Title XVIII, Public Health

Catchline at repeal: Reports and records confidential -- Limits on use.

Catchline at repeal: Orders for cessation of violation -- Hearings.

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…

Catchline at repeal: Emergency orders for abatement.

Catchline at repeal: Exemption from regulations -- Application -- Granting -- Limitations on.

Catchline at repeal: Air pollution control commission, members, terms, qualifications, compensation, officers, personnel meetings.

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

Catchline at repeal: Powers generally.

Catchline at repeal: Cooperation with federal authorities -- Acceptance of federal funds -- Recommend projects -- Administer loans and grants.

(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…

or establish an alternate concentration limit. (1) A petition to delist hazardous waste shall be subject to and accompanied by payment to the cabinet of a two thousand five hundred dollar ($2,500) fee for each hazardous waste petitioned. (2) An applicant seeking to exempt a hazar…

storage, or disposal facility. (1) An applicant for a permit to construct or operate a hazardous waste treatment, storage, or disposal facility shall be subject to a filing fee by the cabinet in the amount of twenty percent (20%) of the permit review fee. (2) An applicant for a p…

treatment, storage, or disposal facility. (1) An applicant seeking to modify a permit to construct or operate a hazardous waste treatment, storage, or disposal facility shall be subject to a fee by the cabinet of three hundred dollars ($300) if the cabinet determines that the mod…

In the interest of protecting public health and the environment, the General Assembly of the Commonwealth of Kentucky hereby finds that it is the policy of the Commonwealth to encourage environmental leadership in pollution prevention by source reduction when technically feasible…

As used in KRS 224.46-315 to 224.46-325, "pollution prevention," shall mean in-plant practices, including, but not limited to, process modifications, feedstock substitutions, product reformulation management practices or housekeeping alterations, recycling within industrial proce…

duties of board. (1) There shall be established a Center for Pollution Prevention, which shall be a technical information and assistance office to be located at a state-owned university, which shall facilitate and promote the commercial implementation of pollution prevention tech…

The center shall: (1) Compile, organize, and make available for distribution information on pollution prevention technologies and procedures; (2) Compile, and make available for distribution to business and industry, a list of expert private consultants on pollution prevention te…

(1) The cabinet shall provide to the center copies of all annual waste reduction reports submitted under the Federal Resource Conservation and Recovery Act, as amended, and state solid and hazardous waste management administrative regulations. (2) The Department of Military Affai…

(1) There is established the pollution prevention fund, to be administered by the center under the direction of the board. The fund shall consist of money received from the hazardous waste management fund created by KRS 224.46-580 and any state or federal appropriations, donation…