1 | 1 | | SENATE BILL No. 331 |
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2 | 2 | | AN ACT concerning health and environment; relating to public water supply systems and |
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3 | 3 | | hazardous waste; removing the definition of lead-free and an exception for leaded |
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4 | 4 | | joints from public water supply system laws; updating terminology relating to |
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5 | 5 | | hazardous waste generated by certain persons; amending K.S.A. 65-171r, 65-3415, |
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6 | 6 | | 65-3415a and 65-3460 and K.S.A. 2023 Supp. 65-3402 and repealing the existing |
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7 | 7 | | sections. |
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8 | 8 | | Be it enacted by the Legislature of the State of Kansas: |
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9 | 9 | | Section 1. K.S.A. 65-171r is hereby amended to read as follows: |
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10 | 10 | | 65-171r. The following acts are prohibited: |
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11 | 11 | | (a) The operation of a public water supply system without first |
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12 | 12 | | obtaining a valid public water supply system permit under K.S.A. 65- |
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13 | 13 | | 163, and amendments thereto; |
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14 | 14 | | (b) the operation of a public water supply system in violation of |
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15 | 15 | | the conditions of the public water supply system permit under K.S.A. |
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16 | 16 | | 65-163, and amendments thereto; |
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17 | 17 | | (c) the failure of a supplier of water under investigation to furnish |
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18 | 18 | | information to the secretary under K.S.A. 65-163, and amendments |
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19 | 19 | | thereto; |
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20 | 20 | | (d) the failure of a supplier of water to comply with any final order |
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21 | 21 | | of the secretary issued under the provisions of K.S.A. 65-163 or 65- |
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22 | 22 | | 163a, and amendments thereto; |
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23 | 23 | | (e) the failure of a supplier of water to comply with a primary |
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24 | 24 | | drinking water standard established under K.S.A. 65-171m, and |
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25 | 25 | | amendments thereto, and rules and regulations adopted pursuant thereto |
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26 | 26 | | unless a variance or exception has been granted; |
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27 | 27 | | (f) the failure of a supplier of water to comply with the rules and |
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28 | 28 | | regulations of the secretary for monitoring, maintenance of records and |
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29 | 29 | | submission of reports, sampling and analysis of water and inspections |
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30 | 30 | | adopted under K.S.A. 65-171m, and amendments thereto; |
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31 | 31 | | (g) the failure of a supplier of water to give notice as required |
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32 | 32 | | under K.S.A. 65-171o, and amendments thereto, and rules and |
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33 | 33 | | regulations adopted pursuant thereto; |
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34 | 34 | | (h) using any pipe, solder or flux in the installation or repair of |
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35 | 35 | | any public water supply system or any plumbing in a residential or |
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36 | 36 | | nonresidential facility providing water for human consumption, which |
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37 | 37 | | that is not lead-free, except that this paragraph shall not apply to leaded |
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38 | 38 | | joints necessary for the repair of cast iron pipes. As used in this |
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39 | 39 | | paragraph, "lead-free" means: (1) With respect to its usage in |
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40 | 40 | | conjunction with solder and flux, solder and flux containing not more |
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41 | 41 | | than .2% lead, and (2) with respect to its usage in conjunction with |
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42 | 42 | | pipes and pipe fittings, pipes and pipe fittings containing not more than |
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43 | 43 | | 8% lead; |
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44 | 44 | | (i) the sale of unmarked lead solders and fluxes. A seller of lead |
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45 | 45 | | solders and fluxes in Kansas shall not sell any solder or flux containing |
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46 | 46 | | more than .2% lead unless the seller displays a sign and a label is |
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47 | 47 | | affixed to such product which that states: "Contains lead: Kansas law |
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48 | 48 | | and federal law prohibits the use of this product in any plumbing |
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49 | 49 | | installation providing water for human consumption."; |
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50 | 50 | | (j) the application of fertilizers, pesticides or other chemicals by |
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51 | 51 | | any person through any lawn irrigation system connected to a public |
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52 | 52 | | water supply system except that in areas where the public water supply |
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53 | 53 | | system has adopted a program for the detection and elimination of |
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54 | 54 | | cross connections and prevention of backflow and backsyphonage |
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55 | 55 | | which that has been approved by the secretary of health and |
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56 | 56 | | environment, such application may be permitted by the public water |
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57 | 57 | | supply system upon its periodic inspection and current approval of the |
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58 | 58 | | installed air gap or reduced pressure zone backflow prevention device |
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59 | 59 | | which that isolates the irrigation system; and |
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60 | 60 | | (k) the use by any person of a public water supply system as a SENATE BILL No. 331—page 2 |
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61 | 61 | | source of make-up water for bulk chemical application tanks except |
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62 | 62 | | that: (1) In areas where the public water supply system has adopted a |
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63 | 63 | | program for the detection and elimination of cross connections and |
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64 | 64 | | prevention of backflow and backsyphonage which that has been |
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65 | 65 | | approved by the secretary of health and environment, such use may be |
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66 | 66 | | permitted by the public water supply system upon its periodic |
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67 | 67 | | inspection and current approval of an air gap or reduced pressure zone |
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68 | 68 | | backflow prevention device to protect the public water supply; and (2) |
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69 | 69 | | in areas where the public water supply system has not adopted a |
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70 | 70 | | program approved by the secretary of health and environment, such use |
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71 | 71 | | shall be permitted if an air gap or reduced pressure zone backflow |
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72 | 72 | | prevention device is used and such device meets nationally recognized |
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73 | 73 | | standards, as determined by the secretary of health and environment. |
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74 | 74 | | Sec. 2. K.S.A. 2023 Supp. 65-3402 is hereby amended to read as |
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75 | 75 | | follows: 65-3402. As used in this act, unless the context otherwise |
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76 | 76 | | requires: |
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77 | 77 | | (a) (1) "Solid waste" means garbage, refuse, waste tires as defined |
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78 | 78 | | by K.S.A. 65-3424, and amendments thereto, and other discarded |
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79 | 79 | | materials, including, but not limited to, solid, semisolid, sludges, liquid |
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80 | 80 | | and contained gaseous waste materials resulting from industrial, |
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81 | 81 | | commercial, agricultural and domestic activities. |
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82 | 82 | | (2) "Solid waste" does not include: |
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83 | 83 | | (A) Hazardous wastes as defined by K.S.A. 65-3430, and |
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84 | 84 | | amendments thereto; |
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85 | 85 | | (B) recyclables; |
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86 | 86 | | (C) the waste of domestic animals as described by K.S.A. 65- |
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87 | 87 | | 3409, and amendments thereto; or |
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88 | 88 | | (D) post-use polymers and recovered feedstocks that are converted |
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89 | 89 | | at an advanced recycling facility or held at such a facility prior to |
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90 | 90 | | conversion through an advanced recycling process. |
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91 | 91 | | (b) (1) "Solid waste management system" means the entire process |
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92 | 92 | | of storage, collection, transportation, processing, and disposal of solid |
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93 | 93 | | wastes by any person engaging in such process as a business, or by any |
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94 | 94 | | state agency, city, authority, county or any combination thereof. |
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95 | 95 | | (2) "Solid waste management system" does not include advanced |
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96 | 96 | | recycling. |
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97 | 97 | | (c) (1) "Solid waste processing facility" means incinerator, |
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98 | 98 | | composting facility, household hazardous waste facility, waste-to- |
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99 | 99 | | energy facility, transfer station, reclamation facility or any other |
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100 | 100 | | location where solid wastes are consolidated, temporarily stored, |
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101 | 101 | | salvaged or otherwise processed prior to being transported to a final |
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102 | 102 | | disposal site. |
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103 | 103 | | (2) "Solid waste processing facility" does not include a scrap |
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104 | 104 | | material recycling and processing facility or an advanced recycling |
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105 | 105 | | facility. |
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106 | 106 | | (d) (1) "Solid waste disposal area" means any area used for the |
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107 | 107 | | disposal of solid waste from more than one residential premises, or one |
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108 | 108 | | or more commercial, industrial, manufacturing or municipal operations. |
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109 | 109 | | (2) "Solid waste disposal area" includes all property described or |
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110 | 110 | | included within any permit issued pursuant to K.S.A. 65-3407, and |
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111 | 111 | | amendments thereto. |
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112 | 112 | | (e) "Person" means individual, partnership, firm, trust, company, |
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113 | 113 | | association, corporation, individual or individuals having controlling or |
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114 | 114 | | majority interest in a corporation, institution, political subdivision, state |
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115 | 115 | | agency or federal department or agency. |
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116 | 116 | | (f) "Waters of the state" means all streams and springs, and all |
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117 | 117 | | bodies of surface or groundwater, whether natural or artificial, within |
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118 | 118 | | the boundaries of the state. |
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119 | 119 | | (g) "Secretary" means the secretary of health and environment. SENATE BILL No. 331—page 3 |
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120 | 120 | | (h) "Department" means the department of health and |
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121 | 121 | | environment. |
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122 | 122 | | (i) "Disposal" means the discharge, deposit, injection, dumping, |
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123 | 123 | | spilling, leaking or placing of any solid waste into or on any land or |
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124 | 124 | | water so that such solid waste or any constituent thereof may enter the |
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125 | 125 | | environment or be emitted into the air or discharged into any water. |
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126 | 126 | | (j) "Open dumping" means the disposal of solid waste at any solid |
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127 | 127 | | waste disposal area or facility that is not permitted by the secretary |
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128 | 128 | | under the authority of K.S.A. 65-3407, and amendments thereto, or the |
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129 | 129 | | disposal of solid waste contrary to rules and regulations adopted |
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130 | 130 | | pursuant to K.S.A. 65-3406, and amendments thereto. |
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131 | 131 | | (k) "Generator" means any person who produces or brings into |
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132 | 132 | | existence solid waste. |
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133 | 133 | | (l) "Monitoring" means all procedures used to: |
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134 | 134 | | (1) Systematically inspect and collect data on the operational |
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135 | 135 | | parameters of a facility, an area or a transporter; or |
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136 | 136 | | (2) to systematically collect and analyze data on the quality of the |
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137 | 137 | | air, groundwater, surface water or soils on or in the vicinity of a solid |
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138 | 138 | | waste processing facility or solid waste disposal area. |
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139 | 139 | | (m) "Closure" means the permanent cessation of active disposal |
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140 | 140 | | operations, abandonment of the disposal area, revocation of the permit |
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141 | 141 | | or filling with waste of all areas and volume specified in the permit and |
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142 | 142 | | preparing the area for the long-term care. |
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143 | 143 | | (n) "Postclosure" means that period of time subsequent to closure |
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144 | 144 | | of a solid waste disposal area when actions at the site must be |
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145 | 145 | | performed. |
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146 | 146 | | (o) "Reclamation facility" means any location at which where |
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147 | 147 | | material containing a component defined as a hazardous substance |
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148 | 148 | | pursuant to K.S.A. 65-3452a, and amendments thereto, or as an |
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149 | 149 | | industrial waste pursuant to this section is processed. |
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150 | 150 | | (p) "Designated city" means a city or group of cities that, through |
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151 | 151 | | interlocal agreement with the county in which they are located, is |
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152 | 152 | | delegated the responsibility for preparation, adoption or |
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153 | 153 | | implementation of the county solid waste plan. |
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154 | 154 | | (q) "Nonhazardous special waste" means any solid waste |
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155 | 155 | | designated by the secretary as requiring extraordinary handling in a |
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156 | 156 | | solid waste disposal area. |
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157 | 157 | | (r) (1) "Recyclables" means any materials that will be used or |
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158 | 158 | | reused, or prepared for use or reuse, as an ingredient in an industrial |
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159 | 159 | | process to make a product, or as an effective substitute for a |
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160 | 160 | | commercial product. |
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161 | 161 | | (2) "Recyclables" includes, but is not limited to, paper, glass, |
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162 | 162 | | plastic, municipal water treatment residues, as defined by K.S.A. 65- |
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163 | 163 | | 163, and amendments thereto, and metal. |
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164 | 164 | | (3) "Recyclables" does not include yard waste. |
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165 | 165 | | (s) "Scrap material processing industry" means any person who |
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166 | 166 | | accepts, processes and markets recyclables. |
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167 | 167 | | (t) "Scrap material recycling and processing facility" means a |
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168 | 168 | | fixed location that utilizes machinery and equipment for processing |
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169 | 169 | | only recyclables. |
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170 | 170 | | (u) (1) "Construction and demolition waste" means solid waste |
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171 | 171 | | resulting from the construction, remodeling, repair and demolition of |
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172 | 172 | | structures, roads, sidewalks and utilities; untreated wood and untreated |
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173 | 173 | | sawdust from any source; treated wood from construction or demolition |
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174 | 174 | | projects; small amounts of municipal solid waste generated by the |
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175 | 175 | | consumption of food and drinks at construction or demolition sites, |
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176 | 176 | | including, but not limited to, cups, bags and bottles; furniture and |
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177 | 177 | | appliances from which ozone depleting chlorofluorocarbons have been |
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178 | 178 | | removed in accordance with the provisions of the federal clean air act; SENATE BILL No. 331—page 4 |
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179 | 179 | | solid waste consisting of motor vehicle window glass; and solid waste |
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180 | 180 | | consisting of vegetation from land clearing and grubbing, utility |
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181 | 181 | | maintenance, and seasonal or storm-related cleanup. Such wastes |
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182 | 182 | | include |
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183 | 183 | | (2) "Construction and demolition waste" includes, but are is not |
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184 | 184 | | limited to, bricks, concrete and other masonry materials, roofing |
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185 | 185 | | materials, soil, rock, wood, wood products, wall or floor coverings, |
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186 | 186 | | plaster, drywall, plumbing fixtures, electrical wiring, electrical |
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187 | 187 | | components containing no hazardous materials, nonasbestos insulation |
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188 | 188 | | and construction related packaging. |
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189 | 189 | | (3) Clean rubble that is mixed with other construction and |
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190 | 190 | | demolition waste during demolition or transportation shall be |
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191 | 191 | | considered construction and demolition waste. |
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192 | 192 | | (4) "Construction and demolition waste" shall does not include |
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193 | 193 | | waste material containing friable asbestos, garbage, furniture and |
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194 | 194 | | appliances from which ozone depleting chlorofluorocarbons have not |
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195 | 195 | | been removed in accordance with the provisions of the federal clean air |
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196 | 196 | | act, electrical equipment containing hazardous materials, tires, drums |
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197 | 197 | | and containers even though such wastes resulted from construction and |
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198 | 198 | | demolition activities. |
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199 | 199 | | Clean rubble that is mixed with other construction and demolition |
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200 | 200 | | waste during demolition or transportation shall be considered to be |
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201 | 201 | | construction and demolition waste. |
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202 | 202 | | (v) (1) "Construction and demolition landfill" means a permitted |
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203 | 203 | | solid waste disposal area used exclusively for the disposal on land of |
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204 | 204 | | construction and demolition wastes. |
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205 | 205 | | (2) "Construction and demolition landfill" does not include a site |
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206 | 206 | | that is used exclusively for the disposal of clean rubble. |
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207 | 207 | | (w) "Clean rubble" means the following types of construction and |
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208 | 208 | | demolition waste: Concrete and concrete products including reinforcing |
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209 | 209 | | steel, asphalt pavement, brick, rock and uncontaminated soil as defined |
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210 | 210 | | in rules and regulations adopted by the secretary. |
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211 | 211 | | (x) (1) "Industrial waste" means all solid waste resulting from |
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212 | 212 | | manufacturing, commercial and industrial processes that is not suitable |
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213 | 213 | | for discharge to a sanitary sewer or treatment in a community sewage |
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214 | 214 | | treatment plant or is not beneficially used in a manner that meets the |
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215 | 215 | | definition of recyclables. |
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216 | 216 | | (2) "Industrial waste" includes, but is not limited to: Mining |
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217 | 217 | | wastes from extraction, beneficiation and processing of ores and |
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218 | 218 | | minerals unless those minerals are returned to the mine site; fly ash, |
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219 | 219 | | bottom ash, slag and flue gas emission wastes generated primarily from |
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220 | 220 | | the combustion of coal or other fossil fuels; cement kiln dust; waste oil |
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221 | 221 | | and sludges; waste oil filters; and fluorescent lamps. |
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222 | 222 | | (y) "Composting facility" means any facility that composts wastes |
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223 | 223 | | and has a composting area larger than one-half acre. |
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224 | 224 | | (z) "Household hazardous waste facility" means a facility |
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225 | 225 | | established for the purpose of collecting, accumulating and managing |
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226 | 226 | | household hazardous waste and may also include small quantity |
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227 | 227 | | generator waste. A "household hazardous waste facility" may also |
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228 | 228 | | collect, accumulate and mange hazardous waste generated by persons |
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229 | 229 | | who generate less than the amounts specified in K.S.A. 65-3451(a) and |
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230 | 230 | | (b)(3), and amendments thereto, or agricultural pesticide waste, or both. |
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231 | 231 | | Household hazardous wastes are consumer products that when |
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232 | 232 | | discarded exhibit hazardous characteristics. |
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233 | 233 | | (aa) (1) "Waste-to-energy facility" means a facility that processes |
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234 | 234 | | solid waste to produce energy or fuel. |
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235 | 235 | | (2) "Waste-to-energy facility" does not include any advanced |
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236 | 236 | | recycling facility. |
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237 | 237 | | (bb) (1) "Transfer station" means any facility where solid wastes SENATE BILL No. 331—page 5 |
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238 | 238 | | are transferred from one vehicle to another or where solid wastes are |
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239 | 239 | | stored and consolidated before being transported elsewhere. |
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240 | 240 | | (2) "Transfer station" does not include a collection box provided |
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241 | 241 | | for public use as a part of a county-operated solid waste management |
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242 | 242 | | system if the box is not equipped with compaction mechanisms or has a |
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243 | 243 | | volume smaller than 20 cubic yards. |
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244 | 244 | | (cc) "Municipal solid waste landfill" means a solid waste disposal |
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245 | 245 | | area where residential waste is placed for disposal. A municipal solid |
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246 | 246 | | waste landfill also may receive other nonhazardous wastes, including |
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247 | 247 | | commercial solid waste, sludge and industrial solid waste. |
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248 | 248 | | (dd) (1) "Construction related packaging" means small quantities |
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249 | 249 | | of packaging wastes that are generated in the construction, remodeling |
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250 | 250 | | or repair of structures and related appurtenances. |
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251 | 251 | | (2) "Construction related packaging" does not include packaging |
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252 | 252 | | wastes that are generated at retail establishments selling construction |
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253 | 253 | | materials, chemical containers generated from any source or packaging |
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254 | 254 | | wastes generated during maintenance of existing structures. |
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255 | 255 | | (ee) (1) "Industrial facility" includes all operations, processes and |
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256 | 256 | | structures involved in the manufacture or production of goods, |
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257 | 257 | | materials, commodities or other products located on, or adjacent to, an |
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258 | 258 | | industrial site and is not limited to a single owner or to a single |
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259 | 259 | | industrial process. |
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260 | 260 | | (2) "Industrial facility" includes all industrial processes and |
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261 | 261 | | applications that may generate industrial waste that may be disposed at |
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262 | 262 | | a solid waste disposal area that is permitted by the secretary and |
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263 | 263 | | operated for the industrial facility generating the waste and used only |
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264 | 264 | | for industrial waste. |
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265 | 265 | | (ff) (1) "Advanced recycling" means a manufacturing process |
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266 | 266 | | where already sorted post-use polymers and recovered feedstocks are |
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267 | 267 | | purchased and then converted into basic raw materials, feedstocks, |
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268 | 268 | | chemicals and other products through processes that include, but are |
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269 | 269 | | not limited to, pyrolysis, gasification, depolymerization, catalytic |
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270 | 270 | | cracking, reforming, hydrogenation, solvolysis, chemolysis and other |
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271 | 271 | | similar technologies. The recycled products produced at advanced |
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272 | 272 | | recycling facilities include, but are not limited to, monomers, |
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273 | 273 | | oligomers, plastics, plastics and chemical feedstocks, basic and |
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274 | 274 | | unfinished chemicals, coatings and adhesives. |
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275 | 275 | | (2) "Advanced recycling" does not include incineration of plastics |
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276 | 276 | | or waste-to-energy processes, and products sold as fuel are not recycled |
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277 | 277 | | products. |
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278 | 278 | | (3) For the purpose of this act and the implementation of any rules |
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279 | 279 | | and regulations promulgated hereunder, recycled products produced at |
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280 | 280 | | advanced recycling facilities shall be considered "recyclables" as |
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281 | 281 | | defined in subsection (r). |
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282 | 282 | | (gg) (1) "Advanced recycling facility" means a manufacturing |
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283 | 283 | | facility that: |
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284 | 284 | | (A) Receives, stores and converts post-use polymers and |
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285 | 285 | | recovered feedstocks that are processed using advanced recycling; |
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286 | 286 | | (B) is a manufacturing facility subject to applicable department of |
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287 | 287 | | health and environment manufacturing regulations; and |
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288 | 288 | | (C) the department may inspect to ensure that post-use polymers |
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289 | 289 | | are used as raw material for advanced recycling and are not refuse or |
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290 | 290 | | solid waste. |
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291 | 291 | | (2) For the purpose of this act and the implementation of any rules |
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292 | 292 | | and regulations promulgated hereunder, "advanced recycling facilities" |
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293 | 293 | | shall not be considered solid waste disposal facilities, final disposal |
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294 | 294 | | facilities, solid waste management facilities, solid waste processing |
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295 | 295 | | facilities, solid waste recovery facilities, incinerators or waste-to- |
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296 | 296 | | energy facilities. SENATE BILL No. 331—page 6 |
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297 | 297 | | (3) The owner or operator of an advanced recycling facility shall |
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298 | 298 | | be responsible for the proper disposal of all recyclable material stored |
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299 | 299 | | on the facility premises within 60 days of closure. |
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300 | 300 | | (hh) "Mass balance attribution" means a chain of custody |
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301 | 301 | | accounting methodology with rules defined by a third-party |
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302 | 302 | | certification system that enables the attribution of the mass of advanced |
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303 | 303 | | recycling feedstocks to one or more advanced recycling products. |
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304 | 304 | | (ii) (1) "Post-use polymer" means a plastic that: |
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305 | 305 | | (A) Is derived from any industrial, commercial, agricultural or |
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306 | 306 | | domestic activities and includes pre-consumer recovered materials and |
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307 | 307 | | post-consumer materials; |
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308 | 308 | | (B) has been sorted from solid waste and other regulated waste but |
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309 | 309 | | may contain residual amounts of waste such as organic material and |
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310 | 310 | | incidental contaminants or impurities, such as paper labels and metal |
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311 | 311 | | rings; |
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312 | 312 | | (C) is not mixed with solid waste or hazardous waste on site or |
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313 | 313 | | during processing at the advanced recycling facility; |
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314 | 314 | | (D) is used or intended to be used as a feedstock for the |
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315 | 315 | | manufacturing of feedstocks, raw materials or other intermediate |
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316 | 316 | | products or final products using advanced recycling; and |
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317 | 317 | | (E) is processed at an advanced recycling facility or held at such |
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318 | 318 | | facility prior to processing. |
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319 | 319 | | (2) The term "post-use polymer" shall be considered "recyclables" |
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320 | 320 | | as defined in subsection (r). |
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321 | 321 | | (jj) (1) "Recovered feedstock" means one or more of the following |
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322 | 322 | | materials that has been processed so that it may be used as feedstock in |
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323 | 323 | | an advanced recycling facility: |
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324 | 324 | | (A) Post-use polymers; or |
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325 | 325 | | (B) materials for which the United States environmental |
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326 | 326 | | protection agency has made a nonwaste determination or has otherwise |
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327 | 327 | | determined are feedstocks and not solid waste. |
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328 | 328 | | (2) "Recovered feedstock" does not include unprocessed |
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329 | 329 | | municipal solid waste or feedstock that has been mixed with solid |
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330 | 330 | | waste or hazardous waste on site or during processing at an advanced |
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331 | 331 | | recycling facility. |
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332 | 332 | | (kk) "Recycled plastics" or "recycled plastic" means products that |
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333 | 333 | | are produced: |
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334 | 334 | | (1) From mechanical recycling of pre-consumer recovered |
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335 | 335 | | feedstocks or plastics and post-consumer plastics; or |
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336 | 336 | | (2) from the advanced recycling of pre-consumer recovered |
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337 | 337 | | feedstocks or plastics and post-consumer plastics through mass balance |
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338 | 338 | | attribution under a third-party certification system. |
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339 | 339 | | (ll) "Third-party certification system" means an international and |
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340 | 340 | | multi-national third-party certification system that consists of a set of |
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341 | 341 | | rules for the implementation of mass balance attribution approaches for |
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342 | 342 | | advanced recycling of materials. Third-party certification systems |
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343 | 343 | | include, but are not limited to: International sustainability and carbon |
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344 | 344 | | certification; underwriter laboratories; scs recycled content; roundtable |
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345 | 345 | | on sustainable biomaterials; ecoloop; and redcert2. |
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346 | 346 | | Sec. 3. K.S.A. 65-3415 is hereby amended to read as follows: 65- |
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347 | 347 | | 3415. (a) The secretary of health and environment is authorized to |
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348 | 348 | | assist counties, designated cities or regional solid waste management |
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349 | 349 | | entities by administering grants to pay up to 60% of the costs of |
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350 | 350 | | preparing and revising official plans for solid waste management |
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351 | 351 | | systems in accordance with the requirements of this act and the rules |
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352 | 352 | | and regulations and standards adopted pursuant to this act, and for |
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353 | 353 | | carrying out related studies, surveys, investigations, inquiries, research |
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354 | 354 | | and analyses. |
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355 | 355 | | (b) The secretary is authorized to assist counties, designated cities, SENATE BILL No. 331—page 7 |
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356 | 356 | | municipalities, regional solid waste management entities that are part of |
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357 | 357 | | an interlocal agreement entered into pursuant to K.S.A. 12-2901 et |
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358 | 358 | | seq., and amendments thereto, or other applicable statutes, colleges, |
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359 | 359 | | universities, schools, state agencies or private entities, by administering |
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360 | 360 | | competitive grants that pay up to 75% of eligible costs incurred by such |
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361 | 361 | | a county, city, regional entity, college, university, school, state agency |
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362 | 362 | | or private entity pursuant to an approved solid waste management plan, |
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363 | 363 | | for any project related to the development and operation of recycling, |
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364 | 364 | | source reduction, waste minimization and solid waste management |
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365 | 365 | | public education programs. Such projects shall include, but not be |
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366 | 366 | | limited to, the implementation of innovative waste processing |
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367 | 367 | | technologies which that demonstrate nontraditional methods to reduce |
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368 | 368 | | waste volume by recovering materials or by converting the waste into |
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369 | 369 | | usable by-products or energy through chemical or physical processes. |
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370 | 370 | | To be eligible for competitive grants awarded pursuant to this section, a |
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371 | 371 | | county, designated city, regional entity, college, university, school, state |
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372 | 372 | | agency or private entity must be implementing a project which that is |
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373 | 373 | | part of a solid waste management plan approved by the secretary or |
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374 | 374 | | implementing a project with statewide significance as determined by |
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375 | 375 | | the secretary with the advice and counsel of the solid waste grants |
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376 | 376 | | advisory committee. |
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377 | 377 | | (c) The secretary is authorized to assist counties, cities or regional |
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378 | 378 | | solid waste management entities that are part of an interlocal agreement |
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379 | 379 | | entered into pursuant to K.S.A. 12-2901 et seq., and amendments |
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380 | 380 | | thereto, or other applicable statutes, by administering grants that pay up |
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381 | 381 | | to 60% of costs incurred by such a county, city or regional entity for: |
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382 | 382 | | (1) The development or enhancement of temporary and permanent |
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383 | 383 | | household hazardous waste programs operated in accordance with |
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384 | 384 | | K.S.A. 65-3460, and amendments thereto; |
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385 | 385 | | (2) the first year of operation following initial start-up of |
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386 | 386 | | temporary and permanent household hazardous waste programs; and |
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387 | 387 | | (3) educating the public regarding changes in household |
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388 | 388 | | hazardous waste collection program operations or services. |
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389 | 389 | | (d) The secretary is authorized to assist counties, cities or regional |
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390 | 390 | | solid waste management entities that are part of an interlocal agreement |
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391 | 391 | | entered into pursuant to K.S.A. 12-2901 et seq., and amendments |
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392 | 392 | | thereto, or other applicable statutes, by administering grants that pay up |
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393 | 393 | | to 75% of costs incurred by such a county, city or regional entity to |
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394 | 394 | | develop and implement temporary agricultural pesticide collection |
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395 | 395 | | programs. |
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396 | 396 | | (e) The secretary is authorized to assist counties, cities or regional |
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397 | 397 | | solid waste management entities that are part of an interlocal agreement |
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398 | 398 | | entered into pursuant to K.S.A. 12-2901 et seq., and amendments |
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399 | 399 | | thereto, or other applicable statutes, by administering grants that pay up |
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400 | 400 | | to 75% of costs incurred by such a county, city, or regional entity to |
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401 | 401 | | develop and implement exempt small quantity hazardous waste |
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402 | 402 | | generator waste collection programs for hazardous waste generated by |
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403 | 403 | | persons who generate less than the amounts specified in K.S.A. 65- |
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404 | 404 | | 3451(a) and (b)(3), and amendments thereto, subject to the following: |
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405 | 405 | | (1) The aggregate amount of all such grants made for a fiscal year |
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406 | 406 | | shall not exceed $150,000; and |
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407 | 407 | | (2) no grantee shall receive any such grants in an aggregate |
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408 | 408 | | amount exceeding $50,000. |
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409 | 409 | | (f) (1) Failure of any public or private entity to pay solid waste |
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410 | 410 | | tonnage fees as required pursuant to K.S.A. 65-3415b, and amendments |
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411 | 411 | | thereto, shall bar receipt of any grant funds by such entity until fees and |
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412 | 412 | | related penalties have been paid. |
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413 | 413 | | (2) Failure of a county or regional authority to perform annual |
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414 | 414 | | solid waste plan reviews and five year public hearings, and submit SENATE BILL No. 331—page 8 |
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415 | 415 | | appropriate notification to the secretary that such actions have been |
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416 | 416 | | carried out pursuant to K.S.A. 65-3405, and amendments thereto, shall |
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417 | 417 | | bar receipt of any grant funds by any entity within the jurisdiction of |
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418 | 418 | | such county or regional authority unless the grant would support a |
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419 | 419 | | project expected to yield benefits to counties outside the jurisdiction of |
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420 | 420 | | such county or regional authority. |
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421 | 421 | | (3) A city, county, regional authority, college, university, school, |
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422 | 422 | | state agency or private entity shall not be eligible to receive grants |
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423 | 423 | | authorized in K.S.A. 65-3415, and amendments thereto, if the |
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424 | 424 | | department determines that such city, county, regional authority, |
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425 | 425 | | college, university, school, state agency or private entity is operating in |
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426 | 426 | | substantial violation of applicable solid and hazardous waste laws or |
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427 | 427 | | rules and regulations. |
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428 | 428 | | (4) The secretary may establish additional minimum requirements |
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429 | 429 | | for grant eligibility. |
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430 | 430 | | (g) If the secretary determines that a grant recipient has utilized |
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431 | 431 | | grant moneys for purposes not authorized in the grant contract, the |
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432 | 432 | | secretary may order the repayment of such moneys and cancel any |
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433 | 433 | | remaining department commitments under the grant. If the grant |
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434 | 434 | | recipient fails to comply with the secretary's order, the secretary may |
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435 | 435 | | initiate a civil action in district court to recover any unapproved |
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436 | 436 | | expenditures, including administrative and legal expenses incurred to |
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437 | 437 | | pursue such action. Recovered grant moneys or expenses shall be |
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438 | 438 | | remitted to the state treasurer, who shall deposit the entire amount in |
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439 | 439 | | the state treasury and credit it to the solid waste management fund. |
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440 | 440 | | (h) All grants shall be made in accordance with appropriation acts |
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441 | 441 | | from moneys in the solid waste management fund created by K.S.A. |
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442 | 442 | | 65-3415a, and amendments thereto. |
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443 | 443 | | (i) Local match requirements for all solid waste grant programs |
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444 | 444 | | may be met by in-kind contributions. |
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445 | 445 | | Sec. 4. K.S.A. 65-3415a is hereby amended to read as follows: 65- |
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446 | 446 | | 3415a. (a) There is hereby created in the state treasury the solid waste |
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447 | 447 | | management fund. |
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448 | 448 | | (b) (1) The secretary shall remit to the state treasurer, in |
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449 | 449 | | accordance with the provisions of K.S.A. 75-4215, and amendments |
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450 | 450 | | thereto, all moneys collected or received by the secretary from the |
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451 | 451 | | following sources: |
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452 | 452 | | (1)(A) Solid waste tonnage fees imposed pursuant to K.S.A. 65- |
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453 | 453 | | 3415b, and amendments thereto; |
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454 | 454 | | (2)(B) application and annual fees provided for by K.S.A. 65- |
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455 | 455 | | 3407, and amendments thereto; |
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456 | 456 | | (3)(C) gifts, grants, reimbursements or appropriations intended to |
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457 | 457 | | be used for the purposes of the fund, but excluding federal grants and |
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458 | 458 | | cooperative agreements; and |
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459 | 459 | | (4)(D) any other moneys provided by law. |
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460 | 460 | | (2) Upon receipt of each such remittance, the state treasurer shall |
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461 | 461 | | deposit in the state treasury any amount remitted pursuant to this |
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462 | 462 | | subsection to the credit of the solid waste management fund. |
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463 | 463 | | (c) Moneys in the solid waste management fund shall be expended |
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464 | 464 | | for the following purposes: |
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465 | 465 | | (1) Grants to counties or groups of counties or designated city or |
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466 | 466 | | cities pursuant to K.S.A. 65-3415, and amendments thereto; |
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467 | 467 | | (2) monitoring and investigating solid waste management plans of |
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468 | 468 | | counties and groups of counties; |
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469 | 469 | | (3) payment of extraordinary costs related to monitoring permitted |
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470 | 470 | | solid waste processing facilities and disposal areas, both during |
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471 | 471 | | operation and after closure; |
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472 | 472 | | (4) payment of costs of postclosure cleanup of permitted solid |
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473 | 473 | | waste disposal areas which that, as a result of a postclosure occurrence, SENATE BILL No. 331—page 9 |
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474 | 474 | | pose a substantial hazard to public health or safety or to the |
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475 | 475 | | environment; |
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476 | 476 | | (5) emergency payment for costs of cleanup of solid waste |
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477 | 477 | | disposal areas which that were closed before the effective date of this |
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478 | 478 | | act and which pose a substantial risk to the public health or safety or to |
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479 | 479 | | the environment, but the total amount of such emergency payments |
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480 | 480 | | during a fiscal year shall not exceed an amount equal to 50% of all |
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481 | 481 | | amounts credited to the fund during the preceding fiscal year; |
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482 | 482 | | (6) payment for emergency action by the secretary as necessary or |
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483 | 483 | | appropriate to assure that the public health or safety is not threatened |
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484 | 484 | | whenever there is a release from a solid waste processing facility or a |
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485 | 485 | | solid waste disposal area; |
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486 | 486 | | (7) payment for corrective action by the secretary at an active or |
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487 | 487 | | closed solid waste processing facility or a solid waste disposal area |
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488 | 488 | | where solid waste management activity has resulted in an actual or |
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489 | 489 | | potential threat to human health or the environment, if the owner or |
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490 | 490 | | operator has not been identified or is unable or unwilling to perform |
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491 | 491 | | corrective action; |
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492 | 492 | | (8) payment of the administrative, technical and legal costs |
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493 | 493 | | incurred by the secretary in carrying out the provisions of K.S.A. 65- |
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494 | 494 | | 3401 through 65-3423, and amendments thereto, including the cost of |
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495 | 495 | | any additional employees or increased general operating costs of the |
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496 | 496 | | department attributable therefor; |
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497 | 497 | | (9) development of educational materials and programs for |
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498 | 498 | | informing the public about solid waste issues; |
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499 | 499 | | (10) direct payments to reimburse counties or cities for household, |
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500 | 500 | | farmer or exempt small quantity generator hazardous wastes, |
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501 | 501 | | agricultural pesticide wastes or hazardous wastes generated by persons |
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502 | 502 | | who generate less than the amounts specified in K.S.A. 65-3451(a) and |
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503 | 503 | | (b)(3), and amendments thereto, if generated from persons not served |
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504 | 504 | | by existing household hazardous waste programs or direct payment of |
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505 | 505 | | contractors for the disposal costs of such wastes; |
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506 | 506 | | (11) payment of costs associated with the solid waste grants |
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507 | 507 | | advisory board pursuant to K.S.A. 65-3426, and amendments thereto; |
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508 | 508 | | (12) with the consent of the city or county, payment for the |
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509 | 509 | | removal and disposal or on-site stabilization of solid waste which has |
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510 | 510 | | been illegally dumped when the responsible party is unknown, |
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511 | 511 | | unwilling or unable to perform the necessary corrective action, |
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512 | 512 | | provided that: (A) Moneys in the fund shall be used to pay only 75% of |
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513 | 513 | | the costs of such corrective action and the city or county shall pay the |
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514 | 514 | | remaining 25% of such costs; and (B) not more than $10,000 per site |
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515 | 515 | | shall be expended from the fund for such corrective action; |
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516 | 516 | | (13) payment of the costs to administer regional or statewide |
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517 | 517 | | waste collection programs designed to remove hazardous materials and |
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518 | 518 | | wastes from homes, farms, ranches, institutions and small businesses |
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519 | 519 | | not generally covered by state or federal hazardous waste laws and |
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520 | 520 | | rules and regulations; and |
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521 | 521 | | (14) payment for the disposal of household hazardous waste |
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522 | 522 | | generated as a result of community clean-up activities following natural |
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523 | 523 | | disasters such as floods and tornados. |
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524 | 524 | | (d) If the secretary determines that expenditures from the solid |
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525 | 525 | | waste management fund are necessary to perform authorized corrective |
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526 | 526 | | actions related to solid waste management activities, the person or |
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527 | 527 | | persons responsible for illegal dumping activity or the operation or |
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528 | 528 | | long-term care of a disposal area whose failure to comply with this act, |
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529 | 529 | | rules and regulations promulgated thereunder, or permit conditions |
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530 | 530 | | resulted in such determination, shall be responsible for the repayment |
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531 | 531 | | of those amounts expended. The secretary shall take appropriate action |
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532 | 532 | | to enforce this provision against any responsible person. If amounts are SENATE BILL No. 331—page 10 |
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533 | 533 | | recovered for payment for corrective action pursuant to subsection (c) |
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534 | 534 | | (12), 25% of the amount recovered shall be paid to the city or county |
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535 | 535 | | that shared in the cost of the corrective action. Otherwise, the secretary |
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536 | 536 | | shall remit any amounts recovered and collected in such action to the |
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537 | 537 | | state treasurer in accordance with the provisions of K.S.A. 75-4215, |
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538 | 538 | | and amendments thereto. Upon receipt of each such remittance, the |
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539 | 539 | | state treasurer shall deposit the entire amount in the state treasury to the |
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540 | 540 | | credit of the solid waste management fund. Prior to initiating any |
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541 | 541 | | corrective action activities authorized by this section, the secretary shall |
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542 | 542 | | give written notice to the person or persons responsible for the waste to |
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543 | 543 | | be cleaned up and to the property owner that the department will |
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544 | 544 | | undertake corrective action if the responsible person or persons do not |
---|
545 | 545 | | perform the necessary work within a specified time period. The |
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546 | 546 | | department and its representatives are authorized to enter private |
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547 | 547 | | property to perform corrective actions if the responsible party fails to |
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548 | 548 | | perform required clean-up work, but no such entry shall be made |
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549 | 549 | | without the property owner's consent, except upon notice and hearing |
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550 | 550 | | in accordance with the Kansas administrative procedure act and a |
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551 | 551 | | finding that the solid waste creates a public nuisance or adversely |
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552 | 552 | | affects the public health or the environment. |
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553 | 553 | | (e) Expenditures from the solid waste management fund shall be |
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554 | 554 | | made in accordance with appropriations acts upon warrants of the |
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555 | 555 | | director of accounts and reports issued pursuant to vouchers approved |
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556 | 556 | | by the secretary or a person designated by the secretary. |
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557 | 557 | | (f) On or before the 10 |
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558 | 558 | | th |
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559 | 559 | | of each month, the director of accounts |
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560 | 560 | | and reports shall transfer from the state general fund to the solid waste |
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561 | 561 | | management fund interest earnings based on: |
---|
562 | 562 | | (1) The average daily balance of moneys in the solid waste |
---|
563 | 563 | | management fund for the preceding month; and |
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564 | 564 | | (2) the net earnings rate of the pooled money investment portfolio |
---|
565 | 565 | | for the preceding month. |
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566 | 566 | | (g) The solid waste management fund shall be used for the |
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567 | 567 | | purposes set forth in this act and for no other governmental purposes. It |
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568 | 568 | | is the intent of the legislature that the fund shall remain intact and |
---|
569 | 569 | | inviolate for the purposes set forth in this act, and moneys in the fund |
---|
570 | 570 | | shall not be subject to the provisions of K.S.A. 75-3722, 75-3725a and |
---|
571 | 571 | | 75-3726a, and amendments thereto. |
---|
572 | 572 | | (h) The secretary shall prepare and deliver to the legislature on or |
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573 | 573 | | before the first day of each regular legislative session, a report which |
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574 | 574 | | summarizes all expenditures from the solid waste management fund, |
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575 | 575 | | fund revenues and recommendations regarding the adequacy of the |
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576 | 576 | | fund to support necessary solid waste management programs. |
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577 | 577 | | Sec. 5. K.S.A. 65-3460 is hereby amended to read as follows: 65- |
---|
578 | 578 | | 3460. (a) The secretary of health and environment may coordinate |
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579 | 579 | | voluntary hazardous waste collection programs in order to: |
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580 | 580 | | (1) Provide for the safe collection and disposal of small quantities |
---|
581 | 581 | | of: |
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582 | 582 | | (A) Household hazardous waste in the possession of homeowners, |
---|
583 | 583 | | householders, farmers and exempt small quantity hazardous waste |
---|
584 | 584 | | generators in amounts not exceeding the amount prescribed in K.S.A. |
---|
585 | 585 | | 65-3451 and amendments thereto; |
---|
586 | 586 | | (B) agricultural pesticide wastes; and |
---|
587 | 587 | | (C) hazardous wastes generated by persons who generate less |
---|
588 | 588 | | than the amounts specified in K.S.A. 65-3451(a) and (b)(3), and |
---|
589 | 589 | | amendments thereto; |
---|
590 | 590 | | (2) educate the public about the dangers posed by hazardous |
---|
591 | 591 | | waste; and |
---|
592 | 592 | | (3) encourage local units of government to develop local |
---|
593 | 593 | | hazardous waste collection programs either individually or jointly, the SENATE BILL No. 331—page 11 |
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594 | 594 | | secretary of health and environment may coordinate voluntary |
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595 | 595 | | hazardous waste collection programs to ensure the safe collection and |
---|
596 | 596 | | disposal of such waste. |
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597 | 597 | | (b) The secretary of health and environment may adopt rules and |
---|
598 | 598 | | regulations for conducting both hazardous temporary and permanent |
---|
599 | 599 | | waste collection programs. The secretary shall supervise the program |
---|
600 | 600 | | and ensure that the local unit of government contracts with a bonded |
---|
601 | 601 | | waste handling company approved by the secretary for implementation |
---|
602 | 602 | | of the program. |
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603 | 603 | | (c) The secretary of health and environment may receive moneys |
---|
604 | 604 | | for use as grants to help defray the expense of operating hazardous |
---|
605 | 605 | | waste collection programs. Any money received to defray the cost of |
---|
606 | 606 | | the programs shall be deposited in the state treasury and credited to the |
---|
607 | 607 | | hazardous waste collection fund, which is hereby created. Costs and |
---|
608 | 608 | | expenses arising from the implementation of this section shall be paid |
---|
609 | 609 | | from such fund. |
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610 | 610 | | (d) Not later than the first day of each legislative session, the |
---|
611 | 611 | | secretary of health and environment shall submit to the speaker of the |
---|
612 | 612 | | house of representatives and the president of the senate a report on |
---|
613 | 613 | | hazardous waste collection programs carried out under this section |
---|
614 | 614 | | during the preceding calendar year. |
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615 | 615 | | Sec. 6. K.S.A. 65-171r, 65-3415, 65-3415a and 65-3460 and |
---|
616 | 616 | | K.S.A. 2023 Supp. 65-3402 are hereby repealed. |
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617 | 617 | | Sec. 7. This act shall take effect and be in force from and after its |
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618 | 618 | | publication in the statute book. |
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619 | 619 | | I hereby certify that the above BILL originated in the |
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620 | 620 | | SENATE, and passed that body |
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621 | 621 | | _________________________ |
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622 | 622 | | _________________________ |
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623 | 623 | | President of the Senate. |
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624 | 624 | | _________________________ |
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625 | 625 | | Secretary of the Senate. |
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626 | 626 | | |
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627 | 627 | | Passed the HOUSE ________________________ |
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628 | 628 | | _________________________ |
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629 | 629 | | Speaker of the House. |
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630 | 630 | | _________________________ |
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631 | 631 | | Chief Clerk of the House. |
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632 | 632 | | APPROVED ____________________________ |
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633 | 633 | | _________________________ |
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634 | 634 | | Governor. |
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