Kentucky Statutes 109.120 – Rules and regulations of board — Different provisions for rulemaking in those counties containing a consolidated local government and those counties that do not
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(1) In counties not containing a consolidated local government, the board may adopt such rules and regulations as are necessary to carry out the purposes for which the waste management district was created and necessary for the adequate management of solid waste in a manner adequate to protect the public health and consistent with such rules and regulations as may be promulgated by the department.
(2) In counties containing a consolidated local government, all rules and regulations of the solid waste management district enacted from adoption of the most recent solid waste management plan prior to March 21, 2017, shall continue in full force and effect until the later of August 31, 2017, or the date on which a new solid waste management plan is approved by the department.
(3) In counties containing a consolidated local government, the board may adopt such rules and regulations as are necessary to carry out the purposes for which the waste management district was created and necessary for the adequate management of solid waste in a manner adequate to protect the public health and consistent with such rules and regulations as may be promulgated by the department. These rules and regulations shall not be enforceable within the boundaries of the city until approved by the legislative body of the city or, if outside of an incorporated municipality, the legislative body of the consolidated local government, where the rule or regulation is intended to apply. A city shall approve any rule or regulation if rejecting it would cause the city to be in violation of its approved solid waste management plan adopted in accordance with the provisions of KRS § 224.43-340 and KRS § 224.43-345.
(4) In counties containing a consolidated local government, a solid waste district shall be required to electronically make available on a Web site operated by the consolidated local government, all notices, meeting agendas, and meeting minutes.
Effective:March 21, 2017
History: Amended 2017 Ky. Acts ch. 105, sec. 3, effective March 21, 2017. — Amended 1982 Ky. Acts ch. 74, sec. 6, effective July 15, 1982. — Amended
1978 Ky. Acts ch. 115, sec. 11, effective June 17, 1978. — Created 1966 Ky. Acts ch. 66, sec. 7.
(2) In counties containing a consolidated local government, all rules and regulations of the solid waste management district enacted from adoption of the most recent solid waste management plan prior to March 21, 2017, shall continue in full force and effect until the later of August 31, 2017, or the date on which a new solid waste management plan is approved by the department.
Terms Used In Kentucky Statutes 109.120
- board: means the governing body of a solid waste management district. See Kentucky Statutes 109.012
- City: means an existing city of any class. See Kentucky Statutes 109.012
- Local government: means a city, county, urban-county government, charter county government, consolidated local government, or unified local government or a solid waste management district created pursuant to KRS Chapter 109. 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 - Waste management district: means any county or group of counties electing to form under the provisions of KRS §. See Kentucky Statutes 109.012
(3) In counties containing a consolidated local government, the board may adopt such rules and regulations as are necessary to carry out the purposes for which the waste management district was created and necessary for the adequate management of solid waste in a manner adequate to protect the public health and consistent with such rules and regulations as may be promulgated by the department. These rules and regulations shall not be enforceable within the boundaries of the city until approved by the legislative body of the city or, if outside of an incorporated municipality, the legislative body of the consolidated local government, where the rule or regulation is intended to apply. A city shall approve any rule or regulation if rejecting it would cause the city to be in violation of its approved solid waste management plan adopted in accordance with the provisions of KRS § 224.43-340 and KRS § 224.43-345.
(4) In counties containing a consolidated local government, a solid waste district shall be required to electronically make available on a Web site operated by the consolidated local government, all notices, meeting agendas, and meeting minutes.
Effective:March 21, 2017
History: Amended 2017 Ky. Acts ch. 105, sec. 3, effective March 21, 2017. — Amended 1982 Ky. Acts ch. 74, sec. 6, effective July 15, 1982. — Amended
1978 Ky. Acts ch. 115, sec. 11, effective June 17, 1978. — Created 1966 Ky. Acts ch. 66, sec. 7.