Session of 1999
         
HOUSE BILL No. 2124
         
By Committee on Environment
          
1-26
          
  9             AN  ACT concerning solid waste; relating to certain accumulations of
10             used or discarded materials; prohibiting certain acts and prescribing
11             penalties for violations; amending K.S.A. 1998 Supp. 65-3402, 65-3406
12             and 65-3409 and repealing the existing sections.
13      
14       Be it enacted by the Legislature of the State of Kansas:
15             Section  1. K.S.A. 1998 Supp. 65-3402 is hereby amended to read as
16       follows: 65-3402. As used in this act, unless the context otherwise
17       requires:
18             (a) "Solid waste" means garbage, refuse and other discarded mate-
19       rials including, but not limited to, solid, semisolid, sludges, liquid and
20       contained gaseous waste materials resulting from industrial, commercial,
21       agricultural and domestic activities. Solid waste does not include hazard-
22       ous wastes as defined by subsection (f) of K.S.A. 65-3430, and amend-
23       ments thereto, recyclables or the waste of domestic animals as described
24       by subsection (a)(1) of K.S.A. 65-3409, and amendments thereto.
25             (b) "Solid waste management system" means the entire process of
26       storage, collection, transportation, processing, and disposal of solid wastes
27       by any person engaging in such process as a business, or by any state
28       agency, city, authority, county or any combination thereof.
29             (c) "Solid waste processing facility" means incinerator, composting
30       facility, household hazardous waste facility, waste-to-energy facility, trans-
31       fer station, reclamation facility or any other location where solid wastes
32       are consolidated, temporarily stored, salvaged or otherwise processed
33       prior to being transported to a final disposal site. This term does not
34       include a scrap material recycling and processing facility.
35             (d) "Solid waste disposal area" means any area used for the disposal
36       of solid waste from more than one residential premises, or one or more
37       commercial, industrial, manufacturing or municipal operations.
38             (e) "Person" means individual, partnership, firm, trust, company, as-
39       sociation, corporation, individual or individuals having controlling or ma-
40       jority interest in a corporation, institution, political subdivision, state
41       agency or federal department or agency.
42             (f) "Waters of the state" means all streams and springs, and all bodies
43       of surface or groundwater, whether natural or artificial, within the bound-

HB 2124

2

  1       aries of the state.
  2             (g) "Secretary" means the secretary of health and environment.
  3             (h) "Department" means the Kansas department of health and
  4       environment.
  5             (i) "Disposal" means the discharge, deposit, injection, dumping, spill-
  6       ing, leaking or placing of any solid waste into or on any land or water so
  7       that such solid waste or any constituent thereof may enter the environ-
  8       ment or be emitted into the air or discharged into any water.
  9             (j) "Open dumping" means the disposal of solid waste at any solid
10       waste disposal area or facility which is not permitted by the secretary
11       under the authority of K.S.A. 65-3407, and amendments thereto, or the
12       disposal of solid waste contrary to rules and regulations adopted pursuant
13       to K.S.A. 65-3406, and amendments thereto.
14             (k) "Generator" means any person who produces or brings into ex-
15       istence solid waste.
16             (l) "Monitoring" means all procedures used to (1) systematically in-
17       spect and collect data on the operational parameters of a facility, an area
18       or a transporter, or (2) to systematically collect and analyze data on the
19       quality of the air, groundwater, surface water or soils on or in the vicinity
20       of a solid waste processing facility or solid waste disposal area.
21             (m) "Closure" means the permanent cessation of active disposal op-
22       erations, abandonment of the disposal area, revocation of the permit or
23       filling with waste of all areas and volume specified in the permit and
24       preparing the area for the long-term care.
25             (n) "Postclosure" means that period of time subsequent to closure of
26       a solid waste disposal area when actions at the site must be performed.
27             (o) "Reclamation facility" means any location at which material con-
28       taining a component defined as a hazardous substance pursuant to K.S.A.
29       65-3452a and amendments thereto or as an industrial waste pursuant to
30       this section is processed.
31             (p) "Designated city" means a city or group of cities which, through
32       interlocal agreement with the county in which they are located, is dele-
33       gated the responsibility for preparation, adoption or implementation of
34       the county solid waste plan.
35             (q) "Nonhazardous special waste" means any solid waste designated
36       by the secretary as requiring extraordinary handling in a solid waste dis-
37       posal area.
38             (r) "Recyclables" means any materials that will be used or reused, or
39       prepared for use or reuse, as an ingredient in an industrial process to
40       make a product, or as an effective substitute for a commercial product.
41       "Recyclables" includes, but is not limited to, paper, glass, plastic, munic-
42       ipal water treatment residues, as defined by K.S.A. 65-163 and amend-
43       ments thereto, and metal, but does not include yard waste.

HB 2124

3

  1             (s) "Scrap material processing industry" means any person who ac-
  2       cepts, processes and markets recyclables.
  3             (t) "Scrap material recycling and processing facility" means a fixed
  4       location that utilizes machinery and equipment for processing only
  5       recyclables.
  6             (u) "Construction and demolition waste" means solid waste resulting
  7       from the construction, remodeling, repair and demolition of structures,
  8       roads, sidewalks and utilities; untreated wood and untreated sawdust from
  9       any source; solid waste consisting of motor vehicle window glass; and solid
10       waste consisting of vegetation from land clearing and grubbing, utility
11       maintenance, and seasonal or storm-related cleanup. Such wastes include,
12       but are not limited to, bricks, concrete and other masonry materials, roof-
13       ing materials, soil, rock, wood, wood products, wall or floor coverings,
14       plaster, drywall, plumbing fixtures, electrical wiring, electrical compo-
15       nents containing no hazardous materials, nonasbestos insulation and con-
16       struction related packaging. "Construction and demolition waste" shall
17       not include waste material containing friable asbestos, garbage, furniture,
18       appliances, electrical equipment containing hazardous materials, tires,
19       drums and containers even though such wastes resulted from construction
20       and demolition activities. Clean rubble that is mixed with other construc-
21       tion and demolition waste during demolition or transportation shall be
22       considered to be construction and demolition waste.
23             (v) "Construction and demolition landfill" means a permitted solid
24       waste disposal area used exclusively for the disposal on land of construc-
25       tion and demolition wastes. This term shall not include a site that is used
26       exclusively for the disposal of clean rubble.
27             (w) "Clean rubble" means inert uncontaminated construction and
28       demolition waste which includes concrete and concrete products, rein-
29       forcing steel, asphalt pavement, brick, soil or rock.
30             (x) "Industrial waste" means all solid waste resulting from manufac-
31       turing, commercial and industrial processes which is not suitable for dis-
32       charge to a sanitary sewer or treatment in a community sewage treatment
33       plant or is not beneficially used in a manner that meets the definition of
34       recyclables. Industrial waste includes, but is not limited to: Mining wastes
35       from extraction, beneficiation and processing of ores and minerals unless
36       those minerals are returned to the mine site; fly ash, bottom ash, slag and
37       flue gas emission wastes generated primarily from the combustion of coal
38       or other fossil fuels; cement kiln dust; waste oil and sludges; waste oil
39       filters; and fluorescent lamps.
40             (y) "Composting facility" means any facility that composts wastes and
41       has a composting area larger than one-half acre.
42             (z) "Household hazardous waste facility" means a facility established
43       for the purpose of collecting, accumulating and managing household haz-

HB 2124

4

  1       ardous waste and may also include small quantity generator waste or ag-
  2       ricultural pesticide waste, or both. Household hazardous wastes are con-
  3       sumer products that when discarded exhibit hazardous characteristics.
  4             (aa) "Waste-to-energy facility" means a facility that processes solid
  5       waste to produce energy or fuel.
  6             (bb) "Transfer station" means any facility where solid wastes are
  7       transferred from one vehicle to another or where solid wastes are stored
  8       and consolidated before being transported elsewhere, but shall not in-
  9       clude a collection box provided for public use as a part of a county-op-
10       erated solid waste management system if the box is not equipped with
11       compaction mechanisms or has a volume smaller than 20 cubic yards.
12             (cc) "Municipal solid waste landfill" means a solid waste disposal area
13       where residential waste is placed for disposal. A municipal solid waste
14       landfill also may receive other nonhazardous wastes, including commer-
15       cial solid waste, sludge and industrial solid waste.
16             (dd) "Construction related packaging" means small quantities of
17       packaging wastes that are generated in the construction, remodeling or
18       repair of structures and related appurtenances. "Construction related
19       packaging" does not include packaging wastes that are generated at retail
20       establishments selling construction materials, chemical containers gen-
21       erated from any source or packaging wastes generated during mainte-
22       nance of existing structures.
23             (ee) "Speculative outdoor accumulation" means accumulation or stor-
24       age, at outdoor sites, of materials for the purpose of selling them at a
25       profit in the future. "Speculative outdoor accumulation" does not include
26       accumulation or storage of materials that, as determined in accordance
27       with rules and regulations of the secretary, have market value, have a
28       beneficial use to the person accumulating them or are accumulated on the
29       premises of a business that uses them in the ordinary course of business.
30             Sec.  2. K.S.A. 1998 Supp. 65-3406 is hereby amended to read as
31       follows: 65-3406. (a) The secretary is authorized and directed to:
32             (1) Adopt such rules and regulations, standards and procedures rel-
33       ative to solid waste management as necessary to protect the public health
34       and environment, prevent public nuisances and enable the secretary to
35       carry out the purposes and provisions of this act.
36             (2) Report to the legislature on further assistance needed to admin-
37       ister the solid waste management program.
38             (3) Administer the solid waste management program pursuant to pro-
39       visions of this act.
40             (4) Cooperate with appropriate federal, state, interstate and local
41       units of government and with appropriate private organizations in carry-
42       ing out duties under this act.
43             (5) Develop a statewide solid waste management plan.

HB 2124

5

  1             (6) Provide technical assistance, including the training of personnel
  2       to cities, counties and other political subdivisions.
  3             (7) Initiate, conduct and support research, demonstration projects
  4       and investigations and coordinate all state agency research programs with
  5       applicable federal programs pertaining to solid waste management
  6       systems.
  7             (8) Establish policies for effective solid waste management systems.
  8             (9) Assist counties and groups of counties to establish and implement
  9       solid waste planning and management.
10             (10) Authorize issuance of such permits and orders and conduct such
11       inspections as may be necessary to implement the provisions of this act
12       and the rules and regulations and standards adopted pursuant to this act.
13             (11) Conduct and contract for research and investigations in the over-
14       all area of solid waste storage, collection, transportation, processing, treat-
15       ment, recovery and disposal including, but not limited to, new and novel
16       procedures.
17             (12) Adopt rules and regulations for permitting of all solid waste dis-
18       posal areas, including those that are privately owned.
19             (13) Adopt rules and regulations establishing criteria for the location
20       of processing facilities and disposal areas for solid wastes.
21             (14) Adopt rules and regulations establishing appropriate measures
22       for monitoring solid waste disposal areas and processing facilities, both
23       during operation and after closure.
24             (15) Adopt rules and regulations requiring that, for such period of
25       time as the secretary shall specify, any assignment, sale, conveyance or
26       transfer of all or any part of the property upon which a permitted disposal
27       area for solid waste is or has been located shall be subject to such terms
28       and conditions as to the use of such property as the secretary shall specify
29       to protect human health and the environment.
30             (16) Adopt suitable measures, including rules and regulations if ap-
31       propriate, to encourage recovery and recycling of solid waste for reuse
32       whenever feasible.
33             (17) Adopt rules and regulations establishing standards for trans-
34       porters of solid waste.
35             (18) Adopt rules and regulations establishing minimum standards for
36       closing, termination, and long-term care of sites for the land disposal of
37       solid waste. In this subsection, "site" refers to a site for the land disposal
38       of solid waste which has a permit issued under K.S.A. 65-3407 and
39       amendments thereto. The owner of a site shall be responsible for the
40       long-term care of the site for 30 years after the closing of the site, except
41       the secretary may extend the long-term care responsibility of a particular
42       site or sites as the secretary deems necessary to protect the public health
43       and safety or the environment. Any person acquiring rights of ownership,

HB 2124

6

  1       possession or operation in a permitted site or facility for the land disposal
  2       of solid waste at any time after the site has begun to accept waste and
  3       prior to closure shall be subject to all requirements of the permit for the
  4       site or facility, including the requirements relating to long-term care of
  5       the site or facility.
  6             (19) Enter into cooperative agreements with the secretary of com-
  7       merce for the development and implementation of statewide market de-
  8       velopment for recyclable materials.
  9             (20) Adopt rules and regulations for the management of nonhazar-
10       dous special wastes.
11             (21) Adopt rules and regulations governing speculative outdoor ac-
12       cumulation of used or discarded pallets, used or discarded railroad ties
13       or other used or discarded materials that create or may create a hazard
14       to the public health or welfare.
15             (b) In adopting rules and regulations, the secretary shall allow the
16       exemption contained in subsection (f)(1) of 40 CFR 258.1 (October 9,
17       1991), as amended and in effect on the effective date of this act.
18             (c)  (1) Any rules and regulations adopted by the secretary which es-
19       tablish standards for solid waste processing facilities or solid waste dis-
20       posal areas that are more stringent than the standards required by federal
21       law or applicable federal regulations on such date shall not become ef-
22       fective until 45 days after the beginning of the next ensuing session of
23       the legislature, which date shall be specifically provided in such rule and
24       regulation.
25             (2) The provisions of subsection (c)(1) shall not apply to rules and
26       regulations adopted before January 1, 1995, which establish standards for
27       location, design and operation of solid waste processing facilities and dis-
28       posal areas.
29             (d) Any solid waste disposal area which qualifies for the exemption
30       provided for by subsection (b) and which successfully demonstrates that
31       naturally occurring geological conditions provide sufficient protection
32       against groundwater contamination shall not be required to construct a
33       landfill liner or leachate collection system. The secretary shall adopt rules
34       and regulations which establish criteria for performing this demonstration
35       and standards for liner and leachate collection systems for exempt landfills
36       which fail the demonstration. Solid waste disposal areas which qualify for
37       the exemption provided for by subsection (b) may be designed with
38       trenches or units which have straight vertical walls. All solid waste disposal
39       areas which qualify for the exemption provided for by subsection (b) shall
40       be required to comply with all applicable rules and regulations adopted
41       by the secretary and approved by the U.S. environmental protection
42       agency, including location restrictions, operating requirements and clo-
43       sure standards for municipal solid waste landfills. Operating requirements

HB 2124

7

  1       include, but are not limited to, hazardous waste screening, daily cover,
  2       intermediate cover, disease vector control, gas monitoring and manage-
  3       ment, air emissions, survey controls, compaction, recordkeeping and
  4       groundwater monitoring.
  5             The identification of groundwater contamination caused by disposal
  6       activities at a solid waste disposal area which has qualified for the exemp-
  7       tion provided for by subsection (b) shall result in:
  8             (1) The loss of such exemption; and
  9             (2) the application of all corrective action and design requirements
10       specified in federal laws and regulations, or in equivalent rules and reg-
11       ulations adopted by the secretary and approved by the U.S. environmental
12       protection agency, to such disposal area.
13             Sec.  3. K.S.A. 1998 Supp. 65-3409 is hereby amended to read as
14       follows: 65-3409. (a) It shall be unlawful for any person to:
15             (1) Dispose of any solid waste by open dumping, but this provision
16       shall not prohibit: (A) The use of solid wastes in normal farming opera-
17       tions or in the processing or manufacturing of other products in a manner
18       that will not create a public nuisance or adversely affect the public health;
19       or (B) an individual from dumping or depositing solid wastes resulting
20       from such individual's own residential or agricultural activities onto the
21       surface of land owned or leased by such individual when such wastes do
22       not create a public nuisance or adversely affect the public health or the
23       environment.
24             (2) Except as otherwise provided by K.S.A. 1998 Supp. 65-3407c and
25       amendments thereto, construct, alter or operate a solid waste storage,
26       processing or disposal facility or area of a solid waste management system
27       without a permit or be in violation of the rules and regulations, standards
28       or orders of the secretary.
29             (3) Violate any condition of any permit issued under K.S.A. 65-3407,
30       and amendments thereto.
31             (4) Conduct any solid waste burning operations in violation of the
32       provisions of the Kansas air quality act.
33             (5) Store, collect, transport, process, treat or dispose of solid waste
34       contrary to the rules and regulations, standards or orders of the secretary
35       or in such a manner as to create a public nuisance.
36             (6) Refuse or hinder entry, inspection, sampling and the examination
37       or copying of records related to the purposes of this act by an agent or
38       employee of the secretary after such agent or employee identifies and
39       gives notice of their purpose.
40             (7) Violate subsection (b) of K.S.A. 65-3424a, subsection (c) of K.S.A.
41       65-3424b or K.S.A. 65-3424i, and amendments thereto.
42             (8) Engage in speculative outdoor accumulation of used or discarded
43       pallets, used or discarded railroad ties or other used or discarded mate-

HB 2124

8

  1       rials that create or may create a hazard to the public health or welfare,
  2       except in accordance with rules and regulations adopted by the secretary.
  3             (b) No person shall be held responsible for failure to secure a permit
  4       under the provisions of this section for the dumping or depositing of any
  5       solid waste on land owned or leased by such person without such person's
  6       expressed or implied consent, permission or knowledge.
  7             (c) Any person who violates any provision of subsection (a) shall be
  8       guilty of a class A misdemeanor and, upon conviction thereof, shall be
  9       punished as provided by law. 
10       Sec.  4. K.S.A. 1998 Supp. 65-3402, 65-3406 and 65-3409 are hereby
11       repealed.
12        Sec.  5. This act shall take effect and be in force from and after its
13       publication in the statute book.