65-3415. Solid waste grants.
65-3415
65-3415. Solid waste grants.(a) The secretary is authorized to assist counties, designatedcities or regional solid waste management entities by administering grantsto pay up to 60% of thecosts of preparing and revising official plans for solid waste managementsystems in accordance with the requirements of this act and the rules andregulations and standards adopted pursuant to this act, and for carrying outrelated studies, surveys, investigations, inquiries, research and analyses.
(b) The secretary is authorized to assist counties, designated cities,municipalities, regional solid waste management entities that are part of aninterlocal agreement entered into pursuant to K.S.A. 12-2901 et seq. andamendments thereto or other applicable statutes, colleges, universities,schools, state agencies or private entities, byadministering competitivegrants that pay up to 75% of eligible costs incurred by such a county, city,regional entity, college, university, school, state agency or privateentity pursuant to an approved solidwaste management plan, for any projectrelated to the development and operation of recycling, source reduction, wasteminimization and solid waste management public education programs. Suchprojects shall include, but not be limited to,the implementation of innovative waste processing technologies whichdemonstrate nontraditional methods to reduce waste volume by recoveringmaterials or by converting the waste into usable by-products or energy throughchemical or physical processes.To beeligible for competitive grants awarded pursuant to this section, a county,designated city, regional entity, college, university, school, stateagency or private entity must be implementing aproject which is part of a solid waste management plan approved by thesecretary orimplementing a project with statewide significance as determined by thesecretary with the advice and counsel of the solid waste grants advisorycommittee.
(c) The secretary is authorized to assist counties, cities orregional solidwaste management entities that are part of an interlocal agreement entered intopursuant to K.S.A. 12-2901 et seq. and amendments thereto or other applicablestatutes, by administering grants that pay up to 60% of costs incurred by sucha county, city or regional entity for:
(1) The development or enhancement of temporary and permanenthouseholdhazardous waste programsoperated in accordance with K.S.A. 65-3460 and amendments thereto;
(2) the first year of operation following initial start-up of temporary andpermanent household hazardous waste programs; and
(3) educating the public regarding changes in household hazardous wastecollection program operations or services.
(d) The secretary is authorized to assist counties, cities orregional solidwaste management entities that are part of an interlocal agreement entered intopursuant to K.S.A. 12-2901 et seq. and amendments thereto or other applicablestatutes, by administering grants that pay up to 75% of costs incurred by sucha county, city or regional entity to develop and implement temporaryagricultural pesticide collection programs.
(e) The secretary is authorized to assist counties, cities orregional solidwaste management entities that are part of an interlocal agreement entered intopursuant to K.S.A. 12-2901 et seq. and amendments thereto or other applicablestatutes, by administering grants that pay up to 75% of costs incurred by sucha county, city, or regional entity to develop and implement exempt smallquantity hazardouswaste generator waste collection programs, subject to the following:
(1) The aggregate amount of all such grants made for a fiscal year shall notexceed $150,000; and
(2) no grantee shall receive any such grants in an aggregate amountexceeding $50,000.
(f) (1) Failure of any public or private entity to pay solid wastetonnage fees as requiredpursuantto K.S.A. 65-3415b, and amendments thereto, shall bar receipt of anygrant fundsby such entity until fees and related penalties have been paid.
(2) Failure of a county or regional authority to perform annual solidwaste plan reviews and five year public hearings, and submit appropriatenotification to the secretary that such actions have been carried out pursuantto K.S.A. 65-3405, and amendments thereto, shall bar receipt of any grant fundsby any entity within the jurisdiction of such county or regional authorityunless the grant would support a project expected to yield benefits to countiesoutside the jurisdiction of such county or regional authority.
(3) A city, county, regional authority, college, university, school, stateagency or private entity shall not beeligible to receive grants authorized in K.S.A. 65-3415, and amendmentsthereto, if the department determines that such city, county, regionalauthority, college, university, school, state agency or private entityis operating in substantial violation of applicablesolid andhazardous waste laws or rules and regulations.
(4) The secretary may establishadditional minimum requirements for grant eligibility.
(g) If the secretary determines that a grant recipient has utilized grantmoneys for purposes not authorized in the grant contract, the secretary mayorder the repayment of such moneys and cancel any remaining departmentcommitments under the grant. If the grant recipient fails tocomply with the secretary's order, the secretary may initiate a civil action indistrict court to recover any unapproved expenditures, including administrativeand legal expenses incurred to pursue such action. Recovered grant moneys orexpenses shall be remitted to the state treasurer, who shall deposit the entireamount in the state treasury and credit it to the solid waste managementfund.
(h) All grants shall be made in accordance with appropriation acts frommoneys in thesolid waste management fundcreated by K.S.A. 65-3415a and amendments thereto.
(i) Local match requirements for all solid waste grant programs may be metby in-kind contributions.
History: L. 1970, ch. 264, § 15;L. 1974, ch. 352, § 168;L. 1992, ch. 316, § 6;L. 1995, ch. 221, § 2;L. 1997, ch. 140, § 8;L. 2000, ch. 96, § 1;L. 2001, ch. 127, § 5; July 1.