Chapter 65, PUBLIC HEALTH

65-3424h. Same; rules and regulations. The secretary shall adopt such rules and regulations as necessary to administer and enforce the provisions of this act. History: L. 1990, ch. 319, § 9; July 1.

65-3424i. Tire retailers; requirements. (a) Except as provided by subsection (b), no tire retailer shall refuse to accept waste tires from customers. (b) A tire retailer may: (1) Ask customers if they wish to retain their old tires at the time of sale; (2) refuse to accept more t…

65-3424k. Abatement and enforcement actions by secretary. (a) The secretary may undertake appropriate abatement action and may enter into contracts for the abatement of illegal waste tires accumulations or illegally managed waste tires utilizing funds from the waste tire manageme…

65-3424l. Vehicle tire disposal; hearings and review of orders and decisions of secretary. (a) Any person adversely affected by any order or decision of the secretary pursuant to K.S.A. 65-3424 through 65-3424i, and amendments thereto, may, within 15 days of service of the order …

65-3425. Plastic bottles and containers; labeling requirements; violations; penalties. (a) As used in this section: (1) "Code" means a molded, imprinted or raised symbol. (2) "Person" means any individual, association, partnership, limited partnership, corporation or other entity…

65-3426. Solid waste grants advisory committee. (a) There is hereby established within the department of health and environment the solid waste grants advisory committee, which shall be composed of eight members as follows: (1) Seven members appointed by the governor, two of whom…

65-3427. Limitation on number of employees for solid waste management. The number of full-time and regular part-time positions equated to full-time, excluding seasonal and temporary positions, for the department of health and environment for any solid waste management programs an…

65-3428. Plastic bulk merchandise container sales; definitions; requirements. (a) As used in this section: (1) "Plastic bulk merchandise container" means a plastic crate, pallet or shell used by a product producer, distributor or retailer for the bulk transportation or storage of…

65-3429. Same; exceptions. Nothing in this act shall be construed to apply to plastic bulk merchandise containers collected by public or private recycling or refuse haulers as part of a municipal solid waste recycling or trash collection program where the plastic bulk merchandise…

65-3430. Hazardous wastes; definitions. As used in K.S.A. 65-3430 to 65-3447, and amendments thereto: (a) "Department" means the Kansas department of health and environment. (b) "Disposal" means the discharge, deposit, injection, dumping, spilling, leaking or placing of any hazar…

65-3431. Duties and functions of secretary; standards; permits; fees. The secretary is authorized and directed to: (a) Adopt such rules and regulations, standards and procedures relative to hazardous waste management as may be necessary to protect the public health and environmen…

65-3433. Permit, construction or modification of facility; duties of secretary. (a) After the effective date of this act, no person shall modify or construct an off-site hazardous waste facility without a permit issued by the secretary under this act. (b) Upon receipt of an appli…

65-3435. Same; conditions precedent to approval of application. The secretary shall not approve any application unless the applicant has fee simple title to the property where the facility is to be located, free of any liens, easements, covenants, or any other encumbrances on the…

65-3437. Same; application for permits, contents; duties of secretary. (a) No person shall construct, modify or operate a hazardous waste facility or otherwise dispose of hazardous waste within this state without a permit from the secretary. (b) The application for a permit shall…

65-3438. Same; secretary's decision on permit application; time period, extensions. The secretary shall make a final decision on a permit application within 240 days of the receipt of the application unless the time for such decision has been extended by the applicant in writing …

65-3439. Same; terms and conditions; revocation or suspension; appeals. (a) Permits for hazardous waste facilities shall be issued for fixed terms not to exceed 10 years. (b) Plans, designs and relevant data for the construction of hazardous waste facilities shall be prepared by …

65-3440. Permit, revocation or suspension, hearing; judicial review. Any person aggrieved by any order or denial of the secretary, may within 15 days of service of the order request in writing a hearing on the order. Hearings under this section shall be conducted in accordance wi…

65-3441. Unlawful acts; penalties. (a) It shall be unlawful for any person to: (1) Dump or deposit, or permit the dumping or depositing of, any hazardous waste regulated by this act into any facility which does not comply with the provisions of this act or rules or regulations, s…

65-3442. Same; vesting of title to hazardous waste; liability for cleanup costs. (a) Title to hazardous waste transported, stored, treated or disposed of in accordance with the provisions of this act and the rules and regulations and standards adopted thereunder, shall vest with …

65-3443. Prevention or removal of hazard or pollution. (a) If the secretary finds that the generation, accumulation, management or disposal of a hazardous waste by any person is causing or threatens to cause pollution of the land, air or waters of the state or is or threatens to …

65-3444. Violations of act; penalties. (a) A person who violates any provisions of this act, shall incur, in addition to any other penalty provided by law, a civil penalty in an amount not to exceed $25,000 for every such violation and, in the case of a continuing violation, ever…

65-3445. Protection from hazards; orders and injunctions; judicial review. (a) Notwithstanding any other provision of this act, upon receipt of information that the storage, transportation, treatment or disposal of any hazardous waste may present a substantial hazard to the healt…

65-3446. Administrative penalties; procedure; hearing; judicial review. (a) The secretary of the department of health and environment or the director of the division of environment, if designated by the secretary, upon a finding that a person has violated any provision of K.S.A. …

65-3447. Administrative penalties; trade secrets; duties of secretary; disclosure of information. Any person submitting any records, reports, documents, or information required by this act, may upon a showing satisfactory to the secretary, claim any portion of such record, report…

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. (a) No geologic investigation to determine the suitability o…

65-3450. Same; intervention of interested parties in civil actions. If the secretary, county or district attorney or attorney general brings a civil enforcement action pursuant to this act, any person who has an interest which is or may be adversely affected, upon timely applicat…

65-3451. Same; time schedule for regulation of generators by secretary. (a) Any person who generates a total of 2.2 pounds (one kilogram) or more of acutely hazardous waste, as defined by subsection (y) of K.S.A. 65-3430, and amendments thereto, in any calendar month shall be sub…

65-3452a. Definition of hazardous substances. As used in this act, unless the context clearly requires otherwise, "hazardous substances" shall have the meaning ascribed to such term by section 101 of the comprehensive environmental response, compensation and liability act of 1980…

65-3453. Authority of secretary to carry out the clean up of property to protect the public health or the environment; exception for certain property previously owned by the United States army. (a) The secretary shall have the power to: (1) Determine that the clean up of a site i…

65-3454a. Environmental response fund created; receipts and expenditures; subaccounts. (a) (1) There is hereby created the environmental response fund. All moneys received by the secretary as grants, gifts, bequests or state or federal appropriations to carry out remedial action …

65-3455. Responsibility for payment of clean-up costs; actions to recover costs. Except as provided by K.S.A. 65-3453(d), and amendments thereto, any person responsible for the discharge, abandonment or disposal of hazardous substances which the secretary determines is necessary …

65-3456a. Review of secretary's actions or decisions. (a) Any person adversely affected by any order or decision of the secretary may, within 15 days of service of the order or decision, request in writing a hearing. Hearings under this section shall be conducted in accordance wi…

65-3457a. Existing law regarding oil and gas pollution not affected. Nothing in this act shall be construed to affect any existing laws concerning activities relating to the protection of surface water and groundwater from oil and gas activities. History: L. 1988, ch. 256, § 6; J…

65-3458. Burial prohibited; exceptions; procedure. (a) The underground burial of hazardous waste produced by persons generating quantities of such waste greater than those specified in K.S.A. 65-3451, and amendments thereto, is prohibited except as provided by order of the secret…

65-3460. Voluntary local hazardous waste programs; duties of the secretary; rules and regulations; grants; hazardous waste collection fund; reports. (a) The secretary of health and environment may coordinate voluntary hazardous waste collection programs in order to: (1) Provide f…

65-3471. Definitions. When used in this act, the following words and phrases shall have the following meanings: (a) "Discharge" means and includes leakage, seepage or other release. (b) "Hazardous materials" means a substance or material which has been determined by the secretary…

65-3472. Immunity; exceptions. (a) Any person who renders assistance or advice concerning an emergency or accident involving threatened discharge of hazardous materials or the cleanup thereof shall not be liable for any civil damages for any acts or omissions at the scene of the …

65-3491. Hazardous waste management fund. (a) There is hereby created in the state treasury the hazardous waste management fund. (b) Subject to the provisions of subsection (c), moneys credited to the hazardous waste management fund may be expended for the following purposes: (1)…

65-34a01. Central interstate low-level radioactive waste compact. The central interstate low-level radioactive waste compact is hereby entered into and enacted into law in the form substantially as follows: ARTICLE I. POLICY AND PURPOSE The party states recognize that each state …

65-34a01a. Same; effective date. This act shall take effect and be in force from and after the date upon which the appropriate authority of the state of Nebraska issues a license or permit for the operation of a low-level radioactive waste disposal facility in the state of Nebras…

65-34a02. Central interstate low-level radioactive waste compact; Kansas representative and alternate; compensation and expenses; staff assistance. (a) The member of the central interstate low-level radioactive waste commission representing the state of Kansas and the alternate t…

65-34a04. Same; corporation commission designated agency for rate review. For purposes of article III of the central interstate low-level radioactive waste compact, the state corporation commission is hereby designated as the rate-review agency for the state of Kansas. History: L…

65-3501. Definitions. As used in this act, the following words and phrases shall have the meanings respectively ascribed to them in this section: (a) "Adult care home" means nursing facility, nursing facilities for mental health, intermediate care facilities for people with intel…

65-3502. Adult care home administrator's license required; temporary licenses, limitation. From and after the effective date of this act, no adult care home in the state shall be operated unless it is under the supervision of an administrator who holds a currently valid adult car…

65-3503. Duties of board of adult care home administrators; criminal history record information. (a) It shall be the duty of the board to: (1) Develop, impose and enforce standards that shall be met by individuals in order to receive a license as an adult care home administrator …

65-3504. Qualifications for admission to examination. (a) The board shall admit to examination for licensure as an adult care home administrator any candidate who pays a licensure and examination fee, if required, to the department for aging and disability services to be fixed by…

65-3505. Renewal of license; application, fee and evidence; reinstatement of license, fee; reciprocal relations with other states. (a) Every individual who holds a valid license as an administrator issued by the board shall apply to the board for renewal of such license in accord…

65-3506. Board of adult care home administrators; appointment of members; qualifications; term of office; meetings; final orders; compensation and expenses. (a) There is hereby established the board of adult care home administrators. The board shall be attached to the Kansas depa…

65-3507. Transfer to board of powers, duties and functions relating to licensure and registration of administrators. (a) All of the powers, duties and functions of the secretary for aging and disability services granted by K.S.A. 65-3501 to 65-3505, inclusive, and amendments ther…

65-3508. Denial, revocation or suspension of license or temporary license or reprimand, censure or other discipline of adult care home administrator; grounds. The license of an adult care home administrator or the temporary license of an adult care home administrator may be denie…