Kentucky Statutes 147A.031 – Procedures for solid waste management conflict resolution
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(1) The Department for Local Government, in cooperation with cities, counties, waste management districts, waste industries, and the Energy and Environment Cabinet shall develop procedures designed to resolve conflicts resulting from municipal solid waste management facility siting and operation. The procedures shall address:
(a) Resolution of conflicts associated with multijurisdictional municipal solid waste management facilities, including the use of such techniques as negotiation, mediation, or arbitration to address issues, including but not limited to host community compensation and collection and disposal fees; and
(b) Resolution of issues, except those relating to permit conditions imposed by the cabinet, resulting from municipal solid waste management facility siting and operation, including the use of such techniques as negotiation, mediation, or arbitration to address concerns of those persons and landowners who are directly affected by the facility’s location and operation. Issues which may be addressed include but are not limited to the following:
1. Operational issues, such as hours of operation;
2. Recycling and composting efforts that may be implemented;
3. Protection of property values;
4. Traffic routing and road maintenance; and
5. Establishment of local advisory committees.
(2) The Department for Local Government shall adopt administrative regulations to implement the provisions of subsection (1) of this section.
(3) Nothing in this section shall be construed to abridge any rights or remedies provided by KRS Chapters 109 and 224, or at common law.
Effective:June 29, 2017
History: Amended 2017 Ky. Acts ch. 117, sec. 13, effective June 29, 2017. — Amended 2010 Ky. Acts ch. 24, sec. 136, effective July 15, 2010; and ch. 117, sec. 11, effective July 15, 2010. — Amended 2007 Ky. Acts ch. 47, sec. 72, effective June 26, 2007. — Amended 1998 Ky. Acts ch. 69, sec. 57, effective July 15, 1998. — Created 1991 (1st Extra. Sess.) Ky. Acts ch. 12, sec. 10, effective February 26, 1991.
(a) Resolution of conflicts associated with multijurisdictional municipal solid waste management facilities, including the use of such techniques as negotiation, mediation, or arbitration to address issues, including but not limited to host community compensation and collection and disposal fees; and
Terms Used In Kentucky Statutes 147A.031
- Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
(b) Resolution of issues, except those relating to permit conditions imposed by the cabinet, resulting from municipal solid waste management facility siting and operation, including the use of such techniques as negotiation, mediation, or arbitration to address concerns of those persons and landowners who are directly affected by the facility’s location and operation. Issues which may be addressed include but are not limited to the following:
1. Operational issues, such as hours of operation;
2. Recycling and composting efforts that may be implemented;
3. Protection of property values;
4. Traffic routing and road maintenance; and
5. Establishment of local advisory committees.
(2) The Department for Local Government shall adopt administrative regulations to implement the provisions of subsection (1) of this section.
(3) Nothing in this section shall be construed to abridge any rights or remedies provided by KRS Chapters 109 and 224, or at common law.
Effective:June 29, 2017
History: Amended 2017 Ky. Acts ch. 117, sec. 13, effective June 29, 2017. — Amended 2010 Ky. Acts ch. 24, sec. 136, effective July 15, 2010; and ch. 117, sec. 11, effective July 15, 2010. — Amended 2007 Ky. Acts ch. 47, sec. 72, effective June 26, 2007. — Amended 1998 Ky. Acts ch. 69, sec. 57, effective July 15, 1998. — Created 1991 (1st Extra. Sess.) Ky. Acts ch. 12, sec. 10, effective February 26, 1991.