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AN ACT relating to solid waste management facilities and declaring an emergency. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
SECTION 1. A NEW SECTION OF KRS CHAPTER 109 IS CREATED TO 3
READ AS FOLLOWS: 4
(1) Notwithstanding any provision of law to the contrary, except as provided in 5
subsection (2) of this section, a solid waste management facility that is collecting, 6
storing, transporting, transferring, processing, treating, or disposing of solid 7
waste that wa s generated outside of the county or waste management district 8
where the solid waste management facility is located shall not be subject to any 9
assessment, fee, permitting requirement, or other authorization requirement 10
imposed by the county or waste manag ement district where the solid waste was 11
generated. 12
(2) Subsection (1) of this section shall not apply to consideration or fees mutually 13
agreed to in a franchise agreement specifically authorized by a county ordinance 14
between a service provider and a count y or waste management district for 15
provision of solid waste collection, storage, transportation, transfer, processing, 16
treatment, or disposal services. 17
Section 2. KRS 224.40-315 is amended to read as follows: 18
(1) No permit to construct or expand a municipal solid waste disposal facility shall be 19
accepted for processing by the cabinet unless the application contains a 20
determination from the governing body for the solid waste management area in 21
which the facility is or will be located concerning the consistency of the application 22
with the area solid waste management plan submitted under KRS 224.43 -345(1)(a) 23
to (d) and (l) until January 1, 1993, and the entire plan after January 1, 1993. The 24
governing body for the area shall, within sixty (60) days of receipt of a written 25
request, make the determination after public notice and opportunity for public 26
comment and public hearing. For applications with a notice of intent filed prior to 27
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February 26, 1991, the cabinet shall continue to process the application but no 1
permit shall be approved until the governing body for the solid waste management 2
area in which the facility is or will be located has made a determination in 3
accordance with this section. 4
(2) No permit to construct or expand a municipal solid waste disposal facility shall be 5
approved unless the applicant affirmatively demonstrates and the cabinet makes a 6
written finding in the preliminary determination made pursuant to KRS 224.40 -7
310(2) that the application conforms to and is consistent with all of the following: 8
(a) The capacity needs identified in the area solid waste management plan; 9
(b) Other elements of the area solid waste management plan, for permit 10
applications filed after approval of those elements; 11
(c) The statewide solid waste reduction and management plan, for permit 12
applications filed after completion of the plan; and 13
(d) Applicable zoning regulations adopted pursuant to KRS Chapter 100. 14
(3) If the cabinet approves a permit to constr uct or expand a municipal solid waste 15
management facility after the governing body for the area has determined the 16
application to be inconsistent with the area solid waste management plan, as part of 17
the written finding the cabinet shall state in detail th e reasons why it did not accept 18
the determination of the governing body for the area. 19
(4) (a) For the purposes of this section, the term municipal solid waste disposal 20
facility includes, in addition to those facilities defined in KRS 224.1 -010(14), 21
any residual or contained landfill or incinerator disposing of industrial solid 22
waste[ for a fee] , but does not include a waste site or facility that is owned 23
and[which is] operated[ exclusively] by a solid waste generator and: 24
1. Exclusively accepts industrial s olid waste generated from industrial 25
activities of that generator that occur on the same, contiguous, or 26
adjacent property, including where divided by a roadway, as well as 27
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any additional industrial solid waste received from a corporate 1
affiliate or generated at another facility owned by the generator; or 2
2. Is an existing permitted waste site or facility located on property 3
owned by the solid waste generator that: 4
a. Is not located in the same county as the solid waste generator; 5
and 6
b. Accepts only [on pro perty owned by the solid waste generator 7
which accepts only] industrial solid waste from the solid waste 8
generator[ or industrial solid waste generated at another facility 9
owned and operated by the generator or wholly-owned subsidiary]. 10
(b) Paragraph (a)2. of this subsection shall include permit modifications 11
granting vertical or horizontal expansions of that permitted waste site or 12
facility on that property, including all contiguous or abutting tracts owned 13
by that solid waste generator prior to January 1, 2026. 14
Section 3. Whereas it is critical that changes to allowable fees and definitions 15
applicable to solid waste management facilities go into effect as soon as possible to give 16
clarity to both local governments and reg ulated entities, an emergency is declared to 17
exist, and this Act takes effect upon its passage and approval by the Governor or upon its 18
otherwise becoming a law. 19