Session of 2023
SENATE BILL No. 114
By Committee on Commerce
1-26
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
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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
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:
(1) 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; or
(2) operations at an advanced recycling facility.
(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.
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(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
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.
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(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
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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
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.
(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
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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;
(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
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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.
Sec. 3. This act shall take effect and be in force from and after its
publication in the statute book.
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