65-3458. Burial prohibited; exceptions; procedure.
65-3458
65-3458. Burial prohibited;exceptions; procedure.(a) The underground burial of hazardous waste producedby persons generating quantities of such waste greater than those specifiedin K.S.A. 65-3451 and amendments thereto is prohibited except as provided byorder ofthe secretary of health andenvironment issued pursuant to this act. Such prohibition shall not beconstrued as prohibiting mound landfill, aboveground storage, landtreatment or underground injection of hazardous waste. Any existinghazardous waste facility which utilizes underground burialshallcease such practice and, with the approval of the secretary, shallimplement closure and postclosure plans for all units of the facility inwhich hazardous wasteshave been disposed of underground.
(b) (1) The secretary shall decide whether or not an exception to theprohibition againstunderground burial of hazardous waste shall be granted for a particularhazardous waste. No decision to grant an exception shall be renderedunless it is demonstrated to the secretary that, except for underground burial,no economically reasonable or technologically feasible methodology existsfor the disposal of a particular hazardous waste. The procedures for obtaining anexception to the prohibition against underground burial of hazardous wasteshall include a public hearing conducted inaccordance with the provisions of the Kansasadministrative procedure act and such other procedures as are establishedand prescribed byrules and regulations adopted by the secretary. Such rules and regulationsshall include requirements for the form and contents of a petition desiringan exception.
(2) Within 90 days after submission of a petition desiring an exception,and if the secretarydecides to grant an exception to the prohibition against underground burialof hazardous waste, the secretary of health and environment shall issue anorder so providing. Any action by the secretary pursuant to this sectionis subject to reviewin accordance with the act for judicial review andcivil enforcement of agency actions.
History: L. 1985, ch. 219, § 1;L. 1986, ch. 318, § 107;L. 1988, ch. 356, § 211;L. 2000, ch. 103, § 12; July 1.