Ch. 140             1997 Session Laws of Kansas             793

An Act concerning solid waste management; amending K.S.A. 12-2123, 19-2658, 65-3401,
65-3405, 65-3414 and 65-3415e and K.S.A. 1996 Supp. 65-3402, 65-3407, 65-3409, 65-
3415, 65-3415a, 65-3415b and 65-3415f and repealing the existing sections; also re-
pealing K.S.A. 65-3415c and 65-3422.

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

Section 1. K.S.A. 65-3401 is hereby amended to read as follows:
65-3401. It is hereby declared that protection of the health and welfare
of the citizens of Kansas requires the safe and sanitary disposal of solid
wastes. The legislature finds that the lack of adequate state regulations
and control of solid waste and solid waste management systems has re-
sulted in undesirable and inadequate solid waste management practices
that are detrimental to the health of the citizens of the state; degrade the
quality of the environment; and cause economic loss. For these reasons
it is the policy of the state to:

(a) Establish and maintain a cooperative state and local program of
planning and technical and financial assistance for comprehensive solid
waste management.

(b) Utilize the capabilities of private enterprise as well as the services
of public agencies to accomplish the desired objectives of an effective
solid waste management program.

(c) Require a permit for the operation of solid waste processing and
disposal systems.

(d) Achieve and maintain status for the Kansas department of health
and environment as an approved state agency for the purpose of admin-
istering federal municipal solid waste management laws and regulations.

(e) Encourage the wise use of resources through development of strat-
egies that reduce, reuse and recycle materials.

Sec. 2. K.S.A. 1996 Supp. 65-3402 is hereby amended to read as
follows: 65-3402. As used in this act, unless the context otherwise re-
quires:

(a) ``Solid waste'' means garbage, refuse and other discarded mate-
rials including, but not limited to, solid, semisolid, sludges, liquid and
contained gaseous waste materials resulting from industrial, commercial,
agricultural and domestic activities. Solid waste does not include hazard-
ous wastes as defined by subsection (f) of K.S.A. 65-3430, and amend-

794             1997 Session Laws of Kansas             Ch. 140

ments thereto, recyclables or the waste of domestic animals as described
by subsection (a)(1) of K.S.A. 65-3409, and amendments thereto.

(b) ``Solid waste management system'' means the entire process of
storage, collection, transportation, processing, and disposal of solid wastes
by any person engaging in such process as a business, or by any state
agency, city, authority, county or any combination thereof.

(c) ``Solid waste processing facility'' means incinerator, compost plant
composting facility, household hazardous waste facility, waste-to-energy
facility, transfer station, reclamation facility or any other location where
solid wastes are consolidated, temporarily stored, salvaged or otherwise
processed prior to being transported to a final disposal site. This term
does not include a scrap material recycling and processing facility.

(d) ``Solid waste disposal area'' means any area used for the disposal
of solid waste from more than one residential premises, or one or more
commercial, industrial, manufacturing or municipal operations.

(e) ``Person'' means individual, partnership, firm, trust, company, as-
sociation, corporation, individual or individuals having controlling or ma-
jority interest in a corporation, institution, political subdivision, state
agency or federal department or agency.

(f) ``Waters of the state'' means all streams and springs, and all bodies
of surface or groundwater, whether natural or artificial, within the bound-
aries of the state.

(g) ``Secretary'' means the secretary of health and environment.

(h) ``Department'' means the Kansas department of health and en-
vironment.

(i) ``Disposal'' means the discharge, deposit, injection, dumping, spill-
ing, leaking or placing of any solid waste into or on any land or water so
that such solid waste or any constituent thereof may enter the environ-
ment or be emitted into the air or discharged into any water.

(j) ``Open dumping'' means the disposal of solid waste at any solid
waste disposal area or facility which is not permitted by the secretary
under the authority of K.S.A. 65-3407, and amendments thereto, or the
disposal of solid waste contrary to rules and regulations adopted pursuant
to K.S.A. 65-3406, and amendments thereto.

(k) ``Generator'' means any person who produces or brings into ex-
istence solid waste.

(l) ``Monitoring'' means all procedures used to (1) systematically in-
spect and collect data on the operational parameters of a facility, an area
or a transporter, or (2) to systematically collect and analyze data on the
quality of the air, groundwater, surface water or soils on or in the vicinity
of a solid waste processing facility or solid waste disposal facility or area.

(m) ``Closure'' means the permanent cessation of active disposal op-
erations, abandonment of the disposal area, revocation of the permit or
filling with waste of all areas and volume specified in the permit and
preparing the area for the long-term care.

Ch. 140             1997 Session Laws of Kansas             795

(n) ``Postclosure'' means that period of time subsequent to closure of
a solid waste disposal area when actions at the site must be performed.

(o) ``Reclamation facility'' means any location at which material con-
taining a component defined as a hazardous substance pursuant to K.S.A.
65-3452a and amendments thereto or as an industrial waste pursuant to
this section is processed.

(p) ``Designated city'' means a city or group of cities which, through
interlocal agreement with the county in which they are located, is dele-
gated the responsibility for preparation, adoption or implementation of
the county solid waste plan.

(q) ``Nonhazardous special waste'' means any solid waste designated
by the secretary as requiring extraordinary handling in a solid waste dis-
posal area.

(r) ``Recyclables'' means any scrap materials that can be used as a
replacement for virgin material in manufacturing, including but not lim-
ited to ferrous metals, scrap paper products, scrap plastics and nonferrous
metals. Nonferrous metals shall be defined by rule and regulation mate-
rials that will be used or reused, or prepared for use or reuse, as an
ingredient in an industrial process to make a product, or as an effective
substitute for a commercial product. ``Recyclables'' includes, but is not
limited to, paper, glass, plastic, municipal water treatment residues, as
defined by K.S.A. 65-163 and amendments thereto, and metal, but does
not include yard waste.

(s) ``Scrap material processing industry'' means any person who ac-
cepts, processes and markets recyclables.

(t) ``Scrap material recycling and processing facility'' means a fixed
location that utilizes machinery and equipment for processing only re-
cyclables.

(u) ``Construction and demolition waste'' means solid waste resulting
from the construction, remodeling, repair and demolition of structures,
roads, sidewalks and utilities; untreated wood and untreated sawdust from
any source; solid waste consisting of motor vehicle window glass; and solid
waste consisting of vegetation from land clearing and grubbing, utility
maintenance, and seasonal or storm-related cleanup. Such wastes include,
but are not limited to, bricks, concrete and other masonry materials, roof-
ing materials, soil, rock, wood, wood products, wall covering or floor cov-
erings, plaster, drywall, plumbing fixtures, electrical wiring, electrical
components containing no hazardous materials and nonasbestos insula-
tion. It shall not include asbestos waste, garbage, cardboard, nonasbestos
insulation and construction related packaging. ``Construction and demo-
lition waste'' shall not include waste material containing friable asbestos,
garbage, furniture, appliances, electrical equipment containing hazardous
materials, tires, drums and containers even though such wastes resulted
from construction and demolition activities. Clean rubble that is mixed

796             1997 Session Laws of Kansas             Ch. 140

with other construction and demolition waste during demolition or trans-
portation shall be considered to be construction and demolition waste.

(v) ``Construction and demolition landfill'' means a permitted solid
waste disposal area used exclusively for the disposal on land of construc-
tion and demolition wastes. This term shall not include a site that is used
exclusively for the disposal of clean rubble.

(w) ``Clean rubble'' means inert uncontaminated construction and
demolition waste which includes concrete and concrete products, rein-
forcing steel, asphalt pavement, brick, soil or rock.

(x) ``Industrial waste'' means all solid waste resulting from manufac-
turing, commercial and industrial processes which is not suitable for dis-
charge to a sanitary sewer or treatment in a community sewage treatment
plant or is not beneficially used in a manner that meets the definition of
recyclables. Industrial waste includes, but is not limited to: Mining wastes
from extraction, beneficiation and processing of ores and minerals unless
those minerals are returned to the mine site; fly ash, bottom ash, slag and
flue gas emission wastes generated primarily from the combustion of coal
or other fossil fuels; cement kiln dust; waste oil and sludges; waste oil
filters; and fluorescent lamps.

(y) ``Composting facility'' means any facility that composts wastes and
has a composting area larger than one-half acre.

(z) ``Household hazardous waste facility'' means a facility established
for the purpose of collecting, accumulating and managing household haz-
ardous waste and may also include small quantity generator waste or
agricultural pesticide waste, or both. Household hazardous wastes are
consumer products that when discarded exhibit hazardous characteristics.

(aa) ``Waste-to-energy facility'' means a facility that processes solid
waste to produce energy or fuel.

(bb) ``Transfer station'' means any facility where solid wastes are
transferred from one vehicle to another or where solid wastes are stored
and consolidated before being transported elsewhere, but shall not include
a collection box provided for public use as a part of a county-operated
solid waste management system if the box is not equipped with compaction
mechanisms or has a volume smaller than 20 cubic yards.

(cc) ``Municipal solid waste landfill'' means a solid waste disposal area
where residential waste is placed for disposal. A municipal solid waste
landfill also may receive other nonhazardous wastes, including commer-
cial solid waste, sludge and industrial solid waste.

(dd) ``Construction related packaging'' means small quantities of
packaging wastes that are generated in the construction, remodeling or
repair of structures and related appurtenances. ``Construction related
packaging'' does not include packaging wastes that are generated at retail
establishments selling construction materials, chemical containers gener-
ated from any source or packaging wastes generated during maintenance
of existing structures.

Ch. 140             1997 Session Laws of Kansas             797

Sec. 3. K.S.A. 65-3405 is hereby amended to read as follows: 65-
3405. (a) Each county of this state, or a designated city, shall submit to
the secretary a workable plan for the management of solid waste in such
county. The plan developed by each county or designated city shall be
adopted by the governing body of such county or designated city if so
authorized. Two or more counties, by interlocal agreement entered into
pursuant to K.S.A. 12-2901 et seq., and amendments thereto, may de-
velop and adopt a regional plan in lieu of separate county plans. The
secretary shall not require the submission of county or regional plans
earlier than one year following completion and distribution of the state-
wide solid waste management plan provided for in subsection (a)(5) of
K.S.A. 65-3406, and amendments thereto. County and regional plans shall
be amended from time to time as changing conditions occur by filing
revisions with the secretary.

(b) There shall be established in each county or group of counties
cooperating in a regional plan a solid waste management committee. A
county by interlocal agreement may designate a city as the solid waste
management planning authority for the county. Subject to the require-
ments of this section, the membership of the committee, the terms of
committee members, the organization of the committee and selection of
its officers shall be determined by the county or counties by interlocal
agreement entered into pursuant to K.S.A. 12-2901 et seq., and amend-
ments thereto. The membership of the committee shall not exceed 30
members and shall include: (1) Representatives of incorporated cities
located in the county or counties, equal in number to five members rep-
resenting any cities of the first class, three members representing any
cities of the second class and one member representing any cities of the
third class; (2) one representative of unincorporated areas of the county
or counties; (3) representatives of the general public, citizen organiza-
tions, private industry, any private solid waste management industry op-
erating in the county or counties and any private recycling or scrap ma-
terial processing industry operating in the county or counties; (4) the
recycling coordinator, if any, of the county or counties; and (5) any other
persons deemed appropriate by the county or counties or designated city
or cities including, but not limited to, county commissioners, county en-
gineers, county health officers and county planners. Members of the com-
mittee shall be appointed by the board of county commissioners or gov-
erning body of the designated city, or by agreement of the boards of
county commissioners or governing bodies of the designated cities co-
operating in the plan. Members appointed to represent cities shall be
nominated by the mayor of the city represented, or by agreement of all
mayors of the cities represented if more than one city of the class is
located in the county or counties. If the nominee is not appointed or
rejected within 30 days after nomination, the nominee shall be deemed
appointed.

798             1997 Session Laws of Kansas             Ch. 140

(c) The solid waste management committee shall: (1) Be responsible
for the preparation of the solid waste management plan of the county or
group of counties participating in the committee; (2) review the plan at
least annually and submit to the secretary or the secretary's designee any
recommendations for revision of the plan; and; (3) at least every five years
hold a public hearing on the plan and future goals of solid waste man-
agement in the county or group of counties; and (4) notify the secretary
that the committee has completed the review or public hearing.

(d) Each county or group of counties is required to adopt and imple-
ment a solid waste management plan pursuant to this section and is re-
sponsible for continued and ongoing planning for systematic solid waste
management within the boundaries of such county or group of counties.
Each county or group of counties shall demonstrate that its planning
process includes regular communication with other counties or groups of
counties and reflects consideration of planning and solid waste manage-
ment practices that are ongoing in the state. The solid waste management
plan of each county or group of counties or designated city or cities shall
provide for a solid waste management system plan to serve the residents
of all townships and cities all generators of solid waste within the county
or group of counties.

(e) Every plan shall:

(1) Delineate areas within the jurisdiction of the political subdivision
or subdivisions where waste management systems are in existence and
areas where the solid waste management systems are planned to be avail-
able within a 10-year period.

(2) Reasonably Conform to the rules and regulations, standards and
procedures adopted by the secretary for implementation of this act.

(3) Provide for the orderly extension of solid waste management sys-
tems in a manner consistent with the needs and plans of the whole area,
and in a manner which will not contribute to pollution of the waters or
air of the state, nor constitute a public nuisance and shall otherwise pro-
vide for the safe and sanitary disposal of solid waste.

(4) Take into consideration Conform with existing comprehensive
plans, population trend projections, engineering and economics so as to
delineate with practicable precision those portions of the area which may
reasonably be expected to be served by a solid waste management system
within the next 10 years.

(5) Take into consideration existing acts and regulations affecting the
development, use and protection of air, water or land resources.

(6) Establish a time schedule and revenue schedule for the devel-
opment, construction and operation of the planned solid waste manage-
ment systems, together with the estimated cost thereof.

(7) Describe the elements of the plan which will require public ed-
ucation and include a plan for delivering such education.

Ch. 140             1997 Session Laws of Kansas             799

(8) Include such other reasonable information as the secretary re-
quires.

(9) Establish a schedule for the reduction of waste volumes taking in
consideration the following: (A) Source reduction; (B) reuse, recycling,
composting; and (C) land disposal.

(10) Take into consideration the development of specific manage-
ment programs for certain wastes, including but not limited to lead acid
batteries, household hazardous wastes, small quantities of hazardous
waste, white goods containing chlorofluorocarbons, pesticides and pesti-
cide containers, motor oil and yard waste.

(f) The plan and any revision of the plan shall be reviewed by appro-
priate official planning agencies within the area covered by the plan for
consistency with programs of comprehensive planning for the area. All
such reviews shall be transmitted to the secretary with the proposed plan
or revision.

(g) The secretary is hereby authorized to approve or disapprove plans
for solid waste management systems, or revisions of such plans, submitted
in accordance with this act. If a plan or revision is disapproved, the sec-
retary shall furnish any and all reasons for such disapproval, and the
county or group of counties whose plan or revision is disapproved may
request a hearing before the secretary in accordance with K.S.A. 65-3412,
and amendments thereto.

(h) The secretary is authorized to provide technical assistance to
counties or designated cities in coordinating plans for solid waste man-
agement systems required by this act, including revisions of such plans.

(i) The secretary may recommend that two or more counties adopt,
submit and implement a regional plan rather than separate county plans.

(j) The secretary may institute appropriate action to compel submis-
sion of plans or plan revisions in accordance with this act and the rules
and regulations, standards and procedures of the secretary.

(k) Upon approval of the secretary of a solid waste management plan,
the county or designated city is authorized and directed to implement the
provisions contained in the plan.

(l) A county cooperating in a regional solid waste management plan
may withdraw from such plan only:

(1) Upon approval by the secretary of new or revised solid waste
management plans for all counties cooperating in the old plan; and

(2) In accordance with the terms of the interlocal agreement adopting
the old plan or upon revision or termination of such agreement to permit
withdrawal; and

(2) upon a determination by the secretary that the existing regional
solid waste management plan will not be significantly affected by the
withdrawal.

Sec. 4. K.S.A. 1996 Supp. 65-3407 is hereby amended to read as

800             1997 Session Laws of Kansas             Ch. 140

follows: 65-3407. (a) It shall be unlawful for any person to Except as
otherwise provided by section 5, no person shall construct, alter or operate
a solid waste processing facility or a solid waste disposal area of a solid
waste management system, except for clean rubble disposal sites, without
first obtaining a permit from the secretary.

(b) Every person desiring to obtain a permit to construct, alter or
operate a solid waste storage, treatment or processing facility or disposal
area shall make application for such a permit on forms provided for such
purpose by the rules and regulations of the secretary and shall provide
the secretary with such information as necessary to show that the facility
or area will comply with the purpose of this act. Upon receipt of any
application and payment of the application fee, the secretary, with advice
and counsel from the local health authorities and the county commission,
shall make an investigation of the proposed solid waste processing facility
or disposal area and determine whether it complies with the provisions
of this act and any rules and regulations and standards adopted there-
under. The secretary also may consider the need for the facility or area
in conjunction with the county or regional solid waste management plan.
When If the investigation reveals that the facility or area does conform
conforms with the provisions of the act and the rules and regulations and
standards adopted thereunder, the secretary shall approve the application
and shall issue a permit for the operation of each solid waste processing
or disposal facility or area set forth in the application. In the event that
If the facility or area fails to meet the rules and regulations and standards
required by this act the secretary shall issue a report to the applicant
stating the deficiencies in the application. The secretary may issue tem-
porary permits conditioned upon corrections of construction methods be-
ing completed and implemented.

(c) Before reviewing any application for permit, the secretary shall
conduct a background investigation of the applicant. The secretary shall
consider the financial, technical and management capabilities of the ap-
plicant as conditions for issuance of a permit. The secretary may reject
the application prior to conducting an investigation into the merits of the
application if the secretary finds that:

(1) The applicant currently holds, or in the past has held, a permit
under this section and while the applicant held a permit under this section
the applicant violated a provision of subsection (a) of K.S.A. 65-3409, and
amendments thereto; or

(2) the applicant previously held a permit under this section and that
permit was revoked by the secretary; or

(3) the applicant failed or continues to fail to comply with any of the
provisions of the air, water or waste statutes, including rules and regula-
tions issued thereunder, relating to environmental protection or to the
protection of public health in this or any other state or the federal gov-
ernment of the United States, or any condition of any permit or license

Ch. 140             1997 Session Laws of Kansas             801

issued by the secretary; or if the secretary finds that the applicant has
shown a lack of ability or intention to comply with any provision of any
law referred to in this subsection or any rule and regulation or order or
permit issued pursuant to any such law as indicated by past or continuing
violations; or

(4) the applicant is a corporation and any principal, shareholder, or
other person capable of exercising total or partial control of such corpo-
ration could be determined ineligible to receive a permit pursuant to
subsection (c)(1), (2) or (3) above.

(d) Before reviewing any application for a permit, the secretary may
request that the attorney general perform a comprehensive criminal back-
ground investigation of the applicant; or in the case of a corporate appli-
cant, any principal, shareholder or other person capable of exercising total
or partial control of the corporation. The secretary may reject the appli-
cation prior to conducting an investigation into the merits of the appli-
cation if the secretary finds that serious criminal violations have been
committed by the applicant or a principal of the corporation.

(e) The fees for a solid waste processing or disposal permit shall be
established by rules and regulations adopted by the secretary. The fee for
the application and original permit shall not exceed $5,000. The annual
permit renewal fee shall not exceed $2,000. No refund shall be made in
case of revocation. In establishing fees for a construction and demolition
landfill, the secretary shall adopt a differential fee schedule based upon
the volume of construction and demolition waste to be disposed of at
such landfill. All fees shall be deposited in the state treasury and credited
to the solid waste management fund. A city, county, other political sub-
division or state agency shall be exempt from payment of the fee but shall
meet all other provisions of this act.

(f) Plans, designs and relevant data for the construction of solid waste
processing facilities and disposal sites shall be prepared by a professional
engineer licensed to practice in Kansas and shall be submitted to the
department for approval prior to the construction, alteration or operation
of such facility or area. In adopting rules and regulations, the secretary
may specify sites, areas or facilities where the environmental impact is
minimal and may waive such preparation requirements provided that a
review of such plans is conducted by a professional engineer licensed to
practice in Kansas.

(g) Each permit granted by the secretary, as provided in this act, shall
be subject to such conditions as the secretary deems necessary to protect
human health and the environment and to conserve the sites. Such con-
ditions shall include approval by the secretary of the types and quantities
of solid waste allowable for processing or disposal at the permitted loca-
tion.

(h) As a condition of granting a permit to operate any processing
facility or disposal area for solid waste, the secretary shall require the

802             1997 Session Laws of Kansas             Ch. 140

permittee to: (1) Provide a trust fund, surety bond, cash bond, a secured
trust fund, irrevocable letter of credit or insurance to pay costs of closure
and postclosure cleanup, or shall require the permittee to meet a financial
test established by the secretary for closure and postclosure, which test
may be met by a permittee's ad valorem taxing power. In addition, the
secretary shall require the permittee to provide liability insurance, in-
cluding coverage against sudden and nonsudden occurrences, or any com-
bination thereof, in such amount as determined necessary by the secretary
to insure the financial responsibility of the permittee for any: (1) Oper-
ational activities contemplated by the act, rules and regulations adopted
pursuant thereto, and the permit; and (2) liability incurred in the oper-
ation of the facility or area and to insure that, upon abandonment, ces-
sation or interruption of the operation of the facility or area, all appro-
priate measures are taken to prevent present or future damage to human
health and the environment surety bond guaranteeing payment, irrevo-
cable letter of credit or insurance policy, to pay the costs of closure and
postclosure care; or (2) pass a financial test or obtain a financial guarantee
from a related entity, to guarantee the future availability of funds to pay
the costs of closure and postclosure care. The secretary shall prescribe the
methods to be used by a permittee to demonstrate sufficient financial
strength to become eligible to use a financial test or a financial guarantee
procedure in lieu of providing the financial instruments listed in (1) above.
Solid waste processing facilities or disposal areas, except municipal solid
waste landfills, may also demonstrate financial assurance for closure and
postclosure care costs by use of ad valorem taxing power. In addition, the
secretary shall require the permittee to provide liability insurance cov-
erage during the period that the facility or area is active, and during the
term of the facility or area is subject to postclosure care, in such amount
as determined by the secretary to insure the financial responsibility of the
permittee for accidental occurrences at the site of the facility or area. Any
such liability insurance as may be required pursuant to this subsection or
pursuant to the rules and regulations of the secretary shall be issued by
an insurance company authorized to do business in Kansas or by a li-
censed insurance agent operating under authority of K.S.A. 40-246b, and
amendments thereto, and shall be subject to the insurer's policy provi-
sions filed with and approved by the commissioner of insurance pursuant
to K.S.A. 40-216, and amendments thereto, except as authorized by
K.S.A. 40-246b, and amendments thereto. Nothing contained in this sub-
section shall be deemed to apply to any state agency or department or
agency of the federal government.

(i) Permits granted by the secretary, as provided in this act: (1) Shall
not be transferable; and (2) shall be revocable or subject to suspension
whenever the secretary shall determine that the solid waste processing
or disposal facility or area is, or has been constructed or operated in
violation of this act or the rules and regulations or standards adopted

Ch. 140             1997 Session Laws of Kansas             803

pursuant to the act, or is creating or threatens to create a hazard to per-
sons or property in the area or to the environment, or is creating or
threatens to create a public nuisance, or upon the failure to make payment
of any fee required under this act. The secretary also may revoke, suspend
or refuse to issue a permit when the secretary determines that past or
continuing violations of the provisions of subsection (c)(3) of K.S.A. 65-
3407, and amendments thereto, have been committed by a permittee, or
any principal, shareholder or other person capable of exercising partial
or total control over a permittee.

(j) In case any permit is denied, suspended or revoked the person,
city, county or other political subdivision or state agency may request a
hearing before the secretary in accordance with K.S.A. 65-3412, and
amendments thereto.

(k) (1) No permit to construct or operate a solid waste disposal area
shall be issued on or after the effective date of this act if such area is
located within 1/2 mile of a navigable stream used for interstate commerce
or within one mile of an intake point for any public surface water supply
system.

(2) Any permit, issued before the effective date of this act, to con-
struct or operate a solid waste disposal area is hereby declared void if
such area is not yet in operation and is located within 1/2 mile of a navi-
gable stream used for interstate commerce or within one mile of an intake
point for any public surface water supply system.

(3) The provisions of this subsection shall not be construed to pro-
hibit: (A) Issuance of a permit for lateral expansion onto land contiguous
to a permitted solid waste disposal area in operation on the effective date
of this act; (B) issuance of a permit for a solid waste disposal area for
disposal of a solid waste by-product produced on-site; (C) renewal of an
existing permit for a solid waste area in operation on the effective date
of this act; or (D) activities which are regulated under K.S.A. 65-163
through 65-165 or 65-171d, and amendments thereto.

(l) Before reviewing any application for a solid waste processing fa-
cility or solid waste disposal area, the secretary shall require the following
information as part of the application:

(1) Certification by the board of county commissioners or the mayor
of a designated city responsible for the development and adoption of the
solid waste management plan for the location where the processing facility
or disposal area is or will be located that the processing facility or disposal
area is consistent with the plan. This certification shall not apply to a solid
waste disposal area for disposal of only solid waste produced on site from
manufacturing and industrial processes or from on-site construction or
demolition activities.

(2) If the location is zoned, certification by the local planning and
zoning authority that the processing facility or disposal area is consistent
with local land use restrictions or, if the location is not zoned, certification

804             1997 Session Laws of Kansas             Ch. 140

from the board of county commissioners that the processing facility or
disposal area is compatible with surrounding land use.

New Sec. 5. (a) The secretary may authorize persons to carry out the
following activities without a solid waste permit issued pursuant to K.S.A.
65-3407, and amendments thereto:

(1) Dispose of solid waste at a site where the waste has been accu-
mulated or illegally dumped. Disposal of some or all such waste must be
identified as an integral part of a site cleanup and closure plan submitted
to the department by the person responsible for the site. No additional
waste may be brought to the site following the department's approval of
the site cleanup and closure plan.

(2) Perform temporary projects to remediate soils contaminated by
organic constituents capable of being reduced in concentration by bio-
degradation processes or volatilization, or both. Soil to be treated may be
generated on-site or off-site. A project operating plan and a site closure
plan must be submitted to the department as part of the project approval
process.

(b) The secretary shall consider the following factors when determin-
ing eligibility for an exemption to the solid waste permitting requirements
under this section:

(1) Potential impacts to human health and the environment.

(2) Urgency to perform necessary work compared to typical permit-
ting timeframes.

(3) Costs and impacts of alternative waste handling methods.

(4) Local land use restrictions.

(5) Financial resources of responsible parties.

(6) Technical feasibility of proposed project.

(7) Technical capabilities of persons performing proposed work.

(c) The secretary may seek counsel from local government officials
prior to exempting activities from solid waste permitting requirements
under this section.

Sec. 6. K.S.A. 1996 Supp. 65-3409 is hereby amended to read as
follows: 65-3409. (a) It shall be unlawful for any person to:

(1) Dispose of any solid waste by open dumping, but this provision
shall not prohibit: (A) The use of solid wastes in normal farming opera-
tions or in the processing or manufacturing of other products in a manner
that will not create a public nuisance or adversely affect the public health;
or (B) an individual from dumping or depositing solid wastes resulting
from such individual's own residential or agricultural activities onto the
surface of land owned or leased by such individual when such wastes do
not create a public nuisance or adversely affect the public health or the
environment.

(2) Except as otherwise provided by section 5, construct, alter or op-
erate a solid waste storage, processing or disposal facility or area of a solid

Ch. 140             1997 Session Laws of Kansas             805

waste management system without a permit or other approval from the
secretary or be in violation of the rules and regulations, standards or
orders of the secretary.

(3) Violate any condition of any permit issued under K.S.A. 65-3407,
and amendments thereto.

(4) Conduct any solid waste burning operations in violation of the
provisions of the Kansas air quality act.

(5) Store, collect, transport, process, treat or dispose of solid waste
contrary to the rules and regulations, standards or orders of the secretary
or in such a manner as to create a public nuisance.

(6) 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.

(7) Violate subsection (b) of K.S.A. 65-3424a, subsection (c) of K.S.A.
65-3424b or K.S.A. 65-3424i, and amendments thereto.

(b) 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
solid waste on land owned or leased by such person without such person's
expressed or implied consent, permission or knowledge.

(c) Any person who violates any provision of subsection (a) shall be
guilty of a class A misdemeanor and, upon conviction thereof, shall be
punished as provided by law.

Sec. 7. K.S.A. 65-3414 is hereby amended to read as follows: 65-
3414. The county or district attorney of every county is hereby authorized
and directed to file appropriate actions for enforcement of this act upon
request of the secretary. The county or district attorney filing the action
shall notify the secretary before filing the action.

Sec. 8. K.S.A. 1996 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 develop and administer a base grant
program to assist counties, designated cities or regional solid waste man-
agement 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. Projects eligible for funding under the base grant
program include:

(1) Public education and training;

(2) solid waste management planning expenses;

806             1997 Session Laws of Kansas             Ch. 140

(3) worker training;

(4) local or regional solid waste reduction, reuse and recycling pro-
jects;

(5) local or regional household hazardous waste collection programs;

(6) closure and postclosure monitoring of old solid waste disposal
areas;

(7) construction of solid waste transfer stations;

(8) salaries for personnel conducting eligible base grant activities;

(9) consulting services for eligible base grant activities; and

(10) capital and equipment purchases for eligible base grant activities.

If a grantee is an individual county or designated city, the grant may
pay up to 60% of eligible project costs incurred in a fiscal year. If a grantee
is a regional entity, the grant may pay up to 75% of eligible project costs
incurred in the fiscal year beginning July 1, 1995, and up to 60% of eligible
project costs incurred in a subsequent fiscal year. The remainder of eli-
gible project costs shall be contributed by the county, designated city or
regional entity in either in-kind or monetary form.

(c) 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 to imple-
ment those aspects of pursuant to an approved solid waste management
plans plan, for any project related to the development and operation of
recycling, source reduction, waste minimization and solid waste manage-
ment public education programs. To be eligible for competitive grants
awarded pursuant to this section, a county, designated city, regional en-
tity 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.

(d) (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 the devel-
opment and first year of operation of temporary and permanent house-
hold hazardous waste programs operated in accordance with K.S.A. 65-
3460 and amendments thereto.

(e) (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%

Ch. 140             1997 Session Laws of Kansas             807

of costs incurred by such a county, city or regional entity to develop and
implement temporary agricultural pesticide collection programs.

(f) (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.

(g) (1) To be eligible for base grants awarded pursuant to this sec-
tion, the counties, cities or regional solid waste management entities must
submit to the department satisfactory proof that the county, city or re-
gional entity has published a request for proposals for the project to be
funded by the grant and has allowed sufficient time for notice and sub-
mission of proposals. The city, county or regional solid waste management
entity shall publish the request for proposals in the Kansas register and:
(A) In the official county newspaper as defined in K.S.A. 64-101, and
amendments thereto, if the applicant is a city or county; or (B) in the
official county newspaper as defined in K.S.A. 64-101, and amendments
thereto, of the county where the landfill is located if the applicant is a
regional solid waste management entity.

(2) To be eligible for base grants awarded pursuant to this section,
the counties, cities or regional solid waste management entities must be
participating in a solid waste management planning process or imple-
menting an approved solid waste management plan. To be eligible for
competitive grants awarded pursuant to this section, the counties, cities
or regional solid waste management entities must be implementing an
approved solid waste management plan. Indications of planning process
participation include the formation of a county or regional planning com-
mittee, regular solid waste planning committee meetings, amendment of
existing solid waste management plans and development of new compre-
hensive solid waste management plans.

(3) (f) (1) Failure 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 until fees and related penalties have been
paid.

(4) (2) The secretary may establish additional minimum requirements
for grant eligibility.

(h) (g) The secretary shall prepare and deliver to the legislature on
or before January 2, 1998, a report which summarizes all solid waste
management grant program activities, solid waste management fund rev-

808             1997 Session Laws of Kansas             Ch. 140

enues and recommendations regarding continuation of solid waste man-
agement programs.

(i) (h) All grants shall be made in accordance with appropriations acts
from the state general fund or from moneys in the solid waste manage-
ment fund created by K.S.A. 65-3415a and amendments 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. 9. K.S.A. 1996 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 trea-
sury 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, but the total
amount of expenditures from the fund in the fiscal year beginning July
1, 1995, for grants pursuant to subsection (b) of K.S.A. 65-3415 and
amendments thereto shall not exceed an amount equal to 20% of all
amounts credited to the fund during the preceding fiscal year;

(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,

Ch. 140             1997 Session Laws of Kansas             809

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 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. 1996 Supp. 65-3426, and amendments thereto.

(d) If the secretary determines that expenditures from the solid waste
management fund are necessary, the person or persons responsible for
the operation or long-term care of a disposal area whose failure to comply
with this act, rules and regulations promulgated thereunder, or permit
conditions resulted in such determination, shall be responsible for the
repayment of those amounts expended. The secretary shall take appro-
priate action to enforce this provision against any responsible person. 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.

(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

810             1997 Session Laws of Kansas             Ch. 140

(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.

Sec. 10. K.S.A. 1996 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.

(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, other than waste enumer-
ated 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 generated before January 1,
1996, from federal facilities as provided for under contract with the U.S.
army corps of engineers before the effective date of this act; and

(6) (5) construction and demolition waste disposed of by the state
and of Kansas, or by any city or county in the state of Kansas, or by any
person on their behalf thereof.

(d) The operator of a solid waste disposal area shall pay the fee im-
posed by this section.

(e) The secretary of health and environment shall administer, enforce
and collect the fee imposed by this section. Except as otherwise provided

Ch. 140             1997 Session Laws of Kansas             811

by subsections (a) and (b), all laws and rules and regulations of the sec-
retary of revenue relating to the administration, enforcement and collec-
tion of the retailers' sales tax shall apply to such fee insofar as they can
be made applicable, and the secretary of health and environment shall
adopt such additional rules and regulations as necessary for the efficient
and effective administration, enforcement and collection thereof.

(f) The secretary of health and environment shall remit daily to the
state treasurer all moneys collected from fees imposed pursuant to sub-
sections (a) and (b). Upon receipt thereof, the state treasurer 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 amendments thereto.

Sec. 11. K.S.A. 65-3415e is hereby amended to read as follows: 65-
3415e. (a) Except as provided by subsection (c), on and after July 1, 1993,
any county or group of counties operating a solid waste disposal area shall
levy a special charge on solid waste generated outside such county or
counties and deposited at such disposal area. Such charge may be higher
than charges levied on solid waste generated within the county or coun-
ties. The revenue from such charge may be used by the county or group
of counties for the development and implementation of its solid waste
management plan and the costs of closure and postclosure cleanup of
solid waste disposal areas within the county or group of counties.

(b) Except as provided by subsection (c), on and after July 1, 1993
(b), any county or group of counties operating a solid waste disposal area
shall levy a charge on any solid waste, whether generated within or outside
such county or counties, that is deposited at any privately owned solid
waste disposal area located in such county or counties. The revenue from
such charge may be used by the county or group of counties for the
development and implementation of its solid waste management plan and
the costs of closure and postclosure cleanup of solid waste disposal areas
within the county or group of counties.

(c) (b) The board of county commissioners of any county by unani-
mous vote may determine not to impose the fee provided for by subsec-
tion (a) or (b).

(d) (c) Any charges imposed by counties under this section shall be
in addition to any other fees, charges, franchise payments or taxes im-
posed for solid waste deposited at a solid waste disposal area. The sec-
retary of health and environment shall make available to counties infor-
mation as to the amounts paid by the operators of solid waste disposal
areas under the provisions of K.S.A. 65-3415b and amendments thereto.

Sec. 12. K.S.A. 1996 Supp. 65-3415f is hereby amended to read as
follows: 65-3415f. (a) As used in this section, terms have the meanings
provided by K.S.A. 65-3402 and amendments thereto.

(b) In addition to any other fee provided by law, the board of county
commissioners of any county may impose, by resolution adopted pursuant

812             1997 Session Laws of Kansas             Ch. 140

to this section, a solid waste tonnage fee for each ton or equivalent volume
of solid waste disposed of at any solid waste disposal area operated by
such county. Such fees shall not apply to:

(1) Any waste tire, as defined by 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 bot-
tom 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 generated before January 1,
1996, from federal facilities as provided for under contract with the U.S.
army corps of engineers before the effective date of this act; and

(6) (5) construction and demolition waste disposed of by the state of
Kansas or by any city or county in the state of Kansas, or by any person
on behalf of the state or any city or county thereof.

(c) Fees imposed pursuant to this section shall be collected by the
county and deposited in a special fund in the county treasury. All interest
earned on moneys in the fund shall also be deposited in the fund. If there
is more than one solid waste disposal area in the county where fees are
imposed pursuant to this section, a separate fund for each such disposal
area shall be maintained from the fees collected from such disposal area.
Money in the fund shall be used only for payment of costs of closure,
postclosure actions and contamination remediation associated with the
solid waste disposal area until the secretary determines that all require-
ments for closure, postclosure actions and contamination remediation as-
sociated with the disposal area have been met.

(d) The board of county commissioners, by resolution, may modify,
discontinue or reinstate the fee authorized by this section.

(e) Transfer or expenditure of moneys in a special fund provided for
by this section for any purpose other than authorized by this section is a
class A nonperson misdemeanor and constitutes grounds for forfeiture of
public office.

(f) If two or more counties jointly operate a solid waste disposal area,
the fee provided for by this section on solid waste disposed of at such
disposal area may be imposed, modified, discontinued or reinstated only
if a majority of the board of county commissioners of each county jointly
operating the disposal area votes to impose, modify, discontinue or re-
instate the fee.

Ch. 140             1997 Session Laws of Kansas             813

Sec. 13. K.S.A. 12-2123 is hereby amended to read as follows: 12-
2123. (a) Whenever the governing body of any city finds and determines
by resolution that it is necessary to acquire a site or sites for the disposal
of refuse or solid waste as defined by K.S.A. 65-3402(a) and amendments
thereto within or without the city, it the city may acquire such site or sites
by gift, purchase or condemnation and may construct necessary facilities
thereon and purchase necessary equipment for the disposal of such refuse
or solid waste. In the event the governing body of such city finds that it
is necessary to acquire such site or sites by condemnation, the governing
body of the city shall proceed under the provisions of K.S.A. 26-501 to
26-516 inclusive, and amendments thereto. Whenever any such city shall
so condemn such a site or sites, said city shall acquire a fee simple title
thereto. In order to pay for such site or sites and the construction of all
such necessary facilities and equipment to be used in the disposal of
refuse or solid waste, the governing body of such city is authorized to
issue general bonds of the city in the manner provided by law for the
issuance of general improvements bonds of the city.

(b) Any site or sites acquired pursuant to this section, and any facil-
ities or equipment thereon, shall be subject to all permit and other require-
ments of the solid waste management laws of this state.

Sec. 14. K.S.A. 19-2658 is hereby amended to read as follows: 19-
2658. (a) The board of county commissioners of any county is hereby
authorized to acquire by lease, condemnation or purchase, lands to be
used as a site for the disposal of refuse. ``Refuse'' for the purposes of this
act shall include garbage, trash and solid waste. Upon the acquisition of
any such site, the board may build or construct any necessary buildings,
incinerators or other structures or improvements thereon and may ac-
quire or make use of any equipment presently owned by the county nec-
essary for the proper, effective and sanitary disposal of refuse. If the board
of county commissioners shall deem it to be in the best interests of the
county, such board may in lieu of acquiring a site as hereinbefore au-
thorized, contract with any city or cities located within such county and
having a refuse disposal site, for the use of such disposal site upon such
terms and conditions as may be agreed upon by the board of county
commissioners and the governing body of the city and may acquire equip-
ment or make use of any equipment presently owned by the county pur-
suant thereto.

(b) Any site acquired pursuant to this section, and any structures,
improvements or equipment thereon, shall be subject to all permit and
other requirements of the solid waste management laws of this state.

Sec. 15. K.S.A. 12-2123, 19-2658, 65-3401, 65-3405, 65-3414, 65-
3415c, 65-3415e and 65-3422 and K.S.A. 1996 Supp. 65-3402, 65-3407,
65-3409, 65-3415, 65-3415a, 65-3415b and 65-3415f are hereby repealed.

814             1997 Session Laws of Kansas             Ch. 140

Sec. 16. This act shall take effect and be in force from and after its
publication in the statute book.

Approved April 24, 1997.