(a) The provisions of this act, except the provisions of subsection (b) of Kan. Stat. Ann. § 65-1,230, and amendments thereto, shall not apply to solid waste disposal areas which are issued permits pursuant to Kan. Stat. Ann. § 65-3407, and amendments thereto, or which receive authorization from the secretary for unpermitted disposal pursuant to Kan. Stat. Ann. § 65-3407c, and amendments thereto, provided that the owner of each such solid waste disposal area establishes environmental use controls for the area, subject to approval by the department, by executing and filing a restrictive covenant on the property deed.

(b) The provisions of this act shall not apply to confined feeding facilities as defined in Kan. Stat. Ann. § 65-171d, and amendments thereto.