§ 65-3401 Statement of policy
§ 65-3402 Definitions
§ 65-3405 Solid waste management plan required; solid waste management committee; process for adoption and revision of plan; contents of plan
§ 65-3406 Duties and functions of secretary; rules and regulations; exemption of certain solid waste disposal areas from certain requirements
§ 65-3407 Permits to construct, alter or operate solid waste processing facilities and solid waste disposal areas; requirements for closure and post-closure care
§ 65-3407a Special land use permit for operation of solid waste disposal area void, when
§ 65-3407b Application of subsection (i)(2) of 65-3407 and 65-3407a
§ 65-3407c Exemptions from permit requirement; rules and regulations; reports
§ 65-3408 Compliance with act by state institutions and agencies; permits; contracts
§ 65-3409 Unlawful acts; penalties
§ 65-3410 Cities or counties authorized to provide for collection and disposal of solid wastes or contract therefor; fees; adoption of regulations and standards
§ 65-3410a Cities; counties; solid waste plan restrictions
§ 65-3410b Solid waste report; secretary of health and environment; certain legislative committees
§ 65-3411 Orders to prevent pollution or hazard
§ 65-3412 Hearings in accordance with Kansas administrative procedure act; judicial review
§ 65-3413 Designation of local agency to act as agent of secretary
§ 65-3414 Enforcement by county or district attorney
§ 65-3415 Solid waste grants
§ 65-3415a Solid waste management fund
§ 65-3415b Solid waste tonnage fees
§ 65-3415e Fees on disposal at private disposal areas
§ 65-3415f Solid waste tonnage fees authorized to be imposed by counties; exceptions; collection and disposition of proceeds
§ 65-3416 Severability
§ 65-3416a Severability
§ 65-3416b Severability
§ 65-3417 Solid waste plans and programs; considerations; judicial review of secretary’s actions
§ 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
§ 65-3419 Violations of act; penalties; procedure; injunctions
§ 65-3421 Resource recovery facilities provided by cities or counties; contracts
§ 65-3423 Same; contracts with private persons for performance of certain functions; authority of private entities
§ 65-3424 Definitions
§ 65-3424a Restrictions on disposal
§ 65-3424b Permits and standards
§ 65-3424d Tax on new tire sales
§ 65-3424e Same; failure to pay tax; penalties
§ 65-3424g Waste tire management fund
§ 65-3424h Same; rules and regulations
§ 65-3424i Tire retailers; requirements
§ 65-3424k Abatement and enforcement actions by secretary
§ 65-3424l Vehicle tire disposal; hearings and review of orders and decisions of secretary
§ 65-3425 Plastic bottles and containers; labeling requirements; violations; penalties
§ 65-3426 Solid waste grants advisory committee
§ 65-3427 Limitation on number of employees for solid waste management
§ 65-3428 Plastic bulk merchandise container sales; definitions; requirements
§ 65-3429 Same; exceptions
§ 65-3430 Hazardous wastes; definitions
§ 65-3431 Duties and functions of secretary; standards; permits; fees
§ 65-3433 Permit, construction or modification of facility; duties of secretary
§ 65-3435 Same; conditions precedent to approval of application
§ 65-3437 Same; application for permits, contents; duties of secretary
§ 65-3438 Same; secretary’s decision on permit application; time period, extensions
§ 65-3439 Same; terms and conditions; revocation or suspension; appeals
§ 65-3440 Permit, revocation or suspension, hearing; judicial review
§ 65-3441 Unlawful acts; penalties
§ 65-3442 Same; vesting of title to hazardous waste; liability for cleanup costs
§ 65-3443 Prevention or removal of hazard or pollution
§ 65-3444 Violations of act; penalties
§ 65-3445 Protection from hazards; orders and injunctions; judicial review
§ 65-3446 Administrative penalties; procedure; hearing; judicial review
§ 65-3447 Administrative penalties; trade secrets; duties of secretary; disclosure of information
§ 65-3449 Same; notification of legislature and governor of site investigations for disposal of radioactive wastes; acquisition by state of physical sites, when; contracts by secretary for operation and closure of sites
§ 65-3450 Same; intervention of interested parties in civil actions
§ 65-3451 Same; time schedule for regulation of generators by secretary
§ 65-3452a Definition of hazardous substances
§ 65-3453 Authority of secretary concerning clean-up activities
§ 65-3454a Environmental response fund created; receipts and expenditures; subaccounts
§ 65-3455 Responsibility for payment of clean-up costs; actions to recover costs
§ 65-3456a Review of secretary’s actions or decisions
§ 65-3457a Existing law regarding oil and gas pollution not affected
§ 65-3458 Burial prohibited; exceptions; procedure
§ 65-3460 Voluntary local hazardous waste programs; duties of the secretary; rules and regulations; reports
§ 65-3471 Definitions
§ 65-3472 Immunity; exceptions
§ 65-3491 Hazardous waste management fund
§ 65-34,100 Kansas storage tank act; statement of legislative findings
§ 65-34,101 Same; citation of act
§ 65-34,102 Definitions
§ 65-34,103 Exceptions to application of act
§ 65-34,104 Same; notification to department of tank’s existence; form
§ 65-34,105 Rules and regulations
§ 65-34,106 Permit to construct, install, modify or operate storage tank
§ 65-34,107 Same; evidence of financial responsibility required; limitation of liability
§ 65-34,108 Enforcement of act; duties of owner or operator; records, reports, documents, other information
§ 65-34,109 Unlawful acts; penalties
§ 65-34,110 Same; licensure of tank installers and contractors; duties of secretary; examinations; inspections; unlawful acts, penalties; qualifications for licensure; reciprocal agreements; validity of license
§ 65-34,111 Same; denial, suspension or revocation of license, when
§ 65-34,112 Same; agreements between secretary and local governments or agencies thereof to act as secretary’s agent to carry out provisions of act
§ 65-34,113 Civil penalties and remedies for violations
§ 65-34,114 Underground petroleum storage tank release trust fund
§ 65-34,115 Liability for costs of corrective action
§ 65-34,117 Environmental assurance fee; disposition of proceeds
§ 65-34,118 Corrective action; duties of owners and operators; duties of secretary; consent agreement, contents
§ 65-34,119 Reimbursement from above ground and underground funds; conditions
§ 65-34,119a Retroactive reimbursement from underground fund
§ 65-34,120 Liability of state and its officers and employees limited; fund liability limits
§ 65-34,121 Annual report to governor and legislature
§ 65-34,122 Same; appeals from orders or decisions of secretary, procedure
§ 65-34,123 Funds abolished
§ 65-34,124 Same; effective date of K.S.A. 65-34,114 through 65-34,123
§ 65-34,125 Severability
§ 65-34,126 Third party liability insurance plan
§ 65-34,127 Severability
§ 65-34,128 Storage tank fee fund
§ 65-34,129 Aboveground petroleum storage tank release trust fund
§ 65-34,130 Retroactive reimbursement from aboveground fund
§ 65-34,131 UST redevelopment fund; expenditures
§ 65-34,132 UST redevelopment fund; reimbursement
§ 65-34,133 UST redevelopment fund compensation advisory board
§ 65-34,134 Abolishment of UST redevelopment fund and compensation advisory board
§ 65-34,135 Underground storage tank operators, training program; requirements
§ 65-34,136 Non-fuel flammable or combustible liquid aboveground storage tanks; duties of state fire marshal; civil penalties; annual report; rules and regulations
§ 65-34,137 Non-fuel flammable or combustible liquid aboveground storage tank system fund
§ 65-34,138 Underground storage tank systems; secondary containment
§ 65-34,139 Underground storage tank systems; replacement, reimbursement by secretary
§ 65-34,141 Kansas drycleaner environmental response act; citation of act
§ 65-34,142 Definitions
§ 65-34,143 Rules and regulations
§ 65-34,144 Unlawful acts; penalties
§ 65-34,145 Registration; fee; posting
§ 65-34,146 Trust fund; establishment; credits; expenditures
§ 65-34,147 Same; criteria for expenditures
§ 65-34,148 Same; uses of moneys in fund; powers of department owner’s liability, when; expenditure limit; deductible
§ 65-34,149 Liability limitations
§ 65-34,150 Environmental surcharge, gross receipts tax; disposition of proceeds
§ 65-34,151 Fee on purchase or acquisition of drycleaning solvent; disposition of proceeds
§ 65-34,152 Imposition of taxes and fees dependent on fund balance
§ 65-34,153 Review of secretary’s orders and decisions
§ 65-34,154 Annual report to legislature
§ 65-34,155 Severability
§ 65-34,161 Title and application
§ 65-34,162 Definitions
§ 65-34,163 Rules and regulations
§ 65-34,164 Voluntary application; application of other laws; eligible property
§ 65-34,165 Application; fee; action on; agreement; deposit; access to property; termination of agreement; fund, use and disposition of
§ 65-34,166 Remedial action; determination whether required; plan
§ 65-34,167 Same; alternatives; factors considered
§ 65-34,168 Plan; approval or disapproval; procedures; approval void, when; verification of implementation
§ 65-34,169 Determination no further action required; issuance; void, when
§ 65-34,171 Application of other laws; EPA involvement
§ 65-34,172 Plan; enforcement; use of information as basis of other enforcement actions
§ 65-34,173 Annual report
§ 65-34,174 Severability
§ 65-34,175 Environmental stewardship fund; expenditures
§ 65-34,176 Risk management program act; risk management fund, expenditures; rules and regulations
§ 65-34,177 Contaminated property redevelopment act; citation of act
§ 65-34,178 Same; definitions
§ 65-34,179 Same; eligibility
§ 65-34,180 Same; requirements by the department
§ 65-34,181 Same; fees
§ 65-34,182 Same; modification of CELR
§ 65-34,183 Same; department remedies for providing fraudulent information
§ 65-34,184 Same; contaminated property redevelopment fund
§ 65-34,185 Same; rules and regulations
§ 65-34,186 Same; remedies

Terms Used In Kansas Statutes > Chapter 65 > Article 34

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • CELR: means a certificate issued by the department that releases the purchaser from environmental liability for contamination existing at the time of issuance of the CELR on a property from actions taken by the bureau of environmental remediation under K. See Kansas Statutes 65-34,178
  • Chlorinated drycleaning solvent: means any drycleaning solvent which contains a compound which has a molecular structure containing the element chlorine. See Kansas Statutes 65-34,142
  • Clean rubble: means the following types of construction and demolition waste: Concrete and concrete products including reinforcing steel, asphalt pavement, brick, rock and uncontaminated soil as defined in rules and regulations adopted by the secretary. See Kansas Statutes 65-3402
  • Closure: means the permanent cessation of active disposal operations, abandonment of the disposal area, revocation of the permit or filling with waste of all areas and volume specified in the permit and preparing the area for the long-term care. See Kansas Statutes 65-3402
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Composting facility: means any facility that composts wastes and has a composting area larger than one-half acre. See Kansas Statutes 65-3402
  • Construction and demolition landfill: means a permitted solid waste disposal area used exclusively for the disposal on land of construction and demolition wastes. See Kansas Statutes 65-3402
  • Construction and demolition waste: means solid waste resulting from the construction, remodeling, repair and demolition of structures, roads, sidewalks and utilities; untreated wood and untreated sawdust from any source; treated wood from construction or demolition projects; small amounts of municipal solid waste generated by the consumption of food and drinks at construction or demolition sites, including, but not limited to, cups, bags and bottles; furniture and appliances from which ozone depleting chlorofluorocarbons have been removed in accordance with the provisions of the federal clean air act; solid waste consisting of motor vehicle window glass; and solid waste consisting of vegetation from land clearing and grubbing, utility maintenance, and seasonal or storm-related cleanup. See Kansas Statutes 65-3402
  • Construction related packaging: means small quantities of packaging wastes that are generated in the construction, remodeling or repair of structures and related appurtenances. See Kansas Statutes 65-3402
  • Contaminant: means such alteration of the physical, chemical or biological properties of any soils and waters of the state as will or is likely to create a nuisance or render such soils or waters potentially harmful, or injurious to public health, safety or welfare, or to the plant, animal or aquatic life of the state. See Kansas Statutes 65-34,162
  • Contract: A legal written agreement that becomes binding when signed.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Corrective action: means those activities described in subsection (a) of K. See Kansas Statutes 65-34,142
  • Corrective action plan: means a plan approved by the secretary to perform corrective action at a drycleaning facility. See Kansas Statutes 65-34,142
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Deed: is a pplied to an instrument conveying lands but does not imply a sealed instrument. See Kansas Statutes 77-201
  • Department: means the Kansas department of health and environment. See Kansas Statutes 65-3402
  • Designated city: means a city or group of cities which, through interlocal agreement with the county in which they are located, is delegated the responsibility for preparation, adoption or implementation of the county solid waste plan. See Kansas Statutes 65-3402
  • Discharge: means and includes leakage, seepage or other release. See Kansas Statutes 65-3471
  • Disposal: means the discharge, deposit, injection, dumping, spilling, leaking or placing of any solid waste into or on any land or water so that such solid waste or any constituent thereof may enter the environment or be emitted into the air or discharged into any water. See Kansas Statutes 65-3402
  • Drycleaning facility: means a commercial establishment that operates, or has operated in the past, in whole or in part for the purpose of cleaning garments or other fabrics utilizing a process that involves any use of drycleaning solvents. See Kansas Statutes 65-34,142
  • Drycleaning solvent: means any and all nonaqueous solvents used or to be used in the cleaning of garments and other fabrics at a drycleaning facility and includes but is not limited to perchloroethylene, also known as tetrachloroethylene, and petroleum-based solvents, and the products into which such solvents degrade. See Kansas Statutes 65-34,142
  • Drycleaning unit: means a machine or device which utilizes drycleaning solvents to clean garments and other fabrics and includes any associated piping and ancillary equipment and any containment system. See Kansas Statutes 65-34,142
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
  • Felony: A crime carrying a penalty of more than a year in prison.
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • Fund: means the drycleaning facility release trust fund. See Kansas Statutes 65-34,142
  • Generator: means any person who produces or brings into existence solid waste. See Kansas Statutes 65-3402
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. Source: OCC
  • Hazardous materials: means a substance or material which has been determined by the secretary of the United States department of transportation to be capable of posing an unreasonable risk to health, safety and property when transported in commerce and which has been so designated. See Kansas Statutes 65-3471
  • Household hazardous waste facility: means a facility established for the purpose of collecting, accumulating and managing household hazardous waste and may also include small quantity generator waste or agricultural pesticide waste, or both. See Kansas Statutes 65-3402
  • Immediate response to a release: means containment and control of a known release in excess of a reportable quantity and notification to the department within 48 hours of any known release in excess of a reportable quantity. See Kansas Statutes 65-34,142
  • Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
  • Industrial facility: includes all operations, processes and structures involved in the manufacture or production of goods, materials, commodities or other products located on, or adjacent to, an industrial site and is not limited to a single owner or to a single industrial process. See Kansas Statutes 65-3402
  • Industrial waste: means all solid waste resulting from manufacturing, commercial and industrial processes which is not suitable for discharge to a sanitary sewer or treatment in a community sewage treatment plant or is not beneficially used in a manner that meets the definition of recyclables. See Kansas Statutes 65-3402
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Intestate: Dying without leaving a will.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • Monitoring: means all procedures used to (1) systematically inspect and collect data on the operational parameters of a facility, an area or a transporter, or (2) to systematically collect and analyze data on the quality of the air, groundwater, surface water or soils on or in the vicinity of a solid waste processing facility or solid waste disposal area. See Kansas Statutes 65-3402
  • Month: means a calendar month, unless otherwise expressed. See Kansas Statutes 77-201
  • Municipal solid waste landfill: means a solid waste disposal area where residential waste is placed for disposal. See Kansas Statutes 65-3402
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Open dumping: means the disposal of solid waste at any solid waste disposal area or facility which is not permitted by the secretary under the authority of K. See Kansas Statutes 65-3402
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Owner: means any person who owns or leases, or has owned or leased, a drycleaning facility and who is or has been responsible for the operation of drycleaning operations at such drycleaning facility. See Kansas Statutes 65-34,142
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Person: means individual, partnership, firm, trust, company, association, corporation, individual or individuals having controlling or majority interest in a corporation, institution, political subdivision, state agency or federal department or agency. See Kansas Statutes 65-3402
  • Postclosure: means that period of time subsequent to closure of a solid waste disposal area when actions at the site must be performed. See Kansas Statutes 65-3402
  • Property: means real property. See Kansas Statutes 65-34,178
  • Purchaser: means any person who is acquiring property through purchase, foreclosure or default. See Kansas Statutes 65-34,178
  • Quorum: The number of legislators that must be present to do business.
  • Ranking minority member: The highest ranking (and usually longest serving) minority member of a committee or subcommittee.
  • real property: include lands, tenements and hereditaments, and all rights to them and interest in them, equitable as well as legal. See Kansas Statutes 77-201
  • Reclamation facility: means any location at which material containing a component defined as a hazardous substance pursuant to K. See Kansas Statutes 65-3402
  • Recyclables: includes , but is not limited to, paper, glass, plastic, municipal water treatment residues, as defined by K. See Kansas Statutes 65-3402
  • Release: means any spill, leak, emission, discharge, escape, leak or disposal of drycleaning solvent from a drycleaning facility into the soils or waters of the state. See Kansas Statutes 65-34,142
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Reportable quantity: means a known release of a chlorinated drycleaning solvent in excess of one quart over a 24-hour period or a known release of a nonchlorinated drycleaning solvent in excess of one gallon over a 24-hour period. See Kansas Statutes 65-34,142
  • Retailer: means any business that: (1) Is registered for purposes of the Kansas retailers sales tax act and provides drycleaning, or drycleaning and laundry, services to final consumers; or (2) has provided a drycleaning, or drycleaning and laundry, facility with a resale exemption certificate and is responsible for charging and collecting retailers' sales tax from final consumers of drycleaning or laundry services. See Kansas Statutes 65-34,142
  • road: include public bridges and may be construed to be equivalent to "county way" "county road" "common road" "state road" and "territorial road. See Kansas Statutes 77-201
  • Scrap material processing industry: means any person who accepts, processes and markets recyclables. See Kansas Statutes 65-3402
  • Scrap material recycling and processing facility: means a fixed location that utilizes machinery and equipment for processing only recyclables. See Kansas Statutes 65-3402
  • seal: includes an impression of the seal upon the paper alone, as well as upon wax or a wafer affixed to the paper. See Kansas Statutes 77-201
  • Secretary: means the secretary of health and environment. See Kansas Statutes 65-3402
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Site: means all areas and media to which environmental contamination or pollution has been released, transported or migrated. See Kansas Statutes 65-34,178
  • Sole ownership: The type of property ownership in which one individual holds legal title to the property and has full control of it.
  • Solid waste: means garbage, refuse, waste tires as defined by K. See Kansas Statutes 65-3402
  • Solid waste disposal area: includes all property described or included within any permit issued pursuant to K. See Kansas Statutes 65-3402
  • Solid waste management system: means the entire process of storage, collection, transportation, processing, and disposal of solid wastes by any person engaging in such process as a business, or by any state agency, city, authority, county or any combination thereof. See Kansas Statutes 65-3402
  • Solid waste processing facility: means incinerator, composting facility, household hazardous waste facility, waste-to-energy facility, transfer station, reclamation facility or any other location where solid wastes are consolidated, temporarily stored, salvaged or otherwise processed prior to being transported to a final disposal site. See Kansas Statutes 65-3402
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Kansas Statutes 77-201
  • Statute: A law passed by a legislature.
  • Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
  • Transfer station: means any facility where solid wastes are transferred from one vehicle to another or where solid wastes are stored and consolidated before being transported elsewhere, but shall not include a collection box provided for public use as a part of a county-operated solid waste management system if the box is not equipped with compaction mechanisms or has a volume smaller than 20 cubic yards. See Kansas Statutes 65-3402
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Undertaking: means a promise or security in any form where required by law. See Kansas Statutes 77-201
  • Waste-to-energy facility: means a facility that processes solid waste to produce energy or fuel. See Kansas Statutes 65-3402
  • Waters of the state: means all streams and springs, and all bodies of surface or groundwater, whether natural or artificial, within the boundaries of the state. See Kansas Statutes 65-3402