65-3424g. Waste tire management fund.
65-3424g
65-3424g. Waste tiremanagement fund.(a) There is hereby established in the state treasury the waste tiremanagement fund.
(b) Money from the following sources shall be credited to the waste tiremanagement fund:
(1) Revenue collected from the excise tax by K.S.A. 65-3424d, andamendments thereto;
(2) permit application and renewal fees provided for by K.S.A.65-3424b, andamendments thereto;
(3) interest provided for by subsection (f);
(4) additional sources of funding such as reimbursements and appropriationsintended to be used for the purposes of the fund;
(5) any recoveries from abatement and enforcement actions provided forby K.S.A. 65-3424k, and amendments thereto; and
(6) any other moneys provided by law.
(c) Moneys in the waste tire management fund shall be used only for thepurpose of:
(1) Paying compensation and other expenses of employing personnel to carryout the duties of the secretary pursuant to K.S.A. 65-3424 through 65-3424h,and amendments thereto, but not more than $250,000;
(2) action by the department to implement interim measures to minimizenuisances or risks to public health or the environment that are or could becreated by waste tire accumulations, until the responsible party can fullyabate the site or until a state clean-up occurs pursuant to K.S.A. 65-3424k,and amendments thereto;
(3) action by the department to pay for the removal and disposal oron-sitestabilization of waste tires which have been illegally accumulatedor illegally managed, when the responsible party is unknown or unwillingor unableto perform the necessary corrective action;
(4) the costs of using contractors to provide: (A) Publiceducation regarding proper management of waste tires; (B) technical training ofpersons on the requirements of solid waste laws and rules and regulationsrelating to waste tires; and (C) services described in subsection (i) of K.S.A.65-3424k, and amendments thereto;
(5) grants to public or private entities for up to 50% ofthe costto start-up or enhance projects to recycle waste tires or recover energythrough waste tire combustion; and
(6) grants to local units of government and any public or private schoolfor grades kindergarten through twelveto pay up to 50% of the costs topurchase tire derived products made from recycledwaste tires.As used in this section, "tire derived products" means athletic fieldsurfacing, playground cover, horticulture products and molded or extrudedrubber products made from recycled waste tires.
(d) All grantapplications received for waste tire recycling grants shall be reviewed by thesolid waste grants advisory committee established pursuant to K.S.A. 65-3426,and amendments thereto. Waste tire recycling grants shall be subject to therequirements set forth in subsection (g) of K.S.A. 65-3415, and amendmentsthereto, related tothe misuse of grant funds with the exception that any grant funds recovered bythe secretary shall be deposited to the waste tire management fund. Waste tiremanagement funds shall be used only for waste tire recycling grants. Waste tiregrants shall not be awarded, nor shall waste tire funds be disbursed to a grantrecipient, if the department determines that the grant applicant or recipientis operating in substantial violation of applicable environmental laws orregulations administered by the department.
(e) All expenditures from the waste tire management fundshall be made inaccordance with appropriations acts upon warrants of the director of accountsand reports issued pursuant to vouchers approved by the secretary.
(f) On or before the 10th of each month, the director ofaccounts and reportsshall transfer from the state general fund to the waste tire management fundinterest earnings based on: (1) The average daily balance of moneys in thewaste tire management fund for the preceding month; and (2) the net earningsrate for the pooled money investment portfolio for the preceding month.
History: L. 1990, ch. 319, § 8;L. 1991, ch. 197, § 7;L. 1994, ch. 283, § 7;L. 1996, ch. 253, § 38;L. 2000, ch. 103, § 4;L. 2001, ch. 126, § 5;L. 2003, ch. 130, § 19;L. 2007, ch. 118, § 1;L. 2009, ch. 117, § 2; July 1.