65-3415a. Solid waste management fund.
65-3415a
65-3415a. Solid waste management fund.(a) There is hereby created in the state treasury the solidwaste management fund.
(b) The secretary shall remit to the statetreasurer, in accordance with the provisions of K.S.A. 75-4215, andamendments thereto, allmoneys collected or received by the secretary from the following sources:
(1) Solid waste tonnage fees imposed pursuant to K.S.A. 65-3415b, andamendments thereto;
(2) application and annual fees provided for by K.S.A. 65-3407, andamendments thereto;
(3) gifts, grants, reimbursements or appropriations intended to be used forthe purposes of the fund, but excluding federal grants and cooperativeagreements; and
(4) any other moneys provided by law.
Upon receipt of each such remittance, the state treasurershall deposit in the state treasuryany amount remitted pursuant to this subsection to the credit of thesolid waste management fund.
(c) Moneys in the solid waste management fund shall be expended for thefollowing purposes:
(1) Grants to counties or groups of counties or designated city or citiespursuant to K.S.A. 65-3415,and amendments thereto;
(2) monitoring and investigating solid waste management plans of countiesand groups of counties;
(3) payment of extraordinary costs related to monitoring permitted solidwaste processing facilities and disposal areas, both during operation andafter closure;
(4) payment of costs of postclosure cleanup of permitted solid wastedisposal areas which, as a result of a postclosure occurrence, pose asubstantial hazard to public health or safety or to the environment;
(5) emergency payment for costs of cleanup of solid waste disposal areaswhich were closed before the effective date of this act and which pose asubstantial risk to the public health or safety or to the environment, but thetotal amount of such emergency payments during a fiscal year shall not exceedan amount equal to 50% of all amounts credited to the fund during the precedingfiscal year;
(6) payment for emergency action by the secretary as necessaryor appropriate to assure that the public health or safety is not threatenedwhenever there is a release from a solid waste processing facility or a solidwaste disposal area;
(7) payment for corrective action by the secretary at an active or closedsolid waste processing facility or asolid waste disposal area where solid waste management activity has resultedin an actual or potential threat to human health or the environment, iftheowner or operator has not been identified or is unable or unwilling to performcorrective action;
(8) payment of the administrative, technical and legal costs incurred bythesecretary in carrying out the provisions of K.S.A. 65-3401 through 65-3423, andamendments thereto, including the cost of any additional employees or increasedgeneral operating costs of the department attributable therefor;
(9) development of educational materials and programs for informing thepublic about solid waste issues;
(10) direct payments to reimburse counties or cities for household, farmeror exempt small quantity generator hazardous wastes generated from persons notserved by existing household hazardous waste programs or direct payment ofcontractors for the disposal costs of such wastes;
(11) payment of costs associated with the solid waste grants advisory boardpursuant to K.S.A. 65-3426, andamendments thereto;
(12) with the consent of the city or county, payment for the removal anddisposal or on-site stabilization of solidwaste which has been illegally dumped when the responsible party is unknown,unwilling or unable to perform the necessary corrective action, provided that:(A) Moneys in the fund shall be used to pay only 75% of the costs of suchcorrective action and the city or county shall pay the remaining 25% of suchcosts; and (B) not more than $10,000 per site shall be expended from the fundfor such corrective action;
(13) payment of the costs to administer regional or statewide wastecollection programs designed to remove hazardous materials and wastes fromhomes, farms, ranches, institutions and small businesses not generally coveredby state or federal hazardous waste laws and rules and regulations; and
(14) payment for the disposal of household hazardous waste generated as aresult of community clean-up activities following natural disasters such asfloods and tornados.
(d) If the secretary determines that expenditures from the solid wastemanagement fund are necessary to perform authorized corrective actionsrelated to solid waste management activities, the person or personsresponsible for illegal dumping activity or theoperation or long-term care of a disposal area whose failure to comply withthis act, rules and regulations promulgated thereunder, or permit conditionsresulted in such determination, shall be responsible for the repayment of thoseamounts expended. The secretary shall take appropriate action to enforce thisprovision against any responsible person.If amounts arerecovered for payment for corrective action pursuant to subsection (c)(12), 25%of the amount recovered shall be paid to the city or county that shared in thecost of the corrective action. Otherwise, thesecretary shall remit any amounts recovered and collected in such actionto the state treasurer in accordance with the provisions of K.S.A. 75-4215,andamendments thereto. Upon receipt of each such remittance, thestatetreasurer shall deposit the entire amount in thestate treasury to the credit of the solid waste management fund.Prior to initiating any corrective action activities authorized by thissection, the secretary shall give written notice to the person or personsresponsible for the waste to be cleaned up and to the property owner that thedepartment will undertake corrective action if the responsible person orpersons do not perform the necessary work within a specified time period. Thedepartment and its representatives are authorized to enter private property toperform corrective actions if the responsible party fails to performrequired clean-up workbut no such entry shall be made without the property owner's consentexcept upon notice and hearing in accordance with the Kansas administrativeprocedure act and a finding that the solid waste creates a public nuisance oradversely affectsthe public health or the environment.
(e) Expenditures from the solid waste management fund shall be made inaccordancewith appropriations acts upon warrants of the director of accounts and reportsissued pursuant to vouchers approved by the secretary or a person designated bythe secretary.
(f) On or before the 10th of each month, the director ofaccounts and reportsshall transfer from the state general fund to the solid waste management fundinterest earningsbased on:
(1) The averagedaily balance of moneys in the solid waste management fund for the precedingmonth; and
(2) the net earnings rate of thepooled money investment portfolio for the preceding month.
(g) The solid waste management fund shall be used for the purposes set forthin this act and for no other governmental purposes. It is the intent of thelegislature that the fund shall remain intact and inviolate for the purposesset forth in this act, and moneys in the fund shall not be subject to theprovisions of K.S.A. 75-3722, 75-3725a and 75-3726a, and amendments thereto.
(h) The secretary shall prepare and deliver to the legislature on orbefore the first day of each regular legislative session, a report whichsummarizes all expenditures from the solid waste management fund, fund revenuesand recommendations regarding the adequacy of the fund to support necessarysolid waste management programs.
History: L. 1992, ch. 316, § 8;L. 1993, ch. 207, § 11;L. 1995, ch. 221, § 3;L. 1996, ch. 253, § 15;L. 1997, ch. 140, § 9;L. 2000, ch. 96, § 2;L. 2001, ch. 5, § 243; July 1.