Kansas creates new category of solid waste disposal area

Kansas Governor Kathleen Sebelius yesterday signed State Bill 362 into law, establishing a new category of solid waste disposal area, defined as an “industrial facility.” This category encompasses all operations, processes and structures involved in the manufacture or production of goods, commodities, materials or other products located on or adjacent to an industrial site. Designed to clarify an existing law, SB 362 enables the Kansas Department of Health and Environment (KDHE) to issue permits to operate industrial landfills to corporate entities that operate but do not own landfills. The law will give operators the authority to conduct several key landfill activities while simultaneously requiring them to keep daily records and maintain an easement to the landfill property. Previously, only a landowner could apply for an industrial landfill permit.