SENATE BILL No. 331
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
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 SENATE BILL No. 331—page 2
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 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. SENATE BILL No. 331—page 3
(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.
(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
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; SENATE BILL No. 331—page 4
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
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 SENATE BILL No. 331—page 5
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 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. SENATE BILL No. 331—page 6
(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
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 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, SENATE BILL No. 331—page 7
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 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 SENATE BILL No. 331—page 8
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 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, SENATE BILL No. 331—page 9
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
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 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 SENATE BILL No. 331—page 10
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
th
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
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 SENATE BILL No. 331—page 11
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
publication in the statute book.
I hereby certify that the above BILL originated in the
SENATE, and passed that body
_________________________
_________________________
President of the Senate.
_________________________
Secretary of the Senate.
Passed the HOUSE ________________________
_________________________
Speaker of the House.
_________________________
Chief Clerk of the House.
APPROVED ____________________________
_________________________
Governor.