Session of 2000
HOUSE BILL No. 2751
By Committee on Environment
1-28
9 AN ACT
concerning solid waste; concerning recycling; amending K.S.A.
10 1999 Supp. 65-3405 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. 65-3405 is hereby amended to read as
14 follows: 65-3405. (a) Each county of this
state, or a designated city, shall
15 submit to the secretary a workable plan for
the management of solid waste
16 in such county. The plan developed by each
county or designated city
17 shall be adopted by the governing body of
such county or designated city
18 if so authorized. Two or more counties, by
interlocal agreement entered
19 into pursuant to K.S.A. 12-2901 et seq.,
and amendments thereto, may
20 develop and adopt a regional plan in lieu
of separate county plans. The
21 secretary shall not require the submission
of county or regional plans
22 earlier than one year following completion
and distribution of the state-
23 wide solid waste management plan provided
for in subsection (a)(5) of
24 K.S.A. 65-3406, and amendments thereto.
County and regional plans shall
25 be amended from time to time as changing
conditions occur by filing
26 revisions with the secretary.
27 (b) There shall
be established in each county or group of counties
28 cooperating in a regional plan a solid
waste management committee. A
29 county by interlocal agreement may
designate a city as the solid waste
30 management planning authority for the
county. Subject to the require-
31 ments of this section, the membership of
the committee, the terms of
32 committee members, the organization of the
committee and selection of
33 its officers shall be determined by the
county or counties by interlocal
34 agreement entered into pursuant to K.S.A.
12-2901 et seq., and amend-
35 ments thereto. The membership of the
committee shall not exceed 30
36 members and shall include: (1)
Representatives of incorporated cities
37 located in the county or counties, equal in
number to five members rep-
38 resenting any cities of the first class,
three members representing any
39 cities of the second class and one member
representing any cities of the
40 third class; (2) one representative of
unincorporated areas of the county
41 or counties; (3) representatives of the
general public, citizen organiza-
42 tions, private industry, any private solid
waste management industry op-
43 erating in the county or counties and any
private recycling or scrap ma-
2
1 terial processing industry operating
in the county or counties; (4) the
2 recycling coordinator, if any, of the
county or counties; and (5) any other
3 persons deemed appropriate by the
county or counties or designated city
4 or cities including, but not limited
to, county commissioners, county en-
5 gineers, county health officers and
county planners. Members of the com-
6 mittee shall be appointed by the
board of county commissioners or gov-
7 erning body of the designated city,
or by agreement of the boards of
8 county commissioners or governing
bodies of the designated cities co-
9 operating in the plan. Members
appointed to represent cities shall be
10 nominated by the mayor of the city
represented, or by agreement of all
11 mayors of the cities represented if more
than one city of the class is
12 located in the county or counties. If the
nominee is not appointed or
13 rejected within 30 days after nomination,
the nominee shall be deemed
14 appointed.
15 (c) The solid
waste management committee shall: (1) Be responsible
16 for the preparation of the solid waste
management plan of the county or
17 group of counties participating in the
committee; (2) review the plan at
18 least annually; (3) at least every five
years hold a public hearing on the
19 plan and future goals of solid waste
management in the county or group
20 of counties; and (4) notify the secretary
that the committee has completed
21 the review or public hearing.
22 (d) Each county
or group of counties is required to adopt and imple-
23 ment a solid waste management plan pursuant
to this section and is re-
24 sponsible for continued and ongoing
planning for systematic solid waste
25 management within the boundaries of such
county or group of counties.
26 The solid waste management plan of each
county or group of counties or
27 designated city or cities shall provide for
a solid waste management system
28 plan to serve all generators of solid waste
within the county or group of
29 counties.
30 (e) Every plan
shall:
31 (1) Delineate
areas within the jurisdiction of the political subdivision
32 or subdivisions where waste management
systems are in existence and
33 areas where the solid waste management
systems are planned to be avail-
34 able within a 10-year period.
35 (2) Conform to
the rules and regulations, standards and procedures
36 adopted by the secretary for implementation
of this act.
37 (3) Provide for
solid waste management systems in a manner consis-
38 tent with the needs and plans of the whole
area, and in a manner which
39 will not contribute to pollution of the
waters or air of the state, nor con-
40 stitute a public nuisance and shall
otherwise provide for the safe and
41 sanitary disposal of solid waste.
42 (4) Conform with
existing comprehensive plans, population trend
43 projections, engineering and economics so
as to delineate with practicable
3
1 precision those portions of the area
which may reasonably be expected
2 to be served by a solid waste
management system within the next 10 years.
3 (5) Take
into consideration existing acts and regulations affecting the
4 development, use and protection of
air, water or land resources.
5
(6) Establish a time schedule and revenue schedule for the
devel-
6 opment, construction and operation of
the planned solid waste manage-
7 ment systems, together with the
estimated cost thereof.
8
(7) Describe the elements of the plan which will require
public ed-
9 ucation and include a plan for
delivering such education.
10 (8) Include such
other reasonable information as the secretary
11 requires.
12 (9) Establish a
schedule for the reduction of waste volumes taking in
13 consideration the following: (A) Source
reduction; (B) reuse, recycling,
14 composting; and (C) land disposal.
15 (10) Take into
consideration the development of specific manage-
16 ment programs for certain wastes, including
but not limited to lead acid
17 batteries, household hazardous wastes,
small quantities of hazardous
18 waste, white goods containing
chlorofluorocarbons, pesticides and pesti-
19 cide containers, motor oil and yard
waste.
20 (11) Include,
if the county for which the plan is adopted has a pop-
21 ulation of more than 80,000, goals to
recycle at least 20% of solid waste
22 generated in 2002, at least 25% of solid
waste generated in 2003 and at
23 least 30% of solid waste generated in
2004.
24 (f) The plan and
any revision of the plan shall be reviewed by appro-
25 priate official planning agencies within
the area covered by the plan for
26 consistency with programs of comprehensive
planning for the area. All
27 such reviews shall be transmitted to the
secretary with the proposed plan
28 or revision.
29 (g) The secretary
is hereby authorized to approve or disapprove plans
30 for solid waste management systems, or
revisions of such plans, submitted
31 in accordance with this act. If a plan or
revision is disapproved, the sec-
32 retary shall furnish any and all reasons
for such disapproval, and the
33 county or group of counties whose plan or
revision is disapproved may
34 request a hearing before the secretary in
accordance with K.S.A. 65-3412,
35 and amendments thereto.
36 (h) The secretary
is authorized to provide technical assistance to
37 counties or designated cities in
coordinating plans for solid waste man-
38 agement systems required by this act,
including revisions of such plans.
39 (i) The secretary
may recommend that two or more counties adopt,
40 submit and implement a regional plan rather
than separate county plans.
41 (j) The secretary
may institute appropriate action to compel submis-
42 sion of plans or plan revisions in
accordance with this act and the rules
43 and regulations, standards and procedures
of the secretary.
4
1 (k) Upon
approval of the secretary of a solid waste management plan,
2 the county or designated city is
authorized and directed to implement the
3 provisions contained in the plan.
4 (l) A
county cooperating in a regional solid waste management plan
5 may withdraw from such plan only:
6
(1) In accordance with the terms of the interlocal
agreement
7 adopting the old plan or upon
revision or termination of such agreement
8 to permit withdrawal; and
9 (2) upon a
determination by the secretary that the existing regional
10 solid waste management plan will not be
significantly affected by the
11 withdrawal.
12 (m) On or
before February 1 of each year, each county, designated
13 city or group of counties required to
have a solid waste management plan
14 shall report to the secretary the types
of materials recycled, together with
15 the volume of each type, during the
preceding calendar year. The secre-
16 tary shall compile such reports and
submit them to the house standing
17 committee on environment and the senate
standing committee on energy
18 and natural resources on or before March
1 of the year when the reports
19 are filed.
20 Sec. 2. K.S.A. 1999 Supp.
65-3405 is hereby repealed.
21 Sec. 3. This act shall
take effect and be in force from and after its
22 publication in the statute book.