Session of 2000
         
HOUSE BILL No. 2698
         
By Committee on Local Government
         
1-24
         
  9             AN  ACT concerning solid waste; relating to the disposal thereof; amend-
10             ing K.S.A. 1999 Supp. 65-3407 and repealing the existing section.
11      
12       Be it enacted by the Legislature of the State of Kansas:
13             Section  1. K.S.A. 1999 Supp. 65-3407 is hereby amended to read as
14       follows: 65-3407. (a) Except as otherwise provided by K.S.A. 1999 Supp.
15       65-3407c and amendments thereto, no person shall construct, alter or
16       operate a solid waste processing facility or a solid waste disposal area of
17       a solid waste management system, except for clean rubble disposal sites,
18       without first obtaining a permit from the secretary.
19             (b) Every person desiring to obtain a permit to construct, alter or
20       operate a solid waste processing facility or disposal area shall make ap-
21       plication for such a permit on forms provided for such purpose by the
22       rules and regulations of the secretary and shall provide the secretary with
23       such information as necessary to show that the facility or area will comply
24       with the purpose of this act. Upon receipt of any application and payment
25       of the application fee, the secretary, with advice and counsel from the
26       local health authorities and the county commission, shall make an inves-
27       tigation of the proposed solid waste processing facility or disposal area
28       and determine whether it complies with the provisions of this act and any
29       rules and regulations and standards adopted thereunder. The secretary
30       also may consider the need for the facility or area in conjunction with the
31       county or regional solid waste management plan. If the investigation re-
32       veals that the facility or area conforms with the provisions of the act and
33       the rules and regulations and standards adopted thereunder, the secretary
34       shall approve the application and shall issue a permit for the operation of
35       each solid waste processing or disposal facility or area set forth in the
36       application. If the facility or area fails to meet the rules and regulations
37       and standards required by this act the secretary shall issue a report to the
38       applicant stating the deficiencies in the application. The secretary may
39       issue temporary permits conditioned upon corrections of construction
40       methods being completed and implemented.
41             (c) Before reviewing any application for permit, the secretary shall
42       conduct a background investigation of the applicant. The secretary shall
43       consider the financial, technical and management capabilities of the ap-


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


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


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


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  1       cility or solid waste disposal area, the secretary shall require the following
  2       information as part of the application:
  3             (1) Certification by the board of county commissioners or the mayor
  4       of a designated city responsible for the development and adoption of the
  5       solid waste management plan for the location where the processing facility
  6       or disposal area is or will be located that the processing facility or disposal
  7       area is consistent with the plan. This certification shall not apply to a solid
  8       waste disposal area for disposal of only solid waste produced on site from
  9       manufacturing and industrial processes or from on-site construction or
10       demolition activities.
11             (2) If the location is zoned, certification by the local planning and
12       zoning authority that the processing facility or disposal area is consistent
13       with local land use restrictions or, if the location is not zoned, certification
14       from the board of county commissioners that the processing facility or
15       disposal area is compatible with surrounding land use.
16             (3) For a solid waste disposal area permit issued on or after July 1,
17       1999, proof that the permittee owns the land where the disposal area will
18       be located, if the disposal area is: (A) A municipal solid waste landfill; or
19       (B) a solid waste disposal area that has: (i) A leachate or gas collection or
20       treatment system; (ii) waste containment systems or appurtenances with
21       planned maintenance schedules; or (iii) an environmental monitoring sys-
22       tem with planned maintenance schedules or periodic sampling and anal-
23       ysis requirements. This requirement shall not apply to a permit for lateral
24       or vertical expansion contiguous to a permitted solid waste disposal area
25       in operation on July 1, 1999, if such expansion is on land leased by the
26       permittee before April 1, 1999.
27             (m)  (1) No permit to construct or operate a regional solid waste proc-
28       essing facility or solid disposal area shall be issued on or after the effective
29       date of this act unless the question of the construction or operation of such
30       facility or area has been submitted to and approved at an election called
31       and held in the manner provided by section 2, and amendments thereto.
32       A copy of the certification of the results of such election shall be submitted
33       to the secretary as part of the application for a permit required by this
34       section.
35             (2) The provisions of this subsection shall not apply to any permit for
36       which an application has been submitted to the secretary prior to the
37       effective date of this act.
38             New Sec.  2. (a) Prior to submitting an application for a permit to
39       construct or operate a regional solid waste processing facility or regional
40       solid waste disposal area, the board of county commissioners of the county
41       in which such facility or area is to be located shall submit the question of
42       the construction or operation of such facility or area to the qualified elec-
43       tors of the county in which such facility or area is to be located. The


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  1       election shall be held at the next special, primary or general election of
  2       the county at which all qualified electors of the county are eligible to vote.
  3       Such election shall be called and held in the manner provided by the
  4       general election law. If a majority of the voters voting at such election
  5       vote in favor thereof, an application for a permit for the construction or
  6       operation of such facility or area may be submitted as required by K.S.A.
  7       65-3407, and amendments thereto.
  8             (b) The provisions of this section shall not apply to any permit for
  9       which an application has been submitted to the secretary prior to the
10       effective date of this act. 
11       Sec.  3. K.S.A. 1999 Supp. 65-3407 is hereby repealed.
12        Sec.  4. This act shall take effect and be in force from and after its
13       publication in the Kansas register.