Kentucky Statutes 224.40-315 – Requirements for acceptance and approval of permits to construct or expand municipal solid waste disposal facility
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(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 area in which the facility is or will be located concerning the consistency of the application with the area solid waste management plan submitted under KRS
224.43-345(1)(a) to (d) and (l) until January 1, 1993, and the entire plan after January 1, 1993. The governing body for the area shall, within sixty (60) days of receipt of a written request, make the determination after public notice and opportunity for public comment and public hearing. For applications with a notice of intent filed prior to February 26, 1991, the cabinet shall continue to process the application but no permit shall be approved until the governing body for the solid waste management area in which the facility is or will be located has made a determination in accordance with this section.
(2) No permit to construct or expand a municipal solid waste disposal facility shall be approved unless the applicant affirmatively demonstrates and the cabinet makes a written finding in the preliminary determination made pursuant to KRS
224.40-310(2) that the application conforms to and is consistent with all of the following:
(a) The capacity needs identified in the area solid waste management plan; (b) Other elements of the area solid waste management plan, for permit
applications filed after approval of those elements;
(c) The statewide solid waste reduction and management plan, for permit applications filed after completion of the plan; and
(d) Applicable zoning regulations adopted pursuant to KRS Chapter 100.
(3) If the cabinet approves a permit to construct or expand a municipal solid waste management facility after the governing body for the area has determined the application to be inconsistent with the area solid waste management plan, as part of the written finding the cabinet shall state in detail the reasons why it did not accept the determination of the governing body for the area.
(4) For the purposes of this section, the term municipal solid waste disposal facility includes, in addition to those facilities defined in KRS § 224.1-010(14), any residual or contained landfill or incinerator disposing of industrial solid waste for a fee, but does not include a waste site or facility which is operated exclusively by a solid waste generator on property owned by the solid waste generator which accepts only industrial solid waste from the solid waste generator or industrial solid waste generated at another facility owned and operated by the generator or wholly-owned subsidiary.
Effective:June 29, 2017
History: Amended 2017 Ky. Acts ch. 117, sec. 22, effective June 29, 2017. — Created 1991 (1st Extra. Sess.) Ky. Acts ch. 12, sec. 17, effective February 26,
1991.
Formerly codified as KRS § 224.856.
Legislative Research Commission Note (10/4/91). The reference to KRS
224.40-310(1) (formerly KRS § 224.855(1)) contained in subsection (2) of this statute has been changed by the Reviser of Statutes to KRS § 224.40-310(2),
pursuant to KRS § 7.136. The text of the subsection (1) of the former 224.855 became (2) by 1991 (First Extra. Sess.) Ky. Acts ch. 12, sec. 37.
224.43-345(1)(a) to (d) and (l) until January 1, 1993, and the entire plan after January 1, 1993. The governing body for the area shall, within sixty (60) days of receipt of a written request, make the determination after public notice and opportunity for public comment and public hearing. For applications with a notice of intent filed prior to February 26, 1991, the cabinet shall continue to process the application but no permit shall be approved until the governing body for the solid waste management area in which the facility is or will be located has made a determination in accordance with this section.
Terms Used In Kentucky Statutes 224.40-315
- 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
- Generator: means any person, by site, whose act or process produces waste. See Kentucky Statutes 224.1-010
- Governing body: means a county, a waste management district, an entity created pursuant to the Interlocal Cooperation Act, a taxing district created pursuant to the provisions of KRS §. See Kentucky Statutes 224.1-010
- Industrial solid waste: means solid waste generated by manufacturing or industrial processes that is not a hazardous waste or a special waste as designated by KRS §. See Kentucky Statutes 224.1-010
- Municipal solid waste: means household solid waste and commercial solid waste. See Kentucky Statutes 224.1-010
- Municipal solid waste disposal facility: means any type of waste site or facility where the final deposition of any amount of municipal solid waste occurs, whether or not mixed with or including other waste allowed under Subtitle D of the Federal Resource Conservation and Recovery Act of 1976, as amended, and includes but is not limited to incinerators and waste-to-energy facilities that burn municipal solid waste and contained and residential landfills, but does not include an advanced recycling facility or a waste site or facility which is operated exclusively by a solid waste generator on property owned by the solid waste generator which accepts only industrial solid waste from the solid waste generator or industrial solid waste generated at another facility owned and operated by the generator or wholly-owned subsidiary, or a medical waste incinerator which is owned, operated, and located on the property of a hospital or university which is regulated by the cabinet and used for the purpose of treatment, prior to landfill, of medical waste received from the generator exclusively or in combination with medical waste generated by professionals or facilities licensed or regulated or operated by the Commonwealth. 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
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
- Statute: A law passed by a legislature.
- 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 - Waste site or facility: means any place where waste is managed, processed, or disposed of by incineration, landfilling, or any other method, 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 an advanced recycling facility, or the combustion of processed waste in a utility boiler. See Kentucky Statutes 224.1-010
(2) No permit to construct or expand a municipal solid waste disposal facility shall be approved unless the applicant affirmatively demonstrates and the cabinet makes a written finding in the preliminary determination made pursuant to KRS
224.40-310(2) that the application conforms to and is consistent with all of the following:
(a) The capacity needs identified in the area solid waste management plan; (b) Other elements of the area solid waste management plan, for permit
applications filed after approval of those elements;
(c) The statewide solid waste reduction and management plan, for permit applications filed after completion of the plan; and
(d) Applicable zoning regulations adopted pursuant to KRS Chapter 100.
(3) If the cabinet approves a permit to construct or expand a municipal solid waste management facility after the governing body for the area has determined the application to be inconsistent with the area solid waste management plan, as part of the written finding the cabinet shall state in detail the reasons why it did not accept the determination of the governing body for the area.
(4) For the purposes of this section, the term municipal solid waste disposal facility includes, in addition to those facilities defined in KRS § 224.1-010(14), any residual or contained landfill or incinerator disposing of industrial solid waste for a fee, but does not include a waste site or facility which is operated exclusively by a solid waste generator on property owned by the solid waste generator which accepts only industrial solid waste from the solid waste generator or industrial solid waste generated at another facility owned and operated by the generator or wholly-owned subsidiary.
Effective:June 29, 2017
History: Amended 2017 Ky. Acts ch. 117, sec. 22, effective June 29, 2017. — Created 1991 (1st Extra. Sess.) Ky. Acts ch. 12, sec. 17, effective February 26,
1991.
Formerly codified as KRS § 224.856.
Legislative Research Commission Note (10/4/91). The reference to KRS
224.40-310(1) (formerly KRS § 224.855(1)) contained in subsection (2) of this statute has been changed by the Reviser of Statutes to KRS § 224.40-310(2),
pursuant to KRS § 7.136. The text of the subsection (1) of the former 224.855 became (2) by 1991 (First Extra. Sess.) Ky. Acts ch. 12, sec. 37.