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AN ACT relating to solid waste management. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 224.40-315 is amended to read as follows: 3
(1) No permit to construct or expand a municipal solid waste disposal facility shall be 4
accepted for processing by the cabinet unless the application contains a 5
determination from the governing body for the solid waste management area in 6
which the facility is or will be located concerning the consistency of the application 7
with the area solid waste management plan submitted under KRS 224.43-345(1)(a) 8
to (d) and (l) until January 1, 1993, and the entire plan after January 1, 1993. The 9
governing body for the area shall, within sixty (60) days of receipt of a written 10
request, make the determination after public notice and opportunity for public 11
comment and public hearing. For applications with a notice of intent filed prior to 12
February 26, 1991, the cabinet shall continue to process the application but no 13
permit shall be approved until the governing body for the solid waste management 14
area in which the facility is or will be located has made a determination in 15
accordance with this section. 16
(2) No permit to construct or expand a municipal solid waste disposal facility shall be 17
approved unless the applicant affirmatively demonstrates and the cabinet makes a 18
written finding in the preliminary determination made pursuant to KRS 224.40-19
310(2) that the application conforms to and is consistent with all of the following: 20
(a) The capacity needs identified in the area solid waste management plan; 21
(b) Other elements of the area solid waste management plan, for permit 22
applications filed after approval of those elements; 23
(c) The statewide solid waste reduction and management plan, for permit 24
applications filed after completion of the plan; and 25
(d) Applicable zoning regulations adopted pursuant to KRS Chapter 100. 26
(3) If the cabinet approves a permit to construct or expand a municipal solid waste 27 UNOFFICIAL COPY 25 RS BR 1191
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management facility after the governing body for the area has determined the 1
application to be inconsistent with the area solid waste management plan, as part of 2
the written finding the cabinet shall state in detail the reasons why it did not accept 3
the determination of the governing body for the area. 4
(4) For the purposes of this section, the term municipal solid waste disposal facility 5
includes, in addition to those facilities defined in KRS 224.1-010(14), any residual 6
or contained landfill or incinerator disposing of industrial solid waste for a fee, but 7
does not include a waste site or facility which is operated exclusively by a solid 8
waste generator on property owned by that[the] solid waste generator which 9
accepts only industrial solid waste generated on or adjacent to that property 10
by[from] the solid waste generator and any[or] industrial solid waste generated at 11
another facility owned and operated by the generator or wholly-owned subsidiary. 12
Section 2. KRS 224.43-345 is amended to read as follows: 13
(1) Each area solid waste management plan shall be prepared in accordance with any 14
administrative regulations of the cabinet and shall be required to include the 15
following: 16
(a) Identification of the area that will be included in the plan; 17
(b) A demographic study of the planning area of current and projected 18
populations five (5), ten (10) and twenty (20) years in the future. A projection 19
of the amount and source of solid waste generated, collected, and requiring 20
disposal at municipal solid waste disposal facilities for each of these time 21
periods shall be provided; 22
(c) An inventory and description of all existing solid waste management facilities 23
and activities. The description shall include their identity, location, life 24
expectancies, ownership, cost to the users, and level of compliance with state 25
and federal laws. The description is not required to include any solid waste 26
management facility which is operated exclusively by a solid waste generator 27 UNOFFICIAL COPY 25 RS BR 1191
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on property owned by the solid waste generator for the purpose of accepting 1
solid waste from the solid waste generator or waste generated at another 2
facility owned and operated by the generator or wholly owned subsidiary. 3
After commencement of operation by a solid waste generator of a solid waste 4
disposal facility which is permitted but not included in a solid waste 5
management plan, an amendment to a solid waste management plan shall be 6
required for any solid waste which is to be no longer disposed by the solid 7
waste generator in its own solid waste disposal facility; 8
(d) An estimate of the area's long-range needs for solid waste management and 9
facilities for five (5), ten (10), and twenty (20) years into the future; 10
(e) Identification and assessment of current and future solid waste management 11
problems faced by the area. List any deficiencies with existing solid waste 12
management facilities in meeting current and future area needs, and identify 13
opportunities for improvement; 14
(f) Outline short-term, mid-term, and long-term goals and objectives of the solid 15
waste management area. The goals and objectives shall be consistent with the 16
policies and goals set out in KRS 224.43-010; 17
(g) Based on the problems, needs, goals, and objectives previously identified, 18
identify alternative approaches to solid waste management and select the 19
optimal alternatives. Solid waste management activities and facilities to be 20
addressed include: 21
1. Identification of those regulations and ordinances which provide for 22
proper, safe, and sanitary management of solid waste; 23
2. A description of proposed improvements to existing solid waste 24
collection and transportation systems necessary to achieve universal 25
collection; 26
3. Establishment of a siting procedure and development program to assure 27 UNOFFICIAL COPY 25 RS BR 1191
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the orderly location, development, and financing of new or expanded 1
municipal solid waste management facilities. The plan shall demonstrate 2
how all persons in the planning area will within the near future have 3
reasonable opportunity to dispose of their waste in a manner that 4
complies with state and federal laws; 5
4. Identification of planned programs for the control and cleanup of litter 6
and open dumps. The programs shall include: identification of an 7
approved schedule for the cleanup of open dumps in existence as of 8
October 1, 2002; an annual survey of the planning area to discover new 9
open dumps which shall then be scheduled for cleanup within one (1) 10
year unless the cabinet approves a longer schedule; measures to prevent 11
the recurrence of dumping at sites which are cleaned up; cleanup of litter 12
along public roads three (3) times per year; and cleanup of litter along 13
city streets two (2) times per year. In these public road cleanups and also 14
open dump cleanups, nonviolent misdemeanant and Class D felon 15
inmate laborers may be used. A county that does not receive in any year 16
an allocation from the Kentucky pride fund sufficient to complete the 17
number of road cleanups provided for in this section shall not be deemed 18
out of compliance; 19
5. An assessment of opportunities to reduce the need for land disposal by 20
banning grass clippings, leaves, and other yard wastes from municipal 21
solid waste disposal facilities and the institution of composting 22
operations for grass clippings, leaves, and other yard wastes; 23
6. Establishment of a plan to reduce the need for land disposal through 24
waste reduction and recycling, materials recovery, and energy recovery 25
and the provision of opportunities for recycling that may include, but are 26
not limited to, drop-off centers or door-to-door collection. Where 27 UNOFFICIAL COPY 25 RS BR 1191
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recycling or material recovery is not deemed feasible, specific factual 1
analysis shall be provided to support the conclusion; and 2
7. A description of any proposed recycling, materials recovery, or energy 3
recovery plan or facility; 4
(h) A five (5) year schedule and description of activities to be undertaken to 5
implement the proposed plan; 6
(i) A description of short-term costs of the plan including capital and operational 7
costs for each element of the plan, and the identification of the means of 8
financing plan implementation; 9
(j) Designation of the governing body for implementation of the solid waste 10
management plan or components of the plan. A description of its 11
responsibilities and authority shall be provided; 12
(k) A description of proposed surveillance and enforcement procedures to assure 13
that solid waste in the planning area is properly managed. Identification of 14
modifications to local laws and regulations necessary to implement the area 15
plan; 16
(l) Specific provisions to assure that adequate capacity for a ten (10) year period 17
shall be available for municipal solid waste generated in the solid waste 18
management area, and identification of any additional capacity authorized for 19
disposal of out-of-area municipal solid waste; 20
(m) A description of any capacity authorized for disposal of industrial solid 21
waste generated in or out-of-area at a municipal solid waste management 22
facility, as prescribed in subsection (4) of Section 1 of this Act; 23
(n) Contractual agreements for use of waste disposal capacity at any municipal 24
solid waste disposal facility inside or outside the waste management area 25
identified and relied upon in the plan; 26
(o)[(n)] Provisions to assure achievement of the policies and goals of KRS 27 UNOFFICIAL COPY 25 RS BR 1191
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224.43-010; and 1
(p)[(o)] Establishment of a public information and participation process 2
including the following components: 3
1. Formation of an advisory committee composed of local residents; 4
business and industry representatives; and, with respect to collection of 5
solid waste, representatives of any city that is located within the solid 6
waste management area, is not a designated city as defined in KRS 7
224.43-315(9), and is not located within a county containing a 8
consolidated local government; 9
2. Preparation of a draft plan for public notice and comment; 10
3. Convening of a public hearing upon request; and 11
4. Publication of a response to public comments. 12
(2) A solid waste management plan complying with subsection (1) of this section shall 13
be submitted to the cabinet by October 1, 2002, and updated every five (5) years 14
thereafter. The cabinet shall make its determination approving or disapproving a 15
plan within one hundred twenty (120) days of receipt. A plan on which the cabinet 16
has not yet made a determination shall remain in effect until the determination is 17
made. 18