Kansas 2023-2024 Regular Session

Kansas Senate Bill SB331 Compare Versions

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