Brief(1)
H.B. 2145 would amend certain provisions of current solid waste law. The first change would allow a permit for a solid waste disposal area to be transferred if two conditions are met. The first condition would be if the area is permitted for only solid waste produced on site from manufacturing and industrial processes or on-site construction or demolition activities. The second condition would be if the only change in the permit is a name change resulting from a merger, acquisition, sale, corporate restructuring, or other business transaction.
The second modification would require that before reviewing any application for a solid waste processing facility or solid waste disposal area, the Secretary of Health and Environment be provided proof that the permittee owns the land where the disposal area will be located if the disposal area is a municipal solid waste landfill or a solid waste disposal area that has a leachate or gas collection or treatment system; waste containment system or appurtenances with planned maintenance schedules; or an environmental monitoring system with planned maintenance schedules or periodic sampling and analysis requirements. This requirement would apply only to a permit issued on or after July 1, 1999, for a new solid waste disposal area, other than a permit for lateral or vertical expansion on land contiguous to a permitted solid waste disposal area in operation on July 1, 1999.
In addition, the bill would add a number of conditions under which the Secretary of the Department of Health and Environment may authorize the disposal of solid waste without a solid waste permit. The conditions, in addition to those already statutorily authorized, would include the following:
The disposal of demolition waste resulting from the demolition of an entire building which is disposed of at the site of the building. Under this exception, the bill would require that written approval be obtained from the landowner and the local governmental or zoning authority and the disposal area must be covered with a minimum of two feet of soil and seeded, rocked, or paved.
The disposal of solid waste generated as a result of a transportation accident on property adjacent to or near the accident site. Under this exception, written approval must be obtained from the landowner and the local governmental or zoning authority and a closure plan must be submitted as a part of the approval process.
The disposal of whole unprocessed livestock carcasses on property at, adjacent, or near where the animals died. Under this exception, the animals would have had to have died under natural disaster conditions or in emergency situations. The procedures for disposal must minimize threats to human health and the environment.
The disposal of solid waste resulting from natural disasters such as storms or tornadoes, or other like emergencies when the request for disposal is made by the local governmental authority. Approval could only be granted when failure to act could jeopardize human health or the environment. The local governmental authority must agree to provide proper closure and postclosure maintenance.
Background
At the hearing on the original bill, the only conferee before the House Environment Committee was a spokesperson from the Kansas Department of Health and Environment (KDHE). The spokesperson stated that current law prohibits the transfer of all solid waste permits and that the amendment would allow landfill permits to be transferred in very limited cases. Testimony indicated that the new provision would allow for smoother business transactions because the on-site landfill could be transferred with the other business assets.
With respect to the second change in solid waste law, the spokesperson from KDHE stated that current Kansas law does not require a landfill permit holder to own the land on which the person operates a landfill. The spokesperson indicated that despite not needing to own the land, state law does require the permit holder to be responsible for the long-term care of the site for at least 30 years after closing the landfill. Testimony indicated that a permittee who does not own the land could abandon the site and leave post-closure responsibilities to the landowner, who most likely does not have the resources or the expertise to properly care for the site. The spokesperson stated that KDHE wanted to add the requirement to own the land to avoid innocent landowner and state liability. There were no opponents to the bill.
The House Committee amendment to the bill clarifies that the requirement of ownership only applies to new facilities, and not to expansions of existing facilities.
The Senate Committee on Energy and Natural Resources amended the bill to add conditions under which the Secretary of KDHE may authorize the disposal of certain solid waste without having a permit.
The Senate Committee of the Whole amended the bill to clarify that the requirement that a permittee own the land where the disposal area will be located does not apply to permit application for lateral or vertical expansions on land contiguous to a permitted solid waste disposal area in operation on July 1, 1999.
The fiscal note on the original bill indicates no impact.
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.