CHAPTER 96
HOUSE BILL No. 2860
An Act concerning solid waste; amending K.S.A. 1999 Supp. 65-3415, 65-3415a
and 65-3415b and repealing the existing sections.
Be it enacted by the Legislature of the State of Kansas:

      Section  1. K.S.A. 1999 Supp. 65-3415 is hereby amended to read as
follows: 65-3415. (a) The secretary is authorized to assist counties, des-
ignated cities or regional solid waste management entities by administer-
ing grants to pay up to 60% of the costs of preparing and revising official
plans for solid waste management systems in accordance with the require-
ments of this act and the rules and regulations and standards adopted
pursuant to this act, and for carrying out related studies, surveys, inves-
tigations, inquiries, research and analyses.

      (b) The secretary is authorized to assist counties, designated cities,
municipalities, regional solid waste management entities that are part of
an interlocal agreement entered into pursuant to K.S.A. 12-2901 et seq.
and amendments thereto or other applicable statutes or private entities,
by administering competitive grants that pay up to 75% of eligible costs
incurred by such a county, city, regional entity or private entity pursuant
to an approved solid waste management plan, for any project related to
the development and operation of recycling, source reduction, waste min-
imization and solid waste management public education programs. Such
projects shall include, but not be limited to, the implementation of inno-
vative waste processing technologies which demonstrate nontraditional
methods to reduce waste volume by recovering materials or by converting
the waste into usable by-products or energy through chemical or physical
processes. To be eligible for competitive grants awarded pursuant to this
section, a county, designated city, regional entity or private entity must
be implementing a project which is part of a solid waste management
plan approved by the secretary or implementing a project with statewide
significance as determined by the secretary with the advice and counsel
of the solid waste grants advisory committee.

      (c) The secretary is authorized to assist counties, cities or regional
solid waste management entities that are part of an interlocal agreement
entered into pursuant to K.S.A. 12-2901 et seq. and amendments thereto
or other applicable statutes, by administering grants that pay up to 60%
of costs incurred by such a county, city or regional entity for:

      (1) The development and first year of operation or enhancement of
temporary and permanent household hazardous waste programs operated
in accordance with K.S.A. 65-3460 and amendments thereto;

      (2) the first year of operation following initial start-up of temporary
and permanent household hazardous waste programs; and

      (3) educating the public regarding changes in household hazardous
waste collection program operations or services.

      (d) The secretary is authorized to assist counties, cities or regional
solid waste management entities that are part of an interlocal agreement
entered into pursuant to K.S.A. 12-2901 et seq. and amendments thereto
or other applicable statutes, by administering grants that pay up to 75%
of costs incurred by such a county, city or regional entity to develop and
implement temporary agricultural pesticide collection programs.

      (e) The secretary is authorized to assist counties, cities or regional
solid waste management entities that are part of an interlocal agreement
entered into pursuant to K.S.A. 12-2901 et seq. and amendments thereto
or other applicable statutes, by administering grants that pay up to 75%
of costs incurred by such a county, city, or regional entity to develop and
implement exempt small quantity hazardous waste generator waste col-
lection programs, subject to the following:

      (1) The aggregate amount of all such grants made for a fiscal year
shall not exceed $150,000; and

      (2) no grantee shall receive any such grants in an aggregate amount
exceeding $50,000.

      (f)  (1) Failure of a public or private entity owning a municipal solid
waste landfill to pay solid waste tonnage fees on wastes disposed in Kansas
pursuant to K.S.A. 65-3415b, and amendments thereto, shall bar receipt
of any grant funds by such entity until fees and related penalties have
been paid.

      (2) Failure of a county or regional authority to perform annual solid
waste plan reviews and five year public hearings, and submit appropriate
notification to the secretary that such actions have been carried out pur-
suant to K.S.A. 65-3405, and amendments thereto, shall bar receipt of any
grant funds by any entity within the jurisdiction of such county or re-
gional authority unless the grant would support a project expected to yield
benefits to counties outside the jurisdiction of such county or regional
authority.

      (3) A city, county, regional authority or private entity shall not be
eligible to receive grants authorized in K.S.A. 65-3415, and amendments
thereto, if the department determines that such city, county, regional au-
thority or private entity is operating in substantial violation of applicable
solid and hazardous waste laws or rules and regulations.

      (2) (4) The secretary may establish additional minimum requirements
for grant eligibility.

      (g) The secretary shall prepare and deliver to the legislature on or
before January 2, 1998, a report which summarizes all solid waste man-
agement grant program activities, solid waste management fund revenues
and recommendations regarding continuation of solid waste management
programs.

      (g) If the secretary determines that a grant recipient has utilized grant
moneys for purposes not authorized in the grant contract, the secretary
may order the repayment of such moneys and cancel any remaining de-
partment commitments under the grant. If the grant recipient fails to
comply with the secretary's order, the secretary may initiate a civil action
in district court to recover any unapproved expenditures, including ad-
ministrative and legal expenses incurred to pursue such action. Recovered
grant moneys or expenses shall be remitted to the state treasurer, who
shall deposit the entire amount in the state treasury and credit it to the
solid waste management fund.

      (h) All grants shall be made in accordance with appropriations acts
from the state general fund or appropriation acts from moneys in the
solid waste management fund created by K.S.A. 65-3415a and amend-
ments thereto.

      (i) Local match requirements for all solid waste grant programs may
be met by in-kind contributions from counties, designated cities, regional
solid waste management entities or private entities.

      Sec.  2. K.S.A. 1999 Supp. 65-3415a is hereby amended to read as
follows: 65-3415a. (a) There is hereby created in the state treasury the
solid waste management fund.

      (b) The secretary shall remit at least monthly to the state treasurer
all moneys collected or received by the secretary from the following
sources:

      (1) Solid waste tonnage fees imposed pursuant to K.S.A. 65-3415b,
and amendments thereto;

      (2) application and annual fees provided for by K.S.A. 65-3407, and
amendments thereto;

      (3) gifts, grants, reimbursements or appropriations intended to be
used for the purposes of the fund, but excluding federal grants and co-
operative agreements; and

      (4) any other moneys provided by law.

      Upon receipt thereof, the state treasurer shall deposit in the state treas-
ury any amount remitted pursuant to this subsection and shall credit the
entire amount to the solid waste management fund.

      (c) Moneys in the solid waste management fund shall be expended
for the following purposes:

      (1) Grants to counties or groups of counties or designated city or
cities pursuant to K.S.A. 65-3415, and amendments thereto;

      (2) monitoring and investigating solid waste management plans of
counties and groups of counties;

      (3) payment of extraordinary costs related to monitoring permitted
solid waste processing facilities and disposal areas, both during operation
and after closure;

      (4) payment of costs of postclosure cleanup of permitted solid waste
disposal areas which, as a result of a postclosure occurrence, pose a sub-
stantial hazard to public health or safety or to the environment;

      (5) emergency payment for costs of cleanup of solid waste disposal
areas which were closed before the effective date of this act and which
pose a substantial risk to the public health or safety or to the environment,
but the total amount of such emergency payments during a fiscal year
shall not exceed an amount equal to 50% of all amounts credited to the
fund during the preceding fiscal year;

      (6) payment for emergency action by the secretary as necessary or
appropriate to assure that the public health or safety is not threatened
whenever there is a release from a solid waste processing facility or a solid
waste disposal area;

      (7) payment for corrective action by the secretary where the release
presents at an active or closed solid waste processing facility or a solid
waste disposal area where solid waste management activity has resulted
in an actual or potential threat to human health or the environment, if
the owner or operator has not been identified or is unable or unwilling
to perform corrective action;

      (8) payment of the administrative, technical and legal costs incurred
by the secretary in carrying out the provisions of K.S.A. 65-3401 through
65-3423, and amendments thereto, including the cost of any additional
employees or increased general operating costs of the department attrib-
utable therefor;

      (9) development of educational materials and programs for informing
the public about solid waste issues;

      (10) direct payments to reimburse counties or cities for household,
farmer or exempt small quantity generator hazardous wastes generated
from persons not served by existing household hazardous waste programs
or direct payment of contractors for the disposal costs of such wastes; and

      (11) payment of costs associated with the solid waste grants advisory
board pursuant to K.S.A. 1999 Supp. 65-3426, and amendments thereto;

      (12) with the consent of the city or county, payment for the removal
and disposal or on-site stabilization of solid waste which has been illegally
dumped when the responsible party is unknown, unwilling or unable to
perform the necessary corrective action, provided that: (A) Moneys in the
fund shall be used to pay only 75% of the costs of such corrective action
and the city or county shall pay the remaining 25% of such costs; and (B)
not more than $10,000 per site shall be expended from the fund for such
corrective action;

      (13) payment of the costs to administer regional or statewide waste
collection programs designed to remove hazardous materials and wastes
from homes, farms, ranches, institutions and small businesses not gener-
ally covered by state or federal hazardous waste laws and rules and reg-
ulations; and

      (14) payment for the disposal of household hazardous waste gener-
ated as a result of community clean-up activities following natural dis-
asters such as floods and tornados.

      (d) If the secretary determines that expenditures from the solid waste
management fund are necessary to perform authorized corrective actions
related to solid waste management activities, the person or persons re-
sponsible for illegal dumping activity or the operation or long-term care
of a disposal area whose failure to comply with this act, rules and regu-
lations promulgated thereunder, or permit conditions resulted in such
determination, shall be responsible for the repayment of those amounts
expended. The secretary shall take appropriate action to enforce this pro-
vision against any responsible person. If amounts are recovered for pay-
ment for corrective action pursuant to subsection (c)(12), 25% of the
amount recovered shall be paid to the city or county that shared in the
cost of the corrective action. Otherwise, the secretary shall remit to the
state treasurer any amounts recovered and collected in such action. The
state treasurer shall deposit all such amounts in the state treasury and
credit the same to the solid waste management fund. Prior to initiating
any corrective action activities authorized by this section, the secretary
shall give written notice to the person or persons responsible for the waste
to be cleaned up and to the property owner that the department will
undertake corrective action if the responsible person or persons do not
perform the necessary work within a specified time period. The depart-
ment and its representatives are authorized to enter private property to
perform corrective actions if the responsible party fails to perform re-
quired clean-up work but no such entry shall be made without the prop-
erty owner's consent except upon notice and hearing in accordance with
the Kansas administrative procedure act and a finding that the solid waste
creates a public nuisance or adversely affects the public health or the
environment.

      (e) Expenditures from the solid waste 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 or a person designated by the secretary.

      (f) On or before the 10th of each month, the director of accounts and
reports shall transfer from the state general fund to the solid waste man-
agement fund interest earnings based on:

      (1) The average daily balance of moneys in the solid waste manage-
ment fund for the preceding month; and

      (2) the net earnings rate of the pooled money investment portfolio
for the preceding month.

      (g) The solid waste management fund shall be used for the purposes
set forth in this act and for no other governmental purposes. It is the
intent of the legislature that the fund shall remain intact and inviolate for
the purposes set forth in this act, and moneys in the fund shall not be
subject to the provisions of K.S.A. 75-3722, 75-3725a and 75-3726a, and
amendments thereto.

      (h) The secretary shall prepare and deliver to the legislature on or
before the first day of each regular legislative session, a report which
summarizes all expenditures from the solid waste management fund, fund
revenues and recommendations regarding the adequacy of the fund to
support necessary solid waste management programs.

      Sec.  3. K.S.A. 1999 Supp. 65-3415b is hereby amended to read as
follows: 65-3415b. (a) Except for construction and demolition landfills
and industrial solid waste landfills, There is hereby imposed a state solid
waste tonnage fee of $1.00 for each ton or equivalent volume of solid
waste disposed of at any solid waste disposal area in this state other than
solid waste enumerated in subsection (c) or solid waste disposal author-
ized by the secretary pursuant to subsection (a) of K.S.A. 65-3407c, and
amendments thereto.

      (b) There is hereby imposed a state solid waste tonnage fee of $1.00
for each ton or equivalent volume of construction and demolition waste
disposed of at any construction and demolition landfill and solid waste
disposed at any industrial solid waste landfill solid waste transferred out
of Kansas through a transfer station, other than waste enumerated in
subsection (c).

      (c) The fees imposed by this section shall not apply to:

      (1) Any waste tire, as defined by subsection (j) of K.S.A. 65-3424, and
amendments thereto, disposed in or at a permitted solid waste disposal
area;

      (2) any of the following wastes when disposed of at a monofill per-
mitted by the department:

      (A) Sludges from public drinking water supply treatment plants;

      (B) cement kiln dust from the manufacture of portland and masonry
cement;

      (C) flue gas desulfurization sludge, fly ash and bottom ash from coal-
fired electric generating facilities; and

      (D) foundry sand;

      (3) clean rubble;

      (4) solid waste solely consisting of vegetation from land clearing and
grubbing, utility maintenance and seasonal or storm-related cleanup but
such exception shall not apply to yard waste; and

      (5) construction and demolition waste disposed of by the federal gov-
ernment, by the state of Kansas, or by any city or, county or other unit of
local government in the state of Kansas, or by any person on behalf
thereof.

      (d) The operator of a solid waste disposal area or transfer station shall
pay the fee imposed by this section.

      (e) The secretary of health and environment shall administer, enforce
and collect the fee imposed by this section. The secretary shall have the
authority to waive such fee when large quantities of waste are generated
due to major natural disasters such as floods, tornados and fires unless
persons paying such fees are able to recover such fees from the federal
government. Except as otherwise provided by subsections (a) and (b), all
laws and rules and regulations of the secretary of revenue relating to the
administration, enforcement and collection of the retailers' sales tax shall
apply to such fee insofar as they can be made applicable, and. The sec-
retary of health and environment shall adopt such additional any other
rules and regulations as necessary for the efficient and effective admin-
istration, enforcement and collection thereof.

      (f) The secretary of health and environment shall remit daily at least
weekly to the state treasurer all moneys collected from fees imposed
pursuant to subsections (a) and (b). Upon receipt thereof, the state trea-
surer shall deposit the entire amount in the state treasury and credit it to
the solid waste management fund created by K.S.A. 65-3415a and amend-
ments thereto.

 Sec.  4. K.S.A. 1999 Supp. 65-3415, 65-3415a and 65-3415b are
hereby repealed.
 Sec.  5. This act shall take effect and be in force from and after its
publication in the statute book.

Approved April 16, 2000.
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