Kentucky Statutes 224.43-810 – Policy declaration
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(1) It shall be the policy of the Commonwealth of Kentucky to encourage and promote the establishment of a regional integrated waste treatment and disposal demonstration facility which utilizes efficient, environmentally acceptable and commercially feasible technologies, techniques, and processes for maximizing resource recovery and energy generation from the treatment and disposal of hazardous waste in Kentucky and minimizing land disposal.
(2) This policy may be implemented by contracts and agreements with the federal government and its agencies and with other organizations, including private industry, and through organizations that may be formed jointly by the state, the federal government or its agencies, and private industry to establish a regional integrated waste treatment and disposal demonstration facility in such organizational form or legal entity deemed appropriate by the participants.
(3) This policy may be implemented by the expenditure of state funds for the preliminary engineering and planning, design, construction and operation of a regional integrated waste treatment and disposal demonstration facility project in Kentucky, and for the acquisition and improvement of land, construction of roads, and provision of other public facilities incidental and necessary to the accomplishment of this project in Kentucky.
(4) This policy may be implemented by the sale of state property to organizations engaged in a regional integrated waste treatment and disposal demonstration facility project in Kentucky, either for a fair and reasonable consideration or solely or partly as all or a portion of the state’s participation in this project.
(5) This policy may be implemented by acquisition, by purchase, or by option to purchase the fee simple title to, or any acceptable lesser interest in such rights-of- way, franchises, or easements, including submerged lands and riparian rights that are necessary for the construction, use or operation of any authorized regional integrated waste treatment and disposal demonstration facility project and for the construction and operation of a line of railroad, truck road, overhead conveyor, or other transportation facilities together with the necessary rights of ingress and egress to construct, examine, alter, repair, maintain, operate, or remove such transportation facilities.
(6) This policy may be implemented by contracts and agreements for the Commonwealth to purchase all or a portion of the usable output of this project, either for a fair and reasonable consideration or solely or partly as all or a portion of the state’s participation in the project, and to dispose of this output by use in state facilities or by resale at fair market value.
Effective: July 15, 1982
History: Amended 1982 Ky. Acts ch. 279, sec. 8, effective July 15, 1982. — Amended
1980 Ky. Acts ch. 197, sec. 1, effective July 15, 1980. — Created 1978 Ky. Acts ch.
112, sec. 1, effective June 17, 1978.
Formerly codified as KRS § 224.896, and also previously codified as KRS § 224.212.
Legislative Research Commission Note. A technical correction has been made in this section by the Reviser of Statutes pursuant to KRS § 7.136.
(2) This policy may be implemented by contracts and agreements with the federal government and its agencies and with other organizations, including private industry, and through organizations that may be formed jointly by the state, the federal government or its agencies, and private industry to establish a regional integrated waste treatment and disposal demonstration facility in such organizational form or legal entity deemed appropriate by the participants.
Terms Used In Kentucky Statutes 224.43-810
- 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
- Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
- Federal: refers to the United States. See Kentucky Statutes 446.010
- Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
- Hazardous waste: means any discarded material or material intended to be discarded or substance or combination of such substances intended to be discarded, in any form which because of its quantity, concentration or physical, chemical or infectious characteristics may cause, or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness or pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, or disposed of, or otherwise managed. See Kentucky Statutes 224.1-010
- Land disposal: includes but is not limited to any placement of hazardous waste in a landfill, surface impoundment, waste pile, injection well, land treatment facility, salt dome formation, salt bed formation, or underground mine or cave. 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
- 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
(3) This policy may be implemented by the expenditure of state funds for the preliminary engineering and planning, design, construction and operation of a regional integrated waste treatment and disposal demonstration facility project in Kentucky, and for the acquisition and improvement of land, construction of roads, and provision of other public facilities incidental and necessary to the accomplishment of this project in Kentucky.
(4) This policy may be implemented by the sale of state property to organizations engaged in a regional integrated waste treatment and disposal demonstration facility project in Kentucky, either for a fair and reasonable consideration or solely or partly as all or a portion of the state’s participation in this project.
(5) This policy may be implemented by acquisition, by purchase, or by option to purchase the fee simple title to, or any acceptable lesser interest in such rights-of- way, franchises, or easements, including submerged lands and riparian rights that are necessary for the construction, use or operation of any authorized regional integrated waste treatment and disposal demonstration facility project and for the construction and operation of a line of railroad, truck road, overhead conveyor, or other transportation facilities together with the necessary rights of ingress and egress to construct, examine, alter, repair, maintain, operate, or remove such transportation facilities.
(6) This policy may be implemented by contracts and agreements for the Commonwealth to purchase all or a portion of the usable output of this project, either for a fair and reasonable consideration or solely or partly as all or a portion of the state’s participation in the project, and to dispose of this output by use in state facilities or by resale at fair market value.
Effective: July 15, 1982
History: Amended 1982 Ky. Acts ch. 279, sec. 8, effective July 15, 1982. — Amended
1980 Ky. Acts ch. 197, sec. 1, effective July 15, 1980. — Created 1978 Ky. Acts ch.
112, sec. 1, effective June 17, 1978.
Formerly codified as KRS § 224.896, and also previously codified as KRS § 224.212.
Legislative Research Commission Note. A technical correction has been made in this section by the Reviser of Statutes pursuant to KRS § 7.136.