65-3405. Solid waste management plan required; solid waste management committee; process for adoption and revision of plan; contents of plan.
65-3405
65-3405. Solid waste management plan required; solidwaste managementcommittee; process for adoption and revision of plan; contents ofplan.(a) Each county of this state, or a designated city, shall submit to thesecretary a workable plan for the management of solid waste in such county. Theplan developed by each county or designated city shall be adopted by thegoverning body of such county or designated city if so authorized. Two or morecounties, by interlocal agreement entered into pursuant to K.S.A. 12-2901 etseq., and amendments thereto, may develop and adopt a regional plan in lieu ofseparate county plans.
(b) There shall be established in each county or group of countiescooperating in a regional plan a solid waste management committee.A county which cooperates in aregional plan may establish its own county committee inaddition tocooperating in the required regional committee. A county which does notcooperate in a regionalplan may designate, by interlocal agreement, a city as the solid wastemanagement planning authority for the county. Subject to the requirements ofthis section, the membership of the committee,the terms of committee members, the organization of the committee and selectionof its officers shall be determined by the county or counties by interlocalagreement entered into pursuant to K.S.A. 12-2901 et seq., and amendmentsthereto. Thenumber of members on the committee, whether an individual countycommitteeor a regionalcommittee, shall be not fewer than five or a number equal to the total numberof countiescooperating in the regional plan, whichever is more, and shall not exceed30. The membership shall include: (1)Representatives of incorporated cities located in the county or counties,not to exceed five members representing any cities ofthe first class, threemembers representing any cities of the second class and one member representingany cities of the third class; (2) one representative of unincorporated areasof the county or counties; (3) representatives of thegeneral public, citizen organizations, private industry, any private solidwaste management industry operating in the county or counties and any privaterecycling or scrap material processing industry operating in the county orcounties; (4) the recycling coordinator, if any, of the county or counties;and (5) any other persons deemed appropriate by the county, designatedcity or groups of counties,including,but not limited to, county commissioners, county engineers, county healthofficers and county planners. Membersof the committee shall be appointed by the board of county commissioners orgoverning body of the designated cityor by agreement of the boards of county commissionerscooperating in the plan.A county commissioner shall not be appointed to a regional planningcommitteeunless one ormore other noncommissioners also represent the commissioner's county on thecommittee. Aregional planning committee shall include at least one representative of eachcounty in theregion. Persons appointed to an individual county planning committee in acounty covered by aregional plan may also serve on a regional planning committee. Membersappointed to representcities shall be nominated by the mayor of thecity represented,or by agreement of all mayors of the cities represented ifmore than one city of the class is located in the county or counties. If thenominee is not appointed or rejected within 30 daysafter nomination, the nominee shall be deemed appointed.
(c) The solid waste management committee, whether an individual countycommittee or a regional committee, shall: (1) Be responsible for thepreparation of the solid waste management plan of the individual countyor group ofcounties; (2) review the plan at least annually;and (3) provide to the county commissioners of the individual county orgroupof counties servedby the plan a report containing the results of the annual plan reviews,including recommendationsfor revisions to the plan. Annual plan reviews which take place in years whencountycommissions are scheduled to carry out five-year public hearings in accordancewith subsection(d) shall comprehensively evaluate the adequacy of the plan with respect toall criteriaestablished by subsection (j). The responsibilities of a solid wastemanagement committeeestablished in a county which cooperates in a regional plan are to bedetermined by the countycommission of such county.
(d) Each county commission shall: (1) Review the county or regional solidwaste management plan, the annual review report and any proposed revisions ofthe plan prepared bythe solid waste management committee; (2) adopt the solid waste management planor proposedrevisions to the plan prepared by the solid waste management committee assubmitted or as revised by the county commission, except asprovided by subsection (g) for regional plans; (3) at least every five yearshold a public hearingon the county or regional solid waste management plan, including a review ofprojected solidwaste management practices and needs for a 10-year planning period; (4) notifythe departmentthat the solid waste management committee has completed each annual review andeach five-yearpublic hearing and that the commission has adopted the plan or review, exceptas provided insubsection (g) for regional plans; (5) submit with the annual notification alist of solid wastemanagement committee members representing the county on an individual countycommittee or aregional committee; and (6) review permit applications for solid wasteprocessing facilities andsolid waste disposal areas submitted to the department pursuant to K.S.A.65-3407, andamendments thereto, to determine consistency of the proposed facility with thecounty orregional plan and to certify that the area is properly zoned or compatible withsurrounding land uses. County commissions may utilize the annual plan reviewreports prepared by solid wastemanagement committees as the basis for the required five-year public hearings.
(e) The county commission of each county which has completed an individualcountysolid waste plan shall convene an annual meeting of the county solid wastemanagementcommittee to review the plan. If a quorum of the solid waste managementcommittee is notpresent, the county commission may independently complete the annual reviewrequired insubsection (c).
(f) The county commission of a county which has completed an individualcounty solidwaste management plan may choose to revise its plan at a time which does notcoincide with ascheduled annual review by the county solid waste management committee. Insuch a case, thecounty commission shall convene a meeting of the solid waste managementcommittee to reviewthe commission's proposed changes and obtain committee comments andrecommendations forplan revision. If a quorum of the solid waste management committee is notpresent, the countycommission may independently revise and adopt the county solid waste managementplan.Theaforementioned meeting shall include an opportunity for public input.
(g) A regional solid waste management committee shall meet annually to reviewtheregional solid waste management plan. The recommendations of the regionalcommittee shall bedistributed to the county commissioners of each county cooperating in theregional plan. Eachcounty commission shall either: (1) Adopt the regional committee report,including any proposedplan revisions, and submit the record of adoption back to the regionalcommittee; or (2) submitcomments back to the regional committee. Following the adoption of the annualreview report byevery county in the region, the regional committee shall notify the departmentthat the annualreview or five-year update has been completed.
(h) The county commission of a county which cooperates in a regional solidwastemanagement plan may choose to revise its plan at a time which does not coincidewith ascheduled annual review by the regional solid waste management committee. Atsuch time, theprovisions of the interlocal agreement shall establish protocols for addressingthe needs of thecounty seeking the change in the regional plan.
(i) Each county or group of counties is required to adoptand implement asolid wastemanagement plan pursuant to this section and is responsible for continued andongoing planning for systematic solid waste management within the boundaries ofsuch county or group of counties. The solid waste management plan of eachcounty, designated city or group ofcounties shall provide for a solid wastemanagement system plan to serveall generators of solid waste within the county or group of counties.
(j) Every plan shall:
(1) Delineate areas within the jurisdiction ofthe political subdivision or subdivisions where waste management systemsare inexistence and areas where the solid waste management systems are plannedto be available within a 10-year period.
(2) Conform to the rules and regulations, standards andprocedures adopted by the secretary for implementation of this act.
(3) Provide for solid waste managementsystems in a manner consistent with the needs and plans of the wholearea, and in a manner which will not contribute to pollution of thewaters or air of the state, nor constitute a public nuisance and shallotherwise provide for the safe and sanitary disposal of solid waste.
(4) Conform with existing comprehensiveplans, populationtrend projections, engineering and economics so as to delineate withpracticable precision those portions of the area which may reasonably beexpected to be served by a solid waste management system within the next10 years.
(5) Take into consideration existing acts and regulations affectingthe development, use and protection of air, water or land resources.
(6) Establish a time schedule and revenue schedule for thedevelopment, construction and operation of the planned solid wastemanagement systems, together with the estimated cost thereof.
(7) Describe the elements of the plan which will require public educationand include a plan for delivering such education.
(8) Include such other reasonable information as the secretary requires.
(9) Establish a schedule for the reduction of waste volumestaking in consideration the following: (A) Source reduction; (B) reuse,recycling, composting; and (C) land disposal.
(10) Take into consideration the development of specific managementprogramsfor certain wastes, including but not limited to lead acid batteries, householdhazardous wastes, small quantities of hazardous waste, white goods containingchlorofluorocarbons, pesticides and pesticide containers, motor oil,consumer electronics, medical wastes, construction and demolition waste,seasonal clean-upwastes, wastes generated by natural disasters and yard waste.
(k) The plan and any revision of the plan shall be reviewedby appropriate official planningagencies within the area covered by the plan for consistency withprograms of comprehensive planning for the area. All such reviewsshall be transmitted to the secretary with the proposed plan or revision.
(l) The secretary is hereby authorized to approve ordisapproveplans for solid waste management systems, or revisions of such plans,submitted in accordance with this act. If a plan or revision is disapproved,the secretary shall furnish any and all reasons for such disapproval, and thecounty or group of counties whose plan or revision is disapproved may request ahearing before the secretary in accordance with K.S.A. 65-3412, and amendmentsthereto.
(m) The secretary is authorized to provide technicalassistanceto counties or designated cities in coordinating plans for solid wastemanagement systems required by this act, including revisions ofsuch plans.
(n) The secretary mayrecommend that two or more counties adopt, submit and implement a regionalplan rather than separate county plans.
(o) The secretary may institute appropriate action tocompel submission ofplans or plan revisions in accordance withthis act and the rules and regulations, standards and procedures ofthe secretary.
(p) Upon approval of the secretary of a solid wastemanagement plan, thecounty or designated city is authorized and directed to implement theprovisions contained in the plan.
(q) A county cooperating in a regional solid wastemanagement plan maywithdraw from such plan only:
(1) In accordance with the terms of the interlocal agreement adopting theold plan or upon revision or termination of such agreement to permitwithdrawal andupon a determination by the secretary that the existing regionalsolidwaste management plan will not be significantly affected by the withdrawal;or
(2) if two or more revised solid waste management plans are prepared andsubmitted to thedepartment for review and approval addressing solid waste management incounties which havedecided to plan individually or in any newly formed regions.
History: L. 1970, ch. 264, § 5; L. 1974, ch. 352, §158;L. 1992, ch. 316, § 3;L. 1997, ch. 140, § 3;L. 2002, ch. 79, § 1; July 1.