65-3418.Vesting of title to solid waste; liability of generator;authority of resource recovery facilities provided by cities or counties orcombinations thereof; contracts.(a) Title to the solid waste collected,processed or disposed of in accordance with the provisions of this act andthe rules and regulations adopted thereunder shall vest in theowner of the solid waste management activity, area or facility in which the solid wasteis placed. Solid waste produced from a discrete source disposed of in waysother than in accordance with this act shall remain the property of thegenerator and the generator shall be liable for removal of the waste, restorationof the area in which the waste was disposed and to provide for lawful disposalof the waste. It shall not constitute a defense to the generator that thegenerator acted through an independent contractor in the transportationor disposal of the solid waste.
(b) When a city or a county or any combination of cities or counties,or both, providesby contract for a resource recovery facility or facilities to recover materials or energyfrom 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 facilityor facilities or delivered to that facility or facilities and shall havethe power to sell recovered or recycled materials or energy. Such provisionshall be interpreted to include either active participation and financialsupport of such resource recovery facility or facilities or oversight andregulatory control of such facility or facilities by the local governments.A resource recovery facility may contract to dispose of materialsor products as allowed by rules and regulations of the secretary adoptedpursuant to K.S.A. 65-3401 et seq., and amendments theretoand conditions asset by the original owner of such materials delivered for disposal and resourcerecovery, so as to avoid reuse or resale of such special products or materials.Nothing herein shall be construed to prohibit or limit private waste collectorsfrom extracting from the waste they collect, prior to delivery to the resourcerecovery facility, any materials that may have value to such collectorsfor purposes of recycling, reuse or resale.
History: L. 1977, ch. 221, § 6; L. 1981, ch. 251, § 26; L. 1984,ch. 239, § 1; July 1.
65-3418.Vesting of title to solid waste; liability of generator;authority of resource recovery facilities provided by cities or counties orcombinations thereof; contracts.(a) Title to the solid waste collected,processed or disposed of in accordance with the provisions of this act andthe rules and regulations adopted thereunder shall vest in theowner of the solid waste management activity, area or facility in which the solid wasteis placed. Solid waste produced from a discrete source disposed of in waysother than in accordance with this act shall remain the property of thegenerator and the generator shall be liable for removal of the waste, restorationof the area in which the waste was disposed and to provide for lawful disposalof the waste. It shall not constitute a defense to the generator that thegenerator acted through an independent contractor in the transportationor disposal of the solid waste.
(b) When a city or a county or any combination of cities or counties,or both, providesby contract for a resource recovery facility or facilities to recover materials or energyfrom 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 facilityor facilities or delivered to that facility or facilities and shall havethe power to sell recovered or recycled materials or energy. Such provisionshall be interpreted to include either active participation and financialsupport of such resource recovery facility or facilities or oversight andregulatory control of such facility or facilities by the local governments.A resource recovery facility may contract to dispose of materialsor products as allowed by rules and regulations of the secretary adoptedpursuant to K.S.A. 65-3401 et seq., and amendments theretoand conditions asset by the original owner of such materials delivered for disposal and resourcerecovery, so as to avoid reuse or resale of such special products or materials.Nothing herein shall be construed to prohibit or limit private waste collectorsfrom extracting from the waste they collect, prior to delivery to the resourcerecovery facility, any materials that may have value to such collectorsfor purposes of recycling, reuse or resale.
History: L. 1977, ch. 221, § 6; L. 1981, ch. 251, § 26; L. 1984,ch. 239, § 1; July 1.
65-3418.Vesting of title to solid waste; liability of generator;authority of resource recovery facilities provided by cities or counties orcombinations thereof; contracts.(a) Title to the solid waste collected,processed or disposed of in accordance with the provisions of this act andthe rules and regulations adopted thereunder shall vest in theowner of the solid waste management activity, area or facility in which the solid wasteis placed. Solid waste produced from a discrete source disposed of in waysother than in accordance with this act shall remain the property of thegenerator and the generator shall be liable for removal of the waste, restorationof the area in which the waste was disposed and to provide for lawful disposalof the waste. It shall not constitute a defense to the generator that thegenerator acted through an independent contractor in the transportationor disposal of the solid waste.
(b) When a city or a county or any combination of cities or counties,or both, providesby contract for a resource recovery facility or facilities to recover materials or energyfrom 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 facilityor facilities or delivered to that facility or facilities and shall havethe power to sell recovered or recycled materials or energy. Such provisionshall be interpreted to include either active participation and financialsupport of such resource recovery facility or facilities or oversight andregulatory control of such facility or facilities by the local governments.A resource recovery facility may contract to dispose of materialsor products as allowed by rules and regulations of the secretary adoptedpursuant to K.S.A. 65-3401 et seq., and amendments theretoand conditions asset by the original owner of such materials delivered for disposal and resourcerecovery, so as to avoid reuse or resale of such special products or materials.Nothing herein shall be construed to prohibit or limit private waste collectorsfrom extracting from the waste they collect, prior to delivery to the resourcerecovery facility, any materials that may have value to such collectorsfor purposes of recycling, reuse or resale.
History: L. 1977, ch. 221, § 6; L. 1981, ch. 251, § 26; L. 1984,ch. 239, § 1; July 1.
