Session of 2000
Effective: July 1, 2000
HOUSE BILL No. 2860
An Act concerning solid waste; amending K.S.A. 1999 Supp.
65-3415, 65-3415a
and 65-3415b and repealing the existing sections.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 1999 Supp.
65-3415 is hereby amended to read as
follows: 65-3415. (a) The secretary is authorized to assist
counties, des-
ignated cities or regional solid waste management entities by
administer-
ing grants to pay up to 60% of the costs of preparing and revising
official
plans for solid waste management systems in accordance with the
require-
ments of this act and the rules and regulations and standards
adopted
pursuant to this act, and for carrying out related studies,
surveys, inves-
tigations, inquiries, research and analyses.
(b) The secretary is authorized to assist
counties, designated cities,
municipalities, regional solid waste management entities that are
part of
an interlocal agreement entered into pursuant to K.S.A. 12-2901 et
seq.
and amendments thereto or other applicable statutes or private
entities,
by administering competitive grants that pay up to 75% of eligible
costs
incurred by such a county, city, regional entity or private entity
pursuant
to an approved solid waste management plan, for any project related
to
the development and operation of recycling, source reduction, waste
min-
imization and solid waste management public education programs.
Such
projects shall include, but not be limited to, the
implementation of inno-
vative waste processing technologies which demonstrate
nontraditional
methods to reduce waste volume by recovering materials or by
converting
the waste into usable by-products or energy through chemical or
physical
processes. To be eligible for competitive grants awarded
pursuant to this
section, a county, designated city, regional entity or private
entity must
be implementing a project which is part of a solid waste
management
plan approved by the secretary or implementing a project with
statewide
significance as determined by the secretary with the advice and
counsel
of the solid waste grants advisory committee.
(c) The secretary is authorized to assist
counties, cities or regional
solid waste management entities that are part of an interlocal
agreement
entered into pursuant to K.S.A. 12-2901 et seq. and amendments
thereto
or other applicable statutes, by administering grants that pay up
to 60%
of costs incurred by such a county, city or regional entity
for:
(1) The development and
first year of operation or enhancement of
temporary and permanent household hazardous waste programs
operated
in accordance with K.S.A. 65-3460 and amendments
thereto;
(2) the first year of operation
following initial start-up of temporary
and permanent household hazardous waste programs;
and
(3) educating the public regarding
changes in household hazardous
waste collection program operations or services.
(d) The secretary is authorized to assist
counties, cities or regional
solid waste management entities that are part of an interlocal
agreement
entered into pursuant to K.S.A. 12-2901 et seq. and amendments
thereto
or other applicable statutes, by administering grants that pay up
to 75%
of costs incurred by such a county, city or regional entity to
develop and
implement temporary agricultural pesticide collection programs.
(e) The secretary is authorized to assist
counties, cities or regional
solid waste management entities that are part of an interlocal
agreement
entered into pursuant to K.S.A. 12-2901 et seq. and amendments
thereto
or other applicable statutes, by administering grants that pay up
to 75%
of costs incurred by such a county, city, or regional entity to
develop and
implement exempt small quantity hazardous waste generator waste
col-
lection programs, subject to the following:
(1) The aggregate amount of all such
grants made for a fiscal year
shall not exceed $150,000; and
(2) no grantee shall receive any such
grants in an aggregate amount
exceeding $50,000.
(f) (1) Failure of a public or
private entity owning a municipal solid
waste landfill to pay solid waste tonnage fees on wastes
disposed in Kansas
pursuant to K.S.A. 65-3415b, and amendments thereto, shall
bar receipt
of any grant funds by such entity until fees and related
penalties have
been paid.
(2) Failure of a county or regional
authority to perform annual solid
waste plan reviews and five year public hearings, and submit
appropriate
notification to the secretary that such actions have been
carried out pur-
suant to K.S.A. 65-3405, and amendments thereto, shall bar
receipt of any
grant funds by any entity within the jurisdiction of such county
or re-
gional authority unless the grant would support a project
expected to yield
benefits to counties outside the jurisdiction of such county or
regional
authority.
(3) A city, county, regional authority
or private entity shall not be
eligible to receive grants authorized in K.S.A. 65-3415, and
amendments
thereto, if the department determines that such city, county,
regional au-
thority or private entity is operating in substantial violation
of applicable
solid and hazardous waste laws or rules and regulations.
(2) (4) The
secretary may establish additional minimum requirements
for grant eligibility.
(g) The secretary shall prepare
and deliver to the legislature on or
before January 2, 1998, a report which summarizes all solid
waste man-
agement grant program activities, solid waste management
fund revenues
and recommendations regarding continuation of solid waste
management
programs.
(g) If the secretary determines that a
grant recipient has utilized grant
moneys for purposes not authorized in the grant contract, the
secretary
may order the repayment of such moneys and cancel any remaining
de-
partment commitments under the grant. If the grant recipient
fails to
comply with the secretary's order, the secretary may initiate a
civil action
in district court to recover any unapproved expenditures,
including ad-
ministrative and legal expenses incurred to pursue such action.
Recovered
grant moneys or expenses shall be remitted to the state
treasurer, who
shall deposit the entire amount in the state treasury and credit
it to the
solid waste management fund.
(h) All grants shall be made in
accordance with appropriations acts
from the state general fund or appropriation
acts from moneys in the
solid waste management fund created by K.S.A. 65-3415a and
amend-
ments thereto.
(i) Local match requirements for all
solid waste grant programs may
be met by in-kind contributions from counties, designated cities,
regional
solid waste management entities or private entities.
Sec. 2. K.S.A. 1999 Supp. 65-3415a
is hereby amended to read as
follows: 65-3415a. (a) There is hereby created in the state
treasury the
solid waste management fund.
(b) The secretary shall remit at least
monthly to the state treasurer
all moneys collected or received by the secretary from the
following
sources:
(1) Solid waste tonnage fees imposed
pursuant to K.S.A. 65-3415b,
and amendments thereto;
(2) application and annual fees provided
for by K.S.A. 65-3407, and
amendments thereto;
(3) gifts, grants, reimbursements or
appropriations intended to be
used for the purposes of the fund, but excluding federal grants and
co-
operative agreements; and
(4) any other moneys provided by law.
Upon receipt thereof, the state treasurer
shall deposit in the state treas-
ury any amount remitted pursuant to this subsection and shall
credit the
entire amount to the solid waste management fund.
(c) Moneys in the solid waste management
fund shall be expended
for the following purposes:
(1) Grants to counties or groups of
counties or designated city or
cities pursuant to K.S.A. 65-3415, and amendments thereto;
(2) monitoring and investigating solid
waste management plans of
counties and groups of counties;
(3) payment of extraordinary costs
related to monitoring permitted
solid waste processing facilities and disposal areas, both during
operation
and after closure;
(4) payment of costs of postclosure
cleanup of permitted solid waste
disposal areas which, as a result of a postclosure occurrence, pose
a sub-
stantial hazard to public health or safety or to the
environment;
(5) emergency payment for costs of
cleanup of solid waste disposal
areas which were closed before the effective date of this act and
which
pose a substantial risk to the public health or safety or to the
environment,
but the total amount of such emergency payments during a fiscal
year
shall not exceed an amount equal to 50% of all amounts credited to
the
fund during the preceding fiscal year;
(6) payment for emergency action by the
secretary as necessary or
appropriate to assure that the public health or safety is not
threatened
whenever there is a release from a solid waste processing facility
or a solid
waste disposal area;
(7) payment for corrective action by the
secretary where the release
presents at an active or closed solid waste
processing facility or a solid
waste disposal area where solid waste management activity has
resulted
in an actual or potential threat to human health or the
environment, if
the owner or operator has not been identified or is unable or
unwilling
to perform corrective action;
(8) payment of the administrative,
technical and legal costs incurred
by the secretary in carrying out the provisions of K.S.A. 65-3401
through
65-3423, and amendments thereto, including the cost of any
additional
employees or increased general operating costs of the department
attrib-
utable therefor;
(9) development of educational materials
and programs for informing
the public about solid waste issues;
(10) direct payments to reimburse
counties or cities for household,
farmer or exempt small quantity generator hazardous wastes
generated
from persons not served by existing household hazardous waste
programs
or direct payment of contractors for the disposal costs of such
wastes; and
(11) payment of costs associated with the
solid waste grants advisory
board pursuant to K.S.A. 1999 Supp. 65-3426, and amendments
thereto;
(12) with the consent of the city or
county, payment for the removal
and disposal or on-site stabilization of solid waste which has
been illegally
dumped when the responsible party is unknown, unwilling or
unable to
perform the necessary corrective action, provided that: (A)
Moneys in the
fund shall be used to pay only 75% of the costs of such
corrective action
and the city or county shall pay the remaining 25% of such
costs; and (B)
not more than $10,000 per site shall be expended from the fund
for such
corrective action;
(13) payment of the costs to
administer regional or statewide waste
collection programs designed to remove hazardous materials and
wastes
from homes, farms, ranches, institutions and small businesses
not gener-
ally covered by state or federal hazardous waste laws and rules
and reg-
ulations; and
(14) payment for the disposal of
household hazardous waste gener-
ated as a result of community clean-up activities following
natural dis-
asters such as floods and tornados.
(d) If the secretary determines that
expenditures from the solid waste
management fund are necessary to perform authorized corrective
actions
related to solid waste management activities, the person or
persons re-
sponsible for illegal dumping activity or the operation or
long-term care
of a disposal area whose failure to comply with this act, rules and
regu-
lations promulgated thereunder, or permit conditions resulted in
such
determination, shall be responsible for the repayment of those
amounts
expended. The secretary shall take appropriate action to enforce
this pro-
vision against any responsible person. If amounts are recovered
for pay-
ment for corrective action pursuant to subsection (c)(12), 25%
of the
amount recovered shall be paid to the city or county that shared
in the
cost of the corrective action. Otherwise, the secretary
shall remit to the
state treasurer any amounts recovered and collected in such action.
The
state treasurer shall deposit all such amounts in the state
treasury and
credit the same to the solid waste management fund. Prior to
initiating
any corrective action activities authorized by this section, the
secretary
shall give written notice to the person or persons responsible
for the waste
to be cleaned up and to the property owner that the department
will
undertake corrective action if the responsible person or persons
do not
perform the necessary work within a specified time period. The
depart-
ment and its representatives are authorized to enter private
property to
perform corrective actions if the responsible party fails to
perform re-
quired clean-up work but no such entry shall be made without the
prop-
erty owner's consent except upon notice and hearing in
accordance with
the Kansas administrative procedure act and a finding that the
solid waste
creates a public nuisance or adversely affects the public health
or the
environment.
(e) Expenditures from the solid waste
management fund shall be
made in accordance with appropriations acts upon warrants of the
direc-
tor of accounts and reports issued pursuant to vouchers approved by
the
secretary or a person designated by the secretary.
(f) On or before the 10th of each month,
the director of accounts and
reports shall transfer from the state general fund to the solid
waste man-
agement fund interest earnings based on:
(1) The average daily balance of moneys
in the solid waste manage-
ment fund for the preceding month; and
(2) the net earnings rate of the pooled
money investment portfolio
for the preceding month.
(g) The solid waste management fund shall
be used for the purposes
set forth in this act and for no other governmental purposes. It is
the
intent of the legislature that the fund shall remain intact and
inviolate for
the purposes set forth in this act, and moneys in the fund shall
not be
subject to the provisions of K.S.A. 75-3722, 75-3725a and 75-3726a,
and
amendments thereto.
(h) The secretary shall prepare and
deliver to the legislature on or
before the first day of each regular legislative session, a
report which
summarizes all expenditures from the solid waste management
fund, fund
revenues and recommendations regarding the adequacy of the fund
to
support necessary solid waste management programs.
Sec. 3. K.S.A. 1999 Supp. 65-3415b
is hereby amended to read as
follows: 65-3415b. (a) Except for construction and
demolition landfills
and industrial solid waste landfills, There is
hereby imposed a state solid
waste tonnage fee of $1.00 for each ton or equivalent volume of
solid
waste disposed of at any solid waste disposal area in this state
other than
solid waste enumerated in subsection (c) or solid waste disposal
author-
ized by the secretary pursuant to subsection (a) of K.S.A.
65-3407c, and
amendments thereto.
(b) There is hereby imposed a state solid
waste tonnage fee of $1.00
for each ton or equivalent volume of construction and
demolition waste
disposed of at any construction and demolition landfill and
solid waste
disposed at any industrial solid waste landfill
solid waste transferred out
of Kansas through a transfer station, other than waste
enumerated in
subsection (c).
(c) The fees imposed by this section
shall not apply to:
(1) Any waste tire, as defined by
subsection (j) of K.S.A. 65-3424, and
amendments thereto, disposed in or at a permitted solid waste
disposal
area;
(2) any of the following wastes when
disposed of at a monofill per-
mitted by the department:
(A) Sludges from public drinking water
supply treatment plants;
(B) cement kiln dust from the manufacture
of portland and masonry
cement;
(C) flue gas desulfurization sludge, fly
ash and bottom ash from coal-
fired electric generating facilities; and
(D) foundry sand;
(3) clean rubble;
(4) solid waste solely consisting of
vegetation from land clearing and
grubbing, utility maintenance and seasonal or storm-related cleanup
but
such exception shall not apply to yard waste; and
(5) construction and demolition waste
disposed of by the federal gov-
ernment, by the state of Kansas, or by any city
or, county or other unit of
local government in the state of Kansas, or by any person on
behalf
thereof.
(d) The operator of a solid waste
disposal area or transfer station shall
pay the fee imposed by this section.
(e) The secretary of health and
environment shall administer, enforce
and collect the fee imposed by this section. The secretary shall
have the
authority to waive such fee when large quantities of waste are
generated
due to major natural disasters such as floods, tornados and
fires unless
persons paying such fees are able to recover such fees from the
federal
government. Except as otherwise provided by subsections (a)
and (b), all
laws and rules and regulations of the secretary of revenue relating
to the
administration, enforcement and collection of the retailers' sales
tax shall
apply to such fee insofar as they can be made applicable,
and. The sec-
retary of health and environment shall adopt such
additional any other
rules and regulations as necessary for the efficient and effective
admin-
istration, enforcement and collection thereof.
(f) The secretary of health and
environment shall remit daily at least
weekly to the state treasurer all moneys collected from fees
imposed
pursuant to subsections (a) and (b). Upon receipt thereof, the
state trea-
surer shall deposit the entire amount in the state treasury and
credit it to
the solid waste management fund created by K.S.A. 65-3415a and
amend-
ments thereto.
Sec. 4. K.S.A. 1999
Supp. 65-3415, 65-3415a and 65-3415b are
hereby repealed.
Sec. 5. This act
shall take effect and be in force from and after its
publication in the statute book.