65-3407c. Exemptions from permit requirement.
65-3407c
65-3407c. Exemptions from permitrequirement.(a) The secretary may authorize persons to carry out thefollowing activities without a solid waste permit issued pursuant to K.S.A.65-3407, and amendments thereto:
(1) Dispose of solid waste at a site where the waste has been accumulated orillegally dumped. Disposal of some or all such waste must be identified as anintegral part of a site cleanup and closure plan submitted to the department bythe person responsible for the site. No additional waste may be brought to thesite following the department's approval of the site cleanup and closure plan.
(2) Perform temporary projects to remediate soils contaminated by organicconstituents capable of being reduced in concentration by biodegradationprocesses or volatilization, or both. Soil to be treated may be generatedon-site or off-site. A project operating plan and a site closure plan must besubmitted to the department as part of the project approval process.
(3) Dispose of demolition waste resulting from demolition of an entirebuilding or structure if such waste is disposed of at the site where thebuilding or structure was located. Prior to the department's authorization,written approval forthe disposal must be obtained from the landowner and the local governmental orzoning authority having jurisdiction over the disposal site. The disposal areamust be covered with a minimum of two feet of soil and seeded, rocked or paved.The final grades for the disposal site must be compatible with and notdetract from the appearance of adjacent properties.
(4) Dispose of solid waste generated as a result of a transportationaccident if such waste is disposed of on property adjacent to or near theaccident site. Prior to thedepartment's authorization, written approval for the disposal must be obtainedfromthe landowner and the local governmental or zoning authority havingjurisdiction over the disposal site. A closure plan must be submitted to thedepartment as partof the authorization process.
(5) Dispose of whole unprocessed livestock carcasses on property at,adjacent or near where the animals died if: (A) Such animals died as aresult of a natural disaster or their presence has created an emergencysituation; and(B) proper procedures are followedto minimize threats to human health and the environment. Prior to thedepartment's authorization, written approval for the disposal must be obtainedfrom the landowner and the local governmental or zoning authority havingjurisdiction over the disposal site.
(6) Dispose of solid waste resulting from naturaldisasters, such as storms, tornadoes, floods and fires, or other suchemergencies,when a request for disposal is made by the local governmental authorityhaving jurisdiction over the area. Authorization shall be granted by thedepartment only when failure to act quickly could jeopardize human health ortheenvironment. Prior to the department's authorization, written approval for thedisposal must be obtained from the landowner and the local governmental orzoning authority having jurisdiction over the disposal site. The localgovernmental authority must agree to provide properclosure and postclosure maintenance of the disposal site as a condition ofauthorization.
(7) Store solid waste resulting from natural disasters, such as storms,tornadoes, floodsand fires, or other such emergencies, at temporary waste transfer sites, when arequest for storageis made by the local governmental authority having jurisdiction over the area.Authorization shallbe granted by the department only when failure to act quickly could jeopardizehuman health orthe environment. Prior to the department's authorization, written approval forthe storage must beobtained from the landowner and the local governmental or zoning authorityhaving jurisdictionover the storage site. The local governmental authority must agree to provideproper closure ofthe storage and transfer site as a condition of authorization.
(b) The secretary shall consider the following factors when determiningeligibility for an exemption to the solid waste permitting requirements underthis section:
(1) Potential impacts to human health and the environment.
(2) Urgency to perform necessary work compared to typical permittingtimeframes.
(3) Costs and impacts of alternative waste handling methods.
(4) Local land use restrictions.
(5) Financial resources of responsible parties.
(6) Technical feasibility of proposed project.
(7) Technical capabilities of persons performing proposed work.
(c) The secretary may seek counsel from local government officials prior toexempting activities from solid waste permitting requirements under thissection.
History: L. 1997, ch. 140, § 5;L. 1999, ch. 112, § 2;L. 2001, ch. 127, § 3; July 1.