An  Act concerning hazardous waste; amending K.S.A. 65-3430 and K.S.A. 1998 Supp.

65-3441 and repealing the existing sections.

Be it enacted by the Legislature of the State of Kansas:

      Section  1. K.S.A. 65-3430 is hereby amended to read as follows: 65-
3430. As used in K.S.A. 65-3430 to 65-3447, and amendments thereto:

      (a) "Department" means the Kansas department of health and en-
vironment.

      (b) "Disposal" means the discharge, deposit, injection, dumping,
spilling, leaking or placing of any hazardous waste into or on any land or
water so that such hazardous waste or any constituent thereof may enter
the environment or be emitted into the air or discharged into any waters,
including groundwater.

      (c) "Facility" means all contiguous land, structures and other appur-
tenances and improvements on the land utilized for the purpose of treat-
ing, storing, or disposing of hazardous waste. A facility may consist of
several treatment, storage, or disposal operational units.

      (d) "Generator" means any person, by site, whose act or process pro-
duces hazardous waste or whose act first causes a hazardous waste to
become subject to regulation.

      (e) "Hazardous waste" means waste or combination of wastes which
because of its quantity, concentration or physical, chemical, biological or
infectious characteristics or as otherwise determined by the secretary to
cause, or significantly contribute to an increase in mortality or an increase
in serious irreversible or incapacitating reversible illness; or pose a sub-
stantial present or potential hazard to human health or the environment
when improperly treated, stored, transported or disposed of or otherwise
managed. Hazardous waste shall not include: (1) Household waste; (2)
agricultural waste returned to the soil as fertilizer; (3) mining waste and
overburden from the extraction, beneficiation and processing of ores and
minerals, if returned to the mine site; (4) drilling fluids, produced waters
and other wastes associated with the exploration, development and pro-
duction of crude oil, natural gas or geothermal energy; (5) fly ash, bottom
ash, slag and flue gas emission control wastes generated primarily from
the combustion of coal or other fossil fuels; (6) cement kiln dust; or (7)
materials listed in 40 CFR 261.4, as in effect on July 1, 1983, or any later
version as established in rules and regulations adopted by the secretary.

      (f) "Hazardous waste disposal facility'' means a facility or part of a
facility at which hazardous waste is treated, stored or disposed and at
which waste will remain after closure. Such term also shall mean a haz-
ardous waste injection well.

      (g) "Hazardous waste management'' means the systematic control of
the collection, source separation, storage, transportation, processing,
treatment, recovery and disposal of hazardous waste.

      (h) "Hazardous waste transfer facility'' means 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. "Hazardous
waste transfer facility'' does not include hazardous waste disposal facilities
or permitted household hazardous waste facilities.

      (h) (i) "Manifest'' means the form prescribed by the secretary to be
used for identifying the quantity, composition, origin, routing and desti-
nation of hazardous waste during its transportation from the point of
generation to the point of disposal, treatment or storage.

      (i) (j) "Modification'' means the expansion or enlargement of a facility
beyond the boundaries established by an existing permit or any material
or substantial alteration or addition to an existing permitted facility which
would justify the application of permit conditions that would be materially
or substantially different from the conditions of the existing permit or are
absent from the existing permit.

      (j) (k) "Monitoring'' means all procedures used to (1) systematically
inspect and collect samples or require information and copy records or
data on the operational parameters of a facility, generator or a transporter;
or (2) to systematically collect and analyze data on the quality of the air,
groundwater, surface water or soil on or in the vicinity of a hazardous
waste generator, transporter or facility.

      (k) (l) "Off-site facility'' means a facility where treatment, storage or
disposal activities are conducted by a person other than the hazardous
waste generator.

      (l) (m) "On-site facility'' means a facility which is solely owned and
operated by the generator exclusively for the treatment, storage or dis-
posal of wastes which have been generated on the contiguous property
and includes the same or geographically contiguous property which may
be divided by public or private right-of-way, provided the entrance and
exit between the properties is at a crossroads intersection and access is
by crossing and not going along the right-of-way or noncontiguous prop-
erties owned by the same person but connected by a right-of-way which
the person controls and to which the public does not have access.

      (m) (n) "Permit'' means the document issued to a person by the sec-
retary which allows such person to construct and operate a hazardous
waste treatment, storage or disposal facility in the state.

      (n) (o) "Person'' means an individual, trust, firm, joint stock company,
federal agency, corporation, including a government corporation, part-
nership, state, municipality, commission, political subdivision of a state or
any interstate body.

      (o) (p) "Secretary'' means the secretary of the department of health
and environment.

      (p) (q) "Storage'' means the holding of hazardous waste for a tem-
porary period at the end of which the hazardous waste is treated, disposed
of or stored elsewhere.

      (q) (r) "Transporter'' means any person who is engaged in the off-
site transportation of hazardous waste by air, rail, land, highway or water.

      (r) (s) "Treatment'' means any method, technique, or process, in-
cluding neutralization, designed to change the physical, chemical or bi-
ological character or composition of any hazardous waste so as to neu-
tralize such waste or so as to recover energy or material resources from
the waste, to render such waste nonhazardous, or less hazardous, safer to
transport, store or dispose of or amenable for recovery, amenable for
storage or reduced in volume.

      (s) (t) "Waste'' means any garbage, refuse, sludge or other discarded
material which is abandoned or committed to treatment, storage or dis-
posal, including solid, liquid, semisolid, or contained gaseous materials
resulting from industrial, commercial, mining, community and agricul-
tural activities. Waste does not include solid or dissolved materials in
domestic sewage, in irrigation return flows, or solid or dissolved materials
or industrial discharges which are point sources subject to permits under
K.S.A. 65-165, and amendments thereto.

      (t) (u) "Acutely hazardous waste'' means a commercial chemical
product or manufacturing chemical intermediate having a generic name
listed in 40 CFR 261.33(e), as in effect on July 1, 1984, or any later version
as established in rules and regulations adopted by the secretary; or an off-
specification commercial chemical product or manufacturing chemical
intermediate which, if either met specifications, would have a generic
name listed in 40 CFR 261.33(e), as in effect on July 1, 1984, or any later
version as established in rules and regulations adopted by the secretary.

      (u) (v) "Underground injection'' means the subsurface emplacement
of fluids through a well for which a permit has been issued by the sec-
retary.

      (v) (w) "Land treatment'' means the practice of applying hazardous
waste onto or incorporating hazardous waste into the soil surface so that
it degrades or decomposes and renders the waste nonhazardous.

      (w) (x) "Above ground storage'' means the placement of container-
ized hazardous waste into an above ground structure for a temporary
period prior to the reuse or ultimate treatment or disposal of such waste.

      (x) (y) "Closure plan'' means a written document which identifies the
procedures by which the owner or operator of a hazardous waste man-
agement facility will close such facility so as to control, minimize or elim-
inate, to the extent necessary to prevent a threat to human health and the
environment, post-closure escape of hazardous waste, hazardous waste
constituents, leachate, contaminated rainfall or waste decomposition
products to the ground, groundwater, surface waters or to the atmos-
phere.

      (y) (z) "Post-closure plan'' means the written document which iden-
tifies the procedures by which the owner or operator of a hazardous waste
management facility shall provide, for a minimum of 30 years, for ground-
water protection, site security and maintenance of cover and leachate
collection systems.

      Sec.  2. K.S.A. 1998 Supp. 65-3441 is hereby amended to read as
follows: 65-3441. (a) It shall be unlawful for any person to:

      (1) Dump or deposit, or permit the dumping or depositing of any
hazardous waste regulated by this act into any facility which does not
comply with the provisions of this act or rules or regulations, standards
or orders of the secretary, but this provision shall not prohibit: (A) The
use of hazardous wastes in normal farming operations or in the processing
or manufacturing of other products in a manner that will not adversely
affect the public health or environment, or (B) a generator who period-
ically produces a quantity of hazardous waste less than the quantity reg-
ulated under subsection (k) of K.S.A. 65-3431, and amendments thereto,
from disposing such quantity of hazardous waste into a facility approved
by the department which has a permit issued under K.S.A. 65-3407, and
amendments thereto.

      (2) Construct, modify or operate a hazardous waste storage, treat-
ment or disposal facility without a permit or other required written ap-
proval from the secretary or to be in violation of the rules and regulations,
standards or orders of the secretary.

      (3) Violate any condition of any permit issued by the secretary.

      (4) Store, collect, treat or dispose of hazardous waste contrary to the
rules and regulations, standards or orders of the secretary.

      (5) Refuse or hinder entry, inspection, sampling and the examination
or copying of records related to the purposes of this act by an agent or
employee of the secretary after such agent or employee identifies and
gives notice of their purpose at any time.

      (6) Knowingly make any false material statement or representation
in any application, label, manifest, record, report, permit or other docu-
ment filed, maintained or used for purposes of compliance with this act.

      (7) Knowingly destroy, alter or conceal any record required to be
maintained under rules and regulations promulgated by the secretary pur-
suant to this act.

      (8) Fail to designate on a manifest a facility which is authorized to
operate under the federal hazardous waste program or under a state haz-
ardous waste program which has received approval to operate in lieu of
the federal hazardous waste program.

      (9) Transport hazardous waste to a facility which is not authorized to
operate under the federal hazardous waste program or under a state haz-
ardous waste program which has received approval to operate in lieu of
the federal hazardous waste program.

      (10) Add, mix or blend any hazardous waste with fuel oil or any other
fuel intended for use by residential consumers or sell such blended fuel
to a residential consumer.

      (11) Transport and dispose of, or cause the transportation and dis-
position of, hazardous waste in a manner contrary to the rules and reg-
ulations, standards or orders of the secretary. It shall not constitute a
defense to the generator that the generator acted through an independent
contractor in the transportation or disposition of the hazardous waste.

      (12) Operate a hazardous waste transfer facility at which hazardous
waste is transferred from one or more containers to one or more different
containers. The provisions of this subsection shall not apply to overpack-
ing of hazardous waste containers when the overpack containers are
marked with labels that contain all the information on the original labels.

      (b) Any person who violates any provision of paragraphs (1) to (10),
inclusive, of subsection (a) shall be guilty of a class A nonperson misde-
meanor and, upon conviction thereof, shall be punished as provided by
law. Any person who violates any provision of paragraph (11) or (12) of
subsection (a) shall be guilty of a severity level 10, nonperson felony and,
upon conviction thereof, shall be punished as provided by law.

      (c) Any person who knowingly violates any provisions of paragraphs
(1) to (11) (12), inclusive, of subsection (a) shall be guilty of a severity
level 6, nonperson felony and, in the case of a continuing violation, every
day such violation continues shall be deemed a separate violation, and,
upon conviction thereof, shall be punished as provided by law.

      (d) Any individual who violates any of the provisions of paragraphs
(1) to (11) (12), inclusive, of subsection (a) shall be legally responsible to
the same extent as if such acts were in the individual's own name or on
the individual's own behalf.

      (e) The county or district attorney of every county shall file appro-
priate actions for enforcement of this section upon request of the secre-
tary or upon the county or district attorney's own motion after consulta-
tion with the secretary.

      (f) No person shall be held responsible for failure to secure a permit
under the provisions of this section for the dumping or depositing of any
hazardous waste on land owned or leased by such person without their
expressed or implied consent, permission or knowledge.

 Sec.  3. K.S.A. 65-3430 and K.S.A. 1998 Supp. 65-3441 are hereby
repealed.

 Sec.  4. This act shall take effect and be in force from and after its
publication in the statute book.

I hereby certify that the above BILL originated in the
SENATE, and passed that body

____________________________________

SENATE concurred in
HOUSE amendments ______________________________

Passed the HOUSE
     as amended ______________________________

APPROVED ______________________________