Printable Format65-3401. Statement of policy. It is hereby declared that protection of the health and welfare of the citizens of Kansas requires the safe and sanitary disposal of solid wastes. The legislature finds that the lack of adequate state regulations and control of solid waste and solid waste management systems has resulted in undesirable and inadequate solid waste management practices that are detrimental to the health of the citizens of the state; degrade the quality of the environment; and cause economic loss. For these reasons it is the policy of the state to:
(a) Establish and maintain a cooperative state and local program of planning and technical and financial assistance for comprehensive solid waste management.
(b) Utilize the capabilities of private enterprise as well as the services of public agencies to accomplish the desired objectives of an effective solid waste management program.
(c) Require a permit for the operation of solid waste processing and disposal systems.
(d) Achieve and maintain status for the Kansas department of health and environment as an approved state agency for the purpose of administering federal municipal solid waste management laws and regulations.
(e) Encourage the wise use of resources through development of strategies that reduce, reuse and recycle materials.
History: L. 1970, ch. 264, § 1; L. 1992, ch. 316, § 1; L. 1997, ch. 140, § 1; July 1.
Law Review and Bar Journal References:
"Groundwater Pollution I: The Problem and the Law," Robert L. Glicksman, George Cameron Coggins, 35 K.L.R. 75, 158 (1986).
"Damage to Real Property: The Lay of the Land," Arthur E. Rhodes, 75 J.K.B.A. No. 9, 6 (2006).
Attorney General's Opinions:
Solid and hazardous waste; restrictions on local authorities. 84-39.
Solid waste processing facility or disposal area; permit; oil reclamation facility. 91-38.
Collection and disposal of solid waste by county; assessment and collection of fees. 95-21, 95-43.
County's use of home rule powers to establish a recycling program; procedure therefor. 2000-14.
Municipal water utility; city may require residents to connect to system. 2000-38.
City required to use county owned waste disposal facility; withdrawn and supplanted by 2003-16A. 2003-16.
CASE ANNOTATIONS
1. Mentioned where city discontinued water service; ordinance unconstitutional where no due process provisions incorporated therein. Donnelly v. City of Eureka, Kansas, 399 F. Supp. 64, 65.
2. County assessment of fees for solid waste management system held proper hereunder. Zerr v. Tilton, 224 Kan. 394, 581 P.2d 364.
3. This and following sections construed; city ordinances providing for termination of water service for nonpayment of refuse charges not authorized hereunder. Uhl v. Ness City, Kansas, 590 F.2d 839.
4. Secretary has authority to incorporate air pollution conditions within water pollution permit. Pork Motel, Corp. v. Kansas Dept. of Health & Environment, 234 Kan. 374, 380, 673 P.2d 1126 (1983).