reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 65 - Public Health › Article 32 - Anatomical Gifts And Organ Transplantation › 65-3241 Cooperation between coroner and procurement organization.

65-3241.
Cooperation between coroner and procurement organization.
(a) A coroner shall cooperate with procurement organizations to maximize the opportunity to recover anatomical gifts for the purpose of transplantation, therapy, research, or education.
(b) If a coroner receives notice from a procurement organization that an anatomical gift might be available or was made with respect to a decedent whose body is under the jurisdiction of the coroner and a post-mortem examination is going to be performed, unless the coroner denies recovery in accordance with K.S.A. 65-3242, and amendments thereto, the coroner or designee shall conduct a post-mortem examination of the body or the part in a manner and within a period compatible with its preservation for the purposes of the gift.
(c) A part may not be removed from the body of a decedent under the jurisdiction of a coroner for transplantation, therapy, research, or education unless the part is the subject of an anatomical gift. The body of a decedent under the jurisdiction of the coroner may not be delivered to a person for research or education unless the body is the subject of an anatomical gift. This subsection does not preclude a coroner from performing the medicolegal investigation upon the body or parts of a decedent under the jurisdiction of the coroner.
History:
L. 2007, ch. 127, § 21; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 32 - Anatomical Gifts And Organ Transplantation › 65-3243 Uniformity of application and construction.

65-3243.
Uniformity of application and construction.
In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
History:
L. 2007, ch. 127, § 23; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 32 - Anatomical Gifts And Organ Transplantation › 65-3244 Relation to electronic signatures in global and national commerce act.

65-3244.
Relation to electronic signatures in global and national commerce act.
This act modifies, limits and supersedes the electronic signatures in global and national commerce act, 15 U.S.C. section 7001 et seq., but does not modify, limit or supersede section 101(a) of that act, 15 U.S.C. section 7001, or authorize electronic delivery of any of the notices described in section 103(b) of that act, 15 U.S.C. section 7003(b).
History:
L. 2007, ch. 127, § 24; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 33 - Water Pollution Control › 65-3301 Statement of purpose.

65-3301.
Statement of purpose.
Because the pollution of waters constitutes a menace to public health, creates public nuisances, is harmful to wildlife, fish and aquatic life, and impairs domestic, agricultural, industrial, recreational and other legitimate beneficial uses of water; and since federal legislation provides incentives for state financial participation in the construction of public water pollution control facilities by increasing the portion of federal aid contributed when the state also participates; the legislature hereby determines that it is essential for the public health, safety and welfare of the state and the residents thereof and advantageous to state and local government taxpayers to undertake a program to financially assist the construction of public facilities to abate and prevent the pollution of water, such program to be undertaken as a cooperative partnership with municipalities and with the United States government and agencies thereof.
History: L. 1970, ch. 263, § 1; March 21.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 33 - Water Pollution Control › 65-3302 State water pollution control account; municipality defined.

65-3302.
State water pollution control account; municipality defined.
An account to be known as the state water pollution control account is hereby created in the state treasury to provide financial assistance to municipalities of this state in the construction of those portions of water pollution control projects which qualify for federal aid and assistance under the provisions of public law 660 of the 84th congress, known as the federal water pollution control act, as amended, including the clean water restoration act of 1966. (P.L. 89-753). For the purposes of this act, municipalities shall include any county, city, sewer district or other public agency or any combination thereof.
History: L. 1970, ch. 263, § 2; March 21.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 33 - Water Pollution Control › 65-3303 Grants-in-aid to municipalities; state participation limited.

65-3303.
Grants-in-aid to municipalities; state participation limited.
The secretary of health and environment, hereafter referred to as the "secretary" is hereby authorized and empowered, pursuant to the provisions of this act, to order and make approved grants from such account to municipalities. The state's contribution towards the construction of water pollution control projects shall not exceed twenty-five percent (25%) of the eligible cost of each project or portions of such projects as qualify under the provisions of the aforesaid federal act.
History: L. 1970, ch. 263, § 3; L. 1974, ch. 352, § 152; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 33 - Water Pollution Control › 65-3304 Same; administration and allocation.

65-3304.
Same; administration and allocation.
The secretary shall allocate and administer grants to municipalities from such account in the same manner as federal funds for water pollution control projects are allocated and only those projects eligible for federal financial assistance shall be eligible for state financial assistance. The determination of the relative need and the priority of projects shall be consistent with the provisions of public law 660 of the 84th congress, as amended [*].
History: L. 1970, ch. 263, § 4; L. 1974, ch. 352, § 153; July 1.
* For present act concerning water pollution control, see 33 U.S.C. § 1251 et seq.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 33 - Water Pollution Control › 65-3305 Water pollution control; rules and regulations.

65-3305.
Water pollution control; rules and regulations.
The secretary is hereby empowered to adopt such rules and regulations and to establish such procedures as may be necessary for the effective administration of this act.
History: L. 1970, ch. 263, § 5; L. 1974, ch. 352, § 154; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 33 - Water Pollution Control › 65-3306 Same; state appropriation to account; encumbering moneys in account; contributions by municipality; exception to requirements of ad valorem tax reduction fund; exception to requirements of aggregate levy limitation.

65-3306.
Same; state appropriation to account; encumbering moneys in account; contributions by municipality; exception to requirements of ad valorem tax reduction fund; exception to requirements of aggregate levy limitation.
The secretary's annual request for appropriations to the water pollution control account shall be based on an estimate of the fiscal needs for the ensuing budget year, less any amounts received by the secretary from any public or private grants or contributions and moneys in such account shall be used solely for the purposes provided for by this act. Moneys allocated to a municipality shall be encumbered as an expenditure of this account upon the formal letting of a contract for the improvement notwithstanding the date on which actual payment is made of the state financial assistance. Any municipality may contribute moneys to the state water pollution control account. If there are no uncommitted or unencumbered moneys in the water pollution control account, any municipality applying for any water pollution control project as defined in K.S.A. 65-3302 shall as a condition of such application certify in writing to the secretary that a contribution in the amount of twenty-five percent (25%) of the eligible cost of such project will be made to the water pollution control account by such municipality prior to formal letting of a construction contract. Upon receipt by the secretary, each such contribution shall be retained in a subaccount of the water pollution control account for use solely in the project for which the municipality has made application.
Notwithstanding the provisions of K.S.A. 79-2960 and 79-2961, any municipality applying for such a water pollution control project may make such contribution from all or such part of its share of the local ad valorem tax reduction fund as may be necessary for such purpose, and to the extent such fund is pledged and used for such purpose the municipality shall not be required to make the tax levy reductions otherwise required by K.S.A. 79-2960 and 79-2961. Taxes levied by any municipality by reason of its failure to make such reduction in its levies shall not be subject to or be considered in computing the aggregate limitation upon the levy of taxes by such municipality under the provisions of K.S.A. 79-5003.
History:
L. 1970, ch. 263, § 6; L. 1971, ch. 216, § 1; L. 1974, ch. 352, § 155; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 33 - Water Pollution Control › 65-3308 Countywide wastewater management plans; rules and regulations of secretary.

65-3308.
Countywide wastewater management plans; rules and regulations of secretary.
The secretary of health and environment shall promulgate rules and regulations, guidelines, standards and procedures for the development of countywide wastewater management plans, and any other rules and regulations necessary for effective implementation of this act.
History:
L. 1979, ch. 270, § 1; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 33 - Water Pollution Control › 65-3310 Same; duties and functions of secretary.

65-3310.
Same; duties and functions of secretary.
The secretary of health and environment is authorized and directed to:
(a) Adopt rules and regulations, standards and procedures to be used by counties in the development and the periodic updating of wastewater management plans, and to enable the secretary to carry out the purposes and provisions of this act;
(b) receive and disburse any federal funds received for development and implementation of countywide wastewater management plans;
(c) administer the wastewater management program and enforce the provisions of each county wastewater management plan adopted pursuant to the provisions of this act;
(d) provide technical assistance to counties, including the training of personnel;
(e) institute, conduct and support research, demonstration projects and investigations and coordinate all state agency research programs with applicable federal programs pertaining to wastewater management; and
(f) conduct and contract for researchers and investigations in the area of wastewater management of point source pollution.
History:
L. 1979, ch. 270, § 3; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 33 - Water Pollution Control › 65-3311 Same; recommendations by planning committee to governmental units regarding implementation of plan.

65-3311.
Same; recommendations by planning committee to governmental units regarding implementation of plan.
In carrying out its duties with regard to the implementation of a countywide wastewater management plan, any county planning committee may recommend such reasonable ordinances, rules, regulations and standards for industrial siting, onsite residential wastewater treatment facilities (including septic tanks) and water delivery and wastewater systems in newly developing areas within the county to the county commissioners or municipal government authorized to enact such ordinances, rules and regulations, which governmental unit is hereby authorized to enact and enforce. The rules and regulations and standards shall be in conformity with the rules and regulations and standards adopted by the secretary for wastewater management of point source pollution.
History:
L. 1979, ch. 270, § 4; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 33 - Water Pollution Control › 65-3312 Same; judicial review of secretary's actions.

65-3312.
Same; judicial review of secretary's actions.
Any action of the secretary of health and environment pursuant to this act is subject to review in accordance with the Kansas judicial review act.
History:
L. 1979, ch. 270, § 5; L. 1986, ch. 318, § 96; L. 2010, ch. 17, § 143; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 33 - Water Pollution Control › 65-3313 Same; applicability of act, when.

65-3313.
Same; applicability of act, when.
No provision of this act shall be deemed mandatory until seventy-five percent (75%) or more of the moneys necessary to implement such provisions are certified by the secretary of health and environment to be available from the federal government. The remaining costs of implementation of such provisions shall be shared equally by the state and county.
History:
L. 1979, ch. 270, § 6; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 33 - Water Pollution Control › 65-3321 Definitions.

65-3321.
Definitions.
As used in K.S.A. 65-3321 through 65-3329:
(a) "Fund" means the Kansas water pollution control revolving fund established by K.S.A. 65-3322 of this act.
(b) "Municipality" means any city, county, township, sewer district, improvement district, or other political subdivision of the state, or any combination thereof, which is authorized by law to construct, operate, and maintain wastewater treatment works.
(c) "Wastewater treatment works" means any treatment works, as defined in the federal act, which is publicly owned.
(d) "Project" means the acquisition, construction, improvement, repair, rehabilitation, or extension of a wastewater treatment works.
(e) "Project costs" means all costs or expenses which are necessary or incident to a project and which are directly attributable thereto.
(f) "Federal act" means the federal clean water act as amended by the federal water quality act of 1987.
(g) "Administrator" means the administrator of the United States environmental protection agency.
(h) "Secretary" means the secretary of health and environment.
History:
L. 1988, ch. 320, § 1; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 33 - Water Pollution Control › 65-3323 Powers and duties of secretary of health and environment.

65-3323.
Powers and duties of secretary of health and environment.
The secretary shall administer the provisions of K.S.A. 65-3321 through 65-3329, shall be responsible for administration and management of the fund, and is hereby authorized to:
(a) Enter into agreements with the administrator, which agreements shall include but not be limited to the specific requirements of the federal act;
(b) establish jointly with the administrator a schedule of payments under which the administrator will pay to the state the amounts made available under the federal act;
(c) accept amounts paid to the state in accordance with the schedule of payments and cause such amounts to be deposited in the state treasury and credited to the fund;
(d) enter into binding commitments for the provision of loans in accordance with the requirements of the federal act and the provisions of K.S.A. 65-3321 through 65-3329;
(e) review applications of municipalities for loans and select the projects for which loans will be made available each year;
(f) provide the administrator, the governor and the legislature with the annual report prepared in accordance with K.S.A. 65-3328 and with copies of the audit required under K.S.A. 65-3322; and
(g) adopt rules and regulations necessary for effectuation of the provisions of K.S.A. 65-3321 through 65-3329.
History:
L. 1988, ch. 320, § 3; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 33 - Water Pollution Control › 65-3324 Project priority list; development; loans available to municipalities having population of 5,000 or less.

65-3324.
Project priority list; development; loans available to municipalities having population of 5,000 or less.
(a) The secretary shall develop a priority system for projects, establish ranking criteria therefor, review applications of municipalities for loans, and prepare an annual project priority list. The project priority list shall be in conformance with applicable provisions of the federal act and shall include a description of each project, the purpose, cost and construction schedule therefor, and the municipality to be served or benefited thereby. After preparation of the project priority list, the secretary shall select from such list the projects for which loans will be made available.
(b) In performing the functions and duties required by subsection (a), the secretary shall ensure that a fair proportion, at least but not limited to 10%, of the total dollar amount of loans to be made available to municipalities from the fund in each year will be made available for projects of municipalities having a population of 5,000 or less. In the event the municipalities to which this subsection applies are unable to utilize the total amount made available under this subsection, the secretary is authorized to make the unused amount available for projects of other municipalities on the project priority list.
History:
L. 1988, ch. 320, § 4; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 33 - Water Pollution Control › 65-3325 Intended use plan; preparation.

65-3325.
Intended use plan; preparation.
After providing for public comment and review each year, the secretary shall prepare a plan identifying the intended uses of the moneys available in the fund. The intended use plan shall include, but not be limited to:
(a) The project priority list;
(b) a list of activities, if any, for which the fund is authorized to be used under subsection (b)(3) of K.S.A. 65-3322;
(c) a description of the short- and long-term goals and objectives of the fund;
(d) information on the projects and activities to be supported, including a description thereof, terms of loans to be provided, and municipalities to be served or benefited;
(e) assurances and specific proposals for meeting the requirements of the federal act; and
(f) the criteria and method established for the provision of loans to be made from the fund.
History:
L. 1988, ch. 320, § 5; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 33 - Water Pollution Control › 65-3326 Application for Kansas water pollution control revolving fund loans; form; agreements with municipality; contents; repayment; effect of failure of municipality to enter into agreement; technical advice and assistance to municipalities for projects or loan applications.

65-3326. Application for Kansas water pollution control revolving fund loans; form; agreements with municipality; contents; repayment; effect of failure of municipality to enter into agreement; technical advice and assistance to municipalities for projects or loan applications.
(a) Municipalities that desire the provision of a loan under K.S.A. 65-3321 through 65-3329, and amendments thereto, shall submit an application therefor to the secretary. Applications shall be in such form and shall include such information as the secretary shall require and shall be submitted in a manner and at a time to be determined by the secretary.
(b) The secretary may enter into agreements with any municipality for the provision of a loan thereto for payment of all or a part of project costs and any municipality may enter into such an agreement and may accept such loan when so authorized by its governing body. The purposes of the loan to be provided, the amount thereof, the interest rate thereon, and the repayment terms and conditions thereof, all of which may vary among municipalities, shall be included in the agreements. Loans shall be provided at or below market interest rates and may be provided interest free. All such agreements shall require that municipalities establish a dedicated source of revenue for repayment of the loans as provided in K.S.A. 65-3327, and amendments thereto. Such agreements shall further provide that repayment of any loan received shall begin not later than one year after completion of the project. For agreements entered into on or before June 30, 2023, such loan shall be repaid in full not later than 20 years thereafter. On and after July 1, 2023, agreements for loans shall provide that such loans shall be repaid in full not later than 30 years thereafter.
(c) In the event any municipality to which a loan is made available under K.S.A. 65-3321 through 65-3329, and amendments thereto, fails to enter into an agreement with the secretary for the provision of such loan in accordance with the requirements of such statutes, the secretary is authorized to make the amount of the loan available for one or more other projects on the project priority list.
(d) The secretary shall provide any municipality, upon request, with technical advice and assistance regarding a project or an application for a loan for the payment of all or a part of project costs.
History:
L. 1988, ch. 320, § 6; L. 2023, ch. 14, § 2; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 33 - Water Pollution Control › 65-3327 Repayment of loans; dedicated revenue sources; user charges; failure of municipality to meet repayment terms; project accounts; repayment from federal grants; loan not part of bonded indebtedness.

65-3327.
Repayment of loans; dedicated revenue sources; user charges; failure of municipality to meet repayment terms; project accounts; repayment from federal grants; loan not part of bonded indebtedness.
(a) The dedicated source of revenue for repayment of the loans may include service charges, connection fees, special assessments, property taxes, grants or any other source of revenue lawfully available to the municipality for such purpose. In order to ensure repayment by municipalities of the amounts of loans provided under K.S.A. 65-3321 through 65-3329, and amendments thereto, the secretary, after consultation with the governing body of any municipality which receives a loan, may adopt charges to be levied against users of the project. Any such charges shall remain in effect until the total amount of the loan, and any interest thereon, has been repaid. The charges shall, insofar as is practicable, be equitably assessed and may be in the form of a surcharge to the existing charges of the municipality. The governing body of any municipality which receives a loan under K.S.A. 65-3321 through 65-3329, and amendments thereto, shall collect any charges established by the secretary and shall pay the moneys collected therefrom to the secretary in accordance with procedures established by the secretary.
(b) Upon the failure of a municipality to meet the repayment terms and conditions of the agreement, the secretary may order the treasurer of the county in which the municipality is located to pay to the secretary such portion of the municipality's share of the local ad valorem tax reduction fund as may be necessary to meet the terms of the agreement, notwithstanding the provisions of K.S.A. 79-2960 and 79-2961 and amendments thereto. Upon the issuance of such an order, the municipality shall not be required to make the tax levy reductions otherwise required by K.S.A. 79-2960 and 79-2961 and amendments thereto.
(c) Municipalities which are provided with loans under K.S.A. 65-3321 through 65-3329, and amendments thereto, shall maintain project accounts in accordance with generally accepted government accounting standards.
(d) Municipalities which receive a grant and an allowance under the federal act with respect to project costs for which a loan was provided under K.S.A. 65-3321 through 65-3329, and amendments thereto, shall promptly repay such loan to the extent of the allowance received under the federal act.
(e) Any loans received by a municipality under the provisions of K.S.A. 65-3321 through 65-3329, and amendments thereto, shall be construed to be bonds for the purposes of K.S.A. 10-1116 and 79-5028, and amendments thereto, and the amount of such loans shall not be included within any limitation on the bonded indebtedness of the municipality.
History: L. 1988, ch. 320, § 7; L. 1990, ch. 66, § 43; L. 1991, ch. 195, § 1; April 18.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 33 - Water Pollution Control › 65-3328 Annual report.

65-3328.
Annual report.
The secretary shall prepare an annual report describing how the state has met the goals and objectives for the previous year as identified in the intended use plan prepared pursuant to K.S.A. 65-3325. The secretary shall submit the annual report to the administrator, the governor, and the legislature.
History:
L. 1988, ch. 320, § 8; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 33 - Water Pollution Control › 65-3329 Activities of department of health and environment under act and issuance of bonds by Kansas development finance authority under act approved for purposes of K.S.A. 74-8905.

65-3329.
Activities of department of health and environment under act and issuance of bonds by Kansas development finance authority under act approved for purposes of K.S.A. 74-8905.
The activities of the department of health and environment in administering and performing the powers, duties and functions prescribed by the provisions of K.S.A. 65-3321 through 65-3329 and providing for the payment of the matching grant requirements under the federal act from the proceeds of revenue bonds issued for such purpose by the Kansas development finance authority are hereby approved for the purposes of subsection (b) of K.S.A. 74-8905 and amendments thereto and the authorization of the issuance of such bonds by the Kansas development finance authority in accordance with that statute. The provisions of subsection (a) of K.S.A. 74-8905 and amendments thereto shall not prohibit the issuance of bonds for such purposes when so authorized and any such issuance of bonds is exempt from the provisions of subsection (a) of K.S.A. 74-8905 and amendments thereto.
History:
L. 1988, ch. 320, § 9; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 34 - Solid And Hazardous Waste › 65-3401 Statement of policy.

65-3401.
Statement of policy.
It is hereby declared that protection of the health and welfare of the citizens of Kansas requires the safe and sanitary disposal of solid wastes. The legislature finds that the lack of adequate state regulations and control of solid waste and solid waste management systems has resulted in undesirable and inadequate solid waste management practices that are detrimental to the health of the citizens of the state; degrade the quality of the environment; and cause economic loss. For these reasons it is the policy of the state to:
(a) Establish and maintain a cooperative state and local program of planning and technical and financial assistance for comprehensive solid waste management.
(b) Utilize the capabilities of private enterprise as well as the services of public agencies to accomplish the desired objectives of an effective solid waste management program.
(c) Require a permit for the operation of solid waste processing and disposal systems.
(d) Achieve and maintain status for the Kansas department of health and environment as an approved state agency for the purpose of administering federal municipal solid waste management laws and regulations.
(e) Encourage the wise use of resources through development of strategies that reduce, reuse and recycle materials.
History:
L. 1970, ch. 264, § 1; L. 1992, ch. 316, § 1; L. 1997, ch. 140, § 1; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 34 - Solid And Hazardous Waste › 65-3407a Special land use permit for operation of solid waste disposal area void, when.

65-3407a.
Special land use permit for operation of solid waste disposal area void, when.
Any special land use permit, issued by a city before the effective date of this act, to use land for the purpose of operating a solid waste disposal area is hereby declared void if such area is not yet in operation and such land is located within 1/2 mile of a navigable stream used for interstate commerce or within one mile of an intake point for any public surface water supply system.
History:
L. 1991, ch. 196, § 2; May 16.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 34 - Solid And Hazardous Waste › 65-3407b Application of subsection (i)(2) of K.S.A. 65-3407 and 65-3407a.

65-3407b.
Application of subsection (i)(2) of K.S.A. 65-3407 and 65-3407a.
The provisions of subsection (i)(2) of K.S.A. 65-3407 and amendments thereto and K.S.A. 65-3407a shall not apply unless the city or county where the original permitted site was located agrees to reimburse the permittee for all moneys expended to obtain the permits and develop the solid waste disposal area or an amount mutually agreed upon by the parties.
History:
L. 1991, ch. 196, § 3; May 16.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 34 - Solid And Hazardous Waste › 65-3408 Compliance with act by state institutions and agencies; permits; contracts.

65-3408.
Compliance with act by state institutions and agencies; permits; contracts.
All state institutions and agencies shall obtain a permit from the secretary under the provisions of K.S.A. 65-3407 and shall also comply with all other provisions of this act: Provided further, That such institutions and agencies may contract with any person, city, county, other political subdivision or state agency to carry out their responsibilities under the act.
History: L. 1970, ch. 264, § 8; L. 1974, ch. 352, § 161; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 34 - Solid And Hazardous Waste › 65-3410a Cities; counties; solid waste plan restrictions.

65-3410a. Cities; counties; solid waste plan restrictions.
(a) Except as provided by subsection (b), no city or county shall adopt by ordinance, resolution or in a solid waste management plan under K.S.A. 65-3405 or 65-3410, and amendments thereto, restrictions for any solid waste disposal area within its boundaries if such restrictions supersede or impair the local legislation of another city or county being serviced by the same solid waste disposal area or require another city or county to adopt new solid waste management requirements not currently required by statewide rules and regulations.
(b) A city or county may adopt restrictions for a solid waste disposal area under subsection (a) if:
(1) The city or county owns the solid waste disposal area; and
(2) such restrictions apply to the residents of such city or county but not to residents of another city or county being serviced by the same solid waste disposal area.
(c) This section shall be part of and supplemental to the provisions of article 34 of chapter 65 of the Kansas Statutes Annotated, and amendments thereto.
(d) This section shall apply to any solid waste disposal area, including those in operation prior to July 1, 2014.
History:
L. 2013, ch. 129, § 1; L. 2014, ch. 112, § 2; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 34 - Solid And Hazardous Waste › 65-3410b Solid waste report; secretary of health and environment; certain legislative committees.

65-3410b. Solid waste report; secretary of health and environment; certain legislative committees.
(a) On or before January 1, 2014, the secretary of health and environment shall prepare, with review and input from operators of municipal solid waste landfills, haulers of solid waste, business and residential consumers of haulers of solid waste, cities and counties, a report on solid waste management in Kansas for the senate committee on ethics, elections and local government and the house committee on local government. The report shall include, but not be limited to, the following:
(1) A review of statutes, rules and regulations and policies on solid waste management, including, but not limited to, details on yard waste, recycling, generation rates, composting, precipitation, source reduction efforts, population, landfill capacity and gas recovery in landfills; and
(2) recommendations for legislative changes and estimates of the cost of the state of implementing such changes.
(b) This section shall be part of and supplemental to the provisions of article 34 of chapter 65 of the Kansas Statutes Annotated, and amendments thereto.
History:
L. 2013, ch. 129, § 2; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 34 - Solid And Hazardous Waste › 65-3411 Orders to prevent pollution or hazard.

65-3411.
Orders to prevent pollution or hazard.
If the secretary finds that the generation, accumulation, management or discharge of solid waste by any person is, or threatens to cause pollution of the land, air or waters of the state, or is a hazard to property in the area or to public health and safety, the secretary may order the person to alter the generation, accumulation or management of the solid waste or to provide and implement such solid waste management system as will prevent or remove pollution or hazards. The secretary may order any person having a permit issued pursuant to this act and operating a public or commercial solid waste management system, or any part thereof, which the secretary finds suitable to manage the solid waste, to provide and implement a solid waste management system or part thereof to prevent or remove such pollution or hazard. Such order shall specify a fair compensation to the owner or permittee for property taken or used and shall specify the terms and conditions under which the permittee shall provide such solid waste management services. Such order shall specify the length of time, after receipt of the order during which the person or permittee shall provide or implement the solid waste management system or alter the generation accumulation or management of the solid waste.
History:
L. 1970, ch. 264, § 11; L. 1974, ch. 352, § 164; L. 1977, ch. 221, § 5; L. 1981, ch. 251, § 25; L. 1986, ch. 318, § 97; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 34 - Solid And Hazardous Waste › 65-3412 Hearings in accordance with Kansas administrative procedure act; judicial review.

65-3412.
Hearings in accordance with Kansas administrative procedure act; judicial review.
Any person aggrieved by an order or disapproval of the secretary pursuant to K.S.A. 65-3411, and amendments thereto, may, within 15 days of service of the order, request in writing a hearing on the order. Hearings shall be conducted in accordance with the provisions of the Kansas administrative procedure act. Any action of the secretary pursuant to this section is subject to review in accordance with the Kansas judicial review act.
History: L. 1970, ch. 264, § 12; L. 1974, ch. 352, § 165; L. 1986, ch. 318, § 98; L. 1988, ch. 356, § 203; L. 2010, ch. 17, § 144; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 34 - Solid And Hazardous Waste › 65-3413 Designation of local agency to act as agent of secretary.

65-3413.
Designation of local agency to act as agent of secretary.
The secretary may designate county, city-county and multicounty health departments to act as his or her agent in carrying out the provisions of this act under such terms and conditions as he or she shall prescribe.
History:
L. 1970, ch. 264, § 13; L. 1974, ch. 352, § 166; L. 1980, ch. 182, § 28; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 34 - Solid And Hazardous Waste › 65-3414 Enforcement by county or district attorney.

65-3414.
Enforcement by county or district attorney.
The county or district attorney of every county is hereby authorized and directed to file appropriate actions for enforcement of this act. The county or district attorney filing the action shall notify the secretary before filing the action.
History: L. 1970, ch. 264, § 14; L. 1974, ch. 352, § 167; L. 1997, ch. 140, § 7; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 34 - Solid And Hazardous Waste › 65-3415e Fees on disposal at private disposal areas.

65-3415e.
Fees on disposal at private disposal areas.
(a) Except as provided by subsection (b), any county or group of counties operating a solid waste disposal area shall levy a charge on any solid waste, whether generated within or outside such county or counties, that is deposited at any privately owned solid waste disposal area located in such county or counties. The revenue from such charge may be used by the county or group of counties for the development and implementation of its solid waste management plan and the costs of closure and postclosure cleanup of solid waste disposal areas within the county or group of counties.
(b) The board of county commissioners of any county by unanimous vote may determine not to impose the fee provided for by subsection (a).
(c) Any charges imposed by counties under this section shall be in addition to any other fees, charges, franchise payments or taxes imposed for solid waste deposited at a solid waste disposal area. The secretary of health and environment shall make available to counties information as to the amounts paid by the operators of solid waste disposal areas under the provisions of K.S.A. 65-3415b and amendments thereto.
History:
L. 1992, ch. 316, § 12; L. 1997, ch. 140, § 11; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 34 - Solid And Hazardous Waste › 65-3415f Solid waste tonnage fees authorized to be imposed by counties; exceptions; collection and disposition of proceeds.

65-3415f.
Solid waste tonnage fees authorized to be imposed by counties; exceptions; collection and disposition of proceeds.
(a) As used in this section, terms have the meanings provided by K.S.A. 65-3402 and amendments thereto.
(b) In addition to any other fee provided by law, the board of county commissioners of any county may impose, by resolution adopted pursuant to this section, a solid waste tonnage fee for each ton or equivalent volume of solid waste disposed of at any solid waste disposal area operated by such county. Such fees shall not apply to any solid waste exempted from the state solid waste tonnage fee imposed by K.S.A. 65-3415b, and amendments thereto.
(c) Fees imposed pursuant to this section shall be collected by the county and deposited in a special fund in the county treasury. All interest earned on moneys in the fund shall also be deposited in the fund. If there is more than one solid waste disposal area in the county where fees are imposed pursuant to this section, a separate fund for each such disposal area shall be maintained from the fees collected from such disposal area. Money in the fund shall be used only for payment of costs of closure, postclosure actions and contamination remediation associated with the solid waste disposal area until the secretary determines that all requirements for closure, postclosure actions and contamination remediation associated with the disposal area have been met.
(d) The board of county commissioners, by resolution, may modify, discontinue or reinstate the fee authorized by this section.
(e) Transfer or expenditure of moneys in a special fund provided for by this section for any purpose other than authorized by this section is a class A nonperson misdemeanor and constitutes grounds for forfeiture of public office.
(f) If two or more counties jointly operate a solid waste disposal area, the fee provided for by this section on solid waste disposed of at such disposal area may be imposed, modified, discontinued or reinstated only if a majority of the board of county commissioners of each county jointly operating the disposal area votes to impose, modify, discontinue or reinstate the fee.
History:
L. 1994, ch. 283, § 4; L. 1997, ch. 140, § 12; L. 2002, ch. 101, § 3; May 23.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 34 - Solid And Hazardous Waste › 65-3416 Severability.

65-3416.
Severability.
The provisions of this act are severable and if any provision or part thereof shall be held invalid or unconstitutional or inapplicable to any person or circumstances, such invalidity, unconstitutionality or inapplicability shall not affect or impair the remaining provisions of the act.
History: L. 1970, ch. 264, § 16; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 34 - Solid And Hazardous Waste › 65-3416a Severability.

65-3416a.
Severability.
If any clause, sentence, section, provision, or part of this act shall be adjudged to be unconstitutional or invalid for any reason by any court of competent jurisdiction, such judgment shall not invalidate, impair, or affect the remainder of this act, which shall remain in full force and effect.
History: L. 1977, ch. 221, § 8; April 9.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 34 - Solid And Hazardous Waste › 65-3416b Severability.

65-3416b.
Severability.
If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.
History:
L. 1992, ch. 316, § 14; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 34 - Solid And Hazardous Waste › 65-3417 Solid waste plans and programs; considerations; judicial review of secretary's actions.

65-3417.
Solid waste plans and programs; considerations; judicial review of secretary's actions.
(a) In developing solid waste plans or the implementation of a solid waste program in conformance with K.S.A. 65-3401 through 65-3415, and amendments thereto, and rules and regulations adopted thereunder, cities, counties or multiples or combinations thereof shall consider demographic and geographic differences within their area of jurisdiction in promulgating solid waste plans and programs, and the board shall consider the demographic and geographic variations in giving approval or denying approval of such plans and programs.
(b) Any action of the secretary pursuant to the provisions of article 34 of chapter 65 of the Kansas Statutes Annotated, and amendments thereto, is subject to review in accordance with the Kansas judicial review act.
History:
L. 1973, ch. 257, § 1; L. 1975, ch. 462, § 104; L. 1986, ch. 318, § 99; L. 2010, ch. 17, § 145; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 34 - Solid And Hazardous Waste › 65-3418 Vesting of title to solid waste; liability of generator; authority of resource recovery facilities provided by cities or counties or combinations thereof; contracts.

65-3418.
Vesting of title to solid waste; liability of generator; authority of resource recovery facilities provided by cities or counties or combinations thereof; contracts.
(a) Title to the solid waste collected, processed or disposed of in accordance with the provisions of this act and the rules and regulations adopted thereunder shall vest in the owner of the solid waste management activity, area or facility in which the solid waste is placed. Solid waste produced from a discrete source disposed of in ways other than in accordance with this act shall remain the property of the generator and the generator shall be liable for removal of the waste, restoration of the area in which the waste was disposed and to provide for lawful disposal of the waste. It shall not constitute a defense to the generator that the generator acted through an independent contractor in the transportation or disposal of the solid waste.
(b) When a city or a county or any combination of cities or counties, or both, provides by contract for a resource recovery facility or facilities to recover materials or energy from solid wastes as a part of an approved solid waste management plan, the resource recovery facility or facilities shall have sole ownership, utilization and disbursement control of all waste collected by that facility or facilities or delivered to that facility or facilities and shall have the power to sell recovered or recycled materials or energy. Such provision shall be interpreted to include either active participation and financial support of such resource recovery facility or facilities or oversight and regulatory control of such facility or facilities by the local governments. A resource recovery facility may contract to dispose of materials or products as allowed by rules and regulations of the secretary adopted pursuant to K.S.A. 65-3401 et seq., and amendments thereto and conditions as set by the original owner of such materials delivered for disposal and resource recovery, so as to avoid reuse or resale of such special products or materials. Nothing herein shall be construed to prohibit or limit private waste collectors from extracting from the waste they collect, prior to delivery to the resource recovery facility, any materials that may have value to such collectors for purposes of recycling, reuse or resale.
History:
L. 1977, ch. 221, § 6; L. 1981, ch. 251, § 26; L. 1984, ch. 239, § 1; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 34 - Solid And Hazardous Waste › 65-3421 Resource recovery facilities provided by cities or counties; contracts.

65-3421.
Resource recovery facilities provided by cities or counties; contracts.
When a city or a county or combination of cities or counties provides for a facility or facilities to recover materials or energy as a part of an approved solid waste management plan, any city, county or state agency may enter into a long-term contract to supply solid waste to the resource recovery facility or facilities; to construct, operate and maintain or construct or operate or maintain such facilities; to contract with a private entity for the construction, operation and maintenance of such facilities; to market materials or energy recovered from such facility or facilities; or to utilize such facility or facilities to conserve materials or energy by reducing the volume of solid waste. For the purpose of this section "long-term" shall mean a period of not less than 10 nor more than 30 years. All long-term contracts negotiated under this section shall be reviewed and approved by the attorney general before becoming effective.
History:
L. 1981, ch. 251, § 27; L. 1984, ch. 239, § 2; July 1.