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KDHE outlines program to help counties clean illegal dump sites; county to identify candidate properties

5334889 ยท July 8, 2025
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Summary

A KDHE Bureau of Waste Management representative described a program that can pay up to $10,000 per illegal-dump site (75% KDHE, 25% local match, typically in-kind), said KDHE manages property-owner notices and that counties must consent to participation. Commissioners agreed to show KDHE staff candidate sites.

Toby (Kansas Department of Health and Environment, Bureau of Waste Management) told the Atchison County Commission on July 8 that KDHE'9s "legal dump" program can help counties remove accumulated solid waste from private properties when the local governing body gives consent.

"By state statute...it'9s at the consent of the local governing body," Toby said, explaining that KDHE cannot unilaterally require a county to participate. The program may pay up to $10,000 per site in KDHE funds and requires a 25% local match; Toby said the match is usually satisfied with in-kind county resources such as road-and-bridge equipment and staff.

How the program works

- Funding and match: KDHE pays up to 75% of eligible cleanup costs (up to $10,000 per site); the county provides a 25% match, typically met with county employees and equipment recorded at FEMA standard rates (time-and-a-half for labor when KDHE reimburses).

- KDHE handles owner contact and notices: The agency said it will send the required notices, attempt voluntary compliance and โ€” only if necessary โ€” issue an administrative order and pursue enforcement through KDHE legal staff in Topeka. Toby said KDHE prefers voluntary compliance and usually allows multiple months for a property owner to remove recyclable material or otherwise demonstrate progress.

- Permitted disposal and documentation: Anything removed must go to permitted facilities; KDHE requires receipts (landfill or recycler) and on-site KDHE presence while cleanup occurs. County staff or contractors working the site provide the in-kind match and may be reimbursed under contract terms.

- Scope limitations: KDHE'9s legal-dump program targets accumulated solid waste. It does not pay for demolition of buildings, routine code-enforcement appearance violations, or junk-vehicle cleanups that fall under other state authorities. Larger environmental (brownfield) contamination would be handled by other state remediation programs.

Next steps for Atchison County

Commissioners and staff agreed to identify candidate properties and to accompany KDHE staff on a short tour after the meeting. Toby said the initial step is a nonbinding illegal-dump notification form; KDHE will then contact property owners, attempt voluntary compliance and bring the county into contract only when KDHE funds will be spent.

Ending

County staff said they will compile property referrals for KDHE review. Toby provided paper copies of the notification form and said KDHE will follow with contract paperwork only for sites that qualify and where KDHE funding will be expended.