Brief (1)
HB 2134 would make modifications to Kansas solid waste law, including adding waste tires to the definition of "solid waste" and clarifying that a "solid waste disposal area" includes all property described or included within any permit issued under the solid waste law.
In addition, the bill would authorize the Secretary of the Kansas Department of Health and Environment (KDHE) to allow transfer of a permit for a solid waste disposal area or a solid waste processing facility based on information submitted sufficient to conduct a background investigation of the new owner and a financial assurance evaluation. This information would need to be submitted not more than one year nor less than 60 days before the transfer. If the Secretary does not approve or disapprove the transfer within 30 days after all information is submitted, then the transfer would be deemed to be approved. The bill also would allow the Secretary to require a new permit application to be submitted in response to any change, either directly or indirectly, in ownership or control of the permitted real property or the existing permittee. This process for approval of transfer is in addition to other processes provided under current law.
The bill also would add one more activity to the list of conditions when the Secretary may allow persons not to have a solid waste permit. The Secretary may allow the storage of solid waste resulting from natural disasters at temporary waste transfer sites, when a request for storage is made by the local governmental authority having jurisdiction over the area.
Further, the bill would amend the unlawful act section of the solid waste law by making it unlawful to act as a waste tire transporter or mobile waste tire processor without a permit issued under the waste tire law. In addition, it would be unlawful to divide a solid waste disposal area which has been issued a permit into two or more parcels of real property for the purpose of selling or transferring a portion of the permitted area to a new owner without receiving prior approval of the Secretary. If the Secretary does not approve the division of the area within 60 days after the matter is submitted to the Secretary for approval, the division would be deemed to have been approved. The Secretary may deny the division.
Lastly, the bill would expand the entities that are eligible for recycling, source reduction, waste minimization, and public education grants to include colleges, universities, schools, and state agencies and provides that those entities would not be eligible for solid waste grant moneys if they are in substantial violation of any of the solid or hazardous waste laws.
Background
This bill was introduced at the request of a spokesperson from KDHE. At the hearing on the bill, a spokesperson from KDHE indicated that the bill was intended to update several sections of the solid waste statutes. The spokesperson offered amendments to the bill to address concerns expressed by business and governmental units. A spokesperson from Deffenbaugh Industries also offered some amendments to the bill. Written testimony was submitted by Waste Management. The Chairperson of the Committee appointed a subcommittee to work on the proposed amendments. The House Committee on Environment amended the bill to conform to the subcommittee's recommendations.
The Senate Committee on Natural Resources amended the bill to clarify that if the Secretary of KDHE does not approve or disapprove the division of a solid waste disposal area within 60 days, the division would be deemed to have been approved.
The fiscal note on the original bill indicates that KDHE does not anticipate any fiscal impact from the passage of the bill.
1. *Supplemental notes are prepared by the Legislative Research Department and do not express legislative intent. The supplemental note and fiscal note for this bill may be accessed on the Internet at http://www.ink.org/public/legislative/fulltext.cgi