Kansas bill would require permits and testing for commercial waste spreading

Commercial land spreaders would need a state permit before applying biosolids or organic waste. This covers people or businesses paid to transport, distribute, apply, or manage land spreading. A farmer doing normal farming on land they own or lease is generally excluded only if the activity involves no third-party spreader, commercial waste brought from elsewhere, or nuisance. The permit must be obtained before land application begins.

Spreaders would have to test waste and follow limits on where and when they apply it. These rules cover land application by commercial spreaders; the stated normal farming exclusion applies only under the conditions described above. Testing would be required before each application event, with weekly sampling for ongoing or mixed waste operations and PFAS testing at least quarterly. Spreading would be barred within 1,000 feet of a home, on frozen or saturated soil, or when weather risks runoff. Native grassland use would require the secretary's finding that spreading would not harm native plants or increase invasive plants. Application must fall within federal crop planting dates. Crops used to set application amounts must be planted and harvested unless crop failure is documented and approved. Testing would occur before each application event. Ongoing or mixed waste operations would need weekly sampling, and PFAS testing at least quarterly.

Spreaders would have to prevent, reduce, and quickly address odors, dust, and other nuisances. These provisions concern nuisances caused by land application. A nuisance could be found when odors, gas, vapor, or dust offends a reasonable person, unreasonably interferes with nearby property, or is repeatedly or persistently detectable beyond the site. Physical injury would not be required. Complaints from multiple households would create a rebuttable presumption of a nuisance, which means the spreader could contest it.

State officials and counties could stop operations, impose penalties, and enforce the proposed rules. The secretary of the Kansas Department of Health and Environment and counties could act on land spreading covered by the proposed act. A willful violation could be a misdemeanor. Civil penalties of at least $1,000 per day and stop orders could also apply, subject to state administrative procedures. Counties could investigate complaints, inspect sites, collect samples, enforce the act, and adopt additional rules that do not conflict with it. Operations covered by a stop order could resume only after the official who issued it gives written authorization.