65-3406. Duties and functions of secretary; rules and regulations; exemption of certain solid waste disposal areas from certain requirements.
65-3406
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 andregulations, standards and procedures relative to solidwaste management as necessary to protect the public health andenvironment, prevent public nuisances and enable the secretary to carryout the purposes and provisions of this act.
(2) Report to the legislature on further assistance needed toadminister the solid waste management program.
(3) Administer the solid waste management programpursuant to provisions of this act.
(4) Cooperate with appropriate federal, state, interstate andlocalunits of government and with appropriate private organizations incarrying out duties under this act.
(5) Develop a statewide solid waste management plan.
(6) Provide technical assistance, including the training ofpersonnel to cities, counties and other political subdivisions.
(7) Initiate, conduct and support research, demonstrationprojectsand investigations and coordinate all state agency research programswith applicable federal programs pertaining to solid wastemanagement systems.
(8) Establish policies for effective solid wastemanagement systems.
(9) Assist counties and groups of counties to establish andimplementsolid waste planning and management.
(10) Authorize issuance of such permits and orders and conduct suchinspections as may be necessary to implement the provisions of this actand the rules and regulations and standards adopted pursuant to this act.
(11) Conduct and contract for research and investigations in theoverall 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 wastedisposalareas, including those that are privately owned.
(13) Adopt rules and regulations establishing criteria for thelocation ofprocessing facilities and disposal areas for solid wastes.
(14) Adopt rules and regulations establishing appropriatemeasuresfor monitoring solid wastedisposal areas and processing facilities, both during operation and afterclosure.
(15) Adopt rules and regulations requiring that, for such periodoftime as the secretary shall specify, any assignment, sale, conveyance ortransfer of all or any part of the property upon which a permitted disposalarea for solid waste is or has been locatedshall be subject to such terms and conditions as to the use of suchproperty as the secretary shall specify to protect human health and theenvironment.
(16) Adopt suitable measures, including rules and regulations ifappropriate, to encourage recovery and recycling of solid wasteforreuse whenever feasible.
(17) Adopt rules and regulations establishing standards fortransporters of solid waste.
(18) Adopt rules and regulations establishing minimum standardsforclosing, termination, and long-term care of sites for the land disposal ofsolid waste. In this subsection, "site" refers to a site for the landdisposal of solid waste which has a permit issued under K.S.A. 65-3407 andamendments thereto.The owner of a site shall be responsible for the long-term care of thesite for 30 years after the closing of the site, except thesecretary may extend the long-term care responsibility of a particularsite or sites as the secretary deems necessary to protect thepublichealth and safety or the environment. Any person acquiring rights ofownership, possession or operation in a permitted site or facility forthe land disposal of solid waste at any time after the site has begun toaccept waste and prior to closure shall be subject to all requirementsof the permit for the site or facility, including therequirements relating to long-term care of the site or facility.
(19) Enter into cooperative agreements with the secretary of commerce forthe development and implementation of statewide market development forrecyclable materials.
(20) Adopt rules and regulations for the management of nonhazardousspecial wastes.
(b) In adopting rules and regulations, the secretary shall allow theexemption contained in subsection (f)(1) of 40 CFR 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 whichestablish standards for solidwaste processing facilities or solid waste disposal areas that are morestringent than thestandards required by federal law or applicable federal regulations on suchdate shall not become effectiveuntil 45 days after the beginning of the next ensuing session of thelegislature, which date shall be specifically provided in such rule andregulation.
(2) The provisions of subsection (c)(1) shall not apply to rules andregulations adopted before January 1, 1995, which establishstandards for location, design and operation of solid waste processingfacilities and disposal areas.
(d) Any solid waste disposal area which qualifies for the exemptionprovided forbysubsection (b) and which successfully demonstrates that naturally occurringgeological conditions provide sufficient protection against groundwatercontaminationshall not be required to construct a landfill liner or leachate collectionsystem. The secretary shall adopt rules and regulations which establishcriteria for performing this demonstration and standards for liner and leachatecollection systems for exempt landfills which fail the demonstration.Solid waste disposalareas which qualify for the exemption provided for by subsection (b) may bedesigned withtrenches or units which have straight vertical walls.All solidwaste disposal areas which qualify for the exemption provided for by subsection(b) shall be required to comply with all applicablerules and regulations adopted by the secretary andapproved by the U.S. environmental protection agency, including locationrestrictions, operating requirements and closure standards for municipal solidwaste landfills. Operating requirements include, but are not limited to,hazardous waste screening, daily cover, intermediate cover, disease vectorcontrol, gas monitoring and management, air emissions, survey controls,compaction, recordkeeping and groundwater monitoring.
The identification of groundwater contamination caused by disposal activitiesat a solid waste disposal area which has qualified for the exemption providedfor bysubsection (b) shall result in:
(1) The loss of such exemption; and
(2) the application of all corrective action and design requirementsspecified in federal laws and regulations, or in equivalent rules andregulations adopted by the secretary and approved by the U.S. environmentalprotection 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.