Kentucky Statutes 224.10-105 – Additional powers of cabinet as to solid waste management
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In addition to its other powers, the cabinet shall have the following powers:
(1) In cooperation with waste management districts, area development districts, or counties, to determine what entities are required to submit a solid waste management plan;
(2) To review, approve, disapprove, develop upon failure to receive, and require amendment of solid waste management plans. A plan shall be approved if it meets requirements specified by KRS Chapters 109 and 224, and administrative regulations adopted by the cabinet, and if it is consistent with the statewide solid waste reduction and management plan;
(3) To issue, continue in effect, revoke, modify, suspend, deny, or condition permits for municipal solid waste management facilities as necessary to implement any provisions of KRS Chapter 224, administrative regulations adopted by the cabinet, the area solid waste management plan or the statewide solid waste reduction and management plan, or applicable zoning regulations adopted pursuant to KRS Chapter 100, or pending approval of the plans, to meet solid waste disposal capacity needs of the area and to assure disposal capacity for solid waste generated in Kentucky;
(4) To limit the amount, by weight or volume, of waste that may be accepted for disposal by municipal solid waste facilities in the Commonwealth, consistent with the requirements of KRS Chapter 224 and administrative regulations adopted by the cabinet, to implement provisions of the statewide solid waste reduction and management plan, or the area solid waste management plan, or as otherwise necessary to assure capacity for disposal of waste generated in the Commonwealth or to protect the environment and the health and welfare of the citizens of the Commonwealth. The cabinet may take into account such factors as:
(a) Operation of the facility in accordance with the most stringent standards adopted in administrative regulations pursuant to KRS Chapter 224;
(b) The nature of any groundwater or surface water problems associated with operation of the facility;
(c) The need for the facility to serve the solid waste management needs of the area in which the facility is located;
(d) The nature of any existing contracts for disposal held by the facility; and
(e) The compliance history of the facility;
(5) To take any actions consistent with KRS Chapter 224, administrative regulations adopted by the cabinet, the statewide solid waste reduction and management plan, and the area solid waste management plan as reasonably necessary to assure that there is sufficient capacity for disposal of waste generated in the Commonwealth and the solid waste management area, and to protect the environment and the health and welfare of the citizens of the Commonwealth; and
(6) To disapprove a grant or loan for a municipal solid waste management facility which is not consistent with the statewide waste reduction and management plan or the area solid waste management plan.
Effective: February 26, 1991
History: Created 1991 (1st Extra. Sess) Ky. Acts ch. 12, sec. 14, effective February 26,
1991.
Formerly codified as KRS § 224.0335.
(1) In cooperation with waste management districts, area development districts, or counties, to determine what entities are required to submit a solid waste management plan;
Terms Used In Kentucky Statutes 224.10-105
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- area: means any geographical area established or designated by the cabinet in accordance with the provisions of this chapter. See Kentucky Statutes 224.1-010
- Cabinet: means the Energy and Environment Cabinet. See Kentucky Statutes 224.1-010
- Disposal: means the discharge, deposit, injection, dumping, spilling, leaking, or placing of any waste into or on any land or water so that such waste or any constituent thereof may enter the environment or be emitted into the air or discharged into any waters, including ground waters. See Kentucky Statutes 224.1-010
- Municipal solid waste: means household solid waste and commercial solid waste. See Kentucky Statutes 224.1-010
- Solid waste management: means the administration of solid waste activities: collection, storage, transportation, transfer, processing, treatment, and disposal, which shall be in accordance with a cabinet-approved county or multicounty solid waste management plan. See Kentucky Statutes 224.1-010
- Solid waste management facility: means any facility for collection, storage, transportation, transfer, processing, treatment, or disposal of solid waste, whether such facility is associated with facilities generating such wastes or otherwise, but does not include a container located on property where solid waste is generated and which is used solely for the purpose of collection and temporary storage of that solid waste prior to off-site disposal, or a recovered material processing facility or advanced recycling facility, both of which are otherwise subject to regulation pursuant to this chapter for control of environmental impacts and to prevent any public nuisance. See Kentucky Statutes 224.1-010
- Waste: means :
(a) "Solid waste" means any garbage, refuse, sludge, and other discarded material, including solid, liquid, semi-solid, or contained gaseous material resulting from industrial, commercial, mining (excluding coal mining wastes, 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, tire-derived fuel, special wastes as designated by KRS §. See Kentucky Statutes 224.1-010
(2) To review, approve, disapprove, develop upon failure to receive, and require amendment of solid waste management plans. A plan shall be approved if it meets requirements specified by KRS Chapters 109 and 224, and administrative regulations adopted by the cabinet, and if it is consistent with the statewide solid waste reduction and management plan;
(3) To issue, continue in effect, revoke, modify, suspend, deny, or condition permits for municipal solid waste management facilities as necessary to implement any provisions of KRS Chapter 224, administrative regulations adopted by the cabinet, the area solid waste management plan or the statewide solid waste reduction and management plan, or applicable zoning regulations adopted pursuant to KRS Chapter 100, or pending approval of the plans, to meet solid waste disposal capacity needs of the area and to assure disposal capacity for solid waste generated in Kentucky;
(4) To limit the amount, by weight or volume, of waste that may be accepted for disposal by municipal solid waste facilities in the Commonwealth, consistent with the requirements of KRS Chapter 224 and administrative regulations adopted by the cabinet, to implement provisions of the statewide solid waste reduction and management plan, or the area solid waste management plan, or as otherwise necessary to assure capacity for disposal of waste generated in the Commonwealth or to protect the environment and the health and welfare of the citizens of the Commonwealth. The cabinet may take into account such factors as:
(a) Operation of the facility in accordance with the most stringent standards adopted in administrative regulations pursuant to KRS Chapter 224;
(b) The nature of any groundwater or surface water problems associated with operation of the facility;
(c) The need for the facility to serve the solid waste management needs of the area in which the facility is located;
(d) The nature of any existing contracts for disposal held by the facility; and
(e) The compliance history of the facility;
(5) To take any actions consistent with KRS Chapter 224, administrative regulations adopted by the cabinet, the statewide solid waste reduction and management plan, and the area solid waste management plan as reasonably necessary to assure that there is sufficient capacity for disposal of waste generated in the Commonwealth and the solid waste management area, and to protect the environment and the health and welfare of the citizens of the Commonwealth; and
(6) To disapprove a grant or loan for a municipal solid waste management facility which is not consistent with the statewide waste reduction and management plan or the area solid waste management plan.
Effective: February 26, 1991
History: Created 1991 (1st Extra. Sess) Ky. Acts ch. 12, sec. 14, effective February 26,
1991.
Formerly codified as KRS § 224.0335.