Brief(1)
Sub. for H.B. 2124 would amend the definition of "recyclables" in the solid waste law. The definition would be amended so that the term "recyclables" would not include any outdoor accumulation of 500 or more used or discarded drums having a capacity of 55 gallons or more, 1,000 or more used or discarded railroad ties, or 1,000 or more used or discarded pallets, unless the owner of the drums, ties, or pallets meets one of two conditions. Under the provisions of the bill, the owner would have to demonstrate that he or she was the original purchaser of the drums, ties, or pallets when they were new or demonstrate to officials with the Kansas Department of Health and Environment (KDHE) that the drums, ties, or pallets are being sold, used, or otherwise moved off the premises at a rate that indicates the drums, ties, or pallets have market value. The bill would give authority to the Secretary of KDHE to adopt rules and regulations with respect to demonstrating market value by the owner.
The bill also would authorize the Secretary of KDHE to require a person who accumulates used or discarded drums, railroad ties, or pallets that are not recyclables to dispose of the drums, ties, or pallets as prescribed by the Secretary. The bill would require the Secretary to give the person notice that the accumulated materials are solid waste and need to be disposed of and would authorize entry, at reasonable times and upon notice, where the materials are stored to dispose of the materials. The bill would allow the Secretary to recover the cost of disposal in a civil action. Any money recovered would be credited to the Solid Waste Management Fund.
Finally, the bill would authorize and direct the Secretary of KDHE to enter into a cooperative agreement with the Secretary of Transportation delineating enforcement responsibilities related to the accumulation of junk, as defined in the Junkyard and Salvage Control Act, and other solid waste.
Background
The original bill was introduced at the request of Representative McClure. Several conferees from the Lucas area appeared before the Committee as proponents of the original bill. These conferees described a situation on the edge of their city which involves an accumulation of used railroad ties. A representative of KDHE appeared before the Committee in support of the original bill. This conferee, among other things, suggested that the bill be amended to include a provision which would authorize a cooperative agreement between the Secretary of KDHE and the Secretary of Transportation. The House Environment Committee added this amendment to the substitute bill.
The fiscal note on the original bill indicates that KDHE had not responded to a request for fiscal information on the bill. The fiscal note states that there could be costs involved with the implementation of rules and regulations and costs related to enforcement. The fiscal note further states that there could be additional receipts to the State General Fund as a result of fines for violation of the bill.
1. *Supplemental notes are prepared by the Legislative Research Department and do not express legislative intent. The supplemental note and fiscal note for this bill may be accessed on the Internet at http://www.ink.org/public/legislative/bill_search.html.