Kan. Admin. Regs. § 28-29-85 - State solid waste tonnage fees

(a) General provisions. The operator of each solid waste disposal area in Kansas shall pay to the department a tonnage fee for each ton or equivalent volume of solid waste received and disposed of at the facility during the preceding reporting period. The fee shall be paid each reporting period until the facility no longer receives waste and begins departmentally approved closure activities. Municipal solid waste disposal areas receiving 50,000 tons or more of solid waste annually shall file the reports required by subsection (b) of this regulation and pay their tonnage fee monthly, on or before the last day of the following month. Municipal solid waste disposal areas receiving less than 50,000 tons of solid waste annually, and all other solid waste disposal areas shall file reports and pay their tonnage fee quarterly, on or before the last day of April, July, October and January.

(b) Certification and late fees. The operator of each solid waste disposal area shall certify, on a form provided by the department, the amount, source and type of solid waste received, processed, recycled, and disposed of during the preceding reporting period. Any operator failing to remit the appropriate tonnage fee and submit the report within 45 days after each reporting period shall pay a late processing fee of one and one-half percent per month on the unpaid balance from the date the fee was due until paid.

(c) Determination of waste tonnages.

(1) Operator estimates. The operator of each municipal solid waste disposal area that receives 50,000 tons or more of solid waste annually shall use actual weight records. The operator of each municipal solid waste disposal area that receives less than 50,000 tons of solid waste annually shall, subject to department approval, use one of the following methods for determining the number of tons of waste disposed of at the solid waste disposal area.

(A) The operator may use actual weight records.

(B) The operator may use actual volume records based upon direct aerial and field survey techniques, using the conversion factor of 1,000 pounds per cubic yard less a department approved deduction for cover material.

(C) The operator may use actual volume records based upon daily logs which record the source, type and measurement or estimate of each load using the conversion factors as specified in subsection (d) of this regulation.

(D) The operator of a landfill serving one county or an identifiable population of less than 20,000 may use a per capita waste generation rate charge equivalent of .8 ton per person per year. This generation rate may only be used during calendar year 1993. This method may be used after December 31, 1993, only with specific departmental approval.

(2) Other disposal site estimates. All other solid waste disposal sites shall, subject to departmental approval, use one of the methods provided in paragraph (c)(1)(A), (c)(1)(B) or (c)(1)(C) of this regulation.

(3) Departmental estimates. The department may estimate the number of tons received at a solid waste disposal area. The estimate may be based upon the number of tons received and reported for the previous reporting period, or any other recognized method.

(d) Payment calculation. The solid waste tonnage fee of $1.50 per ton shall be calculated on department forms. If volume records are used, the following volume to weight factors shall be used to calculate tonnage unless the operator demonstrates to the department that a different conversion factor is appropriate.

Municipal solid waste (as delivered)

Residential/commercial

loose 325 pounds/cubic yard

compacted 650 pounds/cubic yard

Industrial

general 330 pounds/cubic yard

liquids/sludges 8.3 pounds/gallon

Construction demolition 1,250 pounds/cubic yard

(e) Exemptions. The state solid waste tonnage fee shall not apply to non-hazardous waste that is received at a solid waste disposal area, and recycled, reclaimed or reused. Such items include scrap and composted wastes.

Notes

Kan. Admin. Regs. § 28-29-85

Authorized by K.S.A. 1993 Supp. 65-3406, as amended by L. 1994, Ch. 283, sec. 2; implementing K.S.A. 1993 Supp. 65-3415b; effective, T-28-3-15-93, March 15, 1993; effective May 17, 1993; amended Aug. 28, 1995.