatment or disposal
hazardous waste facility or
site, or the custodian of the waste, which constitutes the hazard,
to take
such steps as are necessary to prevent the act or eliminate the
practice
which constitutes the hazard. The action may include, with respect
to a
facility or site, permanent or temporary cessation of
operation.
(2) Commencing an action to enjoin acts
or practices specified in
subsection (a)(1) or requesting that the attorney general or
appropriate
district or county attorney commence an action to enjoin those acts
or
practices. Upon a showing by the secretary that a person has
engaged in
those acts or practices, a permanent or temporary injunction,
restraining
order or other order may be granted by any court of competent
jurisdic-
tion. An action for injunction under this subsection (a)(2) shall
have prec-
edence over other cases in respect to order of trial.
(3) Applying to the district court in the
county in which an order of
the secretary under subsection (a)(1) will take effect, in whole or
in part,
for an order of that court directing compliance with the order of
the
secretary. Failure to obey the court order shall be punishable as
contempt
of the court issuing the order. The application under this
subsection (a)(3)
for a court order shall have precedence over other cases in respect
to
order of trial.
(b) In any civil action brought pursuant
to this section in which a
temporary restraining order, preliminary injunction or permanent
in-
junction is sought, it shall not be necessary to allege or prove at
any stage
of the proceeding that irreparable damage will occur should the
tempo-
rary restraining order, preliminary injunction or permanent
injunction not
be issued or that the remedy at law is inadequate, and the
temporary
restraining order, preliminary injunction or permanent injunction
shall
issue without such allegations and without such proof.
(c) Any order of the secretary pursuant
to subsection (a)(1) is subject
to hearing and review in accordance with K.S.A. 65-3440 and
amend-
ments thereto.
Sec. 12. K.S.A. 65-3458 is hereby
amended to read as follows: 65-
3458. (a) The underground burial of hazardous waste produced by
per-
sons generating quantities of such waste greater than those
specified in
K.S.A. 65-3451 and amendments thereto is prohibited except as
provided
by order of the secretary of health and environment issued pursuant
to
this act. Such prohibition shall not be construed as prohibiting
mound
landfill, aboveground storage, land treatment or underground
injection
of hazardous waste. Any existing hazardous waste
disposal facility which
utilizes underground burial shall cease such practice and, with the
ap-
proval of the secretary, shall implement closure and postclosure
plans for
all units of the facility in which hazardous wastes have been
disposed of
underground.
(b) (1) The secretary shall decide
whether or not an exception to the
[SGMLhdnf]103[cm
prohibition against underground burial of hazardous waste shall
be
granted for a particular hazardous waste. No decision to grant an
excep-
tion shall be rendered unless it is demonstrated to the secretary
that,
except for underground burial, no economically reasonable or
technolog-
ically feasible methodology exists for the disposal of a particular
hazardous
waste. The procedures for obtaining an exception to the
prohibition
against underground burial of hazardous waste shall include a
public hear-
ing conducted in accordance with the provisions of the Kansas
adminis-
trative procedure act and such other procedures as are established
and
prescribed by rules and regulations adopted by the secretary. Such
rules
and regulations shall include requirements for the form and
contents of
a petition desiring an exception.
(2) Within 90 days after submission of a
petition desiring an excep-
tion, and if the secretary decides to grant an exception to the
prohibition
against underground burial of hazardous waste, the secretary of
health
and environment shall issue an order so providing. Any action by
the
secretary pursuant to this section is subject to review in
accordance with
the act for judicial review and civil enforcement of agency
actions.
Sec. 13. K.S.A. 65-3433, 65-3439, 65-3445 and
65-3458 and K.S.A.
1999 Supp. 65-3424, 65-3424a, 65-3424f, 65-3424g, 65-3424m,
65-3430,
65-3431 and 65-3441 are hereby repealed.
Sec. 14. This act shall take effect and be in
force from and after its
publication in the statute book.
Approved April 16, 2000.
__________