There is a newer version of the Kentucky Revised Statutes
2009 Kentucky Revised Statutes
Subchapter 43 Solid Waste
224.43.380 Consent to service of transporters of out-of-state waste -- Documentation -- Filing -- Effect.
Download pdfCommonwealth 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.
Disclaimer: These codes may not be the most recent version. Kentucky may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.