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Session of 2026
HOUSE BILL No. 2682
By Committee on Agriculture and Natural Resources
Requested by Representative Fairchild on behalf of Representative Barrett
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AN ACT concerning public health and the environment; relating to solid
waste; enacting the Kansas organic waste land application
accountability act; regulating the land application of biosolids and
organic waste materials, except when applied by a bona fide farmer
conducting normal farming operations on land owned or leased by such
farmer; establishing the permitting, testing, sampling, documentation,
setbacks, operational limitations, odor and dust abatement
requirements; defining nuisance conditions; authorizing the secretary of
health and environment or the applicable county to issue cease and
desist orders or impose civil penalties in response to any violation of
the act; authorizing counties to adopt additional restrictions and
investigate complaints, conduct inspections, collect samples and
enforce the act concurrently with the secretary.
Be it enacted by the Legislature of the State of Kansas:
Section 1. Sections 1 through 10, and amendments thereto, shall be
known and may be cited as the Kansas organic waste land application
accountability act.
Sec. 2. As used in this act, unless the context requires otherwise:
(a) "Act" means the Kansas organic waste land application
accountability act.
(b) "Biosolids" means treated sewage sludge that has been generated
from a wastewater treatment facility and is intended for land application.
(c) "Chain of custody" means written documentation that tracks a
sample from collection through laboratory analysis, including sampler
identity, date and time of collection, sample preservation methods,
temperature control and laboratory receipt.
(d) "Frozen soil" means soil containing ice at any depth that restricts
infiltration or nutrient uptake.
(e) "Industrial waste residuals" means residual solids, sludges or
liquid byproducts from industrial or commercial processes, including food-
processing operations, whether generated on site or collected from
multiple generators.
(f) "Land application" means the spraying, spreading, injecting,
incorporation or placement of biosolids or organic waste onto or into the
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land surface by a land spreader.
(g) (1) "Land spreader" means any person or entity that transports,
distributes, applies or manages land spreading for compensation or as a
commercial service.
(2) "Land spreader" does not include a bona fide farmer conducting
normal farming operations.
(h) (1) "Normal farming operation" means customary agricultural
practices conducted by a farmer on land owned or leased by such farmer.
(2) "Normal farming operation" does not include the commercial
importation, sale, commingling or third-party application of biosolids or
organic waste generated off site.
(i) "Organic waste" means residual waste materials, including, but not
limited to, food-processing wastewater residuals, sludges and similar
byproducts intended for land application as a soil amendment.
(j) "PFAS" means perfluoroalkyl and polyfluoroalkyl substances,
including, but not limited to, perfluorooctanoic acid and perfluorooctane
sulfonate.
(k) (1) "Residence" means a dwelling intended for human habitation,
including homes, apartments and manufactured housing.
(2) "Residence" does not include agricultural outbuildings.
(l) "Saturated soil" means soil at or above field capacity such that
additional liquid application would reasonably result in runoff, ponding or
off-site movement.
(m) "Secretary" means the secretary of the department of health and
environment.
Sec. 3. (a) No land spreader shall conduct land applications in this
state without first obtaining a land application permit issued by the
secretary.
(b) Each permit application shall include:
(1) Site location and acreage;
(2) source identification for all waste generators contributing to the
material;
(3) characterization of the waste, including whether materials are
commingled from multiple generators;
(4) agronomic rate calculations supported by crop type, realistic yield
goals and planting dates;
(5) a proposed application schedule;
(6) an odor and dust abatement plan;
(7) certification that land application shall not occur within 1,000 feet
of a residence;
(8) a waste sampling and analysis plan, including sampling frequency
and chain-of-custody procedures;
(9) a documentation and recordkeeping plan for manifests, bills of
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lading, waste volumes and transport records.
Sec. 4. (a) (1) Land application of biosolids or organic waste by a
land spreader shall not occur within 1,000 feet of any residence.
(2) Such setback requirement shall not be waived by private
agreement.
(b) Land application shall be prohibited on frozen or saturated soils.
(c) Land application shall be prohibited when weather conditions
reasonably indicate risk of runoff, ponding or off-site movement.
(d) Land application shall not occur on native grasslands unless the
secretary determines, based on agronomic evidence, that such application
will not degrade native species composition or increase invasive species.
(e) Land application shall only occur within the United States
department of agriculture federal crop insurance final planting dates that
are applicable to the county and crop.
(f) Crops used to justify agronomic rate calculations shall be planted
and harvested unless crop failure is documented and approved by the
secretary.
Sec. 5. (a) Prior to each land application event, the land spreader shall
obtain laboratory testing, at the land spreader's own expense, for:
(1) Pathogens;
(2) nutrients, including nitrogen, phosphorus and potassium;
(3) heavy metals that are regulated under 40 C.F.R. part 503; and
(4) PFAS compounds.
(b) (1) Sampling shall occur prior to each application event.
(2) For ongoing operations or commingled waste streams, composite
sampling shall occur not less than weekly during active application
periods.
(3) PFAS testing shall occur not less than quarterly.
(c) All samples shall be collected under documented chain-of-custody
procedures consistent with analytical methods that have been approved by
the United States environmental protection agency, including required
temperature control and holding times.
(d) The secretary may conduct independent confirmation testing at
the land spreader's expense.
(e) The secretary or any county may require submission of bills of
lading, manifests, generator identification, waste volumes and transport
records necessary to verify compliance.
(f) Any material exceeding contaminant limits established by rule
shall be prohibited from land application until compliance is demonstrated.
(g) (1) The secretary may require baseline and ongoing groundwater or
surface water monitoring where land application poses a risk to water
resources.
(2) Such monitoring costs shall be paid by the land spreader.
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Sec. 6. (a) (1) Land spreaders shall conduct operations in a manner
that prevents, minimizes and promptly abates nuisances.
(2) The secretary or any county may impose operational restrictions
to reduce nuisances caused by land applications.
(b) (1) A nuisance exists when odor, gas, vapor, dust or particulate
matter from land application:
(A) Is offensive to a person of reasonable sensibilities;
(B) unreasonably interferes with the use or enjoyment of nearby
property; or
(C) is detectable beyond the site boundary on a sustained or recurring
basis.
(2) Proof of physical injury shall not be required to establish the
existence of a nuisance.
(3) Nuisance determinations may be based on resident complaints,
official observations or repeated odor events.
(4) Complaints from multiple households create a rebuttable
presumption of an existing nuisance.
Sec. 7. (a) (1) Any person who willfully violates any provision of this
act or any rules and regulations adopted thereunder is guilty of a class A
misdemeanor.
(2) In addition or in lieu of such criminal penalty and subject to the
requirements of the Kansas administrative procedure act the secretary or
the applicable county may:
(A) Issue a cease and desist order; and
(B) impose civil penalties of not less than $1,000 per day.
(b) Continuing violations shall constitute separate offenses.
(c) (1) Any county may investigate complaints, conduct inspections,
collect samples and enforce this act concurrently with the secretary.
(2) Any county may adopt additional restrictions, including zoning or
land-use regulations, if such restrictions do not conflict with this act.
(3) State permitting shall not preempt county enforcement authority.
(d) If a cease and desist order is issued under this section, such
operations shall not resume until written authorization is issued by the
issuer of such order.
Sec. 8. This act shall not apply to normal farming operations
conducted by a farmer on land owned or leased by such farmer if the
activity does not involve third-party land spreaders, commercial waste
importation or creation of a nuisance.
Sec. 9. (a) The secretary shall adopt rules and regulations necessary
to implement this act.
(b) Nothing in this act shall limit the authority of the secretary to
adopt additional or more stringent regulations if such regulations are
adopted in accordance with the Kansas administrative procedure act and
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do not conflict with this act.
Sec. 10. The provisions of this act are severable. If any portion of this
act is held by a court to be unconstitutional or invalid, or the application of
any portion of this act to any person or circumstance is held by a court to
be unconstitutional or invalid, the invalidity shall not affect other portions
of this act that can be given effect without the invalid portion or
application, and the applicability of such other portions of this act to any
person or circumstance remains valid and enforceable.
Sec. 11. This act shall take effect and be in force from and after its
publication in the statute book.
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