UNOFFICIAL COPY 25 RS HB 371/GA
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HB037110.100 - 1191 - XXXX 3/4/2025 3:55 PM GA
AN ACT relating to solid waste management. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
ď˘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 HB 371/GA
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HB037110.100 - 1191 - XXXX 3/4/2025 3:55 PM GA
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 that is owned and[which is] operated[ 8
exclusively] by a solid waste generator and exclusively accepts industrial solid 9
waste generated from industrial activities of that generator that occur on the 10
same, continuous, or adjacent property, including where divided by a roadway, as 11
well as any additional industrial solid waste received from a corporate affiliate or 12
generated at another facility owned by the generator[on property owned by the 13
solid waste generator which accepts only industrial solid waste from the solid waste 14
generator or industrial solid waste generated at another facility owned and operated 15
by the generator or wholly-owned subsidiary]. 16