Kentucky Statutes 109.0415 – Election on initial county solid waste management plan for counties without approved plan as of March 15, 1992
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(1) As to any county for which an initial county or area solid waste management plan was not approved by the cabinet as of March 15, 1992, a county solid waste management plan submitted to the cabinet shall not become effective if fifty-one percent (51%) of the registered voters eligible to vote in the last Presidential election sign and file a petition with the county clerk and the cabinet requesting submission of the plan to voter approval. The petition shall be filed within one hundred fifty (150) days of the fiscal court vote approving the plan.
(2) If the county clerk determines that the petition is in proper order, the clerk shall certify the petition to the fiscal court. The fiscal court shall direct that the question be placed before the voters at a special election held less than sixty (60) days from the certification of the petition. The fiscal court shall bear the costs of advertising and placing the question before the voters.
(3) The county clerk shall advertise the question as provided in KRS Chapter 424 and shall instruct the voters to vote “yes” or “no” on acceptance of the solid waste management plan. The results of the vote shall be certified to the fiscal court of the county and the cabinet. The cabinet shall not approve a county solid waste management plan if at least sixty (60) percent of those voting vote “no.”
(4) The provisions of this section shall not apply to any subsequent plan submitted by any county.
Effective: July 15, 2002
History: Amended 2002 Ky. Acts ch. 342, sec. 11, effective July 15, 2002. — Created
1992 Ky. Acts ch. 160, sec. 1, effective April 1, 1992.
(2) If the county clerk determines that the petition is in proper order, the clerk shall certify the petition to the fiscal court. The fiscal court shall direct that the question be placed before the voters at a special election held less than sixty (60) days from the certification of the petition. The fiscal court shall bear the costs of advertising and placing the question before the voters.
Terms Used In Kentucky Statutes 109.0415
- area: means any geographical area established or, designated by the cabinet in accordance with the provisions of KRS Chapter
224. See Kentucky Statutes 109.012 - Cabinet: means the Energy and Environment Cabinet. See Kentucky Statutes 109.012
- Solid waste: means any garbage, refuse, sludge, and other discarded material, including solid, liquid, semisolid, or contained gaseous material resulting from industrial, commercial, mining (excluding coal mining waste, coal mining by-
products, refuse and overburden), agricultural operations, and from community activities, but does not include those materials including but not limited to sand, soil, rock, gravel, or bridge debris extracted as part of a public road construction project funded wholly or in part with state funds, recovered material, post-use polymers or recovered feedstocks as those terms are defined in KRS §. See Kentucky Statutes 109.012
(3) The county clerk shall advertise the question as provided in KRS Chapter 424 and shall instruct the voters to vote “yes” or “no” on acceptance of the solid waste management plan. The results of the vote shall be certified to the fiscal court of the county and the cabinet. The cabinet shall not approve a county solid waste management plan if at least sixty (60) percent of those voting vote “no.”
(4) The provisions of this section shall not apply to any subsequent plan submitted by any county.
Effective: July 15, 2002
History: Amended 2002 Ky. Acts ch. 342, sec. 11, effective July 15, 2002. — Created
1992 Ky. Acts ch. 160, sec. 1, effective April 1, 1992.