SENATE BILL No. 114
AN ACT concerning solid waste; relating to advanced recycling; creating definitions for
"advanced recycling" and related terms; separating advanced recycling from the current
solid waste management system; amending K.S.A. 65-3402 and repealing the existing
section.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 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
contained gaseous waste materials resulting from industrial, commercial,
agricultural and domestic activities.
(2) "Solid waste" does not include:
(A) Hazardous wastes as defined by subsection (f) of K.S.A. 65-
3430, and amendments thereto,;
(B) recyclables or;
(C) the waste of domestic animals as described by subsection (a)(1)
of 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. This term
(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 Kansas 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.
(j) "Open dumping" means the disposal of solid waste at any solid
waste disposal area or facility which that is not permitted by the secretary
under the authority of K.S.A. 65-3407, and amendments thereto, or the SENATE BILL No. 114—page 2
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 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 which 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, but.
(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) "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; 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, but are 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. "Construction and
demolition waste" shall not include waste material containing friable SENATE BILL No. 114—page 3
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. This term shall
(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 which 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 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 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, but shall.
(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 SENATE BILL No. 114—page 4
structures involved in the manufacture or production of goods,
materials, commodities or other products located on, or adjacent to, an
industrial site and is not limited to a single owner or to a single
industrial process. For purposes of this act, it
(2) "Industrial facility" includes all industrial processes and
applications that may generate industrial waste which that may be
disposed at a solid waste disposal area which 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 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; SENATE BILL No. 114—page 5
(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. 2. K.S.A. 65-3402 is hereby repealed. SENATE BILL No. 114—page 6
Sec. 3. This act shall take effect and be in force from and after its
publication in the statute book.
I hereby certify that the above BILL originated in the
SENATE, and passed that body
_________________________
_________________________
President of the Senate.
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Secretary of the Senate.
Passed the HOUSE ________________________
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Speaker of the House.
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Chief Clerk of the House.
APPROVED ____________________________
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Governor.