65-3415f. Solid waste tonnage fees authorized to be imposed by counties; exceptions; collection and disposition of proceeds.

65-3415f

Chapter 65.--PUBLIC HEALTH
Article 34.--SOLID AND HAZARDOUS WASTE

      65-3415f.   Solid waste tonnage fees authorized to be imposed by counties;exceptions; collection and disposition of proceeds.(a) As used in this section, terms have the meanings providedby K.S.A. 65-3402 and amendments thereto.

      (b)   In addition to any other fee provided by law, the board of countycommissioners of any county may impose, by resolution adopted pursuant to thissection, a solid waste tonnage fee for each ton or equivalent volume of solidwaste disposed of at any solid waste disposal area operated by such county.Such fees shall not apply to anysolid waste exempted from the state solid waste tonnage fee imposed by K.S.A.65-3415b, and amendments thereto.

      (c)   Fees imposed pursuant to this section shall be collected by thecountyand deposited in a special fund in the county treasury. All interest earned onmoneys in the fund shall also be deposited in the fund.If there is more than one solid waste disposal area in the county where feesare imposed pursuant to this section, a separate fund for each such disposalarea shall be maintained from the fees collected fromsuch disposal area.Money in the fund shall be used only for payment of costs of closure,postclosure actions and contamination remediation associated with the solidwaste disposal area until the secretary determines that all requirements forclosure, postclosure actions and contamination remediation associated with thedisposal area have been met.

      (d)   The board of county commissioners, by resolution, may modify,discontinueor reinstate the fee authorized by this section.

      (e)   Transfer or expenditure of moneys in a special fund provided for by thissection for any purpose other than authorized by this section is a class Anonperson misdemeanor and constitutes grounds for forfeiture of public office.

      (f)   If two or more counties jointly operate a solid waste disposal area, thefee provided for by this section on solid waste disposed of atsuch disposal area may be imposed, modified, discontinued or reinstated only ifa majority of the board of county commissioners of each county jointlyoperating the disposal areavotes to impose, modify, discontinue or reinstate the fee.

      History:   L. 1994, ch. 283, § 4;L. 1997, ch. 140, § 12;L. 2002, ch. 101, § 3; May 23.