Kentucky Statutes 224.43-380 – Consent to service of transporters of out-of-state waste — Documentation — Filing — Effect
Current as of: 2024 | Check for updates
|
Other versions
(1) No person shall transport or cause to be transported from outside the Commonwealth to a municipal solid waste management facility in the Commonwealth any waste unless each of the following persons, if not a resident of the Commonwealth at the time the waste is transported, has first irrevocably consented in writing to the jurisdiction of the courts of the Commonwealth and service of process in the Commonwealth, including summons and subpoenas, for any civil or criminal proceeding arising out of or relating to the waste that is shipped to a facility in this state:
(a) Any person who actually transports the waste;
(b) The employer of the person who actually transports the waste;
(c) Any person acting as a broker or otherwise arranging or contracting for the transportation of the waste, with the exception of persons initially generating municipal solid waste; and
(d) Any person who has contracted with the owner or operator of the facility for management of the waste at that facility.
(2) The original of the consent-to-service document shall be filed with the cabinet. A copy shall be filed with the owner or operator of each municipal solid waste management facility to which the waste is transported. The original and each copy shall be sent by certified mail, return receipt requested, at least seven (7) days before the first shipment of waste to a waste site or facility in the Commonwealth in the year for which the document is filed. The document shall be updated to reflect any changes in circumstances and refiled.
(3) A person who enters the Commonwealth pursuant to a summons, subpoena, or other form of process authorized by this section is not subject to service of process in connection with nonrelated matters that arise before his entrance into the Commonwealth.
(4) No owner, operator, or employee of a municipal solid waste management facility shall accept for treatment, transfer, storage, or disposal at the facility any waste from outside the boundaries of the Commonwealth unless a copy of the consent-to- service document required by this section and applicable to the waste is on file at the facility.
(5) The owner or operator of a municipal solid waste management facility shall keep the consent-to-service documents filed with him under this section at the facility in such a location and manner that they are readily accessible to the cabinet.
Effective: May 28, 1991
History: Created 1991 (1st Extra. Sess.) Ky. Acts ch. 12, sec. 21, effective May 28,
1991.
Formerly codified as KRS § 224.8913.
(a) Any person who actually transports the waste;
Terms Used In Kentucky Statutes 224.43-380
- Cabinet: means the Energy and Environment Cabinet. See Kentucky Statutes 224.1-010
- Certified mail: means any method of governmental, commercial, or electronic delivery that allows a document or package to have proof of:
(a) Sending the document or package. See Kentucky Statutes 446.010 - 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
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Municipal solid waste: means household solid waste and commercial solid waste. See Kentucky Statutes 224.1-010
- Owner: when applied to any animal, means any person having a property interest in such animal. See Kentucky Statutes 446.010
- Service of process: The service of writs or summonses to the appropriate party.
- 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
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
- Storage: means the containment of wastes, either on a temporary basis or for a period of years, in such a manner as not to constitute disposal of such wastes. See Kentucky Statutes 224.1-010
- Subpoena: A command to a witness to appear and give testimony.
- Summons: Another word for subpoena used by the criminal justice system.
- 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
- Treatment: means any method, technique, or process, including neutralization, designed to change the physical, chemical, or biological character or composition of any waste so as to neutralize such waste or so as to render such waste nonhazardous, safer for transport, amenable for recovery, amenable for storage, or reduced in volume. 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 - 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
- Year: means calendar year. See Kentucky Statutes 446.010
(b) The employer of the person who actually transports the waste;
(c) Any person acting as a broker or otherwise arranging or contracting for the transportation of the waste, with the exception of persons initially generating municipal solid waste; and
(d) Any person who has contracted with the owner or operator of the facility for management of the waste at that facility.
(2) The original of the consent-to-service document shall be filed with the cabinet. A copy shall be filed with the owner or operator of each municipal solid waste management facility to which the waste is transported. The original and each copy shall be sent by certified mail, return receipt requested, at least seven (7) days before the first shipment of waste to a waste site or facility in the Commonwealth in the year for which the document is filed. The document shall be updated to reflect any changes in circumstances and refiled.
(3) A person who enters the Commonwealth pursuant to a summons, subpoena, or other form of process authorized by this section is not subject to service of process in connection with nonrelated matters that arise before his entrance into the Commonwealth.
(4) No owner, operator, or employee of a municipal solid waste management facility shall accept for treatment, transfer, storage, or disposal at the facility any waste from outside the boundaries of the Commonwealth unless a copy of the consent-to- service document required by this section and applicable to the waste is on file at the facility.
(5) The owner or operator of a municipal solid waste management facility shall keep the consent-to-service documents filed with him under this section at the facility in such a location and manner that they are readily accessible to the cabinet.
Effective: May 28, 1991
History: Created 1991 (1st Extra. Sess.) Ky. Acts ch. 12, sec. 21, effective May 28,
1991.
Formerly codified as KRS § 224.8913.