65-3406. Duties and functions of secretary; rules and regulations; exemption of certain solid waste disposal areas from certain requirements. (a) The secretary is authorized and directed to:
(1) Adopt such rules and regulations, standards and procedures relative to solid waste management as necessary to protect the public health and environment, prevent public nuisances and enable the secretary to carry out the purposes and provisions of this act.
(2) Report to the legislature on further assistance needed to administer the solid waste management program.
(3) Administer the solid waste management program pursuant to provisions of this act.
(4) Cooperate with appropriate federal, state, interstate and local units of government and with appropriate private organizations in carrying out duties under this act.
(5) Develop a statewide solid waste management plan.
(6) Provide technical assistance, including the training of personnel to cities, counties and other political subdivisions.
(7) Initiate, conduct and support research, demonstration projects and investigations and coordinate all state agency research programs with applicable federal programs pertaining to solid waste management systems.
(8) Establish policies for effective solid waste management systems.
(9) Assist counties and groups of counties to establish and implement solid waste planning and management.
(10) Authorize issuance of such permits and orders and conduct such inspections as may be necessary to implement the provisions of this act and the rules and regulations and standards adopted pursuant to this act.
(11) Conduct and contract for research and investigations in the overall area of solid waste storage, collection, transportation, processing, treatment, recovery and disposal including, but not limited to, new and novel procedures.
(12) Adopt rules and regulations for permitting of all solid waste disposal areas, including those that are privately owned.
(13) Adopt rules and regulations establishing criteria for the location of processing facilities and disposal areas for solid wastes.
(14) Adopt rules and regulations establishing appropriate measures for monitoring solid waste disposal areas and processing facilities, both during operation and after closure.
(15) Adopt rules and regulations requiring that, for such period of time as the secretary shall specify, any assignment, sale, conveyance or transfer of all or any part of the property upon which a permitted disposal area for solid waste is or has been located shall be subject to such terms and conditions as to the use of such property as the secretary shall specify to protect human health and the environment.
(16) Adopt suitable measures, including rules and regulations if appropriate, to encourage recovery and recycling of solid waste for reuse whenever feasible.
(17) Adopt rules and regulations establishing standards for transporters of solid waste.
(18) Adopt rules and regulations establishing minimum standards for closing, termination, and long-term care of sites for the land disposal of solid waste. In this subsection, "site" refers to a site for the land disposal of solid waste which has a permit issued under K.S.A. 65-3407 and amendments thereto. The owner of a site shall be responsible for the long-term care of the site for 30 years after the closing of the site, except the secretary may extend the long-term care responsibility of a particular site or sites as the secretary deems necessary to protect the public health and safety or the environment. Any person acquiring rights of ownership, possession or operation in a permitted site or facility for the land disposal of solid waste at any time after the site has begun to accept waste and prior to closure shall be subject to all requirements of the permit for the site or facility, including the requirements relating to long-term care of the site or facility.
(19) Enter into cooperative agreements with the secretary of commerce for the development and implementation of statewide market development for recyclable materials.
(20) Adopt rules and regulations for the management of nonhazardous special wastes.
(b) In adopting rules and regulations, the secretary shall allow the exemption contained in subsection (f)(1) of 40 C.F.R. 258.1 (October 9, 1991), as amended and in effect on the effective date of this act.
(c) (1) Any rules and regulations adopted by the secretary which establish standards for solid waste processing facilities or solid waste disposal areas that are more stringent than the standards required by federal law or applicable federal regulations on such date shall not become effective until 45 days after the beginning of the next ensuing session of the legislature, which date shall be specifically provided in such rule and regulation.
(2) The provisions of subsection (c)(1) shall not apply to rules and regulations adopted before January 1, 1995, which establish standards for location, design and operation of solid waste processing facilities and disposal areas.
(d) Any solid waste disposal area which qualifies for the exemption provided for by subsection (b) and which successfully demonstrates that naturally occurring geological conditions provide sufficient protection against groundwater contamination shall not be required to construct a landfill liner or leachate collection system. The secretary shall adopt rules and regulations which establish criteria for performing this demonstration and standards for liner and leachate collection systems for exempt landfills which fail the demonstration. Solid waste disposal areas which qualify for the exemption provided for by subsection (b) may be designed with trenches or units which have straight vertical walls. All solid waste disposal areas which qualify for the exemption provided for by subsection (b) shall be required to comply with all applicable rules and regulations adopted by the secretary and approved by the U.S. environmental protection agency, including location restrictions, operating requirements and closure standards for municipal solid waste landfills. Operating requirements include, but are not limited to, hazardous waste screening, daily cover, intermediate cover, disease vector control, gas monitoring and management, air emissions, survey controls, compaction, recordkeeping and groundwater monitoring.
The identification of groundwater contamination caused by disposal activities at a solid waste disposal area which has qualified for the exemption provided for by subsection (b) shall result in:
(1) The loss of such exemption; and
(2) the application of all corrective action and design requirements specified in federal laws and regulations, or in equivalent rules and regulations adopted by the secretary and approved by the U.S. environmental protection agency, to such disposal area.
History: L. 1970, ch. 264, § 6; L. 1974, ch. 352, § 159; L. 1975, ch. 312, § 12; L. 1977, ch. 221, § 2; L. 1979, ch. 202, § 5; L. 1981, ch. 251, § 22; L. 1992, ch. 316, § 4; L. 1993, ch. 274, § 2; L. 1994, ch. 283, § 2; L. 1995, ch. 140, § 1; L. 1997, ch. 139, § 1; July 1.
Structure Kansas Statutes
Article 34 - Solid And Hazardous Waste
65-3407a Special land use permit for operation of solid waste disposal area void, when.
65-3407b Application of subsection (i)(2) of 65-3407 and 65-3407a.
65-3407c Exemptions from permit requirement; rules and regulations; reports.
65-3408 Compliance with act by state institutions and agencies; permits; contracts.
65-3409 Unlawful acts; penalties.
65-3410a Cities; counties; solid waste plan restrictions.
65-3410b Solid waste report; secretary of health and environment; certain legislative committees.
65-3411 Orders to prevent pollution or hazard.
65-3412 Hearings in accordance with Kansas administrative procedure act; judicial review.
65-3413 Designation of local agency to act as agent of secretary.
65-3414 Enforcement by county or district attorney.
65-3415a Solid waste management fund.
65-3415b Solid waste tonnage fees.
65-3415e Fees on disposal at private disposal areas.
65-3417 Solid waste plans and programs; considerations; judicial review of secretary's actions.
65-3419 Violations of act; penalties; procedure; injunctions.
65-3421 Resource recovery facilities provided by cities or counties; contracts.
65-3424a Restrictions on disposal.
65-3424b Permits and standards.
65-3424d Tax on new tire sales.
65-3424e Same; failure to pay tax; penalties.
65-3424g Waste tire management fund.
65-3424h Same; rules and regulations.
65-3424i Tire retailers; requirements.
65-3424k Abatement and enforcement actions by secretary.
65-3424l Vehicle tire disposal; hearings and review of orders and decisions of secretary.
65-3425 Plastic bottles and containers; labeling requirements; violations; penalties.
65-3426 Solid waste grants advisory committee.
65-3427 Limitation on number of employees for solid waste management.
65-3428 Plastic bulk merchandise container sales; definitions; requirements.
65-3430 Hazardous wastes; definitions.
65-3431 Duties and functions of secretary; standards; permits; fees.
65-3433 Permit, construction or modification of facility; duties of secretary.
65-3435 Same; conditions precedent to approval of application.
65-3437 Same; application for permits, contents; duties of secretary.
65-3438 Same; secretary's decision on permit application; time period, extensions.
65-3439 Same; terms and conditions; revocation or suspension; appeals.
65-3440 Permit, revocation or suspension, hearing; judicial review.
65-3441 Unlawful acts; penalties.
65-3442 Same; vesting of title to hazardous waste; liability for cleanup costs.
65-3443 Prevention or removal of hazard or pollution.
65-3444 Violations of act; penalties.
65-3445 Protection from hazards; orders and injunctions; judicial review.
65-3446 Administrative penalties; procedure; hearing; judicial review.
65-3447 Administrative penalties; trade secrets; duties of secretary; disclosure of information.
65-3450 Same; intervention of interested parties in civil actions.
65-3451 Same; time schedule for regulation of generators by secretary.
65-3452a Definition of hazardous substances.
65-3453 Authority of secretary concerning clean-up activities.
65-3454a Environmental response fund created; receipts and expenditures; subaccounts.
65-3455 Responsibility for payment of clean-up costs; actions to recover costs.
65-3456a Review of secretary's actions or decisions.
65-3457a Existing law regarding oil and gas pollution not affected.
65-3458 Burial prohibited; exceptions; procedure.
65-3491 Hazardous waste management fund.
65-34,100 Kansas storage tank act; statement of legislative findings.
65-34,101 Same; citation of act.
65-34,103 Exceptions to application of act.
65-34,104 Same; notification to department of tank's existence; form.
65-34,105 Rules and regulations.
65-34,106 Permit to construct, install, modify or operate storage tank.
65-34,107 Same; evidence of financial responsibility required; limitation of liability.
65-34,109 Unlawful acts; penalties.
65-34,111 Same; denial, suspension or revocation of license, when.
65-34,113 Civil penalties and remedies for violations.
65-34,114 Underground petroleum storage tank release trust fund.
65-34,115 Liability for costs of corrective action.
65-34,117 Environmental assurance fee; disposition of proceeds.
65-34,119 Reimbursement from aboveground and underground funds for corrective actions; conditions.
65-34,119a Retroactive reimbursement from underground fund.
65-34,120 Liability of state and its officers and employees limited; fund liability limits.
65-34,121 Annual report to governor and legislature.
65-34,122 Same; appeals from orders or decisions of secretary, procedure.
65-34,123 Abolishment of the underground fund and the aboveground fund.
65-34,124 Same; effective date of K.S.A. 65-34,114 through 65-34,123.
65-34,126 Third party liability insurance plan.
65-34,128 Storage tank fee fund.
65-34,129 Aboveground petroleum storage tank release trust fund.
65-34,130 Retroactive reimbursement from aboveground fund.
65-34,131 UST redevelopment fund; expenditures.
65-34,132 UST redevelopment fund; reimbursement.
65-34,133 UST redevelopment fund compensation advisory board.
65-34,134 Abolishment of UST redevelopment fund and compensation advisory board.
65-34,135 Underground storage tank operators, training program; requirements.
65-34,137 Non-fuel flammable or combustible liquid aboveground storage tank system fund.
65-34,138 Underground storage tank systems; secondary containment.
65-34,139 Underground storage tank systems; reimbursement for replacement.
65-34,141 Kansas drycleaner environmental response act; citation of act.
65-34,143 Rules and regulations.
65-34,144 Unlawful acts; penalties.
65-34,145 Registration; fee; posting.
65-34,146 Trust fund; establishment; credits; expenditures.
65-34,147 Same; criteria for expenditures.
65-34,149 Liability limitations.
65-34,150 Environmental surcharge, gross receipts tax; disposition of proceeds.
65-34,151 Fee on purchase or acquisition of drycleaning solvent; disposition of proceeds.
65-34,152 Imposition of taxes and fees dependent on fund balance.
65-34,153 Review of secretary's orders and decisions.
65-34,154 Annual report to legislature.
65-34,161 Title and application.
65-34,163 Rules and regulations.
65-34,164 Voluntary application; application of other laws; eligible property.
65-34,166 Remedial action; determination whether required; plan.
65-34,167 Same; alternatives; factors considered.
65-34,169 Determination no further action required; issuance; void, when.
65-34,171 Application of other laws; EPA involvement.
65-34,172 Plan; enforcement; use of information as basis of other enforcement actions.
65-34,175 Environmental stewardship fund; expenditures.
65-34,176 Risk management program act; risk management fund, expenditures; rules and regulations.
65-34,177 Contaminated property redevelopment act; citation of act.
65-34,180 Same; requirements by the department.
65-34,182 Same; modification of CELR.
65-34,183 Same; department remedies for providing fraudulent information.
65-34,184 Same; contaminated property redevelopment fund.