KS
Kansas Senate Bill SB114

Kansas 2023-2024 Regular Session

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11 Session of 2023
22 SENATE BILL No. 114
33 By Committee on Commerce
44 1-26
55 AN ACT concerning solid waste; relating to advanced recycling; creating
66 definitions for "advanced recycling" and related terms; separating
77 advanced recycling from the current solid waste management system;
88 amending K.S.A. 65-3402 and repealing the existing section.
99 Be it enacted by the Legislature of the State of Kansas:
1010 Section 1. K.S.A. 65-3402 is hereby amended to read as follows: 65-
1111 3402. As used in this act, unless the context otherwise requires:
1212 (a) (1) "Solid waste" means garbage, refuse, waste tires as defined by
1313 K.S.A. 65-3424, and amendments thereto, and other discarded materials,
1414 including, but not limited to, solid, semisolid, sludges, liquid and
1515 contained gaseous waste materials resulting from industrial, commercial,
1616 agricultural and domestic activities.
1717 (2) "Solid waste" does not include:
1818 (A) Hazardous wastes as defined by subsection (f) of K.S.A. 65-3430,
1919 and amendments thereto,;
2020 (B) recyclables or;
2121 (C) the waste of domestic animals as described by subsection (a)(1)
2222 of K.S.A. 65-3409, and amendments thereto.; or
2323 (D) post-use polymers and recovered feedstocks that are converted at
2424 an advanced recycling facility or held at such a facility prior to
2525 conversion through an advanced recycling process.
2626 (b) (1) "Solid waste management system" means the entire process of
2727 storage, collection, transportation, processing, and disposal of solid wastes
2828 by any person engaging in such process as a business, or by any state
2929 agency, city, authority, county or any combination thereof.
3030 (2) "Solid waste management system" does not include advanced
3131 recycling.
3232 (c) (1) "Solid waste processing facility" means incinerator,
3333 composting facility, household hazardous waste facility, waste-to-energy
3434 facility, transfer station, reclamation facility or any other location where
3535 solid wastes are consolidated, temporarily stored, salvaged or otherwise
3636 processed prior to being transported to a final disposal site. This term
3737 (2) "Solid waste processing facility" does not include a scrap material
3838 recycling and processing facility or an advanced recycling facility.
3939 (d) (1) "Solid waste disposal area" means any area used for the
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7676 disposal of solid waste from more than one residential premises, or one or
7777 more commercial, industrial, manufacturing or municipal operations.
7878 (2) "Solid waste disposal area" includes all property described or
7979 included within any permit issued pursuant to K.S.A. 65-3407, and
8080 amendments thereto.
8181 (e) "Person" means individual, partnership, firm, trust, company,
8282 association, corporation, individual or individuals having controlling or
8383 majority interest in a corporation, institution, political subdivision, state
8484 agency or federal department or agency.
8585 (f) "Waters of the state" means all streams and springs, and all bodies
8686 of surface or groundwater, whether natural or artificial, within the
8787 boundaries of the state.
8888 (g) "Secretary" means the secretary of health and environment.
8989 (h) "Department" means the Kansas department of health and
9090 environment.
9191 (i) "Disposal" means the discharge, deposit, injection, dumping,
9292 spilling, leaking or placing of any solid waste into or on any land or water
9393 so that such solid waste or any constituent thereof may enter the
9494 environment or be emitted into the air or discharged into any water.
9595 (j) "Open dumping" means the disposal of solid waste at any solid
9696 waste disposal area or facility which that is not permitted by the secretary
9797 under the authority of K.S.A. 65-3407, and amendments thereto, or the
9898 disposal of solid waste contrary to rules and regulations adopted pursuant
9999 to K.S.A. 65-3406, and amendments thereto.
100100 (k) "Generator" means any person who produces or brings into
101101 existence solid waste.
102102 (l) "Monitoring" means all procedures used to:
103103 (1) Systematically inspect and collect data on the operational
104104 parameters of a facility, an area or a transporter,; or
105105 (2) to systematically collect and analyze data on the quality of the air,
106106 groundwater, surface water or soils on or in the vicinity of a solid waste
107107 processing facility or solid waste disposal area.
108108 (m) "Closure" means the permanent cessation of:
109109 (1) Active disposal operations, abandonment of the disposal area,
110110 revocation of the permit or filling with waste of all areas and volume
111111 specified in the permit and preparing the area for the long-term care; or
112112 (2) operations at an advanced recycling facility.
113113 (n) "Postclosure" means that period of time subsequent to closure of a
114114 solid waste disposal area when actions at the site must be performed.
115115 (o) "Reclamation facility" means any location at which material
116116 containing a component defined as a hazardous substance pursuant to
117117 K.S.A. 65-3452a, and amendments thereto, or as an industrial waste
118118 pursuant to this section is processed.
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162162 (p) "Designated city" means a city or group of cities which that,
163163 through interlocal agreement with the county in which they are located, is
164164 delegated the responsibility for preparation, adoption or implementation of
165165 the county solid waste plan.
166166 (q) "Nonhazardous special waste" means any solid waste designated
167167 by the secretary as requiring extraordinary handling in a solid waste
168168 disposal area.
169169 (r) (1) "Recyclables" means any materials that will be used or reused,
170170 or prepared for use or reuse, as an ingredient in an industrial process to
171171 make a product, or as an effective substitute for a commercial product.
172172 (2) "Recyclables" includes, but is not limited to, paper, glass, plastic,
173173 municipal water treatment residues, as defined by K.S.A. 65-163, and
174174 amendments thereto, and metal, but.
175175 (3) "Recyclables" does not include yard waste.
176176 (s) "Scrap material processing industry" means any person who
177177 accepts, processes and markets recyclables.
178178 (t) "Scrap material recycling and processing facility" means a fixed
179179 location that utilizes machinery and equipment for processing only
180180 recyclables.
181181 (u) "Construction and demolition waste" means solid waste resulting
182182 from the construction, remodeling, repair and demolition of structures,
183183 roads, sidewalks and utilities; untreated wood and untreated sawdust from
184184 any source; treated wood from construction or demolition projects; small
185185 amounts of municipal solid waste generated by the consumption of food
186186 and drinks at construction or demolition sites, including, but not limited to,
187187 cups, bags and bottles; furniture and appliances from which ozone
188188 depleting chlorofluorocarbons have been removed in accordance with the
189189 provisions of the federal clean air act; solid waste consisting of motor
190190 vehicle window glass; and solid waste consisting of vegetation from land
191191 clearing and grubbing, utility maintenance, and seasonal or storm-related
192192 cleanup. Such wastes include, but are not limited to, bricks, concrete and
193193 other masonry materials, roofing materials, soil, rock, wood, wood
194194 products, wall or floor coverings, plaster, drywall, plumbing fixtures,
195195 electrical wiring, electrical components containing no hazardous materials,
196196 nonasbestos insulation and construction related packaging. "Construction
197197 and demolition waste" shall not include waste material containing friable
198198 asbestos, garbage, furniture and appliances from which ozone depleting
199199 chlorofluorocarbons have not been removed in accordance with the
200200 provisions of the federal clean air act, electrical equipment containing
201201 hazardous materials, tires, drums and containers even though such wastes
202202 resulted from construction and demolition activities. Clean rubble that is
203203 mixed with other construction and demolition waste during demolition or
204204 transportation shall be considered to be construction and demolition waste.
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248248 (v) (1) "Construction and demolition landfill" means a permitted solid
249249 waste disposal area used exclusively for the disposal on land of
250250 construction and demolition wastes. This term shall
251251 (2) "Construction and demolition landfill" does not include a site that
252252 is used exclusively for the disposal of clean rubble.
253253 (w) "Clean rubble" means the following types of construction and
254254 demolition waste: Concrete and concrete products including reinforcing
255255 steel, asphalt pavement, brick, rock and uncontaminated soil as defined in
256256 rules and regulations adopted by the secretary.
257257 (x) (1) "Industrial waste" means all solid waste resulting from
258258 manufacturing, commercial and industrial processes which that is not
259259 suitable for discharge to a sanitary sewer or treatment in a community
260260 sewage treatment plant or is not beneficially used in a manner that meets
261261 the definition of recyclables.
262262 (2) "Industrial waste" includes, but is not limited to: Mining wastes
263263 from extraction, beneficiation and processing of ores and minerals unless
264264 those minerals are returned to the mine site; fly ash, bottom ash, slag and
265265 flue gas emission wastes generated primarily from the combustion of coal
266266 or other fossil fuels; cement kiln dust; waste oil and sludges; waste oil
267267 filters; and fluorescent lamps.
268268 (y) "Composting facility" means any facility that composts wastes
269269 and has a composting area larger than one-half acre.
270270 (z) "Household hazardous waste facility" means a facility established
271271 for the purpose of collecting, accumulating and managing household
272272 hazardous waste and may also include small quantity generator waste or
273273 agricultural pesticide waste, or both. Household hazardous wastes are
274274 consumer products that when discarded exhibit hazardous characteristics.
275275 (aa) (1) "Waste-to-energy facility" means a facility that processes
276276 solid waste to produce energy or fuel.
277277 (2) "Waste-to-energy facility" does not include any advanced
278278 recycling facility.
279279 (bb) (1) "Transfer station" means any facility where solid wastes are
280280 transferred from one vehicle to another or where solid wastes are stored
281281 and consolidated before being transported elsewhere, but shall.
282282 (2) "Transfer station" does not include a collection box provided for
283283 public use as a part of a county-operated solid waste management system
284284 if the box is not equipped with compaction mechanisms or has a volume
285285 smaller than 20 cubic yards.
286286 (cc) "Municipal solid waste landfill" means a solid waste disposal
287287 area where residential waste is placed for disposal. A municipal solid
288288 waste landfill also may receive other nonhazardous wastes, including
289289 commercial solid waste, sludge and industrial solid waste.
290290 (dd) (1) "Construction related packaging" means small quantities of
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334334 packaging wastes that are generated in the construction, remodeling or
335335 repair of structures and related appurtenances.
336336 (2) "Construction related packaging" does not include packaging
337337 wastes that are generated at retail establishments selling construction
338338 materials, chemical containers generated from any source or packaging
339339 wastes generated during maintenance of existing structures.
340340 (ee) (1) "Industrial facility" includes all operations, processes and
341341 structures involved in the manufacture or production of goods, materials,
342342 commodities or other products located on, or adjacent to, an industrial site
343343 and is not limited to a single owner or to a single industrial process. For
344344 purposes of this act, it
345345 (2) "Industrial facility" includes all industrial processes and
346346 applications that may generate industrial waste which that may be
347347 disposed at a solid waste disposal area which that is permitted by the
348348 secretary and operated for the industrial facility generating the waste and
349349 used only for industrial waste.
350350 (ff) (1) "Advanced recycling" means a manufacturing process where
351351 already sorted post-use polymers and recovered feedstocks are purchased
352352 and then converted into basic raw materials, feedstocks, chemicals and
353353 other products through processes that include, but are not limited to,
354354 pyrolysis, gasification, depolymerization, catalytic cracking, reforming,
355355 hydrogenation, solvolysis, chemolysis and other similar technologies. The
356356 recycled products produced at advanced recycling facilities include, but
357357 are not limited to, monomers, oligomers, plastics, plastics and chemical
358358 feedstocks, basic and unfinished chemicals, coatings and adhesives.
359359 (2) "Advanced recycling" does not include incineration of plastics or
360360 waste-to-energy processes, and products sold as fuel.
361361 (3) For the purpose of this act and the implementation of any rules
362362 and regulations promulgated hereunder, recycled products produced at
363363 advanced recycling facilities shall be considered "recyclables" as defined
364364 in subsection (r).
365365 (gg) (1) "Advanced recycling facility" means a manufacturing facility
366366 that:
367367 (A) Receives, stores and converts post-use polymers and recovered
368368 feedstocks that are processed using advanced recycling;
369369 (B) is a manufacturing facility subject to applicable department of
370370 health and environment manufacturing regulations; and
371371 (C) the department may inspect to ensure that post-use polymers are
372372 used as raw material for advanced recycling and are not refuse or solid
373373 waste.
374374 (2) For the purpose of this act and the implementation of any rules
375375 and regulations promulgated hereunder, "advanced recycling facilities"
376376 shall not be considered solid waste disposal facilities, final disposal
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420420 facilities, solid waste management facilities, solid waste processing
421421 facilities, solid waste recovery facilities, incinerators or waste-to-energy
422422 facilities.
423423 (3) The owner or operator of an advanced recycling facility shall be
424424 responsible for the proper disposal of all recyclable material stored on the
425425 facility premises within 60 days of closure.
426426 (hh) "Mass balance attribution" means a chain of custody accounting
427427 methodology with rules defined by a third-party certification system that
428428 enables the attribution of the mass of advanced recycling feedstocks to one
429429 or more advanced recycling products.
430430 (ii) (1) "Post-use polymer" means a plastic that:
431431 (A) Is derived from any industrial, commercial, agricultural or
432432 domestic activities and includes pre-consumer recovered materials and
433433 post-consumer materials;
434434 (B) has been sorted from solid waste and other regulated waste but
435435 may contain residual amounts of waste such as organic material and
436436 incidental contaminants or impurities, such as paper labels and metal
437437 rings;
438438 (C) is not mixed with solid waste or hazardous waste on site or
439439 during processing at the advanced recycling facility;
440440 (D) is used or intended to be used as a feedstock for the
441441 manufacturing of feedstocks, raw materials or other intermediate products
442442 or final products using advanced recycling; and
443443 (E) is processed at an advanced recycling facility or held at such
444444 facility prior to processing.
445445 (2) The term "post-use polymer" shall be considered "recyclables" as
446446 defined in subsection (r).
447447 (jj) (1) "Recovered feedstock" means one or more of the following
448448 materials that has been processed so that it may be used as feedstock in an
449449 advanced recycling facility:
450450 (A) Post-use polymers; or
451451 (B) materials for which the United States environmental protection
452452 agency has made a nonwaste determination or has otherwise determined
453453 are feedstocks and not solid waste.
454454 (2) "Recovered feedstock" does not include unprocessed municipal
455455 solid waste or feedstock that has been mixed with solid waste or
456456 hazardous waste on site or during processing at an advanced recycling
457457 facility.
458458 (kk) "Recycled plastics" or "recycled plastic" means products that are
459459 produced:
460460 (1) From mechanical recycling of pre-consumer recovered feedstocks
461461 or plastics and post-consumer plastics; or
462462 (2) from the advanced recycling of pre-consumer recovered
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506506 feedstocks or plastics and post-consumer plastics through mass balance
507507 attribution under a third-party certification system.
508508 (ll) "Third-party certification system" means an international and
509509 multi-national third-party certification system that consists of a set of
510510 rules for the implementation of mass balance attribution approaches for
511511 advanced recycling of materials. Third-party certification systems include,
512512 but are not limited to: International sustainability and carbon
513513 certification; underwriter laboratories; scs recycled content; roundtable
514514 on sustainable biomaterials; ecoloop; and redcert2.
515515 Sec. 2. K.S.A. 65-3402 is hereby repealed.
516516 Sec. 3. This act shall take effect and be in force from and after its
517517 publication in the statute book.
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