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KS HB2682
Bill
Status
2/4/2026
Primary Sponsor
Agriculture and Natural Resources
Click for details
AI Summary
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Enacts the Kansas Organic Waste Land Application Accountability Act, requiring commercial land spreaders to obtain a permit from the Secretary of Health and Environment before applying biosolids or organic waste to land, with detailed application requirements including site location, waste characterization, agronomic rate calculations, and odor/dust abatement plans.
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Establishes a mandatory 1,000-foot setback from any residence that cannot be waived by private agreement, and prohibits land application on frozen or saturated soils, during runoff-risk weather conditions, on native grasslands (absent secretary approval), and outside USDA federal crop insurance final planting dates.
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Requires land spreaders to pay for laboratory testing of pathogens, nutrients, heavy metals (per 40 C.F.R. Part 503), and PFAS compounds prior to each application event, with weekly composite sampling during active periods and quarterly PFAS testing, all under documented chain-of-custody procedures.
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Defines nuisance conditions broadly—including odor, dust, or vapor offensive to a reasonable person or detectable beyond site boundaries on a sustained basis—with complaints from multiple households creating a rebuttable presumption of nuisance; no proof of physical injury is required.
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Authorizes the Secretary of Health and Environment and counties to issue cease and desist orders and impose civil penalties of not less than $1,000 per day for violations, classifies willful violations as a class A misdemeanor, and grants counties concurrent enforcement authority including the power to adopt additional local restrictions such as zoning regulations.
Legislative Description
Enacting the Kansas organic waste land application accountability act and authorizing the department of health and environment to regulate the land application of biosolids and organic waste materials, except when applied by a bona fide farmer conducting normal farming operations on land owned or leased by such farmer.
Last Action
House Referred to Committee on Agriculture and Natural Resources
2/4/2026