Brief(1)
H.B. 2264 would establish a definition for the term "hazardous waste transfer facility" in the provisions of law dealing with hazardous waste. Under the bill, the term would mean 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 transfer 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. The term would not include hazardous waste disposal facilities or permitted household hazardous waste facilities.
In addition, the bill would make it unlawful for a person to operate a hazardous waste transfer facility at which hazardous waste is transferred from one or more containers to one or more different containers. This prohibition would not apply to overpacking of hazardous waste containers when the overpack containers are marked with labels that contain all the information on the original labels.
Finally, the bill would amend a section of law dealing with hazardous wastes to allow the Department of Health and Environment to update its definitions whenever the U.S. Environmental Protection Agency updates the definitions in federal regulations.
Background
This bill was introduced by the Joint Committee on Administrative Rules and Regulations. At the hearing on the original bill, a spokesperson from the Kansas Department of Health and Environment (KDHE) appeared in support of the bill, but did offer amendments to the bill to clarify the language and to make sure that the terms in the hazardous waste law were not confused with the terms used in the solid waste law. Also appearing in support of the bill was Representative Carl Holmes. Appearing in support of the KDHE amendments was a representative of the Kansas Cement Council.
The fiscal note on the original bill states that KDHE indicates there is no fiscal 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.