KANSAS STATUTES AND CODES

65-3484. Same; conditions precedent to approval of application.

65-3484

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

65-3484. Same; conditions precedent to approval of application.(a) The secretary shall not approve any application unless theapplicant has feesimple titleto the property where thePCB disposalfacility is to be located, free of any liens, easements,covenants or any other encumbrances on the title.

(b) The secretary shall not approve the application, unless the secretaryfinds on thebasis of information submitted by the applicant or anyinterested party, that: (1) The proposed facility location: (A) Issuitable for the type and amount of PCB intended fortreatment or disposal at the facility;

(B) provides protection to the public health andsafety and environment of Kansas from the release of thePCB stored, treated or disposed of at the facility; and

(C) is situated a sufficient distance from populated residential areasand areas of urban residential growth to protect the public health andsafety, accessible by transportation routes that minimize a threat to thepublic health and safety, and to the environment and sufficient distancefrom parks, wilderness and recreation areas to prevent adverse impacts onthe public use and enjoyment of those areas.

(2) The proposed PCB disposal facilityhas no major adverse impact on either the public health and safety or theenvironment of adjacent lands.

(3) The owner, any parent company of the owner and the operator haveadequate financial and technical capability to properly construct andoperate the facility.

(4) The compliance history of the owner, including any parent companyof the owner, and the operator in owning and operating other similarfacilities, if any, indicates an ability and willingness to operate theproposed facility in compliance with state and federal law and anyconditions imposed on the licensee by the secretary.

History: L. 1986, ch. 226, § 5;L. 1992, ch. 192, § 11; July 1.