65-3407.Permits to construct, alter or operatesolid waste processingfacilities and solid waste disposal areas; requirements for closure andpost-closure care.(a) Except as otherwise providedby K.S.A. 65-3407c, and amendments thereto, no person shallconstruct,alter or operate asolid waste processing facility or a solid waste disposal area of asolid waste management system, except for clean rubble disposal sites,without first obtaining a permit from the secretary.
(b) Every person desiring to obtain a permit to construct, alter oroperate a solid waste processingfacility or disposal area shall make application for such a permit onforms provided for such purpose by the rules and regulations of thesecretary and shall provide the secretary with such information asnecessary to show that the facility or area will comply withthepurpose of this act. Upon receipt of any application and payment ofthe application fee, the secretary, with advice and counsel from the localhealthauthorities and the county commission, shall make an investigation ofthe proposed solid waste processing facility or disposalarea and determine whether it complies with the provisions of this actand any rules and regulations and standards adopted thereunder. Thesecretary also may consider the need for the facility or area in conjunctionwith thecounty or regional solid waste management plan. If theinvestigation reveals that the facility or area conformswith theprovisions of the act and the rules and regulations and standards adoptedthereunder, the secretary shall approve the application and shall issue apermit for the operation of each solid waste processing or disposalfacility or area set forth in the application. If thefacility or area fails to meet the rules and regulations and standardsrequired by this act the secretary shall issue a report to the applicantstating thedeficiencies in the application. The secretary mayissue temporarypermits conditioned upon corrections of construction methods beingcompleted and implemented.
(c) Before reviewing any application for permit, the secretary shallconduct a background investigation of the applicant. The secretary shallconsider the financial, technical and management capabilities of the applicantas conditions for issuance of a permit. The secretary may reject theapplication prior to conducting an investigation into the merits of theapplication if the secretary finds that:
(1) The applicant currently holds, or in the past has held, a permit underthis section and while the applicant held a permit under this section theapplicant violated a provision of subsection (a) of K.S.A. 65-3409, andamendments thereto; or
(2) the applicant previously held a permit under this section and thatpermit was revoked by the secretary; or
(3) the applicant failed or continues to fail to comply with any of theprovisions of the air, water or waste statutes, including rules and regulationsissued thereunder, relating to environmental protection or to the protection ofpublic health in this or any other state or the federal government of theUnited States, or any condition of any permit or license issued by thesecretary; or if the secretary finds that the applicant has shown a lack ofability or intention to comply with any provision of any law referred to inthis subsection or any rule and regulation or order or permit issued pursuanttoany such law as indicated by past or continuing violations; or
(4) the applicant is a corporation and any principal, shareholder, orother person capable of exercising total or partial control of such corporationcould be determined ineligible to receive a permit pursuant to subsection(c)(1), (2) or (3) above.
(d) Before reviewing any application for a permit, the secretary mayrequest that the attorney general perform a comprehensive criminal backgroundinvestigation of the applicant; or in the case of a corporate applicant, anyprincipal, shareholder or other person capable ofexercising total or partial control of thecorporation. The secretary may reject the application prior to conducting aninvestigation into the merits of the application if the secretary finds thatserious criminal violations have been committed by the applicant or a principalof the corporation.
(e) (1) The fees for a solid waste processing ordisposal permit shall be established by rules and regulationsadopted by the secretary. Thefee for the application and original permit shall not exceed $5,000. Exceptas provided by paragraph (2), theannualpermit renewal fee shall not exceed $2,000.No refund shall be made in case of revocation. In establishing fees for aconstruction and demolition landfill, the secretary shall adopt a differentialfee schedule based upon the volume of construction and demolition waste to bedisposed of at such landfill. All fees shall be deposited in the statetreasury and credited to the solid waste management fund.A city, county, other political subdivision orstate agency shall be exempt from payment of the fee but shall meet allother provisions of this act.
(2) The annual permit renewal fee for a solid waste disposal area which ispermitted by the secretary, owned or operated by the facilitygenerating the waste and used only for industrial waste generated by suchfacility shall be not less than $1,000 nor more than $4,000. In establishingfees for such disposal areas, the secretary shall adopt a differential feeschedule based upon the characteristics of the disposal area sites.
(f) Plans, designs and relevant data for the construction of solid wasteprocessing facilities and disposal sites shall beprepared by a professional engineer licensed to practice in Kansas andshall be submitted to the department for approval prior to theconstruction, alteration or operation of such facility or area. Inadopting rules and regulations, the secretary may specify sites, areasor facilities where the environmental impact is minimal and may waive suchpreparation requirements provided that a review of such plans isconducted by a professional engineer licensed to practice in Kansas.
(g) Each permit granted by the secretary, as provided in this act, shallbe subject to such conditions as the secretary deems necessary toprotect human health and the environment and to conserve the sites. Suchconditions shall include approval by the secretary of the types andquantities of solid waste allowable for processing or disposal at thepermitted location.
(h) Before issuing or renewing apermit to operate a solid waste processing facility orsolid waste disposal area, the secretary shallrequire the permittee to demonstrate that funds are available toensure payment of the cost of closure and postclosure care and provideliability insurance for accidental occurrences at the permitted facility.(1) If the permittee owns the land where the solid wasteprocessing facility or disposal area is located or the permit for the facilitywas issued before the date this act is published in the Kansas register, thepermittee shall satisfy the financial assurance requirement for closure andpostclosure care by providing a trust fund, a surety bondguaranteeing payment, an irrevocable letter of credit or insurancepolicy, or by passing a financial test or obtainingafinancial guarantee from a related entity, to guarantee the future availabilityof funds. The secretaryshall prescribe the methods to be used by a permittee to demonstrate sufficientfinancial strength to become eligible to use a financial test or a financialguarantee procedure in lieu of providing the other financial instruments. Solidwaste processing facilities or disposalareas, except municipal solid waste landfills, may also demonstrate financialassurance costs by use of ad valoremtaxing power. (2) If the permittee does not ownthe land where the solid waste processing facility or disposal area is locatedand the permit for the facility is issued after the date this act is publishedin the Kansas register, the permittee shall satisfy the financial assurancerequirement for closure and postclosure care by providing a trust fund, asurety bond guaranteeing payment, or an irrevocable letter of credit.
(3) The secretary shall require each permittee of asolid waste processing facility or disposal area to provide liabilityinsurance coverage during the period that the facility or area is active, andduring the term of the facility or area is subject to postclosure care, in suchamount as determined by the secretary to insure the financial responsibility ofthe permittee for accidental occurrences at the site of the facility or area.Any such liability insurance as may be required pursuant to this subsection orpursuant to the rules and regulations of the secretary shall be issued by aninsurance company authorized to do business in Kansas or by a licensedinsurance agent operating under authority of K.S.A. 40-246b, and amendmentsthereto, and shall be subject to the insurer's policy provisions filed with andapproved by the commissioner of insurance pursuant to K.S.A. 40-216, andamendments thereto, except as authorized by K.S.A. 40-246b, and amendmentsthereto. Nothing contained in this subsection shall be deemed to apply to anystate agency or department or agency of the federal government.
(i) (1) Permits granted by the secretary as provided by this act shall notbe transferable except as follows:
(A) A permit for a solid waste disposal area may be transferred if the areais permitted for only solid waste produced on site from manufacturing andindustrial processes or on-site construction or demolition activities and theonly change in the permit is a name change resulting from a merger,acquisition, sale, corporate restructuring or other business transaction.
(B) A permit for a solid waste disposal area or a solid waste processingfacility may be transferred if the secretary approves of the transfer basedupon information submitted to the secretary sufficient to conduct a backgroundinvestigation of the new owner as specified in subsections (c) and (d) ofK.S.A. 65-3407, and amendments thereto, and a financial assurance evaluation asspecified in subsection (h) of K.S.A. 65-3407, and amendments thereto. Suchinformation shall be submitted to the secretary not more than one year nor lessthan 60 days before the transfer. If the secretary does not approve ordisapprove the transfer within 30 days after all required information issubmitted to the secretary, the transfer shall be deemed to have been approved.
(2) Permits granted by the secretary as provided by this act shall berevocable or subject to suspension whenever the secretary shall determine thatthe solid waste processing or disposal facility or area is, or has beenconstructed or operated in violation of this act or the rules and regulationsor standards adopted pursuant to the act, or is creating or threatens to createa hazard to persons or property in the area or to the environment, or iscreating or threatens to create a public nuisance, or upon the failure to makepayment of any fee required under this act.
(3) The secretary also may revoke, suspend or refuse to issue a permit whenthe secretary determines that past or continuing violations of the provisionsofK.S.A. 65-3409, subsection (c)(3) of K.S.A. 65-3407 or K.S.A.65-3424b, and amendments thereto, have been committedby a permittee, or any principal, shareholder or other person capable ofexercising partial ortotal control over a permittee.
(j) Except as otherwise provided by subsection (i)(1), the secretary mayrequire a new permit application to be submitted for a solid waste processingfacility or a solid waste disposalarea in response to any change, either directly or indirectly, in ownershipor control of the permitted real property or the existing permittee.
(k) In case any permit is denied, suspended or revoked the person,city, county or other political subdivision or state agency may requesta hearing before the secretary in accordance with K.S.A. 65-3412, andamendments thereto.
(l) (1) No permit to construct or operate a solid wastedisposal area shall be issued on or afterthe effective date of this act if such area is located within 1/2mile of a navigable stream used for interstate commerce or within one mile ofan intake point for any public surface water supply system.
(2) Any permit, issued before the effective date of this act, to constructor operate a solid waste disposal area ishereby declared void if such area is not yet in operation and islocated within 1/2 mile of a navigable stream used for interstate commerce orwithin one mile of an intakepoint for any public surface water supply system.
(3) The provisions of this subsection shall not be construed toprohibit: (A) Issuance of a permit for lateral expansion onto land contiguousto a permitted solid waste disposal area in operation on the effective date ofthis act; (B) issuance of a permit for a solid waste disposal area for disposalof a solid waste by-product produced on-site; (C) renewal of an existingpermit for a solid waste area in operation on the effective date of this act;or (D) activities which are regulated under K.S.A. 65-163 through 65-165or 65-171d, and amendments thereto.
(m) Before reviewing any application for a solid wasteprocessing facilityor solid waste disposal area, the secretary shall require the followinginformation as part of the application:
(1) Certification by the board of county commissioners or the mayor of adesignated city responsible for the development and adoption of the solid wastemanagement plan for the location where the processing facility or disposal areais or will be located that the processing facility or disposal area isconsistent with the plan. This certification shall not apply to a solidwaste disposal area for disposal of only solid waste produced on site frommanufacturing and industrial processes or from on-site construction ordemolition activities.
(2) If the location is zoned, certification by the local planning and zoningauthority that the processing facility or disposal area is consistent withlocal land use restrictions or, if the location is not zoned, certificationfrom the board of county commissioners that the processing facility or disposalarea is compatible with surrounding land use.
(3) For a solid waste disposal area permit issued on or after July 1, 1999,proof that the applicant either owns the land where thedisposal area will be located or operates the solid waste disposal area foran adjacent or on-site industrial facility, if the disposal area is: (A) Amunicipal solid waste landfill; or (B) a solidwastedisposal area that has: (i) A leachate or gas collection or treatment system;(ii) waste containment systems or appurtenances with planned maintenanceschedules; or (iii) an environmental monitoring system with planned maintenanceschedules or periodic sampling and analysis requirements.If the applicant does not own the land, the applicant shall also provideproofthat the applicant has acquired and duly recorded an easement to the landfillproperty. The easement shall authorize the applicant to carry out landfilloperations, closure, post-closure care, monitoring, and all relatedconstruction activities on the landfill property as required by applicablesolid waste laws and regulations, as established in permit conditions, or asordered or directed by the secretary. Such easement shall run with the land ifthe landfill property is transferred and the easement may only be vacated withthe consent of the secretary. These requirementsshall not apply to a permit for lateral or vertical expansion contiguous to apermitted solid waste disposal area in operation on July 1, 1999, if suchexpansion is on land leased by the permittee before April 1, 1999.
65-3407.Permits to construct, alter or operatesolid waste processingfacilities and solid waste disposal areas; requirements for closure andpost-closure care.(a) Except as otherwise providedby K.S.A. 65-3407c, and amendments thereto, no person shallconstruct,alter or operate asolid waste processing facility or a solid waste disposal area of asolid waste management system, except for clean rubble disposal sites,without first obtaining a permit from the secretary.
(b) Every person desiring to obtain a permit to construct, alter oroperate a solid waste processingfacility or disposal area shall make application for such a permit onforms provided for such purpose by the rules and regulations of thesecretary and shall provide the secretary with such information asnecessary to show that the facility or area will comply withthepurpose of this act. Upon receipt of any application and payment ofthe application fee, the secretary, with advice and counsel from the localhealthauthorities and the county commission, shall make an investigation ofthe proposed solid waste processing facility or disposalarea and determine whether it complies with the provisions of this actand any rules and regulations and standards adopted thereunder. Thesecretary also may consider the need for the facility or area in conjunctionwith thecounty or regional solid waste management plan. If theinvestigation reveals that the facility or area conformswith theprovisions of the act and the rules and regulations and standards adoptedthereunder, the secretary shall approve the application and shall issue apermit for the operation of each solid waste processing or disposalfacility or area set forth in the application. If thefacility or area fails to meet the rules and regulations and standardsrequired by this act the secretary shall issue a report to the applicantstating thedeficiencies in the application. The secretary mayissue temporarypermits conditioned upon corrections of construction methods beingcompleted and implemented.
(c) Before reviewing any application for permit, the secretary shallconduct a background investigation of the applicant. The secretary shallconsider the financial, technical and management capabilities of the applicantas conditions for issuance of a permit. The secretary may reject theapplication prior to conducting an investigation into the merits of theapplication if the secretary finds that:
(1) The applicant currently holds, or in the past has held, a permit underthis section and while the applicant held a permit under this section theapplicant violated a provision of subsection (a) of K.S.A. 65-3409, andamendments thereto; or
(2) the applicant previously held a permit under this section and thatpermit was revoked by the secretary; or
(3) the applicant failed or continues to fail to comply with any of theprovisions of the air, water or waste statutes, including rules and regulationsissued thereunder, relating to environmental protection or to the protection ofpublic health in this or any other state or the federal government of theUnited States, or any condition of any permit or license issued by thesecretary; or if the secretary finds that the applicant has shown a lack ofability or intention to comply with any provision of any law referred to inthis subsection or any rule and regulation or order or permit issued pursuanttoany such law as indicated by past or continuing violations; or
(4) the applicant is a corporation and any principal, shareholder, orother person capable of exercising total or partial control of such corporationcould be determined ineligible to receive a permit pursuant to subsection(c)(1), (2) or (3) above.
(d) Before reviewing any application for a permit, the secretary mayrequest that the attorney general perform a comprehensive criminal backgroundinvestigation of the applicant; or in the case of a corporate applicant, anyprincipal, shareholder or other person capable ofexercising total or partial control of thecorporation. The secretary may reject the application prior to conducting aninvestigation into the merits of the application if the secretary finds thatserious criminal violations have been committed by the applicant or a principalof the corporation.
(e) (1) The fees for a solid waste processing ordisposal permit shall be established by rules and regulationsadopted by the secretary. Thefee for the application and original permit shall not exceed $5,000. Exceptas provided by paragraph (2), theannualpermit renewal fee shall not exceed $2,000.No refund shall be made in case of revocation. In establishing fees for aconstruction and demolition landfill, the secretary shall adopt a differentialfee schedule based upon the volume of construction and demolition waste to bedisposed of at such landfill. All fees shall be deposited in the statetreasury and credited to the solid waste management fund.A city, county, other political subdivision orstate agency shall be exempt from payment of the fee but shall meet allother provisions of this act.
(2) The annual permit renewal fee for a solid waste disposal area which ispermitted by the secretary, owned or operated by the facilitygenerating the waste and used only for industrial waste generated by suchfacility shall be not less than $1,000 nor more than $4,000. In establishingfees for such disposal areas, the secretary shall adopt a differential feeschedule based upon the characteristics of the disposal area sites.
(f) Plans, designs and relevant data for the construction of solid wasteprocessing facilities and disposal sites shall beprepared by a professional engineer licensed to practice in Kansas andshall be submitted to the department for approval prior to theconstruction, alteration or operation of such facility or area. Inadopting rules and regulations, the secretary may specify sites, areasor facilities where the environmental impact is minimal and may waive suchpreparation requirements provided that a review of such plans isconducted by a professional engineer licensed to practice in Kansas.
(g) Each permit granted by the secretary, as provided in this act, shallbe subject to such conditions as the secretary deems necessary toprotect human health and the environment and to conserve the sites. Suchconditions shall include approval by the secretary of the types andquantities of solid waste allowable for processing or disposal at thepermitted location.
(h) Before issuing or renewing apermit to operate a solid waste processing facility orsolid waste disposal area, the secretary shallrequire the permittee to demonstrate that funds are available toensure payment of the cost of closure and postclosure care and provideliability insurance for accidental occurrences at the permitted facility.(1) If the permittee owns the land where the solid wasteprocessing facility or disposal area is located or the permit for the facilitywas issued before the date this act is published in the Kansas register, thepermittee shall satisfy the financial assurance requirement for closure andpostclosure care by providing a trust fund, a surety bondguaranteeing payment, an irrevocable letter of credit or insurancepolicy, or by passing a financial test or obtainingafinancial guarantee from a related entity, to guarantee the future availabilityof funds. The secretaryshall prescribe the methods to be used by a permittee to demonstrate sufficientfinancial strength to become eligible to use a financial test or a financialguarantee procedure in lieu of providing the other financial instruments. Solidwaste processing facilities or disposalareas, except municipal solid waste landfills, may also demonstrate financialassurance costs by use of ad valoremtaxing power. (2) If the permittee does not ownthe land where the solid waste processing facility or disposal area is locatedand the permit for the facility is issued after the date this act is publishedin the Kansas register, the permittee shall satisfy the financial assurancerequirement for closure and postclosure care by providing a trust fund, asurety bond guaranteeing payment, or an irrevocable letter of credit.
(3) The secretary shall require each permittee of asolid waste processing facility or disposal area to provide liabilityinsurance coverage during the period that the facility or area is active, andduring the term of the facility or area is subject to postclosure care, in suchamount as determined by the secretary to insure the financial responsibility ofthe permittee for accidental occurrences at the site of the facility or area.Any such liability insurance as may be required pursuant to this subsection orpursuant to the rules and regulations of the secretary shall be issued by aninsurance company authorized to do business in Kansas or by a licensedinsurance agent operating under authority of K.S.A. 40-246b, and amendmentsthereto, and shall be subject to the insurer's policy provisions filed with andapproved by the commissioner of insurance pursuant to K.S.A. 40-216, andamendments thereto, except as authorized by K.S.A. 40-246b, and amendmentsthereto. Nothing contained in this subsection shall be deemed to apply to anystate agency or department or agency of the federal government.
(i) (1) Permits granted by the secretary as provided by this act shall notbe transferable except as follows:
(A) A permit for a solid waste disposal area may be transferred if the areais permitted for only solid waste produced on site from manufacturing andindustrial processes or on-site construction or demolition activities and theonly change in the permit is a name change resulting from a merger,acquisition, sale, corporate restructuring or other business transaction.
(B) A permit for a solid waste disposal area or a solid waste processingfacility may be transferred if the secretary approves of the transfer basedupon information submitted to the secretary sufficient to conduct a backgroundinvestigation of the new owner as specified in subsections (c) and (d) ofK.S.A. 65-3407, and amendments thereto, and a financial assurance evaluation asspecified in subsection (h) of K.S.A. 65-3407, and amendments thereto. Suchinformation shall be submitted to the secretary not more than one year nor lessthan 60 days before the transfer. If the secretary does not approve ordisapprove the transfer within 30 days after all required information issubmitted to the secretary, the transfer shall be deemed to have been approved.
(2) Permits granted by the secretary as provided by this act shall berevocable or subject to suspension whenever the secretary shall determine thatthe solid waste processing or disposal facility or area is, or has beenconstructed or operated in violation of this act or the rules and regulationsor standards adopted pursuant to the act, or is creating or threatens to createa hazard to persons or property in the area or to the environment, or iscreating or threatens to create a public nuisance, or upon the failure to makepayment of any fee required under this act.
(3) The secretary also may revoke, suspend or refuse to issue a permit whenthe secretary determines that past or continuing violations of the provisionsofK.S.A. 65-3409, subsection (c)(3) of K.S.A. 65-3407 or K.S.A.65-3424b, and amendments thereto, have been committedby a permittee, or any principal, shareholder or other person capable ofexercising partial ortotal control over a permittee.
(j) Except as otherwise provided by subsection (i)(1), the secretary mayrequire a new permit application to be submitted for a solid waste processingfacility or a solid waste disposalarea in response to any change, either directly or indirectly, in ownershipor control of the permitted real property or the existing permittee.
(k) In case any permit is denied, suspended or revoked the person,city, county or other political subdivision or state agency may requesta hearing before the secretary in accordance with K.S.A. 65-3412, andamendments thereto.
(l) (1) No permit to construct or operate a solid wastedisposal area shall be issued on or afterthe effective date of this act if such area is located within 1/2mile of a navigable stream used for interstate commerce or within one mile ofan intake point for any public surface water supply system.
(2) Any permit, issued before the effective date of this act, to constructor operate a solid waste disposal area ishereby declared void if such area is not yet in operation and islocated within 1/2 mile of a navigable stream used for interstate commerce orwithin one mile of an intakepoint for any public surface water supply system.
(3) The provisions of this subsection shall not be construed toprohibit: (A) Issuance of a permit for lateral expansion onto land contiguousto a permitted solid waste disposal area in operation on the effective date ofthis act; (B) issuance of a permit for a solid waste disposal area for disposalof a solid waste by-product produced on-site; (C) renewal of an existingpermit for a solid waste area in operation on the effective date of this act;or (D) activities which are regulated under K.S.A. 65-163 through 65-165or 65-171d, and amendments thereto.
(m) Before reviewing any application for a solid wasteprocessing facilityor solid waste disposal area, the secretary shall require the followinginformation as part of the application:
(1) Certification by the board of county commissioners or the mayor of adesignated city responsible for the development and adoption of the solid wastemanagement plan for the location where the processing facility or disposal areais or will be located that the processing facility or disposal area isconsistent with the plan. This certification shall not apply to a solidwaste disposal area for disposal of only solid waste produced on site frommanufacturing and industrial processes or from on-site construction ordemolition activities.
(2) If the location is zoned, certification by the local planning and zoningauthority that the processing facility or disposal area is consistent withlocal land use restrictions or, if the location is not zoned, certificationfrom the board of county commissioners that the processing facility or disposalarea is compatible with surrounding land use.
(3) For a solid waste disposal area permit issued on or after July 1, 1999,proof that the applicant either owns the land where thedisposal area will be located or operates the solid waste disposal area foran adjacent or on-site industrial facility, if the disposal area is: (A) Amunicipal solid waste landfill; or (B) a solidwastedisposal area that has: (i) A leachate or gas collection or treatment system;(ii) waste containment systems or appurtenances with planned maintenanceschedules; or (iii) an environmental monitoring system with planned maintenanceschedules or periodic sampling and analysis requirements.If the applicant does not own the land, the applicant shall also provideproofthat the applicant has acquired and duly recorded an easement to the landfillproperty. The easement shall authorize the applicant to carry out landfilloperations, closure, post-closure care, monitoring, and all relatedconstruction activities on the landfill property as required by applicablesolid waste laws and regulations, as established in permit conditions, or asordered or directed by the secretary. Such easement shall run with the land ifthe landfill property is transferred and the easement may only be vacated withthe consent of the secretary. These requirementsshall not apply to a permit for lateral or vertical expansion contiguous to apermitted solid waste disposal area in operation on July 1, 1999, if suchexpansion is on land leased by the permittee before April 1, 1999.
65-3407.Permits to construct, alter or operatesolid waste processingfacilities and solid waste disposal areas; requirements for closure andpost-closure care.(a) Except as otherwise providedby K.S.A. 65-3407c, and amendments thereto, no person shallconstruct,alter or operate asolid waste processing facility or a solid waste disposal area of asolid waste management system, except for clean rubble disposal sites,without first obtaining a permit from the secretary.
(b) Every person desiring to obtain a permit to construct, alter oroperate a solid waste processingfacility or disposal area shall make application for such a permit onforms provided for such purpose by the rules and regulations of thesecretary and shall provide the secretary with such information asnecessary to show that the facility or area will comply withthepurpose of this act. Upon receipt of any application and payment ofthe application fee, the secretary, with advice and counsel from the localhealthauthorities and the county commission, shall make an investigation ofthe proposed solid waste processing facility or disposalarea and determine whether it complies with the provisions of this actand any rules and regulations and standards adopted thereunder. Thesecretary also may consider the need for the facility or area in conjunctionwith thecounty or regional solid waste management plan. If theinvestigation reveals that the facility or area conformswith theprovisions of the act and the rules and regulations and standards adoptedthereunder, the secretary shall approve the application and shall issue apermit for the operation of each solid waste processing or disposalfacility or area set forth in the application. If thefacility or area fails to meet the rules and regulations and standardsrequired by this act the secretary shall issue a report to the applicantstating thedeficiencies in the application. The secretary mayissue temporarypermits conditioned upon corrections of construction methods beingcompleted and implemented.
(c) Before reviewing any application for permit, the secretary shallconduct a background investigation of the applicant. The secretary shallconsider the financial, technical and management capabilities of the applicantas conditions for issuance of a permit. The secretary may reject theapplication prior to conducting an investigation into the merits of theapplication if the secretary finds that:
(1) The applicant currently holds, or in the past has held, a permit underthis section and while the applicant held a permit under this section theapplicant violated a provision of subsection (a) of K.S.A. 65-3409, andamendments thereto; or
(2) the applicant previously held a permit under this section and thatpermit was revoked by the secretary; or
(3) the applicant failed or continues to fail to comply with any of theprovisions of the air, water or waste statutes, including rules and regulationsissued thereunder, relating to environmental protection or to the protection ofpublic health in this or any other state or the federal government of theUnited States, or any condition of any permit or license issued by thesecretary; or if the secretary finds that the applicant has shown a lack ofability or intention to comply with any provision of any law referred to inthis subsection or any rule and regulation or order or permit issued pursuanttoany such law as indicated by past or continuing violations; or
(4) the applicant is a corporation and any principal, shareholder, orother person capable of exercising total or partial control of such corporationcould be determined ineligible to receive a permit pursuant to subsection(c)(1), (2) or (3) above.
(d) Before reviewing any application for a permit, the secretary mayrequest that the attorney general perform a comprehensive criminal backgroundinvestigation of the applicant; or in the case of a corporate applicant, anyprincipal, shareholder or other person capable ofexercising total or partial control of thecorporation. The secretary may reject the application prior to conducting aninvestigation into the merits of the application if the secretary finds thatserious criminal violations have been committed by the applicant or a principalof the corporation.
(e) (1) The fees for a solid waste processing ordisposal permit shall be established by rules and regulationsadopted by the secretary. Thefee for the application and original permit shall not exceed $5,000. Exceptas provided by paragraph (2), theannualpermit renewal fee shall not exceed $2,000.No refund shall be made in case of revocation. In establishing fees for aconstruction and demolition landfill, the secretary shall adopt a differentialfee schedule based upon the volume of construction and demolition waste to bedisposed of at such landfill. All fees shall be deposited in the statetreasury and credited to the solid waste management fund.A city, county, other political subdivision orstate agency shall be exempt from payment of the fee but shall meet allother provisions of this act.
(2) The annual permit renewal fee for a solid waste disposal area which ispermitted by the secretary, owned or operated by the facilitygenerating the waste and used only for industrial waste generated by suchfacility shall be not less than $1,000 nor more than $4,000. In establishingfees for such disposal areas, the secretary shall adopt a differential feeschedule based upon the characteristics of the disposal area sites.
(f) Plans, designs and relevant data for the construction of solid wasteprocessing facilities and disposal sites shall beprepared by a professional engineer licensed to practice in Kansas andshall be submitted to the department for approval prior to theconstruction, alteration or operation of such facility or area. Inadopting rules and regulations, the secretary may specify sites, areasor facilities where the environmental impact is minimal and may waive suchpreparation requirements provided that a review of such plans isconducted by a professional engineer licensed to practice in Kansas.
(g) Each permit granted by the secretary, as provided in this act, shallbe subject to such conditions as the secretary deems necessary toprotect human health and the environment and to conserve the sites. Suchconditions shall include approval by the secretary of the types andquantities of solid waste allowable for processing or disposal at thepermitted location.
(h) Before issuing or renewing apermit to operate a solid waste processing facility orsolid waste disposal area, the secretary shallrequire the permittee to demonstrate that funds are available toensure payment of the cost of closure and postclosure care and provideliability insurance for accidental occurrences at the permitted facility.(1) If the permittee owns the land where the solid wasteprocessing facility or disposal area is located or the permit for the facilitywas issued before the date this act is published in the Kansas register, thepermittee shall satisfy the financial assurance requirement for closure andpostclosure care by providing a trust fund, a surety bondguaranteeing payment, an irrevocable letter of credit or insurancepolicy, or by passing a financial test or obtainingafinancial guarantee from a related entity, to guarantee the future availabilityof funds. The secretaryshall prescribe the methods to be used by a permittee to demonstrate sufficientfinancial strength to become eligible to use a financial test or a financialguarantee procedure in lieu of providing the other financial instruments. Solidwaste processing facilities or disposalareas, except municipal solid waste landfills, may also demonstrate financialassurance costs by use of ad valoremtaxing power. (2) If the permittee does not ownthe land where the solid waste processing facility or disposal area is locatedand the permit for the facility is issued after the date this act is publishedin the Kansas register, the permittee shall satisfy the financial assurancerequirement for closure and postclosure care by providing a trust fund, asurety bond guaranteeing payment, or an irrevocable letter of credit.
(3) The secretary shall require each permittee of asolid waste processing facility or disposal area to provide liabilityinsurance coverage during the period that the facility or area is active, andduring the term of the facility or area is subject to postclosure care, in suchamount as determined by the secretary to insure the financial responsibility ofthe permittee for accidental occurrences at the site of the facility or area.Any such liability insurance as may be required pursuant to this subsection orpursuant to the rules and regulations of the secretary shall be issued by aninsurance company authorized to do business in Kansas or by a licensedinsurance agent operating under authority of K.S.A. 40-246b, and amendmentsthereto, and shall be subject to the insurer's policy provisions filed with andapproved by the commissioner of insurance pursuant to K.S.A. 40-216, andamendments thereto, except as authorized by K.S.A. 40-246b, and amendmentsthereto. Nothing contained in this subsection shall be deemed to apply to anystate agency or department or agency of the federal government.
(i) (1) Permits granted by the secretary as provided by this act shall notbe transferable except as follows:
(A) A permit for a solid waste disposal area may be transferred if the areais permitted for only solid waste produced on site from manufacturing andindustrial processes or on-site construction or demolition activities and theonly change in the permit is a name change resulting from a merger,acquisition, sale, corporate restructuring or other business transaction.
(B) A permit for a solid waste disposal area or a solid waste processingfacility may be transferred if the secretary approves of the transfer basedupon information submitted to the secretary sufficient to conduct a backgroundinvestigation of the new owner as specified in subsections (c) and (d) ofK.S.A. 65-3407, and amendments thereto, and a financial assurance evaluation asspecified in subsection (h) of K.S.A. 65-3407, and amendments thereto. Suchinformation shall be submitted to the secretary not more than one year nor lessthan 60 days before the transfer. If the secretary does not approve ordisapprove the transfer within 30 days after all required information issubmitted to the secretary, the transfer shall be deemed to have been approved.
(2) Permits granted by the secretary as provided by this act shall berevocable or subject to suspension whenever the secretary shall determine thatthe solid waste processing or disposal facility or area is, or has beenconstructed or operated in violation of this act or the rules and regulationsor standards adopted pursuant to the act, or is creating or threatens to createa hazard to persons or property in the area or to the environment, or iscreating or threatens to create a public nuisance, or upon the failure to makepayment of any fee required under this act.
(3) The secretary also may revoke, suspend or refuse to issue a permit whenthe secretary determines that past or continuing violations of the provisionsofK.S.A. 65-3409, subsection (c)(3) of K.S.A. 65-3407 or K.S.A.65-3424b, and amendments thereto, have been committedby a permittee, or any principal, shareholder or other person capable ofexercising partial ortotal control over a permittee.
(j) Except as otherwise provided by subsection (i)(1), the secretary mayrequire a new permit application to be submitted for a solid waste processingfacility or a solid waste disposalarea in response to any change, either directly or indirectly, in ownershipor control of the permitted real property or the existing permittee.
(k) In case any permit is denied, suspended or revoked the person,city, county or other political subdivision or state agency may requesta hearing before the secretary in accordance with K.S.A. 65-3412, andamendments thereto.
(l) (1) No permit to construct or operate a solid wastedisposal area shall be issued on or afterthe effective date of this act if such area is located within 1/2mile of a navigable stream used for interstate commerce or within one mile ofan intake point for any public surface water supply system.
(2) Any permit, issued before the effective date of this act, to constructor operate a solid waste disposal area ishereby declared void if such area is not yet in operation and islocated within 1/2 mile of a navigable stream used for interstate commerce orwithin one mile of an intakepoint for any public surface water supply system.
(3) The provisions of this subsection shall not be construed toprohibit: (A) Issuance of a permit for lateral expansion onto land contiguousto a permitted solid waste disposal area in operation on the effective date ofthis act; (B) issuance of a permit for a solid waste disposal area for disposalof a solid waste by-product produced on-site; (C) renewal of an existingpermit for a solid waste area in operation on the effective date of this act;or (D) activities which are regulated under K.S.A. 65-163 through 65-165or 65-171d, and amendments thereto.
(m) Before reviewing any application for a solid wasteprocessing facilityor solid waste disposal area, the secretary shall require the followinginformation as part of the application:
(1) Certification by the board of county commissioners or the mayor of adesignated city responsible for the development and adoption of the solid wastemanagement plan for the location where the processing facility or disposal areais or will be located that the processing facility or disposal area isconsistent with the plan. This certification shall not apply to a solidwaste disposal area for disposal of only solid waste produced on site frommanufacturing and industrial processes or from on-site construction ordemolition activities.
(2) If the location is zoned, certification by the local planning and zoningauthority that the processing facility or disposal area is consistent withlocal land use restrictions or, if the location is not zoned, certificationfrom the board of county commissioners that the processing facility or disposalarea is compatible with surrounding land use.
(3) For a solid waste disposal area permit issued on or after July 1, 1999,proof that the applicant either owns the land where thedisposal area will be located or operates the solid waste disposal area foran adjacent or on-site industrial facility, if the disposal area is: (A) Amunicipal solid waste landfill; or (B) a solidwastedisposal area that has: (i) A leachate or gas collection or treatment system;(ii) waste containment systems or appurtenances with planned maintenanceschedules; or (iii) an environmental monitoring system with planned maintenanceschedules or periodic sampling and analysis requirements.If the applicant does not own the land, the applicant shall also provideproofthat the applicant has acquired and duly recorded an easement to the landfillproperty. The easement shall authorize the applicant to carry out landfilloperations, closure, post-closure care, monitoring, and all relatedconstruction activities on the landfill property as required by applicablesolid waste laws and regulations, as established in permit conditions, or asordered or directed by the secretary. Such easement shall run with the land ifthe landfill property is transferred and the easement may only be vacated withthe consent of the secretary. These requirementsshall not apply to a permit for lateral or vertical expansion contiguous to apermitted solid waste disposal area in operation on July 1, 1999, if suchexpansion is on land leased by the permittee before April 1, 1999.
