Session of 1999
         
SENATE BILL No. 218
         
By Committee on Energy and Natural Resources
          
2-3
          
  9             AN  ACT concerning solid waste disposal areas; relating to location
10             thereof; amending K.S.A. 1998 Supp. 65-3407 and repealing the ex-
11             isting section.
12      
13       Be it enacted by the Legislature of the State of Kansas:
14             Section  1. K.S.A. 1998 Supp. 65-3407 is hereby amended to read as
15       follows: 65-3407. (a) Except as otherwise provided by K.S.A. 1998 Supp.
16       65-3407c and amendments thereto, no person shall construct, alter or
17       operate a solid waste processing facility or a solid waste disposal area of
18       a solid waste management system, except for clean rubble disposal sites,
19       without first obtaining a permit from the secretary.
20             (b) Every person desiring to obtain a permit to construct, alter or
21       operate a solid waste processing facility or disposal area shall make ap-
22       plication for such a permit on forms provided for such purpose by the
23       rules and regulations of the secretary and shall provide the secretary with
24       such information as necessary to show that the facility or area will comply
25       with the purpose of this act. Upon receipt of any application and payment
26       of the application fee, the secretary, with advice and counsel from the
27       local health authorities and the county commission, shall make an inves-
28       tigation of the proposed solid waste processing facility or disposal area
29       and determine whether it complies with the provisions of this act and any
30       rules and regulations and standards adopted thereunder. The secretary
31       also may consider the need for the facility or area in conjunction with the
32       county or regional solid waste management plan. If the investigation re-
33       veals that the facility or area conforms with the provisions of the act and
34       the rules and regulations and standards adopted thereunder, the secretary
35       shall approve the application and shall issue a permit for the operation of
36       each solid waste processing or disposal facility or area set forth in the
37       application. If the facility or area fails to meet the rules and regulations
38       and standards required by this act the secretary shall issue a report to the
39       applicant stating the deficiencies in the application. The secretary may
40       issue temporary permits conditioned upon corrections of construction
41       methods being completed and implemented.
42             (c) Before reviewing any application for permit, the secretary shall
43       conduct a background investigation of the applicant. The secretary shall

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  1       consider the financial, technical and management capabilities of the ap-
  2       plicant as conditions for issuance of a permit. The secretary may reject
  3       the application prior to conducting an investigation into the merits of the
  4       application if the secretary finds that:
  5             (1) The applicant currently holds, or in the past has held, a permit
  6       under this section and while the applicant held a permit under this section
  7       the applicant violated a provision of subsection (a) of K.S.A. 65-3409, and
  8       amendments thereto; or
  9             (2) the applicant previously held a permit under this section and that
10       permit was revoked by the secretary; or
11             (3) the applicant failed or continues to fail to comply with any of the
12       provisions of the air, water or waste statutes, including rules and regula-
13       tions issued thereunder, relating to environmental protection or to the
14       protection of public health in this or any other state or the federal gov-
15       ernment of the United States, or any condition of any permit or license
16       issued by the secretary; or if the secretary finds that the applicant has
17       shown a lack of ability or intention to comply with any provision of any
18       law referred to in this subsection or any rule and regulation or order or
19       permit issued pursuant to any such law as indicated by past or continuing
20       violations; or
21             (4) the applicant is a corporation and any principal, shareholder, or
22       other person capable of exercising total or partial control of such corpo-
23       ration could be determined ineligible to receive a permit pursuant to
24       subsection (c)(1), (2) or (3) above.
25             (d) Before reviewing any application for a permit, the secretary may
26       request that the attorney general perform a comprehensive criminal back-
27       ground investigation of the applicant; or in the case of a corporate appli-
28       cant, any principal, shareholder or other person capable of exercising total
29       or partial control of the corporation. The secretary may reject the appli-
30       cation prior to conducting an investigation into the merits of the appli-
31       cation if the secretary finds that serious criminal violations have been
32       committed by the applicant or a principal of the corporation.
33             (e) The fees for a solid waste processing or disposal permit shall be
34       established by rules and regulations adopted by the secretary. The fee for
35       the application and original permit shall not exceed $5,000. The annual
36       permit renewal fee shall not exceed $2,000. No refund shall be made in
37       case of revocation. In establishing fees for a construction and demolition
38       landfill, the secretary shall adopt a differential fee schedule based upon
39       the volume of construction and demolition waste to be disposed of at
40       such landfill. All fees shall be deposited in the state treasury and credited
41       to the solid waste management fund. A city, county, other political sub-
42       division or state agency shall be exempt from payment of the fee but shall
43       meet all other provisions of this act.

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  1             (f) Plans, designs and relevant data for the construction of solid waste
  2       processing facilities and disposal sites shall be prepared by a professional
  3       engineer licensed to practice in Kansas and shall be submitted to the
  4       department for approval prior to the construction, alteration or operation
  5       of such facility or area. In adopting rules and regulations, the secretary
  6       may specify sites, areas or facilities where the environmental impact is
  7       minimal and may waive such preparation requirements provided that a
  8       review of such plans is conducted by a professional engineer licensed to
  9       practice in Kansas.
10             (g) Each permit granted by the secretary, as provided in this act, shall
11       be subject to such conditions as the secretary deems necessary to protect
12       human health and the environment and to conserve the sites. Such con-
13       ditions shall include approval by the secretary of the types and quantities
14       of solid waste allowable for processing or disposal at the permitted
15       location.
16             (h) As a condition of granting a permit to operate any processing
17       facility or disposal area for solid waste, the secretary shall require the
18       permittee to: (1) Provide a trust fund, surety bond guaranteeing pay-
19       ment, irrevocable letter of credit or insurance policy, to pay the costs of
20       closure and postclosure care; or (2) pass a financial test or obtain a finan-
21       cial guarantee from a related entity, to guarantee the future availability
22       of funds to pay the costs of closure and postclosure care. The secretary
23       shall prescribe the methods to be used by a permittee to demonstrate
24       sufficient financial strength to become eligible to use a financial test or a
25       financial guarantee procedure in lieu of providing the financial instru-
26       ments listed in (1) above. Solid waste processing facilities or disposal
27       areas, except municipal solid waste landfills, may also demonstrate finan-
28       cial assurance for closure and postclosure care costs by use of ad valorem
29       taxing power. In addition, the secretary shall require the permittee to
30       provide liability insurance coverage during the period that the facility or
31       area is active, and during the term of the facility or area is subject to
32       postclosure care, in such amount as determined by the secretary to insure
33       the financial responsibility of the permittee for accidental occurrences at
34       the site of the facility or area. Any such liability insurance as may be
35       required pursuant to this subsection or pursuant to the rules and regu-
36       lations of the secretary shall be issued by an insurance company author-
37       ized to do business in Kansas or by a licensed insurance agent operating
38       under authority of K.S.A. 40-246b, and amendments thereto, and shall
39       be subject to the insurer's policy provisions filed with and approved by
40       the commissioner of insurance pursuant to K.S.A. 40-216, and amend-
41       ments thereto, except as authorized by K.S.A. 40-246b, and amendments
42       thereto. Nothing contained in this subsection shall be deemed to apply
43       to any state agency or department or agency of the federal government.

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  1             (i) Permits granted by the secretary, as provided in this act: (1) Shall
  2       not be transferable; and (2) shall be revocable or subject to suspension
  3       whenever the secretary shall determine that the solid waste processing
  4       or disposal facility or area is, or has been constructed or operated in
  5       violation of this act or the rules and regulations or standards adopted
  6       pursuant to the act, or is creating or threatens to create a hazard to per-
  7       sons or property in the area or to the environment, or is creating or
  8       threatens to create a public nuisance, or upon the failure to make payment
  9       of any fee required under this act. The secretary also may revoke, suspend
10       or refuse to issue a permit when the secretary determines that past or
11       continuing violations of the provisions of subsection (c)(3) of K.S.A. 65-
12       3407, and amendments thereto, have been committed by a permittee, or
13       any principal, shareholder or other person capable of exercising partial
14       or total control over a permittee.
15             (j) In case any permit is denied, suspended or revoked the person,
16       city, county or other political subdivision or state agency may request a
17       hearing before the secretary in accordance with K.S.A. 65-3412, and
18       amendments thereto.
19             (k)  (1) No permit to construct or operate a solid waste disposal area
20       shall be issued on or after the effective date of this act if such area is
21       located: (A) Within 1/2 mile of a navigable stream used for interstate com-
22       merce; or (B) or within one mile of an intake point for any public surface
23       water supply system unless the permit applicant demonstrates that the
24       disposal area is downgradient from and not located within the same wa-
25       tershed or drainage basin as the intake point.
26             (2) Any permit, issued before the effective date of this act, to con-
27       struct or operate a solid waste disposal area is hereby declared void if
28       such area is not yet in operation and is located within 1/2 mile of a navi-
29       gable stream used for interstate commerce or within one mile of an intake
30       point for any public surface water supply system.
31             (3) The provisions of this subsection shall not be construed to pro-
32       hibit: (A) Issuance of a permit for lateral expansion onto land contiguous
33       to a permitted solid waste disposal area in operation on the effective date
34       of this act; (B) issuance of a permit for a solid waste disposal area for
35       disposal of a solid waste by-product produced on-site; (C) renewal of an
36       existing permit for a solid waste area in operation on the effective date
37       of this act; or (D) activities which are regulated under K.S.A. 65-163
38       through 65-165 or 65-171d, and amendments thereto.
39             (l) Before reviewing any application for a solid waste processing fa-
40       cility or solid waste disposal area, the secretary shall require the following
41       information as part of the application:
42             (1) Certification by the board of county commissioners or the mayor
43       of a designated city responsible for the development and adoption of the

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  1       solid waste management plan for the location where the processing facility
  2       or disposal area is or will be located that the processing facility or disposal
  3       area is consistent with the plan. This certification shall not apply to a solid
  4       waste disposal area for disposal of only solid waste produced on site from
  5       manufacturing and industrial processes or from on-site construction or
  6       demolition activities.
  7             (2) If the location is zoned, certification by the local planning and
  8       zoning authority that the processing facility or disposal area is consistent
  9       with local land use restrictions or, if the location is not zoned, certification
10       from the board of county commissioners that the processing facility or
11       disposal area is compatible with surrounding land use. 
12       Sec.  2. K.S.A. 1998 Supp. 65-3407 is hereby repealed.
13        Sec.  3. This act shall take effect and be in force from and after its
14       publication in the statute book.