Kansas 2023-2024 Regular Session

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11 SENATE BILL No. 331
22 AN ACT concerning health and environment; relating to public water supply systems and
33 hazardous waste; removing the definition of lead-free and an exception for leaded
44 joints from public water supply system laws; updating terminology relating to
55 hazardous waste generated by certain persons; amending K.S.A. 65-171r, 65-3415,
66 65-3415a and 65-3460 and K.S.A. 2023 Supp. 65-3402 and repealing the existing
77 sections.
88 Be it enacted by the Legislature of the State of Kansas:
99 Section 1. K.S.A. 65-171r is hereby amended to read as follows:
1010 65-171r. The following acts are prohibited:
1111 (a) The operation of a public water supply system without first
1212 obtaining a valid public water supply system permit under K.S.A. 65-
1313 163, and amendments thereto;
1414 (b) the operation of a public water supply system in violation of
1515 the conditions of the public water supply system permit under K.S.A.
1616 65-163, and amendments thereto;
1717 (c) the failure of a supplier of water under investigation to furnish
1818 information to the secretary under K.S.A. 65-163, and amendments
1919 thereto;
2020 (d) the failure of a supplier of water to comply with any final order
2121 of the secretary issued under the provisions of K.S.A. 65-163 or 65-
2222 163a, and amendments thereto;
2323 (e) the failure of a supplier of water to comply with a primary
2424 drinking water standard established under K.S.A. 65-171m, and
2525 amendments thereto, and rules and regulations adopted pursuant thereto
2626 unless a variance or exception has been granted;
2727 (f) the failure of a supplier of water to comply with the rules and
2828 regulations of the secretary for monitoring, maintenance of records and
2929 submission of reports, sampling and analysis of water and inspections
3030 adopted under K.S.A. 65-171m, and amendments thereto;
3131 (g) the failure of a supplier of water to give notice as required
3232 under K.S.A. 65-171o, and amendments thereto, and rules and
3333 regulations adopted pursuant thereto;
3434 (h) using any pipe, solder or flux in the installation or repair of
3535 any public water supply system or any plumbing in a residential or
3636 nonresidential facility providing water for human consumption, which
3737 that is not lead-free, except that this paragraph shall not apply to leaded
3838 joints necessary for the repair of cast iron pipes. As used in this
3939 paragraph, "lead-free" means: (1) With respect to its usage in
4040 conjunction with solder and flux, solder and flux containing not more
4141 than .2% lead, and (2) with respect to its usage in conjunction with
4242 pipes and pipe fittings, pipes and pipe fittings containing not more than
4343 8% lead;
4444 (i) the sale of unmarked lead solders and fluxes. A seller of lead
4545 solders and fluxes in Kansas shall not sell any solder or flux containing
4646 more than .2% lead unless the seller displays a sign and a label is
4747 affixed to such product which that states: "Contains lead: Kansas law
4848 and federal law prohibits the use of this product in any plumbing
4949 installation providing water for human consumption.";
5050 (j) the application of fertilizers, pesticides or other chemicals by
5151 any person through any lawn irrigation system connected to a public
5252 water supply system except that in areas where the public water supply
5353 system has adopted a program for the detection and elimination of
5454 cross connections and prevention of backflow and backsyphonage
5555 which that has been approved by the secretary of health and
5656 environment, such application may be permitted by the public water
5757 supply system upon its periodic inspection and current approval of the
5858 installed air gap or reduced pressure zone backflow prevention device
5959 which that isolates the irrigation system; and
6060 (k) the use by any person of a public water supply system as a SENATE BILL No. 331—page 2
6161 source of make-up water for bulk chemical application tanks except
6262 that: (1) In areas where the public water supply system has adopted a
6363 program for the detection and elimination of cross connections and
6464 prevention of backflow and backsyphonage which that has been
6565 approved by the secretary of health and environment, such use may be
6666 permitted by the public water supply system upon its periodic
6767 inspection and current approval of an air gap or reduced pressure zone
6868 backflow prevention device to protect the public water supply; and (2)
6969 in areas where the public water supply system has not adopted a
7070 program approved by the secretary of health and environment, such use
7171 shall be permitted if an air gap or reduced pressure zone backflow
7272 prevention device is used and such device meets nationally recognized
7373 standards, as determined by the secretary of health and environment.
7474 Sec. 2. K.S.A. 2023 Supp. 65-3402 is hereby amended to read as
7575 follows: 65-3402. As used in this act, unless the context otherwise
7676 requires:
7777 (a) (1) "Solid waste" means garbage, refuse, waste tires as defined
7878 by K.S.A. 65-3424, and amendments thereto, and other discarded
7979 materials, including, but not limited to, solid, semisolid, sludges, liquid
8080 and contained gaseous waste materials resulting from industrial,
8181 commercial, agricultural and domestic activities.
8282 (2) "Solid waste" does not include:
8383 (A) Hazardous wastes as defined by K.S.A. 65-3430, and
8484 amendments thereto;
8585 (B) recyclables;
8686 (C) the waste of domestic animals as described by K.S.A. 65-
8787 3409, and amendments thereto; or
8888 (D) post-use polymers and recovered feedstocks that are converted
8989 at an advanced recycling facility or held at such a facility prior to
9090 conversion through an advanced recycling process.
9191 (b) (1) "Solid waste management system" means the entire process
9292 of storage, collection, transportation, processing, and disposal of solid
9393 wastes by any person engaging in such process as a business, or by any
9494 state agency, city, authority, county or any combination thereof.
9595 (2) "Solid waste management system" does not include advanced
9696 recycling.
9797 (c) (1) "Solid waste processing facility" means incinerator,
9898 composting facility, household hazardous waste facility, waste-to-
9999 energy facility, transfer station, reclamation facility or any other
100100 location where solid wastes are consolidated, temporarily stored,
101101 salvaged or otherwise processed prior to being transported to a final
102102 disposal site.
103103 (2) "Solid waste processing facility" does not include a scrap
104104 material recycling and processing facility or an advanced recycling
105105 facility.
106106 (d) (1) "Solid waste disposal area" means any area used for the
107107 disposal of solid waste from more than one residential premises, or one
108108 or more commercial, industrial, manufacturing or municipal operations.
109109 (2) "Solid waste disposal area" includes all property described or
110110 included within any permit issued pursuant to K.S.A. 65-3407, and
111111 amendments thereto.
112112 (e) "Person" means individual, partnership, firm, trust, company,
113113 association, corporation, individual or individuals having controlling or
114114 majority interest in a corporation, institution, political subdivision, state
115115 agency or federal department or agency.
116116 (f) "Waters of the state" means all streams and springs, and all
117117 bodies of surface or groundwater, whether natural or artificial, within
118118 the boundaries of the state.
119119 (g) "Secretary" means the secretary of health and environment. SENATE BILL No. 331—page 3
120120 (h) "Department" means the department of health and
121121 environment.
122122 (i) "Disposal" means the discharge, deposit, injection, dumping,
123123 spilling, leaking or placing of any solid waste into or on any land or
124124 water so that such solid waste or any constituent thereof may enter the
125125 environment or be emitted into the air or discharged into any water.
126126 (j) "Open dumping" means the disposal of solid waste at any solid
127127 waste disposal area or facility that is not permitted by the secretary
128128 under the authority of K.S.A. 65-3407, and amendments thereto, or the
129129 disposal of solid waste contrary to rules and regulations adopted
130130 pursuant to K.S.A. 65-3406, and amendments thereto.
131131 (k) "Generator" means any person who produces or brings into
132132 existence solid waste.
133133 (l) "Monitoring" means all procedures used to:
134134 (1) Systematically inspect and collect data on the operational
135135 parameters of a facility, an area or a transporter; or
136136 (2) to systematically collect and analyze data on the quality of the
137137 air, groundwater, surface water or soils on or in the vicinity of a solid
138138 waste processing facility or solid waste disposal area.
139139 (m) "Closure" means the permanent cessation of active disposal
140140 operations, abandonment of the disposal area, revocation of the permit
141141 or filling with waste of all areas and volume specified in the permit and
142142 preparing the area for the long-term care.
143143 (n) "Postclosure" means that period of time subsequent to closure
144144 of a solid waste disposal area when actions at the site must be
145145 performed.
146146 (o) "Reclamation facility" means any location at which where
147147 material containing a component defined as a hazardous substance
148148 pursuant to K.S.A. 65-3452a, and amendments thereto, or as an
149149 industrial waste pursuant to this section is processed.
150150 (p) "Designated city" means a city or group of cities that, through
151151 interlocal agreement with the county in which they are located, is
152152 delegated the responsibility for preparation, adoption or
153153 implementation of the county solid waste plan.
154154 (q) "Nonhazardous special waste" means any solid waste
155155 designated by the secretary as requiring extraordinary handling in a
156156 solid waste disposal area.
157157 (r) (1) "Recyclables" means any materials that will be used or
158158 reused, or prepared for use or reuse, as an ingredient in an industrial
159159 process to make a product, or as an effective substitute for a
160160 commercial product.
161161 (2) "Recyclables" includes, but is not limited to, paper, glass,
162162 plastic, municipal water treatment residues, as defined by K.S.A. 65-
163163 163, and amendments thereto, and metal.
164164 (3) "Recyclables" does not include yard waste.
165165 (s) "Scrap material processing industry" means any person who
166166 accepts, processes and markets recyclables.
167167 (t) "Scrap material recycling and processing facility" means a
168168 fixed location that utilizes machinery and equipment for processing
169169 only recyclables.
170170 (u) (1) "Construction and demolition waste" means solid waste
171171 resulting from the construction, remodeling, repair and demolition of
172172 structures, roads, sidewalks and utilities; untreated wood and untreated
173173 sawdust from any source; treated wood from construction or demolition
174174 projects; small amounts of municipal solid waste generated by the
175175 consumption of food and drinks at construction or demolition sites,
176176 including, but not limited to, cups, bags and bottles; furniture and
177177 appliances from which ozone depleting chlorofluorocarbons have been
178178 removed in accordance with the provisions of the federal clean air act; SENATE BILL No. 331—page 4
179179 solid waste consisting of motor vehicle window glass; and solid waste
180180 consisting of vegetation from land clearing and grubbing, utility
181181 maintenance, and seasonal or storm-related cleanup. Such wastes
182182 include
183183 (2) "Construction and demolition waste" includes, but are is not
184184 limited to, bricks, concrete and other masonry materials, roofing
185185 materials, soil, rock, wood, wood products, wall or floor coverings,
186186 plaster, drywall, plumbing fixtures, electrical wiring, electrical
187187 components containing no hazardous materials, nonasbestos insulation
188188 and construction related packaging.
189189 (3) Clean rubble that is mixed with other construction and
190190 demolition waste during demolition or transportation shall be
191191 considered construction and demolition waste.
192192 (4) "Construction and demolition waste" shall does not include
193193 waste material containing friable asbestos, garbage, furniture and
194194 appliances from which ozone depleting chlorofluorocarbons have not
195195 been removed in accordance with the provisions of the federal clean air
196196 act, electrical equipment containing hazardous materials, tires, drums
197197 and containers even though such wastes resulted from construction and
198198 demolition activities.
199199 Clean rubble that is mixed with other construction and demolition
200200 waste during demolition or transportation shall be considered to be
201201 construction and demolition waste.
202202 (v) (1) "Construction and demolition landfill" means a permitted
203203 solid waste disposal area used exclusively for the disposal on land of
204204 construction and demolition wastes.
205205 (2) "Construction and demolition landfill" does not include a site
206206 that is used exclusively for the disposal of clean rubble.
207207 (w) "Clean rubble" means the following types of construction and
208208 demolition waste: Concrete and concrete products including reinforcing
209209 steel, asphalt pavement, brick, rock and uncontaminated soil as defined
210210 in rules and regulations adopted by the secretary.
211211 (x) (1) "Industrial waste" means all solid waste resulting from
212212 manufacturing, commercial and industrial processes that is not suitable
213213 for discharge to a sanitary sewer or treatment in a community sewage
214214 treatment plant or is not beneficially used in a manner that meets the
215215 definition of recyclables.
216216 (2) "Industrial waste" includes, but is not limited to: Mining
217217 wastes from extraction, beneficiation and processing of ores and
218218 minerals unless those minerals are returned to the mine site; fly ash,
219219 bottom ash, slag and flue gas emission wastes generated primarily from
220220 the combustion of coal or other fossil fuels; cement kiln dust; waste oil
221221 and sludges; waste oil filters; and fluorescent lamps.
222222 (y) "Composting facility" means any facility that composts wastes
223223 and has a composting area larger than one-half acre.
224224 (z) "Household hazardous waste facility" means a facility
225225 established for the purpose of collecting, accumulating and managing
226226 household hazardous waste and may also include small quantity
227227 generator waste. A "household hazardous waste facility" may also
228228 collect, accumulate and mange hazardous waste generated by persons
229229 who generate less than the amounts specified in K.S.A. 65-3451(a) and
230230 (b)(3), and amendments thereto, or agricultural pesticide waste, or both.
231231 Household hazardous wastes are consumer products that when
232232 discarded exhibit hazardous characteristics.
233233 (aa) (1) "Waste-to-energy facility" means a facility that processes
234234 solid waste to produce energy or fuel.
235235 (2) "Waste-to-energy facility" does not include any advanced
236236 recycling facility.
237237 (bb) (1) "Transfer station" means any facility where solid wastes SENATE BILL No. 331—page 5
238238 are transferred from one vehicle to another or where solid wastes are
239239 stored and consolidated before being transported elsewhere.
240240 (2) "Transfer station" does not include a collection box provided
241241 for public use as a part of a county-operated solid waste management
242242 system if the box is not equipped with compaction mechanisms or has a
243243 volume smaller than 20 cubic yards.
244244 (cc) "Municipal solid waste landfill" means a solid waste disposal
245245 area where residential waste is placed for disposal. A municipal solid
246246 waste landfill also may receive other nonhazardous wastes, including
247247 commercial solid waste, sludge and industrial solid waste.
248248 (dd) (1) "Construction related packaging" means small quantities
249249 of packaging wastes that are generated in the construction, remodeling
250250 or repair of structures and related appurtenances.
251251 (2) "Construction related packaging" does not include packaging
252252 wastes that are generated at retail establishments selling construction
253253 materials, chemical containers generated from any source or packaging
254254 wastes generated during maintenance of existing structures.
255255 (ee) (1) "Industrial facility" includes all operations, processes and
256256 structures involved in the manufacture or production of goods,
257257 materials, commodities or other products located on, or adjacent to, an
258258 industrial site and is not limited to a single owner or to a single
259259 industrial process.
260260 (2) "Industrial facility" includes all industrial processes and
261261 applications that may generate industrial waste that may be disposed at
262262 a solid waste disposal area that is permitted by the secretary and
263263 operated for the industrial facility generating the waste and used only
264264 for industrial waste.
265265 (ff) (1) "Advanced recycling" means a manufacturing process
266266 where already sorted post-use polymers and recovered feedstocks are
267267 purchased and then converted into basic raw materials, feedstocks,
268268 chemicals and other products through processes that include, but are
269269 not limited to, pyrolysis, gasification, depolymerization, catalytic
270270 cracking, reforming, hydrogenation, solvolysis, chemolysis and other
271271 similar technologies. The recycled products produced at advanced
272272 recycling facilities include, but are not limited to, monomers,
273273 oligomers, plastics, plastics and chemical feedstocks, basic and
274274 unfinished chemicals, coatings and adhesives.
275275 (2) "Advanced recycling" does not include incineration of plastics
276276 or waste-to-energy processes, and products sold as fuel are not recycled
277277 products.
278278 (3) For the purpose of this act and the implementation of any rules
279279 and regulations promulgated hereunder, recycled products produced at
280280 advanced recycling facilities shall be considered "recyclables" as
281281 defined in subsection (r).
282282 (gg) (1) "Advanced recycling facility" means a manufacturing
283283 facility that:
284284 (A) Receives, stores and converts post-use polymers and
285285 recovered feedstocks that are processed using advanced recycling;
286286 (B) is a manufacturing facility subject to applicable department of
287287 health and environment manufacturing regulations; and
288288 (C) the department may inspect to ensure that post-use polymers
289289 are used as raw material for advanced recycling and are not refuse or
290290 solid waste.
291291 (2) For the purpose of this act and the implementation of any rules
292292 and regulations promulgated hereunder, "advanced recycling facilities"
293293 shall not be considered solid waste disposal facilities, final disposal
294294 facilities, solid waste management facilities, solid waste processing
295295 facilities, solid waste recovery facilities, incinerators or waste-to-
296296 energy facilities. SENATE BILL No. 331—page 6
297297 (3) The owner or operator of an advanced recycling facility shall
298298 be responsible for the proper disposal of all recyclable material stored
299299 on the facility premises within 60 days of closure.
300300 (hh) "Mass balance attribution" means a chain of custody
301301 accounting methodology with rules defined by a third-party
302302 certification system that enables the attribution of the mass of advanced
303303 recycling feedstocks to one or more advanced recycling products.
304304 (ii) (1) "Post-use polymer" means a plastic that:
305305 (A) Is derived from any industrial, commercial, agricultural or
306306 domestic activities and includes pre-consumer recovered materials and
307307 post-consumer materials;
308308 (B) has been sorted from solid waste and other regulated waste but
309309 may contain residual amounts of waste such as organic material and
310310 incidental contaminants or impurities, such as paper labels and metal
311311 rings;
312312 (C) is not mixed with solid waste or hazardous waste on site or
313313 during processing at the advanced recycling facility;
314314 (D) is used or intended to be used as a feedstock for the
315315 manufacturing of feedstocks, raw materials or other intermediate
316316 products or final products using advanced recycling; and
317317 (E) is processed at an advanced recycling facility or held at such
318318 facility prior to processing.
319319 (2) The term "post-use polymer" shall be considered "recyclables"
320320 as defined in subsection (r).
321321 (jj) (1) "Recovered feedstock" means one or more of the following
322322 materials that has been processed so that it may be used as feedstock in
323323 an advanced recycling facility:
324324 (A) Post-use polymers; or
325325 (B) materials for which the United States environmental
326326 protection agency has made a nonwaste determination or has otherwise
327327 determined are feedstocks and not solid waste.
328328 (2) "Recovered feedstock" does not include unprocessed
329329 municipal solid waste or feedstock that has been mixed with solid
330330 waste or hazardous waste on site or during processing at an advanced
331331 recycling facility.
332332 (kk) "Recycled plastics" or "recycled plastic" means products that
333333 are produced:
334334 (1) From mechanical recycling of pre-consumer recovered
335335 feedstocks or plastics and post-consumer plastics; or
336336 (2) from the advanced recycling of pre-consumer recovered
337337 feedstocks or plastics and post-consumer plastics through mass balance
338338 attribution under a third-party certification system.
339339 (ll) "Third-party certification system" means an international and
340340 multi-national third-party certification system that consists of a set of
341341 rules for the implementation of mass balance attribution approaches for
342342 advanced recycling of materials. Third-party certification systems
343343 include, but are not limited to: International sustainability and carbon
344344 certification; underwriter laboratories; scs recycled content; roundtable
345345 on sustainable biomaterials; ecoloop; and redcert2.
346346 Sec. 3. K.S.A. 65-3415 is hereby amended to read as follows: 65-
347347 3415. (a) The secretary of health and environment is authorized to
348348 assist counties, designated cities or regional solid waste management
349349 entities by administering grants to pay up to 60% of the costs of
350350 preparing and revising official plans for solid waste management
351351 systems in accordance with the requirements of this act and the rules
352352 and regulations and standards adopted pursuant to this act, and for
353353 carrying out related studies, surveys, investigations, inquiries, research
354354 and analyses.
355355 (b) The secretary is authorized to assist counties, designated cities, SENATE BILL No. 331—page 7
356356 municipalities, regional solid waste management entities that are part of
357357 an interlocal agreement entered into pursuant to K.S.A. 12-2901 et
358358 seq., and amendments thereto, or other applicable statutes, colleges,
359359 universities, schools, state agencies or private entities, by administering
360360 competitive grants that pay up to 75% of eligible costs incurred by such
361361 a county, city, regional entity, college, university, school, state agency
362362 or private entity pursuant to an approved solid waste management plan,
363363 for any project related to the development and operation of recycling,
364364 source reduction, waste minimization and solid waste management
365365 public education programs. Such projects shall include, but not be
366366 limited to, the implementation of innovative waste processing
367367 technologies which that demonstrate nontraditional methods to reduce
368368 waste volume by recovering materials or by converting the waste into
369369 usable by-products or energy through chemical or physical processes.
370370 To be eligible for competitive grants awarded pursuant to this section, a
371371 county, designated city, regional entity, college, university, school, state
372372 agency or private entity must be implementing a project which that is
373373 part of a solid waste management plan approved by the secretary or
374374 implementing a project with statewide significance as determined by
375375 the secretary with the advice and counsel of the solid waste grants
376376 advisory committee.
377377 (c) The secretary is authorized to assist counties, cities or regional
378378 solid waste management entities that are part of an interlocal agreement
379379 entered into pursuant to K.S.A. 12-2901 et seq., and amendments
380380 thereto, or other applicable statutes, by administering grants that pay up
381381 to 60% of costs incurred by such a county, city or regional entity for:
382382 (1) The development or enhancement of temporary and permanent
383383 household hazardous waste programs operated in accordance with
384384 K.S.A. 65-3460, and amendments thereto;
385385 (2) the first year of operation following initial start-up of
386386 temporary and permanent household hazardous waste programs; and
387387 (3) educating the public regarding changes in household
388388 hazardous waste collection program operations or services.
389389 (d) The secretary is authorized to assist counties, cities or regional
390390 solid waste management entities that are part of an interlocal agreement
391391 entered into pursuant to K.S.A. 12-2901 et seq., and amendments
392392 thereto, or other applicable statutes, by administering grants that pay up
393393 to 75% of costs incurred by such a county, city or regional entity to
394394 develop and implement temporary agricultural pesticide collection
395395 programs.
396396 (e) The secretary is authorized to assist counties, cities or regional
397397 solid waste management entities that are part of an interlocal agreement
398398 entered into pursuant to K.S.A. 12-2901 et seq., and amendments
399399 thereto, or other applicable statutes, by administering grants that pay up
400400 to 75% of costs incurred by such a county, city, or regional entity to
401401 develop and implement exempt small quantity hazardous waste
402402 generator waste collection programs for hazardous waste generated by
403403 persons who generate less than the amounts specified in K.S.A. 65-
404404 3451(a) and (b)(3), and amendments thereto, subject to the following:
405405 (1) The aggregate amount of all such grants made for a fiscal year
406406 shall not exceed $150,000; and
407407 (2) no grantee shall receive any such grants in an aggregate
408408 amount exceeding $50,000.
409409 (f) (1) Failure of any public or private entity to pay solid waste
410410 tonnage fees as required pursuant to K.S.A. 65-3415b, and amendments
411411 thereto, shall bar receipt of any grant funds by such entity until fees and
412412 related penalties have been paid.
413413 (2) Failure of a county or regional authority to perform annual
414414 solid waste plan reviews and five year public hearings, and submit SENATE BILL No. 331—page 8
415415 appropriate notification to the secretary that such actions have been
416416 carried out pursuant to K.S.A. 65-3405, and amendments thereto, shall
417417 bar receipt of any grant funds by any entity within the jurisdiction of
418418 such county or regional authority unless the grant would support a
419419 project expected to yield benefits to counties outside the jurisdiction of
420420 such county or regional authority.
421421 (3) A city, county, regional authority, college, university, school,
422422 state agency or private entity shall not be eligible to receive grants
423423 authorized in K.S.A. 65-3415, and amendments thereto, if the
424424 department determines that such city, county, regional authority,
425425 college, university, school, state agency or private entity is operating in
426426 substantial violation of applicable solid and hazardous waste laws or
427427 rules and regulations.
428428 (4) The secretary may establish additional minimum requirements
429429 for grant eligibility.
430430 (g) If the secretary determines that a grant recipient has utilized
431431 grant moneys for purposes not authorized in the grant contract, the
432432 secretary may order the repayment of such moneys and cancel any
433433 remaining department commitments under the grant. If the grant
434434 recipient fails to comply with the secretary's order, the secretary may
435435 initiate a civil action in district court to recover any unapproved
436436 expenditures, including administrative and legal expenses incurred to
437437 pursue such action. Recovered grant moneys or expenses shall be
438438 remitted to the state treasurer, who shall deposit the entire amount in
439439 the state treasury and credit it to the solid waste management fund.
440440 (h) All grants shall be made in accordance with appropriation acts
441441 from moneys in the solid waste management fund created by K.S.A.
442442 65-3415a, and amendments thereto.
443443 (i) Local match requirements for all solid waste grant programs
444444 may be met by in-kind contributions.
445445 Sec. 4. K.S.A. 65-3415a is hereby amended to read as follows: 65-
446446 3415a. (a) There is hereby created in the state treasury the solid waste
447447 management fund.
448448 (b) (1) The secretary shall remit to the state treasurer, in
449449 accordance with the provisions of K.S.A. 75-4215, and amendments
450450 thereto, all moneys collected or received by the secretary from the
451451 following sources:
452452 (1)(A) Solid waste tonnage fees imposed pursuant to K.S.A. 65-
453453 3415b, and amendments thereto;
454454 (2)(B) application and annual fees provided for by K.S.A. 65-
455455 3407, and amendments thereto;
456456 (3)(C) gifts, grants, reimbursements or appropriations intended to
457457 be used for the purposes of the fund, but excluding federal grants and
458458 cooperative agreements; and
459459 (4)(D) any other moneys provided by law.
460460 (2) Upon receipt of each such remittance, the state treasurer shall
461461 deposit in the state treasury any amount remitted pursuant to this
462462 subsection to the credit of the solid waste management fund.
463463 (c) Moneys in the solid waste management fund shall be expended
464464 for the following purposes:
465465 (1) Grants to counties or groups of counties or designated city or
466466 cities pursuant to K.S.A. 65-3415, and amendments thereto;
467467 (2) monitoring and investigating solid waste management plans of
468468 counties and groups of counties;
469469 (3) payment of extraordinary costs related to monitoring permitted
470470 solid waste processing facilities and disposal areas, both during
471471 operation and after closure;
472472 (4) payment of costs of postclosure cleanup of permitted solid
473473 waste disposal areas which that, as a result of a postclosure occurrence, SENATE BILL No. 331—page 9
474474 pose a substantial hazard to public health or safety or to the
475475 environment;
476476 (5) emergency payment for costs of cleanup of solid waste
477477 disposal areas which that were closed before the effective date of this
478478 act and which pose a substantial risk to the public health or safety or to
479479 the environment, but the total amount of such emergency payments
480480 during a fiscal year shall not exceed an amount equal to 50% of all
481481 amounts credited to the fund during the preceding fiscal year;
482482 (6) payment for emergency action by the secretary as necessary or
483483 appropriate to assure that the public health or safety is not threatened
484484 whenever there is a release from a solid waste processing facility or a
485485 solid waste disposal area;
486486 (7) payment for corrective action by the secretary at an active or
487487 closed solid waste processing facility or a solid waste disposal area
488488 where solid waste management activity has resulted in an actual or
489489 potential threat to human health or the environment, if the owner or
490490 operator has not been identified or is unable or unwilling to perform
491491 corrective action;
492492 (8) payment of the administrative, technical and legal costs
493493 incurred by the secretary in carrying out the provisions of K.S.A. 65-
494494 3401 through 65-3423, and amendments thereto, including the cost of
495495 any additional employees or increased general operating costs of the
496496 department attributable therefor;
497497 (9) development of educational materials and programs for
498498 informing the public about solid waste issues;
499499 (10) direct payments to reimburse counties or cities for household,
500500 farmer or exempt small quantity generator hazardous wastes,
501501 agricultural pesticide wastes or hazardous wastes generated by persons
502502 who generate less than the amounts specified in K.S.A. 65-3451(a) and
503503 (b)(3), and amendments thereto, if generated from persons not served
504504 by existing household hazardous waste programs or direct payment of
505505 contractors for the disposal costs of such wastes;
506506 (11) payment of costs associated with the solid waste grants
507507 advisory board pursuant to K.S.A. 65-3426, and amendments thereto;
508508 (12) with the consent of the city or county, payment for the
509509 removal and disposal or on-site stabilization of solid waste which has
510510 been illegally dumped when the responsible party is unknown,
511511 unwilling or unable to perform the necessary corrective action,
512512 provided that: (A) Moneys in the fund shall be used to pay only 75% of
513513 the costs of such corrective action and the city or county shall pay the
514514 remaining 25% of such costs; and (B) not more than $10,000 per site
515515 shall be expended from the fund for such corrective action;
516516 (13) payment of the costs to administer regional or statewide
517517 waste collection programs designed to remove hazardous materials and
518518 wastes from homes, farms, ranches, institutions and small businesses
519519 not generally covered by state or federal hazardous waste laws and
520520 rules and regulations; and
521521 (14) payment for the disposal of household hazardous waste
522522 generated as a result of community clean-up activities following natural
523523 disasters such as floods and tornados.
524524 (d) If the secretary determines that expenditures from the solid
525525 waste management fund are necessary to perform authorized corrective
526526 actions related to solid waste management activities, the person or
527527 persons responsible for illegal dumping activity or the operation or
528528 long-term care of a disposal area whose failure to comply with this act,
529529 rules and regulations promulgated thereunder, or permit conditions
530530 resulted in such determination, shall be responsible for the repayment
531531 of those amounts expended. The secretary shall take appropriate action
532532 to enforce this provision against any responsible person. If amounts are SENATE BILL No. 331—page 10
533533 recovered for payment for corrective action pursuant to subsection (c)
534534 (12), 25% of the amount recovered shall be paid to the city or county
535535 that shared in the cost of the corrective action. Otherwise, the secretary
536536 shall remit any amounts recovered and collected in such action to the
537537 state treasurer in accordance with the provisions of K.S.A. 75-4215,
538538 and amendments thereto. Upon receipt of each such remittance, the
539539 state treasurer shall deposit the entire amount in the state treasury to the
540540 credit of the solid waste management fund. Prior to initiating any
541541 corrective action activities authorized by this section, the secretary shall
542542 give written notice to the person or persons responsible for the waste to
543543 be cleaned up and to the property owner that the department will
544544 undertake corrective action if the responsible person or persons do not
545545 perform the necessary work within a specified time period. The
546546 department and its representatives are authorized to enter private
547547 property to perform corrective actions if the responsible party fails to
548548 perform required clean-up work, but no such entry shall be made
549549 without the property owner's consent, except upon notice and hearing
550550 in accordance with the Kansas administrative procedure act and a
551551 finding that the solid waste creates a public nuisance or adversely
552552 affects the public health or the environment.
553553 (e) Expenditures from the solid waste management fund shall be
554554 made in accordance with appropriations acts upon warrants of the
555555 director of accounts and reports issued pursuant to vouchers approved
556556 by the secretary or a person designated by the secretary.
557557 (f) On or before the 10
558558 th
559559 of each month, the director of accounts
560560 and reports shall transfer from the state general fund to the solid waste
561561 management fund interest earnings based on:
562562 (1) The average daily balance of moneys in the solid waste
563563 management fund for the preceding month; and
564564 (2) the net earnings rate of the pooled money investment portfolio
565565 for the preceding month.
566566 (g) The solid waste management fund shall be used for the
567567 purposes set forth in this act and for no other governmental purposes. It
568568 is the intent of the legislature that the fund shall remain intact and
569569 inviolate for the purposes set forth in this act, and moneys in the fund
570570 shall not be subject to the provisions of K.S.A. 75-3722, 75-3725a and
571571 75-3726a, and amendments thereto.
572572 (h) The secretary shall prepare and deliver to the legislature on or
573573 before the first day of each regular legislative session, a report which
574574 summarizes all expenditures from the solid waste management fund,
575575 fund revenues and recommendations regarding the adequacy of the
576576 fund to support necessary solid waste management programs.
577577 Sec. 5. K.S.A. 65-3460 is hereby amended to read as follows: 65-
578578 3460. (a) The secretary of health and environment may coordinate
579579 voluntary hazardous waste collection programs in order to:
580580 (1) Provide for the safe collection and disposal of small quantities
581581 of:
582582 (A) Household hazardous waste in the possession of homeowners,
583583 householders, farmers and exempt small quantity hazardous waste
584584 generators in amounts not exceeding the amount prescribed in K.S.A.
585585 65-3451 and amendments thereto;
586586 (B) agricultural pesticide wastes; and
587587 (C) hazardous wastes generated by persons who generate less
588588 than the amounts specified in K.S.A. 65-3451(a) and (b)(3), and
589589 amendments thereto;
590590 (2) educate the public about the dangers posed by hazardous
591591 waste; and
592592 (3) encourage local units of government to develop local
593593 hazardous waste collection programs either individually or jointly, the SENATE BILL No. 331—page 11
594594 secretary of health and environment may coordinate voluntary
595595 hazardous waste collection programs to ensure the safe collection and
596596 disposal of such waste.
597597 (b) The secretary of health and environment may adopt rules and
598598 regulations for conducting both hazardous temporary and permanent
599599 waste collection programs. The secretary shall supervise the program
600600 and ensure that the local unit of government contracts with a bonded
601601 waste handling company approved by the secretary for implementation
602602 of the program.
603603 (c) The secretary of health and environment may receive moneys
604604 for use as grants to help defray the expense of operating hazardous
605605 waste collection programs. Any money received to defray the cost of
606606 the programs shall be deposited in the state treasury and credited to the
607607 hazardous waste collection fund, which is hereby created. Costs and
608608 expenses arising from the implementation of this section shall be paid
609609 from such fund.
610610 (d) Not later than the first day of each legislative session, the
611611 secretary of health and environment shall submit to the speaker of the
612612 house of representatives and the president of the senate a report on
613613 hazardous waste collection programs carried out under this section
614614 during the preceding calendar year.
615615 Sec. 6. K.S.A. 65-171r, 65-3415, 65-3415a and 65-3460 and
616616 K.S.A. 2023 Supp. 65-3402 are hereby repealed.
617617 Sec. 7. This act shall take effect and be in force from and after its
618618 publication in the statute book.
619619 I hereby certify that the above BILL originated in the
620620 SENATE, and passed that body
621621 _________________________
622622 _________________________
623623 President of the Senate.
624624 _________________________
625625 Secretary of the Senate.
626626
627627 Passed the HOUSE ________________________
628628 _________________________
629629 Speaker of the House.
630630 _________________________
631631 Chief Clerk of the House.
632632 APPROVED ____________________________
633633 _________________________
634634 Governor.