65-3424b. Permits and standards.
65-3424b
65-3424b. Permits and standards.(a) The secretary shall establish a system of permits for mobile waste tireprocessors, waste tire processing facilities, waste tiretransporters and waste tire collectioncenters. Such permits shall be issued for a period of one year and shallrequire an application fee established by the secretary in an amount notexceeding $250 per year.
(b) The secretary shall adopt rules and regulations establishing standardsfor mobile waste tire processors, waste tire processing facilities, waste tirecollection centers and waste tiretransporters. Such standards shall include a requirement that the permitteefile with the secretary a bond or other financial assurance in an amountdetermined by the secretary to be sufficient to pay any costs which may beincurred by the state to process any waste tires or dispose of any waste tiresor processed waste tires if the permittee ceases business or fails to complywith this act.
(c) Any person who contracts or arranges with another person to collect ortransport waste tires for storage, processing or disposal shall so contract orarrange only with a person holding a permit from the secretary. Any personcontracting or arranging with a person, permitted by the secretary, to collector transport waste tires for storage, processing or, disposal, transfersownership of those waste tires to the permitted person and the personcontracting or arranging with the person holding such permit to collect ortransport such tires shall be released from liability therefor. Any personcontracting or arranging with any person,for the collection, transportation, storage, processing,disposal or beneficial use of such tires shall maintain a record of suchtransaction for a period of not less than threeyears following the date of the transfer of such tires. Record-keepingrequirements for beneficial use shall not apply when tire retailers allowcustomers to retain their old tires at the time of sale.
(d) The owner or operator of each site that contains a waste tire, usedtire or new tire accumulation of any size must control mosquito breeding andother disease vectors.
(e) No person shall own or operate a waste tire processing facility orwaste tirecollection center or act as a mobile waste tire processor or waste tiretransporter unless such person holds a valid permit issued therefor pursuant tosubsection (a), exceptthat:
(1) A tire retreading business where fewer than 1,500waste tires are kept on the business premises may operate a waste tirecollection center on the premises;
(2) a business that, in the ordinary course of business, removes tiresfrom motor vehicles where fewer than 1,500 of these tires arekept on the business premises may operate a waste tire collection center ora waste tire processing facility or both on the premises;
(3) a retail tire-selling business where fewer than 1,500 waste tiresare kept onthe business premises may operate a waste tire collection center or a wastetire processing facility or both on the premises;
(4) the department of wildlife and parks may perform one or more of thefollowing to facilitate a beneficial use of waste tires: (A) Operate a wastetire collection center on the premises of any state park, state wildlife area,or state fishing lake; (B) operate a waste tire processing facility on thepremises of any state park, state wildlife area, or state fishing lake; or (C)act as a waste tire transporter to transport waste tires to any state park,state wildlife area, or state fishing lake;
(5) a person engaged in a farming or ranching activity, including theoperation of a feedlot as defined by K.S.A. 47-1501, and amendmentsthereto, may performone or more of the following to facilitate a beneficial use of waste tires: (A)Operate an on-site waste tire collection center; (B) operate an on-site wastetire processing facility; or (C) act as a waste tire transporter to transportwaste tires to the farm, ranch or the feedlot;
(6) a watershed district may perform one or more of the following tofacilitate a beneficial use of waste tires: (A) Operate a waste tire collectioncenter on the premises of a watersheddistrict project or work of improvement; (B) operate a waste tire processingfacility on the district's property; or (C) act as a waste tire transporter totransport waste tires to the district's property;
(7) a person may operate a waste tire collection center if: (A) Fewer than1,500used tires are kept onthe premises; or (B) 1,500 or more used tires are kept on the premises, ifthe owner demonstrates through sales and inventory records that such tires havevalue, as established in accordance with standards adopted by rules andregulations of the secretary;
(8) local units of government managingwaste tires at solid waste processing facilities or solidwaste disposal areas permitted by the secretary under the authorityof K.S.A. 65-3407, and amendments thereto may perform one or more of thefollowing in accordance with the conditions of the solid waste permit: (A)Operate a waste tire collection center on the premises of the permittedfacility; (B) operate a waste tire processing facility on the premises of thepermitted facility; (C) act as a waste tire transporter to transport wastetires to the permitted facility; or (D) act as a mobile waste tireprocessor;
(9) a person may act as a waste tire transporter totransport: (A) Waste tires mixed with other municipal solidwaste; (B) fewer than five waste tires for lawful disposal; (C) waste tiresgenerated by the business, farming activities of the person or the person'semployer; (D) waste tires for a beneficial use approved by statute, rulesand regulations, or by the secretary[;] (E) waste tiresfrom an illegal waste tire accumulation to a person who has been issued apermit by the secretary pursuant to K.S.A. 65-3407 or 65-3424b, and amendmentsthereto, provided approval has been obtainedfrom the secretary; or (F) five to 50 waste tires for lawful disposal, providedthe transportation act is a one time occurrence to abate a legal accumulationof waste tires; or
(10) a tire retailer that in theordinary course of business also serves as a tire wholesaler to other tireretailers may act as a waste tire transporter to transport waste tires fromthose retailers back to a central location owned or operated by the wholesalerfor consolidation and final disposal or recycling.
(f) All fees collected by the secretary pursuant to this section shall beremitted to the state treasurer in accordance with the provisions of K.S.A.75-4215, and amendments thereto. Upon receipt of each such remittance, thestate treasurer shall deposit the entire amount in the state treasury to thecredit of the waste tire management fund.
History: L. 1990, ch. 319, § 3;L. 1991, ch. 197, § 3;L. 1996, ch. 173, § 3;L. 2001, ch. 5, § 245;L. 2001, ch. 167, § 3;L. 2003, ch. 130, § 18; July 1.