65-3402. Definitions.
65-3402
65-3402. Definitions.As used in this act, unless the context otherwise requires:
(a) "Solid waste" means garbage, refuse, waste tires as defined by K.S.A.65-3424, and amendments thereto, and other discarded materials, including, butnot limited to, solid, semisolid, sludges, liquid and contained gaseous wastematerials resulting from industrial, commercial, agricultural and domesticactivities. Solid waste does not include hazardous wastes as defined bysubsection (f) of K.S.A. 65-3430, and amendments thereto, recyclables or thewaste of domestic animals as described by subsection (a)(1) of K.S.A. 65-3409,and amendments thereto.
(b) "Solid waste management system" means the entire process of storage,collection, transportation, processing, and disposal of solid wastes by anyperson engaging in such process as a business, or by any state agency, city,authority, county or any combination thereof.
(c) "Solid waste processing facility" means incinerator, composting facility,household hazardous waste facility, waste-to-energy facility, transfer station,reclamation facility or any other location where solid wastes are consolidated,temporarily stored, salvaged or otherwise processed prior to being transportedto a final disposal site. This term does not include a scrap material recyclingand processing facility.
(d) "Solid waste disposal area" means any area used for the disposal of solidwaste from more than one residential premises, or one or more commercial,industrial, manufacturing or municipal operations. "Solid waste disposal area"includes all property described or included within any permit issued pursuantto K.S.A. 65-3407, and amendments thereto.
(e) "Person" means individual, partnership, firm, trust, company,association, corporation, individual or individuals having controlling ormajority interest in a corporation, institution, political subdivision, stateagency or federal department or agency.
(f) "Waters of the state" means all streams and springs, and all bodies ofsurface or groundwater, whether natural or artificial, within the boundaries ofthe state.
(g) "Secretary" means the secretary of health and environment.
(h) "Department" means the Kansas department of health and environment.
(i) "Disposal" means the discharge, deposit, injection, dumping, spilling,leaking or placing of any solid waste into or on any land or water so thatsuch solid waste or any constituent thereof may enter the environment orbe emitted into the air or discharged into any water.
(j) "Open dumping" means the disposal of solid waste at any solid wastedisposal area or facility which is not permitted by the secretary underthe authority of K.S.A. 65-3407, and amendments thereto, or the disposalof solid waste contrary to rules and regulations adopted pursuant to K.S.A.65-3406, and amendments thereto.
(k) "Generator" means any person who produces or brings into existence solidwaste.
(l) "Monitoring" means all procedures used to (1) systematically inspect andcollect data on the operational parameters of a facility, an area or atransporter, or (2) to systematically collect and analyze data on the qualityof the air, groundwater, surface water or soils on or in the vicinity of asolid waste processing facility or solid waste disposal area.
(m) "Closure" means the permanent cessation of active disposal operations,abandonment of the disposal area, revocation of the permit or filling withwaste of all areas and volume specified in the permit and preparing the areafor the long-term care.
(n) "Postclosure" means that period of time subsequent to closure of a solidwaste disposal area when actions at the site must be performed.
(o) "Reclamation facility" means any location at which material containing acomponent defined as a hazardous substance pursuant to K.S.A. 65-3452a andamendments thereto or as an industrial waste pursuant to this section isprocessed.
(p) "Designated city" means a city or group of cities which, throughinterlocal agreement with the county in which they are located, is delegatedthe responsibility for preparation, adoption or implementation of the countysolid waste plan.
(q) "Nonhazardous special waste" means any solid waste designated by thesecretary as requiring extraordinary handling in a solid waste disposal area.
(r) "Recyclables" means any materials that will be used or reused, orprepared for use or reuse, as an ingredient in an industrial process to make aproduct, or as an effective substitute for a commercial product. "Recyclables"includes, but is not limited to, paper, glass, plastic, municipal watertreatment residues, as defined by K.S.A. 65-163 and amendments thereto, andmetal, but does not include yard waste.
(s) "Scrap material processing industry" means any person who accepts,processes and markets recyclables.
(t) "Scrap material recycling and processing facility" means a fixed locationthat utilizes machinery and equipment for processing only recyclables.
(u) "Construction and demolition waste" means solid waste resulting from theconstruction, remodeling, repair and demolition of structures, roads, sidewalksand utilities; untreated wood and untreated sawdust from any source; treatedwood from construction or demolition projects; small amounts of municipal solidwaste generated by the consumption of food and drinks at construction ordemolition sites, including, but not limited to, cups, bags and bottles;furniture and appliances from which ozone depleting chlorofluorocarbons havebeen removed in accordance with the provisions of the federal clean air act;solid waste consisting of motor vehicle window glass; and solid wasteconsisting of vegetation from land clearing and grubbing, utility maintenance,and seasonal or storm-related cleanup. Such wastes include, but are not limitedto, bricks, concrete and other masonry materials, roofing materials, soil,rock, wood, wood products, wall or floor coverings, plaster, drywall, plumbingfixtures, electrical wiring, electrical components containing no hazardousmaterials, nonasbestos insulation and construction related packaging."Construction and demolition waste" shall not include waste material containingfriable asbestos, garbage, furniture and appliances from which ozone depletingchlorofluorocarbons have not been removed in accordance with the provisions ofthe federal clean air act, electrical equipment containing hazardous materials,tires, drums and containers even though such wastes resulted from constructionand demolition activities. Clean rubble that is mixed with other constructionand demolition waste during demolition or transportation shall be considered tobe construction and demolition waste.
(v) "Construction and demolition landfill" means a permitted solid wastedisposal area used exclusively for the disposal on land of construction anddemolition wastes. This term shall not include a site that is used exclusivelyfor the disposal of clean rubble.
(w) "Clean rubble" means the following typesof construction and demolition waste: Concreteand concrete products including reinforcing steel, asphaltpavement, brick, rock and uncontaminated soil as defined inrules and regulations adopted by the secretary.
(x) "Industrial waste" means all solid waste resulting from manufacturing,commercial and industrial processes which is not suitable for discharge to asanitary sewer or treatment in a community sewage treatment plant or is notbeneficially used in a manner that meets the definition of recyclables.Industrial waste includes, but is not limited to: Mining wastes fromextraction, beneficiation and processing of ores and minerals unless thoseminerals are returned to the mine site; fly ash, bottom ash, slag and flue gasemission wastes generated primarily from the combustion of coal or other fossilfuels; cement kiln dust; waste oil and sludges; waste oil filters; andfluorescent lamps.
(y) "Composting facility" means any facility that composts wastes and has acomposting area larger than one-half acre.
(z) "Household hazardous waste facility" means a facility established forthe purpose of collecting, accumulating and managing household hazardous wasteand may also include small quantity generator waste or agricultural pesticidewaste, or both. Household hazardous wastes are consumer products that whendiscarded exhibit hazardous characteristics.
(aa) "Waste-to-energy facility" means a facility that processes solid wasteto produce energy or fuel.
(bb) "Transfer station" means any facility where solid wastes are transferredfrom one vehicle to another or where solid wastes are stored and consolidatedbefore being transported elsewhere, but shall not include a collection boxprovided for public use as a part of a county-operated solid waste managementsystem if the box is not equipped with compaction mechanisms or has a volumesmaller than 20 cubic yards.
(cc) "Municipal solid waste landfill" means a solid waste disposal area whereresidential waste is placed for disposal. A municipal solid waste landfill alsomay receive other nonhazardous wastes, including commercial solid waste, sludgeand industrial solid waste.
(dd) "Construction related packaging" means small quantities of packagingwastes that are generated in the construction, remodeling or repair ofstructures and related appurtenances. "Construction related packaging" does notinclude packaging wastes that are generated at retail establishments sellingconstruction materials, chemical containers generated from any source orpackaging wastes generated during maintenance of existing structures.
(ee) "Industrial facility" includes all operations, processes andstructures involved in the manufacture or production of goods, materials,commodities or other products located on, or adjacent to, an industrial siteand is not limited to a single owner or to a single industrial process. Forpurposes of this act, it includes all industrial processes and applicationsthat may generate industrial waste which may be disposed at a solid wastedisposal area which is permitted by the secretary and operated for theindustrial facility generating the waste and used only for industrialwaste.
History: L. 1970, ch. 264, § 2;L. 1974, ch. 352, § 156;L. 1977, ch. 221, § 1;L. 1979, ch. 202, § 1;L. 1981, ch. 251, § 21;L. 1992, ch. 316, § 2;L. 1993, ch. 274, § 1;L. 1994, ch. 283, § 1;L. 1995, ch. 221, § 1;L. 1997, ch. 140, § 2;L. 2001, ch. 127, § 1;L. 2002, ch. 121, § 1;L. 2005, ch. 25, § 1;L. 2006, ch. 53, § 1; April 6.