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Session of 2025
HOUSE BILL No. 2064
By Committee on Agriculture and Natural Resources
Requested by Leo Henning on behalf of the Department of Health and
Environment
1-22
AN ACT concerning the department of health and environment; relating to
solid waste disposal; removing the current solid waste permit exception
for the disposal of solid waste generated by drilling oil and gas wells
through the practice of land-spreading; amending K.S.A. 65-3407c and
repealing the existing section.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 65-3407c is hereby amended to read as follows: 65-
3407c. (a) The secretary may authorize persons to carry out the following
activities without a solid waste permit issued pursuant to K.S.A. 65-3407,
and amendments thereto:
(1) Dispose of solid waste at a site where the waste has been
accumulated or illegally dumped. Disposal of some or all such waste must
be identified as an integral part of a site cleanup and closure plan
submitted to the department by the person responsible for the site. No
additional waste may be brought to the site following the department's
approval of the site cleanup and closure plan.
(2) Perform temporary projects to remediate soils contaminated by
organic constituents capable of being reduced in concentration by
biodegradation processes or volatilization, or both. Soil to be treated may
be generated on-site or off-site. A project operating plan and a site closure
plan must be submitted to the department as part of the project approval
process.
(3) Dispose of demolition waste resulting from demolition of an
entire building or structure if such waste is disposed of at, adjacent to or
near the site where the building or structure was located. Prior to the
department's authorization, written approval for the disposal must be
obtained from the landowner and the local governmental or zoning
authority having jurisdiction over the disposal site. The disposal area must
be covered with a minimum of two feet of soil and seeded, rocked or
paved. The final grades for the disposal site must be compatible with and
not detract from the appearance of adjacent properties. In addition to the
factors listed in subsection (b), the secretary shall consider the following
when evaluating requests for off-site disposal of demolition waste:
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(A) Public safety concerns associated with the building or structure
proposed to be demolished.
(B) Proposed plans to redevelop the building site which would be
impacted by on-site disposal of debris.
(C) The disposal capacity of any nearby permitted landfill.
(4) Dispose of solid waste generated as a result of a transportation
accident if such waste is disposed of on property adjacent to or near the
accident site. Prior to the department's authorization, written approval for
the disposal must be obtained from the landowner and the local
governmental or zoning authority having jurisdiction over the disposal
site. A closure plan must be submitted to the department as part of the
authorization process.
(5) Dispose of whole unprocessed livestock carcasses on property at,
adjacent or near where the animals died if: (A) Such animals died as a
result of a natural disaster or their presence has created an emergency
situation; and (B) proper procedures are followed to minimize threats to
human health and the environment. Prior to the department's authorization,
written approval for the disposal must be obtained from the landowner and
the local governmental or zoning authority having jurisdiction over the
disposal site.
(6) Dispose of solid waste resulting from natural disasters, such as
storms, tornadoes, floods and fires, or other such emergencies, when a
request for disposal is made by the local governmental authority having
jurisdiction over the area. Authorization shall be granted by the department
only when failure to act quickly could jeopardize human health or the
environment. Prior to the department's authorization, written approval for
the disposal must be obtained from the landowner and the local
governmental or zoning authority having jurisdiction over the disposal
site. The local governmental authority must agree to provide proper
closure and postclosure maintenance of the disposal site as a condition of
authorization.
(7) Store solid waste resulting from natural disasters, such as storms,
tornadoes, floods and fires, or other such emergencies, at temporary waste
transfer sites, when a request for storage is made by the local
governmental authority having jurisdiction over the area. Authorization
shall be granted by the department only when failure to act quickly could
jeopardize human health or the environment. Prior to the department's
authorization, written approval for the storage must be obtained from the
landowner and the local governmental or zoning authority having
jurisdiction over the storage site. The local governmental authority must
agree to provide proper closure of the storage and transfer site as a
condition of authorization.
(8) (A) Dispose of solid waste generated by drilling oil and gas wells
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HB 2064 3
by land-spreading in accordance with best management practices and
maximum loading rates established in rules and regulations adopted by the
secretary.
(B) For any area that annually receives more than 25 inches of
precipitation, as determined by the department, any solid waste disposed
of by land-spreading shall be incorporated into the soil. No land-spreading
shall occur on any area where the water table is less than 10 feet or on any
area where there is documented groundwater contamination as determined
by the department.
(C) (i) Each separate land-spreading location shall require submission
of an application to land-spread drilling waste, complete with all
information required on the application form developed by the secretary.
The contents of the application form shall include, but are not limited to,
the land-spreading location, soil characteristics, waste characteristics,
waste volumes, drilling mud additives, land-spreading method and post-
land-spreading report. A separate land-spreading application and a post-
land-spreading report shall be submitted for each location.
(ii) For the purposes of protecting the health, safety and property of
the people of the state, and preventing surface and subsurface water
pollution and soil pollution detrimental to public health or to the plant,
animal and aquatic life of the state, a land-spreading application may not
be approved for the same location unless a minimum of three years has
passed since the previous land spreading occurred.
(iii) A fee of $250 shall be paid to the state corporation commission
with each drilling waste land-spreading application. The fee shall be
remitted to the state treasurer in accordance with K.S.A. 75-4215, and
amendments thereto, to be credited to the conservation fee fund.
(D) The secretary and the state corporation commission shall enter
into a memorandum of agreement for the purposes of:
(i) Administering the land-spreading application and approval
process;
(ii) monitoring compliance; and
(iii) establishing mechanisms for enforcement and remedial actions.
(E) The seller of any property where land-spreading has occurred
within the previous three years pursuant to this paragraph shall disclose
such land-spreading and the date thereof to any potential purchaser of such
property prior to closing.
(F) On or before January 1, 2014, the secretary, in coordination with
the state corporation commission, shall adopt rules and regulations
governing land-spreading of waste generated by drilling oil and gas wells.
In developing such rules and regulations, the secretary and the state
corporation commission shall seek advice and comments from
groundwater management districts and other groups or persons
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knowledgeable and experienced in areas related to this paragraph.
(G) On or before January 30 of each year, the state corporation
commission, in coordination with the Kansas department of health and
environment, shall present a report to the senate standing committees on
natural resources, utilities and ways and means and to the house standing
committees on agriculture and natural resources, energy and environment
and appropriations. Such report shall include, but not be limited to,
information concerning the implementation and status of land-spreading
procedures and the costs associated with the regulation of land-spreading
pursuant to this paragraph.
(b) The secretary shall consider the following factors when
determining eligibility for an exemption to the solid waste permitting
requirements under this section:
(1) Potential impacts to human health and the environment.
(2) Urgency to perform necessary work.
(3) Costs and impacts of alternative waste handling methods.
(4) Local land use restrictions.
(5) Financial resources of responsible parties.
(6) Technical feasibility of proposed project.
(7) Technical capabilities of persons performing proposed work.
(c) The secretary may seek counsel from local government officials
prior to exempting activities from solid waste permitting requirements
under this section.
Sec. 2. K.S.A. 65-3407c is hereby repealed.
Sec. 3. This act shall take effect and be in force from and after its
publication in the statute book.
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