Title XVIII, Public Health

for registration renewal -- Exception -- Inspection of state vehicles. (1) A compliance certificate shall be issued for each vehicle which meets and passes the annual inspection requirements. An exemption certificate may be issued under conditions adopted by the issuing authority…

(1) The cabinet shall establish the fee required to be paid for an emission inspection. The fee may cover all costs of implementing KRS 224.20-710 to 224.20-765. (2) The fee charged for issuance of a compliance certificate or an exemption certificate shall be collected with the m…

(1) There is hereby created within the State Treasury a trust and agency fund which shall not lapse to be known as the "Vehicle Emission Control Fund," which shall consist of: (a) Money appropriated by the General Assembly; (b) All money remitted by county clerks which is collect…

(1) The cabinet may prescribe, by administrative regulation, for vehicle emission control, standards for use of a fuel or fuel additive in a vehicle or vehicle engine the use of which fuel would damage or render ineffective a control system installed on the vehicle. (2) The cabin…

(1) The cabinet may enter into an agreement with one (1) or more independent contractors, subject to public bidding, to provide for the construction, equipment, establishment, maintenance, and operation of official vehicle emission inspection stations in the numbers and locations…

The cabinet may acquire in the name of the Commonwealth by purchase, donation, dedication, or other lawful means any special equipment, tools, materials, or facilities needed to adequately administer, investigate, or enforce KRS 224.20-710 to 224.20-765.

(1) Any registered owner or lessee of a fleet of vehicles may apply to the cabinet for a permit to establish at his own expense a fleet inspection station. The cabinet shall not issue any fleet inspection station permit until it has found that the applicant: (a) Maintains an esta…

(1) A county fiscal court may apply to the cabinet for authority to operate a vehicle emission control program. The cabinet may delegate authority when it has found that the applicant: (a) Has obtained approved machinery, tools, and equipment approved by the cabinet and adequate …

provisions -- Prohibition against inspection of motorcycles -- Reciprocal certificates. (1) Except as provided in subsections (2), (3), and (4) of this section, the provisions of KRS 224.20-710 to 224.20-765 shall not detract from the authority provided air pollution control dist…

(1) A person shall not be guilty of a criminal offense for failure to obtain a valid compliance or exemption certificate. (2) A person convicted of knowingly violating any statutory provision of, or administrative regulation promulgated under KRS Chapter 13A to implement, KRS 224…

motor vehicles that are identical to standards established by the State of California. An agency, department, air pollution control district, or political subdivision of the Commonwealth, including the Transportation Cabinet, shall not adopt or enforce standards relating to contr…

All local governments may develop, adopt, and maintain a comprehensive program of noise regulation. A program may include a study of the noise problems resulting from uses and activities within its jurisdiction and the development and adoption of a noise control plan.

prohibited. No person shall modify the exhaust system of a motor vehicle in a manner which will amplify or increase the noise emitted by the motor of such vehicle, above that emitted by the muffler originally installed on the vehicle and the original muffler shall comply with all…

dump prohibited -- Exception -- Compliance with regulations required -- Damages for noncompliance -- Ordinances against open dumping. (1) No person shall transport to or dispose of waste at any site or facility other than a site or facility for which a permit for waste disposal h…

solid waste disposal facilities -- Administrative regulations. (1) The cabinet may accept the mechanisms for financial assurance for closure, post- closure care, and corrective action for solid waste disposal facilities allowed under federal administrative regulations promulgated…

demolition waste at sites initially no larger than one acre -- Requirements for increase of size of site to no more than two acres. (1) The cabinet shall permit the off-site disposal of construction or demolition waste at a site initially no larger than one (1) acre if, as a mini…

No person shall establish, construct, operate, maintain, or permit the use of a waste site or facility without first having obtained a permit from the cabinet pursuant to this chapter and administrative regulations adopted by the cabinet.

permits -- Necessity of approval of hazardous waste facilities by local units of government -- Exceptions -- Procedures for applications to construct solid waste landfills. (1) For purposes of this section, "waste disposal facility" means a contained landfill; construction/demoli…

expand municipal solid waste disposal facility. (1) No permit to construct or expand a municipal solid waste disposal facility shall be accepted for processing by the cabinet unless the application contains a determination from the governing body for the solid waste management ar…

Burden of proof -- Requirement for specific findings. (1) The cabinet shall establish by administrative regulation a time frame for the review and issuance or denial of applications for a solid waste management facility permit or modification. (2) The applicant shall have the bur…

Failure on the part of any applicant to demonstrate financial responsibility to construct and operate the waste site or facility in accordance with the administrative regulations promulgated by the cabinet shall be the grounds for denial of a permit.

Exemptions -- Cabinet's authority to establish other grounds. (1) The cabinet may revoke, modify, suspend, or deny a permit for a waste site or facility if the applicant, or any of its key personnel, has: (a) Intentionally misrepresented or concealed any material fact in the appl…

The Energy and Environment Cabinet shall not revoke, refuse to issue or refuse to renew permits to operators of solid waste disposal sites or facilities solely because the operator uses an incinerator for disposing of solid waste material. Provided, however, that the cabinet shal…

(1) The cabinet shall promulgate regulations which establish standards for the operator of any waste site or facility or portion thereof, whether publicly or privately owned, requiring such operators to do the following: (a) Attend a training session concerning the operation of t…

restoration fund -- Amendment of permit -- Successor operator -- Reclamation by intergovernmental cooperation. (1) Before the cabinet may issue a permit to operate a solid waste disposal facility, the operator shall file with the cabinet a bond payable to the Commonwealth of Kent…

Findings relating to solid waste management plans. (1) It is hereby declared to be the policy of this Commonwealth and the purpose of this chapter to provide for the management of solid waste, including reduction, collection, transportation, and disposal in a manner that will pro…

not be enforced. The cabinet shall not enforce any provision of this chapter relating to improper disposal of solid waste against an owner, occupant, or person having control or management of any land if the owner, occupant, or person is not the generator of the solid waste or is…

Exclusive venue for any appeal of a violation, determination, finding of noncompliance, or any other action of the Finance and Administration Cabinet, Energy and Environment Cabinet, or other state agency relating to any county, urban-county, charter county, consolidated local go…

agency -- Statewide solid waste reduction and management plan -- Annual reports. (1) The Energy and Environment Cabinet of the Commonwealth of Kentucky is designated as the official planning and management agency of the Commonwealth of Kentucky in the field of solid waste. The ca…

program -- Options -- Registration and report of persons providing collection services -- Annual report -- Performance contract -- Counties and agreements with designated cities -- Effect of failure to comply -- Exclusion. (1) Each county shall provide a universal collection prog…

(1) It shall be the responsibility of the owner or operator of each municipal solid waste disposal facility to keep an accurate written record of all amounts of solid waste measured in tons received at the facility. Measurement in tons of solid waste received shall be accomplishe…

Reporting -- Necessity of manifest for acceptance of waste. In order to assist in solid waste planning and management, to further the goals of waste reduction and recycling, and to assist in identification of parties in the event of environmental problems arising from the transpo…

solid waste management areas -- Enforcement representatives. (1) The cabinet shall promulgate administrative regulations pursuant to KRS Chapter 224 for the reduction and management of solid waste, consistent with the statewide solid waste reduction and management plan, the goals…

cabinet. (1) Each area solid waste management plan shall be prepared in accordance with any administrative regulations of the cabinet and shall be required to include the following: (a) Identification of the area that will be included in the plan; (b) A demographic study of the p…

(1) In addition to its other powers, the cabinet may suspend the authority of a municipal solid waste management facility to accept waste streams upon any of the following grounds: (a) The cabinet finds that any shipment of waste contains waste excluded by law from municipal soli…

permit. Within seven (7) days of issuing a notice of violation to a contained landfill operating as a municipal solid waste disposal facility as defined in KRS 224.1-010 for noncompliance with a condition of its permit issued by the Division of Waste Management where the noncompl…

Revision of limitation by cabinet. (1) Consistent with requirements of KRS Chapter 224, increases in the amount of waste from any geographic source permitted to be accepted by any municipal solid waste disposal facility shall not exceed more than five percent (5%) of the average …

with chapter. Each contract or renewal of existing contract for solid waste management in the Commonwealth shall be void to the extent that it conflicts with any provisions of this chapter.

Documentation -- Filing -- Effect. (1) No person shall transport or cause to be transported from outside the Commonwealth to a municipal solid waste management facility in the Commonwealth any waste unless each of the following persons, if not a resident of the Commonwealth at th…

Conversion formula -- Report. (1) As used in this section: (a) "Environmental remediation fee" means a one dollar and seventy-five cents ($1.75) fee paid per ton of waste by generators of waste and collected at transfer stations and waste disposal facilities that is in addition t…

dumps -- Recycling and household hazardous waste grants program -- Incentives and rewards -- Implementation costs. (1) A trust fund known as the Kentucky pride fund is hereby established in the State Treasury to receive money collected from environmental remediation fees establis…

The General Assembly of the Commonwealth of Kentucky hereby finds, determines, and declares, as follows: (1) That Congress enacted the Hazardous and Solid Waste Amendments of 1984 establishing a clear bias against the disposal of hazardous waste in or on the land, and prohibits l…

expansions of existing facilities -- Exemption -- Implementing procedures. (1) All new solid waste disposal facilities and horizontal expansions of existing solid waste disposal facilities, with the exception of construction/demolition or residual landfills, shall meet the design…

(1) It shall be the policy of the Commonwealth of Kentucky to encourage and promote the establishment of a regional integrated waste treatment and disposal demonstration facility which utilizes efficient, environmentally acceptable and commercially feasible technologies, techniqu…

The secretary of the Cabinet for Economic Development and the special assistant to the Governor for coal and energy policy, with the approval of the Governor and the Legislative Research Commission, may execute contracts pursuant to KRS 224.43-810. Effective:June 29, 2017

(1) A generator of hazardous waste required by KRS Chapter 224 to register with the cabinet shall be subject to an annual registration fee by the cabinet and the fee shall be equal to the cost of review but shall not exceed the following amounts: (a) For one (1) to five (5) waste…