65-3409. Unlawful acts; penalties.
65-3409
65-3409. Unlawful acts; penalties.(a) It shall be unlawful for any person to:
(1) Dispose of any solid waste by open dumping, but this provision shallnot prohibit: (A) The use of solid wastes, except for waste tires, asdefined by K.S.A. 65-3424, and amendments thereto, innormal farming operations or in the processing or manufacturing of otherproducts in a manner that will not create a public nuisance or adverselyaffect the public health; or (B) an individual from dumping or depositingsolid wastes resulting from such individual's own residential oragricultural activities onto the surface of land owned or leased by suchindividual when such wastes do not create a public nuisance or adverselyaffect the public health or the environment.
(2) Except as otherwise provided by K.S.A. 65-3407c, andamendments thereto, construct,alter oroperate a solid wasteprocessing or disposal facility or act as a waste tire transporter or mobilewaste tireprocessor, as defined by K.S.A. 65-3424, and amendments thereto, without apermit or be inviolation of the rules and regulations, standards or orders of thesecretary.
(3) Violate any condition of any permit issued under K.S.A. 65-3407 or65-3424b,and amendments thereto.
(4) Conduct any solid waste burning operations in violation of theprovisions of the Kansas air quality act.
(5) Store, collect, transport, process, treat or dispose of solid wastecontrary to the rules and regulations, standards or ordersof the secretary or in such a manner as to create a public nuisance.
(6) Refuse or hinder entry, inspection, sampling and the examinationor copying of records related to the purposes of this act by an agent oremployee of the secretary after such agent or employee identifies and givesnotice of their purpose.
(7) Violate subsection (b) of K.S.A. 65-3424a,subsection (c) of K.S.A. 65-3424b or K.S.A. 65-3424i, andamendments thereto.
(8) Divide a solid waste disposal area which has been issued a permitpursuant to K.S.A. 65-3407, and amendments thereto, into two or more parcels ofreal property for the purpose of selling or transferring a portion of thepermitted area to a new owner without receiving prior approval of thesecretary. If the secretary does not approve or deny the division of the areawithin 60days after the matter is submitted to the secretary for approval, the divisionshall be deemed to have been approved. Approval pursuant to this subsectionshall not be necessary for transfer of a permitted solid waste disposal area asallowed by subsection (i)(1) of K.S.A. 65-3407, and amendments thereto.
(b) No person shall be held responsible for failure to secure apermit under the provisions of this section for the dumping ordepositing of any solid waste on land owned or leased by such personwithout such person's expressed or implied consent, permission orknowledge.
(c) Any person who violates any provision of subsection (a) shall be guiltyof a class A misdemeanor and, upon convictionthereof, shall be punished as provided by law.
History: L. 1970, ch. 264, § 9; L. 1974, ch. 352, § 162; L.1977, ch. 221, § 4; L. 1981, ch. 251, § 24;L. 1991, ch. 197, § 8;L. 1993, ch. 13, § 17;L. 1997, ch. 140, § 6;L. 2001, ch. 127, § 4; July 1.