65-3431. Duties and functions of secretary; standards; permits; fees.
65-3431
65-3431. Duties and functions of secretary;standards; permits; fees.The secretary is authorized and directed to:
(a) Adopt suchrules and regulations, standards and procedures relative to hazardous wastemanagement as may be necessary to protect the public health andenvironmentand enable the secretary to carry out the purposes and provisions of this act.
(b) Report to the legislature on further assistance needed to administerthe hazardous waste management program.
(c) Administer the hazardous waste management program pursuant to provisionsof this act.
(d) Cooperate with appropriate federal, state, interstate and local unitsof government and with appropriate private organizations in carrying outthe duties under this act.
(e) Develop a statewide hazardous waste management plan.
(f) Provide technical assistance, including the training of personnel,to industry, local units of government and the hazardous waste managementindustry to meet the requirements of this act.
(g) Initiate, conduct and support research, demonstration projectsandinvestigations and coordinate all state agency research programs withapplicablefederal programs pertaining to hazardous waste management.
(h) Establish policies for effective hazardous waste management.
(i) Authorize issuance of such permits and orders, conduct inspectionsand collect samples or require information and copy records or data asmay be necessary to implement the provisions of this act and the rulesand regulations and standards adopted pursuant to this act.
(j) Conduct and contract for research and investigations in the overallarea of hazardous waste storage, collection, transportation, treatment,recovery and disposal including, but not limited to, new and novel procedures.
(k) Adopt rules and regulations establishing criteria for identifyingthe characteristics of hazardous waste and for listing hazardous waste. Thesecretaryshall prepare and keep current a listing of hazardous wastes and set ofcharacteristics based on therules and regulations adopted pursuant to this subsection. The listing shallidentify, but need not be inclusive of, all the hazardouswaste subject tothe provisions of this act. The criteria for identification and listingshall be consistent with the criteria for identification and listing adoptedby the administrator of the United States environmental protection agencyunder the authority vested in the administrator by the Resource Conservationand Recovery Act of 1976 (42 USC 6921) as amended by the Solid Waste DisposalAct of 1980 (P.L. 94-482, October 21, 1980), and as amended by theHazardous and Solid Waste Act of 1984 (P.L. 98-616, November 8, 1984).
(l) Adopt rules and regulations establishing: (1) Appropriate measuresfor monitoring generators, transporters andfacilities during operation, during closure andafter closure of such facilities to insure compliance with the rules andregulations adopted under this act and any permit issued under this act;(2) procedures to suspend operation of such generators, transporters orfacilitiesas may be required to protect the public health and safety or the environment;and (3) appropriate measures to insure that any use of a hazardous wastefacility after closure will not endanger the public health orsafetyor the environment.
(m) Adopt rules and regulations establishing standards for hazardous wastegenerators including, but not limited to, notification of hazardouswaste generation, reporting,recordkeeping, labeling, containerization, source separation, storage,manifests, monitoring, sampling and analysis and mannerof filing notifications, reports and manifests.
(n) Adopt rules and regulations prescribing the form of the manifest andrequiring such manifest to accompany any hazardous waste collected,transported,treated, recovered or disposed of, and prescribing the contents of the manifestwhich shall include, but not be limited to, the quantity and compositionof the hazardous waste,generator, transporter, destination, facility and themanner of signing and filing of themanifest and for the maintenance of records.
(o) Adopt rules and regulations establishing standards for routes usedfor transporting hazardous waste within the state withthe concurrence of the statecorporation commission. Such standards shall beconsistent with those of the United Statesdepartment of transportation and the state corporation commission,with respect to transportation of hazardous materials. Motor vehicles whichare used for the transportation of hazardous waste in accordance with thisact shall be exempt from the requirements of K.S.A. 66-1,108 etseq.,and amendments thereto,and any rules and regulations adopted thereunder pertaining to routeswhich shall be under the jurisdiction of the secretary as providedin this act including any rules and regulations adopted thereunder. Otherwisesuch motor vehicles shall be subject to the requirements of K.S.A. 66-1,108et seq., and amendments thereto, and any rules andregulationsadoptedthereunder.
(p) Adopt rules and regulations establishing standards for transportersof hazardous waste including, but not limited to,notification of hazardous waste transport, manifests, labeling,recordkeeping and the filingof reports.
(q) Adopt rules and regulations establishing standards and proceduresto protect public health and the environment from any releaseof hazardous waste into the environment and to insure the prompt correctionof any such release and damage resulting therefrom by the person transporting,handling or managing such hazardous waste.
(r) Adopt rules and regulations requiring that, for such period of timeas the secretary shall specify, any assignment, sale, conveyance or transferof all or any part of the real property upon which a hazardous wastefacility is or has been located shall be subject tosuch terms and conditions as to the use of such property as the secretaryshall specify to protect human health and the environment.
(s) Adopt rules and regulations establishing a permit system which includesstandards for hazardous wastefacilities and procedures for implementation of a permit system for theconstruction, alteration oroperation of a hazardous waste facilityincluding,but not limited to, content of applications, evidence of financialresponsibility,existing hydrogeological characteristics, environmental assessment, trainingof personnel, maintenance of operations, qualifications of ownership,continuityof operation, public notification and participation and compliance withthose standards established pursuant to subsection (t).
(t) Adopt rules and regulations establishing minimum standards for thedesign, location, construction, alteration, operation, termination,closing and long-term care of hazardous waste facilities,including, but not limitedto,notification of hazardouswaste treatment, storage or disposal, general facility standards,contingency plans, emergency procedures, manifest system, recordkeeping,inspections, monitoring, reporting, closure and postclosure plans andfinancial requirements.The operator of the facility shall be responsible for long-term care ofthe facility for 30 years after closure of the facility except that thesecretary may modify the long-term care requirements for any facility whenall hazardous waste is removed from the facility at closure. The secretarymay extend the long-term care responsibility of any operatorof a facility as the secretary may deem necessary to protect the publichealth and safety or the environment. Any person acquiring rights of possessionor operation of any hazardous waste facility permitted by the secretaryat any time afterthe facility has begun to accept waste and priorto the end of the required period of long-term care shall be subject toall of the requirements, terms and conditions of the permit for the facilityincluding all requirements relating to long-termcare of the facility. The sale or acquisition of a hazardous wastefacility during the long-term care period shall be subject to the assignmentof long-term care responsibilities as determined by the secretary.
(u) Adopt rules and regulations establishing a schedule of annual fees to bepaid to the secretary by: (1) Persons owning oroperating hazardous waste facilities; (2)hazardous waste transporters; or (3) hazardous waste generators producingor bringing into existence hazardous waste in Kansas. The fees shall befor monitoring facilities both during and after operation, for monitoringgenerators of hazardous waste in Kansas and for monitoring the transportationof hazardous wastes. The fees shall be sufficient to reimbursethe cost of the state in performing these monitoring responsibilities.The fee established under this subsection for each hazardous wastefacility shall not exceed $50,000 annually. In settingfees, the secretarymay exempt those fees which would be payable by generators for hazardouswaste which is treated to recoversubstantial amounts of either energy or materials from hazardous wastes.The secretaryshall remit any moneys collected from such fees to thestate treasurer in accordance with the provisions of K.S.A. 75-4215, andamendments thereto.Upon receipt of each such remittance, the state treasurershall depositthe entire amount in the state treasury to the credit of thehazardous waste management fund created by K.S.A. 65-3491,andamendments thereto.
(v) (1) Adopt rules and regulations establishing a scheduleof feesto be paid to the secretary by applicants for permits to construct, modifyor operate a hazardous waste facility. The fees established under thissubsection shall not exceed $175,000 for each application submitted. Thesefees shall be based upon resources required to review the application, thetype of facility, quantity of waste processed, type of waste processed,degree of hazard and potential impact upon human health and environment.
(2) The secretary shall remit any money collectedpursuant to thissubsection to the state treasurer in accordance with the provisions ofK.S.A. 75-4215, and amendments thereto. Upon receipt ofeach suchremittance, thestate treasurer shall deposit the entire amount in the statetreasuryto the credit of the hazardous waste managementfund created by K.S.A. 65-3491, and amendments thereto.
(w) (1) Adopt rules and regulations establishing aschedule of feesto be paid to the secretary by off-site hazardous waste facilities at whichhazardous waste is treated and off-sitehazardous waste facilities at which hazardous waste is disposed and willremain after closure. In establishing fees, the secretary shall giveconsideration to the degree of hazard, energy content, quantity of waste,costs oftreatment or disposal and estimated future receipts. Fees shall be inanamount not to exceed $.01 per pound of hazardous waste treated,or burned for energy or materialrecovery. In no eventshall the fees established under this subsectionexceed the following annual calendar year caps: $60,000 for a facility whichburns hazardous waste for energy or material recovery only; $200,000 for afacility which burns hazardous waste for treatment or disposal only.Facilities which burn hazardous waste for: (A) Energy ormaterial recovery;and (B) treatment or disposal shall be subject to a totalfacility cap of$200,000, which includes a separate cap of $60,000 for hazardous wastes whichare burned for energy or material recovery. The secretary shall establish adifferential fee schedule for hazardous wastes based upon waste characteristicswhich is consistently applied to all facilities which burn hazardous wastes.In all other cases, fees shall bein anamount not to exceed $.05 per pound of hazardous waste disposed.
(2) The secretary shall remit any money collectedpursuant to thissubsection to the state treasurer in accordance with the provisions ofK.S.A. 75-4215, and amendments thereto.Upon receipt of each such remittance, the state treasurershall deposit theentire amount in the state treasury to the credit of thehazardous waste management fund createdby K.S.A. 65-3491, and amendments thereto, except that 25% ofanysuchdeposit shall be deposited to the credit of the hazardous waste collectionfund created by K.S.A. 65-3460, and amendments thereto.
(x) Encourage, coordinate or participate in one or morewasteexchangeclearing houses for the purpose of promoting reuse and recycling of industrialwastes.
(y) Adopt rules and regulations establishing the criteriatospecify whena change of principal owners or management of a hazardouswaste facility occurs and under whatcircumstancesand procedures a new permit shall be required to be issued to the transfereesof a facility which was permitted to the transferor.
(z) Adopt rules and regulations concerning the generation,transportation, storage, blending, marketing, burning and types of hazardouswastefor which any method, technique or process to recover energy will beconsidered hazardous waste treatment. Such rules and regulations shouldspecify a minimum heat value of the waste so as to ensure that a legitimateenergy recovery will occur and should consider other characteristics of thewaste which are appropriate to ensure that such method, technique or processfor energy recovery will not pose a threat to the public health orenvironment.
History: L. 1981, ch. 251, § 2;L. 1983, ch. 286, § 5;L. 1984, ch. 240, § 2;L. 1985, ch. 218, § 2;L. 1986, ch. 240, § 1;L. 1987, ch. 295, § 6;L. 1989, ch. 48, § 87;L. 1991, ch. 198, § 1;L. 1992, ch. 272, § 7;L. 1993, ch. 274, § 5;L. 1996, ch. 253, § 16;L. 1996, ch. 253, § 17;L. 1999, ch. 44, § 1;L. 2000, ch. 103, § 7;L. 2001, ch. 5, § 248; July 1.