65-3415b. Solid waste tonnage fees.
65-3415b
65-3415b. Solid waste tonnage fees.(a) There is hereby imposed a state solid waste tonnage fee of $1.00 foreach ton or equivalent volume of solid waste disposed of at any solid wastedisposal area in this state other than solid waste enumerated in subsection(c) or solid waste disposal authorized by the secretary pursuant to subsection(a) of K.S.A. 65-3407c, and amendments thereto.
(b) There is hereby imposed a state solid waste tonnage fee of $1.00 foreach ton or equivalent volume of solid waste transferred out of Kansasthrough a transfer station,other than waste enumerated in subsection (c).
(c) The fees imposed by this section shall not apply to:
(1) Any waste tire, as defined by K.S.A. 65-3424, andamendments thereto, disposed in or at a permitted solid waste disposal area;
(2) sludges from public drinking watersupply treatment plants, when disposed of at a monofillpermitted by the secretary;
(3) clean rubble;
(4) solid waste solely consisting of vegetation from land clearing andgrubbing, utility maintenance and seasonal or storm-related cleanup but suchexception shall not apply to yard waste;
(5) construction and demolition waste disposed of by thefederal government, by the state ofKansas, or by any city, county or other unit of local government in the stateof Kansas, or by any person on behalf thereof; and
(6) industrial waste disposed of at a solid waste disposal area which ispermitted by the secretary, and is ownedor operated by or for the industrial facility generating the wasteand which is used only for industrial waste generated by suchindustrial facility.
(d) The operator of a solid waste disposal area or transfer stationshall pay the fee imposed by this section.
(e) The secretary of health and environment shall administer,enforce and collect the fee imposed by this section.The secretary shall have the authority to waive such fee when largequantities of waste are generated due to major natural disasters such asfloods, tornados and fires unless persons paying such fees are able to recoversuch fees from the federal government. Except as otherwise provided bysubsections (a) and (b), all laws and rules and regulations of the secretary ofrevenue relating to the administration, enforcement and collection of theretailers' sales tax shall apply to such fee insofar as they can be madeapplicable. The secretary of health and environment shall adopt any other rulesand regulations as necessary for the efficient and effectiveadministration, enforcement and collection thereof.
(f) The secretary of health and environment shall remitall moneys collected from fees imposed pursuant to subsections (a) and (b) tothe state treasurer in accordance with the provisions of K.S.A. 75-4215, andamendments thereto. Upon receipt of each such remittance, the state treasurershall deposit the entire amount in the state treasury to the credit of thesolid waste management fund created by K.S.A. 65-3415a, and amendments thereto.
History: L. 1992, ch. 316, § 9;L. 1993, ch. 274, § 3;L. 1995, ch. 221, § 5;L. 1997, ch. 140, § 10;L. 2000, ch. 96, § 3;L. 2001, ch. 5, § 244;L. 2002, ch. 101, § 2;L. 2006, ch. 53, § 3; April 6.