65-3423.Same; contracts with private persons for performance of certainfunctions; authority of private entities.(a) When a city or a county or any combination of cities orcounties, or both, provides for a facility or facilities to recover materials or energyas a part of an approved solid waste management plan, the city or countyor the separate legal entity created to govern the combination of cities orcounties, or both, if such an entity exists, may enter into contracts withprivate persons for the performance of anysuch functions of the plan which, in the opinion of the city or county orsuch separate legal entity,can desirably and conveniently be carried out by a private person undercontract provided any such contract shall contain such terms and conditionsas will enable the city or county or such separate legal entity to retainoverall supervision and controlof the business, design, operating management, transportation, marketing,planning and research and development functions to be carried out or tobe performed by such private persons pursuant to such contract. Such contractsmay be entered into either on a negotiated or an open-bid basis, and thecity or county or such separate legal entity in its discretion may selectthe type of contract it deemsmost prudent to utilize considering the scope of work, the management complexitiesassociated therewith, the extent of current and future technological developmentrequirements and the best interests of the state.
(b) Private entities may construct, operate, maintain and own resourcerecovery facilities; form contracts to supply solid waste to the resourcerecovery facility or facilities; form contracts to market materials or energyrecovered from such facility or facilities; or utilize such facility orfacilities to conserve materials or energy by reducing the volume of solidwaste under the supervision of and with the approval of the city or countyor such separate legal entity,subject to the approval of the Kansas department of health and environment,and in accordance with the approved local solid waste management plan.
65-3423.Same; contracts with private persons for performance of certainfunctions; authority of private entities.(a) When a city or a county or any combination of cities orcounties, or both, provides for a facility or facilities to recover materials or energyas a part of an approved solid waste management plan, the city or countyor the separate legal entity created to govern the combination of cities orcounties, or both, if such an entity exists, may enter into contracts withprivate persons for the performance of anysuch functions of the plan which, in the opinion of the city or county orsuch separate legal entity,can desirably and conveniently be carried out by a private person undercontract provided any such contract shall contain such terms and conditionsas will enable the city or county or such separate legal entity to retainoverall supervision and controlof the business, design, operating management, transportation, marketing,planning and research and development functions to be carried out or tobe performed by such private persons pursuant to such contract. Such contractsmay be entered into either on a negotiated or an open-bid basis, and thecity or county or such separate legal entity in its discretion may selectthe type of contract it deemsmost prudent to utilize considering the scope of work, the management complexitiesassociated therewith, the extent of current and future technological developmentrequirements and the best interests of the state.
(b) Private entities may construct, operate, maintain and own resourcerecovery facilities; form contracts to supply solid waste to the resourcerecovery facility or facilities; form contracts to market materials or energyrecovered from such facility or facilities; or utilize such facility orfacilities to conserve materials or energy by reducing the volume of solidwaste under the supervision of and with the approval of the city or countyor such separate legal entity,subject to the approval of the Kansas department of health and environment,and in accordance with the approved local solid waste management plan.
65-3423.Same; contracts with private persons for performance of certainfunctions; authority of private entities.(a) When a city or a county or any combination of cities orcounties, or both, provides for a facility or facilities to recover materials or energyas a part of an approved solid waste management plan, the city or countyor the separate legal entity created to govern the combination of cities orcounties, or both, if such an entity exists, may enter into contracts withprivate persons for the performance of anysuch functions of the plan which, in the opinion of the city or county orsuch separate legal entity,can desirably and conveniently be carried out by a private person undercontract provided any such contract shall contain such terms and conditionsas will enable the city or county or such separate legal entity to retainoverall supervision and controlof the business, design, operating management, transportation, marketing,planning and research and development functions to be carried out or tobe performed by such private persons pursuant to such contract. Such contractsmay be entered into either on a negotiated or an open-bid basis, and thecity or county or such separate legal entity in its discretion may selectthe type of contract it deemsmost prudent to utilize considering the scope of work, the management complexitiesassociated therewith, the extent of current and future technological developmentrequirements and the best interests of the state.
(b) Private entities may construct, operate, maintain and own resourcerecovery facilities; form contracts to supply solid waste to the resourcerecovery facility or facilities; form contracts to market materials or energyrecovered from such facility or facilities; or utilize such facility orfacilities to conserve materials or energy by reducing the volume of solidwaste under the supervision of and with the approval of the city or countyor such separate legal entity,subject to the approval of the Kansas department of health and environment,and in accordance with the approved local solid waste management plan.
