Session of 2024
HOUSE BILL No. 2486
By Representative Minnix
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AN ACT concerning health and environment; relating to public water
supply systems and hazardous waste; removing the definition of lead-
free and an exception for leaded joints from public water supply system
laws; updating terminology relating to hazardous waste generated by
certain persons; amending K.S.A. 65-171r, 65-3415, 65-3415a and 65-
3460 and K.S.A. 2023 Supp. 65-3402 and repealing the existing
sections.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 65-171r is hereby amended to read as follows: 65-
171r. The following acts are prohibited:
(a) The operation of a public water supply system without first
obtaining a valid public water supply system permit under K.S.A. 65-163,
and amendments thereto;
(b) the operation of a public water supply system in violation of the
conditions of the public water supply system permit under K.S.A. 65-163,
and amendments thereto;
(c) the failure of a supplier of water under investigation to furnish
information to the secretary under K.S.A. 65-163, and amendments
thereto;
(d) the failure of a supplier of water to comply with any final order of
the secretary issued under the provisions of K.S.A. 65-163 or 65-163a, and
amendments thereto;
(e) the failure of a supplier of water to comply with a primary
drinking water standard established under K.S.A. 65-171m, and
amendments thereto, and rules and regulations adopted pursuant thereto
unless a variance or exception has been granted;
(f) the failure of a supplier of water to comply with the rules and
regulations of the secretary for monitoring, maintenance of records and
submission of reports, sampling and analysis of water and inspections
adopted under K.S.A. 65-171m, and amendments thereto;
(g) the failure of a supplier of water to give notice as required under
K.S.A. 65-171o, and amendments thereto, and rules and regulations
adopted pursuant thereto;
(h) using any pipe, solder or flux in the installation or repair of any
public water supply system or any plumbing in a residential or
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nonresidential facility providing water for human consumption, which that
is not lead-free, except that this paragraph shall not apply to leaded joints
necessary for the repair of cast iron pipes. As used in this paragraph, "lead-
free" means: (1) With respect to its usage in conjunction with solder and
flux, solder and flux containing not more than .2% lead, and (2) with
respect to its usage in conjunction with pipes and pipe fittings, pipes and
pipe fittings containing not more than 8% lead;
(i) the sale of unmarked lead solders and fluxes. A seller of lead
solders and fluxes in Kansas shall not sell any solder or flux containing
more than .2% lead unless the seller displays a sign and a label is affixed
to such product which that states: "Contains lead: Kansas law and federal
law prohibits the use of this product in any plumbing installation providing
water for human consumption.";
(j) the application of fertilizers, pesticides or other chemicals by any
person through any lawn irrigation system connected to a public water
supply system except that in areas where the public water supply system
has adopted a program for the detection and elimination of cross
connections and prevention of backflow and backsyphonage which that
has been approved by the secretary of health and environment, such
application may be permitted by the public water supply system upon its
periodic inspection and current approval of the installed air gap or reduced
pressure zone backflow prevention device which that isolates the irrigation
system; and
(k) the use by any person of a public water supply system as a source
of make-up water for bulk chemical application tanks except that: (1) In
areas where the public water supply system has adopted a program for the
detection and elimination of cross connections and prevention of backflow
and backsyphonage which that has been approved by the secretary of
health and environment, such use may be permitted by the public water
supply system upon its periodic inspection and current approval of an air
gap or reduced pressure zone backflow prevention device to protect the
public water supply; and (2) in areas where the public water supply system
has not adopted a program approved by the secretary of health and
environment, such use shall be permitted if an air gap or reduced pressure
zone backflow prevention device is used and such device meets nationally
recognized standards, as determined by the secretary of health and
environment.
Sec. 2. K.S.A. 2023 Supp. 65-3402 is hereby amended to read as
follows: 65-3402. As used in this act, unless the context otherwise
requires:
(a) (1) "Solid waste" means garbage, refuse, waste tires as defined by
K.S.A. 65-3424, and amendments thereto, and other discarded materials,
including, but not limited to, solid, semisolid, sludges, liquid and
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contained gaseous waste materials resulting from industrial, commercial,
agricultural and domestic activities.
(2) "Solid waste" does not include:
(A) Hazardous wastes as defined by K.S.A. 65-3430, and
amendments thereto;
(B) recyclables;
(C) the waste of domestic animals as described by K.S.A. 65-3409,
and amendments thereto; or
(D) post-use polymers and recovered feedstocks that are converted at
an advanced recycling facility or held at such a facility prior to conversion
through an advanced recycling process.
(b) (1) "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.
(2) "Solid waste management system" does not include advanced
recycling.
(c) (1) "Solid waste processing facility" means incinerator,
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.
(2) "Solid waste processing facility" does not include a scrap material
recycling and processing facility or an advanced recycling facility.
(d) (1) "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.
(2) "Solid waste disposal area" includes all property described or
included within any permit issued pursuant to K.S.A. 65-3407, and
amendments thereto.
(e) "Person" means individual, partnership, firm, trust, company,
association, corporation, individual or individuals having controlling or
majority 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
boundaries of the state.
(g) "Secretary" means the secretary of health and environment.
(h) "Department" means the department of health and environment.
(i) "Disposal" means the discharge, deposit, injection, dumping,
spilling, 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
environment or be emitted into the air or discharged into any water.
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(j) "Open dumping" means the disposal of solid waste at any solid
waste disposal area or facility that 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
existence solid waste.
(l) "Monitoring" means all procedures used to:
(1) Systematically inspect 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 area.
(m) "Closure" means the permanent cessation of active disposal
operations, 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.
(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 where
material containing 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 that, through
interlocal agreement with the county in which they are located, is
delegated 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
disposal area.
(r) (1) "Recyclables" means any materials 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.
(2) "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.
(3) "Recyclables" does not include yard waste.
(s) "Scrap material processing industry" means any person who
accepts, processes and markets recyclables.
(t) "Scrap material recycling and processing facility" means a fixed
location that utilizes machinery and equipment for processing only
recyclables.
(u) (1) "Construction and demolition waste" means solid waste
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resulting from the construction, remodeling, repair and demolition of
structures, roads, sidewalks and utilities; untreated wood and untreated
sawdust from any source; treated wood from construction or demolition
projects; small amounts of municipal solid waste generated by the
consumption of food and drinks at construction or demolition sites,
including, but not limited to, cups, bags and bottles; furniture and
appliances from which ozone depleting chlorofluorocarbons have been
removed in accordance with the provisions of the federal clean air act;
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
(2) "Construction and demolition waste" includes, but are is not
limited to, bricks, concrete and other masonry materials, roofing materials,
soil, rock, wood, wood products, wall or floor coverings, plaster, drywall,
plumbing fixtures, electrical wiring, electrical components containing no
hazardous materials, nonasbestos insulation and construction related
packaging.
(3) Clean rubble that is mixed with other construction and demolition
waste during demolition or transportation shall be considered
construction and demolition waste.
(4) "Construction and demolition waste" shall does not include waste
material containing friable asbestos, garbage, furniture and appliances
from which ozone depleting chlorofluorocarbons have not been removed
in accordance with the provisions of the federal clean air act, electrical
equipment containing hazardous materials, tires, drums and containers
even though such wastes resulted from construction and demolition
activities.
Clean rubble that is mixed with other construction and demolition
waste during demolition or transportation shall be considered to be
construction and demolition waste.
(v) (1) "Construction and demolition landfill" means a permitted solid
waste disposal area used exclusively for the disposal on land of
construction and demolition wastes.
(2) "Construction and demolition landfill" does not include a site that
is used exclusively for the disposal of clean rubble.
(w) "Clean rubble" means the following types of construction and
demolition waste: Concrete and concrete products including reinforcing
steel, asphalt pavement, brick, rock and uncontaminated soil as defined in
rules and regulations adopted by the secretary.
(x) (1) "Industrial waste" means all solid waste resulting from
manufacturing, commercial and industrial processes that is not suitable for
discharge to a sanitary sewer or treatment in a community sewage
treatment plant or is not beneficially used in a manner that meets the
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definition of recyclables.
(2) "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
hazardous waste and may also include small quantity generator waste. A
"household hazardous waste facility" may also collect, accumulate and
mange hazardous waste generated by persons who generate less than the
amounts specified in K.S.A. 65-3451(a) and (b)(3), and amendments
thereto, or agricultural pesticide waste, or both. Household hazardous
wastes are consumer products that when discarded exhibit hazardous
characteristics.
(aa) (1) "Waste-to-energy facility" means a facility that processes
solid waste to produce energy or fuel.
(2) "Waste-to-energy facility" does not include any advanced
recycling facility.
(bb) (1) "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.
(2) "Transfer station" does 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
commercial solid waste, sludge and industrial solid waste.
(dd) (1) "Construction related packaging" means small quantities of
packaging wastes that are generated in the construction, remodeling or
repair of structures and related appurtenances.
(2) "Construction related packaging" does not include packaging
wastes that are generated at retail establishments selling construction
materials, chemical containers generated from any source or packaging
wastes generated during maintenance of existing structures.
(ee) (1) "Industrial facility" includes all operations, processes and
structures involved in the manufacture or production of goods, materials,
commodities or other products located on, or adjacent to, an industrial site
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and is not limited to a single owner or to a single industrial process.
(2) "Industrial facility" includes all industrial processes and
applications that may generate industrial waste that may be disposed at a
solid waste disposal area that is permitted by the secretary and operated for
the industrial facility generating the waste and used only for industrial
waste.
(ff) (1) "Advanced recycling" means a manufacturing process where
already sorted post-use polymers and recovered feedstocks are purchased
and then converted into basic raw materials, feedstocks, chemicals and
other products through processes that include, but are not limited to,
pyrolysis, gasification, depolymerization, catalytic cracking, reforming,
hydrogenation, solvolysis, chemolysis and other similar technologies. The
recycled products produced at advanced recycling facilities include, but
are not limited to, monomers, oligomers, plastics, plastics and chemical
feedstocks, basic and unfinished chemicals, coatings and adhesives.
(2) "Advanced recycling" does not include incineration of plastics or
waste-to-energy processes, and products sold as fuel are not recycled
products.
(3) For the purpose of this act and the implementation of any rules
and regulations promulgated hereunder, recycled products produced at
advanced recycling facilities shall be considered "recyclables" as defined
in subsection (r).
(gg) (1) "Advanced recycling facility" means a manufacturing facility
that:
(A) Receives, stores and converts post-use polymers and recovered
feedstocks that are processed using advanced recycling;
(B) is a manufacturing facility subject to applicable department of
health and environment manufacturing regulations; and
(C) the department may inspect to ensure that post-use polymers are
used as raw material for advanced recycling and are not refuse or solid
waste.
(2) For the purpose of this act and the implementation of any rules
and regulations promulgated hereunder, "advanced recycling facilities"
shall not be considered solid waste disposal facilities, final disposal
facilities, solid waste management facilities, solid waste processing
facilities, solid waste recovery facilities, incinerators or waste-to-energy
facilities.
(3) The owner or operator of an advanced recycling facility shall be
responsible for the proper disposal of all recyclable material stored on the
facility premises within 60 days of closure.
(hh) "Mass balance attribution" means a chain of custody accounting
methodology with rules defined by a third-party certification system that
enables the attribution of the mass of advanced recycling feedstocks to one
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or more advanced recycling products.
(ii) (1) "Post-use polymer" means a plastic that:
(A) Is derived from any industrial, commercial, agricultural or
domestic activities and includes pre-consumer recovered materials and
post-consumer materials;
(B) has been sorted from solid waste and other regulated waste but
may contain residual amounts of waste such as organic material and
incidental contaminants or impurities, such as paper labels and metal rings;
(C) is not mixed with solid waste or hazardous waste on site or during
processing at the advanced recycling facility;
(D) is used or intended to be used as a feedstock for the
manufacturing of feedstocks, raw materials or other intermediate products
or final products using advanced recycling; and
(E) is processed at an advanced recycling facility or held at such
facility prior to processing.
(2) The term "post-use polymer" shall be considered "recyclables" as
defined in subsection (r).
(jj) (1) "Recovered feedstock" means one or more of the following
materials that has been processed so that it may be used as feedstock in an
advanced recycling facility:
(A) Post-use polymers; or
(B) materials for which the United States environmental protection
agency has made a nonwaste determination or has otherwise determined
are feedstocks and not solid waste.
(2) "Recovered feedstock" does not include unprocessed municipal
solid waste or feedstock that has been mixed with solid waste or hazardous
waste on site or during processing at an advanced recycling facility.
(kk) "Recycled plastics" or "recycled plastic" means products that are
produced:
(1) From mechanical recycling of pre-consumer recovered feedstocks
or plastics and post-consumer plastics; or
(2) from the advanced recycling of pre-consumer recovered
feedstocks or plastics and post-consumer plastics through mass balance
attribution under a third-party certification system.
(ll) "Third-party certification system" means an international and
multi-national third-party certification system that consists of a set of rules
for the implementation of mass balance attribution approaches for
advanced recycling of materials. Third-party certification systems include,
but are not limited to: International sustainability and carbon certification;
underwriter laboratories; scs recycled content; roundtable on sustainable
biomaterials; ecoloop; and redcert2.
Sec. 3. K.S.A. 65-3415 is hereby amended to read as follows: 65-
3415. (a) The secretary of health and environment is authorized to assist
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counties, designated cities or regional solid waste management entities by
administering grants to pay up to 60% of the costs of preparing and
revising official plans for solid waste management systems in accordance
with the requirements of this act and the rules and regulations and
standards adopted pursuant to this act, and for carrying out related studies,
surveys, investigations, 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, colleges, universities,
schools, state agencies or private entities, by administering competitive
grants that pay up to 75% of eligible costs incurred by such a county, city,
regional entity, college, university, school, state agency 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 minimization and solid waste management public education
programs. Such projects shall include, but not be limited to, the
implementation of innovative waste processing technologies which that
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, college, university, school, state agency or private entity must be
implementing a project which that 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 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
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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
collection programs for hazardous waste generated by persons who
generate less than the amounts specified in K.S.A. 65-3451(a) and (b)(3),
and amendments thereto, 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 any public or private entity to pay solid waste
tonnage fees as required 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
pursuant 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
regional 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, college, university, school, state
agency 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 authority, college, university, school, state
agency or private entity is operating in substantial violation of applicable
solid and hazardous waste laws or rules and regulations.
(4) The secretary may establish additional minimum requirements for
grant eligibility.
(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
department 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
administrative and legal expenses incurred to pursue such action.
Recovered grant moneys or expenses shall be remitted to the state
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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 appropriation acts
from moneys in the solid waste management 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.
Sec. 4. K.S.A. 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) (1) The secretary shall remit to the state treasurer, in accordance
with the provisions of K.S.A. 75-4215, and amendments thereto, all
moneys collected or received by the secretary from the following sources:
(1)(A) Solid waste tonnage fees imposed pursuant to K.S.A. 65-
3415b, and amendments thereto;
(2)(B) application and annual fees provided for by K.S.A. 65-3407,
and amendments thereto;
(3)(C) gifts, grants, reimbursements or appropriations intended to be
used for the purposes of the fund, but excluding federal grants and
cooperative agreements; and
(4)(D) any other moneys provided by law.
(2) Upon receipt of each such remittance, the state treasurer shall
deposit in the state treasury any amount remitted pursuant to this
subsection to the credit of 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 that, as a result of a postclosure occurrence, pose a
substantial hazard to public health or safety or to the environment;
(5) emergency payment for costs of cleanup of solid waste disposal
areas which that 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
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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 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
attributable 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, agricultural
pesticide wastes or hazardous wastes generated by persons who generate
less than the amounts specified in K.S.A. 65-3451(a) and (b)(3), and
amendments thereto, if generated from persons not served by existing
household hazardous waste programs or direct payment of contractors for
the disposal costs of such wastes;
(11) payment of costs associated with the solid waste grants advisory
board pursuant to K.S.A. 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
generally covered by state or federal hazardous waste laws and rules and
regulations; and
(14) payment for the disposal of household hazardous waste
generated as a result of community clean-up activities following natural
disasters 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
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responsible for illegal dumping activity or 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 appropriate action to enforce this
provision against any responsible person. If amounts are recovered for
payment 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 any amounts
recovered and collected in such action to the state treasurer in accordance
with the provisions of K.S.A. 75-4215, and amendments thereto. Upon
receipt of each such remittance, the state treasurer shall deposit the entire
amount in the state treasury to the credit of 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 department and its representatives are authorized to enter private
property to perform corrective actions if the responsible party fails to
perform required clean-up work, but no such entry shall be made without
the property 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 director
of accounts and reports issued pursuant to vouchers approved by the
secretary or a person designated by the secretary.
(f) On or before the 10
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of each month, the director of accounts and
reports shall transfer from the state general fund to the solid waste
management fund interest earnings based on:
(1) The average daily balance of moneys in the solid waste
management 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
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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. 5. K.S.A. 65-3460 is hereby amended to read as follows: 65-
3460. (a) The secretary of health and environment may coordinate
voluntary hazardous waste collection programs in order to:
(1) Provide for the safe collection and disposal of small quantities of:
(A) Household hazardous waste in the possession of homeowners,
householders, farmers and exempt small quantity hazardous waste
generators in amounts not exceeding the amount prescribed in K.S.A. 65-
3451 and amendments thereto;
(B) agricultural pesticide wastes; and
(C) hazardous wastes generated by persons who generate less than
the amounts specified in K.S.A. 65-3451(a) and (b)(3), and amendments
thereto;
(2) educate the public about the dangers posed by hazardous waste;
and
(3) encourage local units of government to develop local hazardous
waste collection programs either individually or jointly, the secretary of
health and environment may coordinate voluntary hazardous waste
collection programs to ensure the safe collection and disposal of such
waste.
(b) The secretary of health and environment may adopt rules and
regulations for conducting both hazardous temporary and permanent waste
collection programs. The secretary shall supervise the program and ensure
that the local unit of government contracts with a bonded waste handling
company approved by the secretary for implementation of the program.
(c) The secretary of health and environment may receive moneys for
use as grants to help defray the expense of operating hazardous waste
collection programs. Any money received to defray the cost of the
programs shall be deposited in the state treasury and credited to the
hazardous waste collection fund, which is hereby created. Costs and
expenses arising from the implementation of this section shall be paid
from such fund.
(d) Not later than the first day of each legislative session, the
secretary of health and environment shall submit to the speaker of the
house of representatives and the president of the senate a report on
hazardous waste collection programs carried out under this section during
the preceding calendar year.
Sec. 6. K.S.A. 65-171r, 65-3415, 65-3415a and 65-3460 and K.S.A.
2023 Supp. 65-3402 are hereby repealed.
Sec. 7. This act shall take effect and be in force from and after its
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publication in the statute book.1