Kentucky Statutes 224.43-010 – Policy and purpose — Priorities for solid waste management practices — Findings relating to solid waste management plans
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(1) It is hereby declared to be the policy of this Commonwealth and the purpose of this chapter to provide for the management of solid waste, including reduction, collection, transportation, and disposal in a manner that will protect the public health and welfare, prevent the spread of disease and creation of nuisances, conserve our natural resources, and enhance the beauty and quality of our environment.
(2) It is the policy of the Commonwealth to limit and reduce the amount of solid waste disposed in municipal solid waste disposal facilities in the Commonwealth through reduction in the amount of waste generated, reuse of solid waste, waste recycling or yard waste composting, and resource recovery, and to encourage a regional approach to solid waste management.
(3) It is the policy of the Commonwealth that municipal solid waste disposal facilities that ceased accepting waste before July 1, 1992, undergo proper closure, characterization, and corrective action.
(4) It is the policy of the Commonwealth that a comprehensive and integrated waste management system to handle solid waste is to be fostered. State policies and funding assistance shall reflect a preference for projects and practices consistent with the policies and goals established by this section and the following:
(a) Education of the citizens of the Commonwealth regarding proper disposal of waste;
(b) Collection and proper disposal of all of solid waste for proper management; (c) Elimination of illegal dumps throughout the Commonwealth; and
(d) Abatement of litter on state and county rights-of-way.
(5) It is the policy of the Commonwealth that existing illegal open dumps be eliminated and that new open dumps be prevented.
(6) The General Assembly finds that counties and waste management districts, when enabled by complete and accurate information relating to the municipal solid waste collection and management practices within the solid waste management area, are in the best position to make plans for municipal solid waste collection services for its citizens. The General Assembly also finds that assistance from the cabinet, combined with state financial incentives, can aid counties and waste management districts with implementing solid waste management plans.
(7) The General Assembly finds that the goal of reducing the amount of solid waste disposed of in municipal solid waste disposal facilities cannot be achieved without first identifying the amount of municipal solid waste generated statewide per capita, including the waste now disposed of in open dumps, and providing incentives for the elimination of existing open dumps and the prevention of new open dumps.
Effective: July 15, 2002
History: Amended 2002 Ky. Acts ch. 342, sec. 1, effective July 15, 2002. — Amended
1991 (1st Extra. Sess.) Ky. Acts ch. 12, sec. 2, effective February 26, 1991. — Amended 1978 Ky. Acts ch. 113, sec. 6, effective June 17, 1978. — Created 1972
(1st Extra. Sess.) Ky. Acts ch. 3, sec. 12, effective January 1, 1973.
Formerly codified as KRS § 224.830, and also previously codified as KRS § 224.250.
Legislative Research Commission Note (7/15/2002). A reference to “July 12, 1992” in subsection (3) of this statute as amended by 2002 Ky. Acts ch. 342, sec. 1, has been changed in codification to read “July 1, 1992,” to correct a manifest clerical or typographical error under KRS § 7.136(1)(h).
(2) It is the policy of the Commonwealth to limit and reduce the amount of solid waste disposed in municipal solid waste disposal facilities in the Commonwealth through reduction in the amount of waste generated, reuse of solid waste, waste recycling or yard waste composting, and resource recovery, and to encourage a regional approach to solid waste management.
Terms Used In Kentucky Statutes 224.43-010
- Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
- 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
- Closure: means the time at which a waste treatment, storage, or disposal facility permanently ceases to accept wastes, and includes those actions taken by the owner or operator of the facility to prepare the site for post-closure monitoring and maintenance or to make it suitable for other uses. See Kentucky Statutes 224.1-010
- Composting: means the process by which biological decomposition of organic solid waste is carried out under controlled aerobic conditions, and which stabilizes the organic fraction into a material which can easily and safely be stored, handled, and used in an environmentally acceptable manner:
(a) "Composting" may include a process which creates an anaerobic zone within the composting material. 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
- Manifest: means the form used for identifying the quantity, composition, and the origin, routing, and destination of waste during its transportation from the point of generation to the point of disposal, treatment, or storage. See Kentucky Statutes 224.1-010
- Municipal solid waste: means household solid waste and commercial solid waste. See Kentucky Statutes 224.1-010
- Recycling: means any process by which materials which would otherwise become solid waste are collected, separated, or processed and reused or returned to use in the form of raw materials or products, including refuse-derived fuel when processed in accordance with administrative regulations established by the cabinet, but does not include the incineration or combustion of materials for the recovery of energy. 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.
- Transportation: means any off-site movement of waste by any mode, and any loading, unloading, or storage incidental thereto. 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
(3) It is the policy of the Commonwealth that municipal solid waste disposal facilities that ceased accepting waste before July 1, 1992, undergo proper closure, characterization, and corrective action.
(4) It is the policy of the Commonwealth that a comprehensive and integrated waste management system to handle solid waste is to be fostered. State policies and funding assistance shall reflect a preference for projects and practices consistent with the policies and goals established by this section and the following:
(a) Education of the citizens of the Commonwealth regarding proper disposal of waste;
(b) Collection and proper disposal of all of solid waste for proper management; (c) Elimination of illegal dumps throughout the Commonwealth; and
(d) Abatement of litter on state and county rights-of-way.
(5) It is the policy of the Commonwealth that existing illegal open dumps be eliminated and that new open dumps be prevented.
(6) The General Assembly finds that counties and waste management districts, when enabled by complete and accurate information relating to the municipal solid waste collection and management practices within the solid waste management area, are in the best position to make plans for municipal solid waste collection services for its citizens. The General Assembly also finds that assistance from the cabinet, combined with state financial incentives, can aid counties and waste management districts with implementing solid waste management plans.
(7) The General Assembly finds that the goal of reducing the amount of solid waste disposed of in municipal solid waste disposal facilities cannot be achieved without first identifying the amount of municipal solid waste generated statewide per capita, including the waste now disposed of in open dumps, and providing incentives for the elimination of existing open dumps and the prevention of new open dumps.
Effective: July 15, 2002
History: Amended 2002 Ky. Acts ch. 342, sec. 1, effective July 15, 2002. — Amended
1991 (1st Extra. Sess.) Ky. Acts ch. 12, sec. 2, effective February 26, 1991. — Amended 1978 Ky. Acts ch. 113, sec. 6, effective June 17, 1978. — Created 1972
(1st Extra. Sess.) Ky. Acts ch. 3, sec. 12, effective January 1, 1973.
Formerly codified as KRS § 224.830, and also previously codified as KRS § 224.250.
Legislative Research Commission Note (7/15/2002). A reference to “July 12, 1992” in subsection (3) of this statute as amended by 2002 Ky. Acts ch. 342, sec. 1, has been changed in codification to read “July 1, 1992,” to correct a manifest clerical or typographical error under KRS § 7.136(1)(h).