224.46-505 Legislative findings and statement of policy.
The General Assembly of the Commonwealth of Kentucky hereby finds, determines, and
declares as follows:
(1) That technological progress and increases in the amounts of manufacturing are
continuing to result in increasing quantities of hazardous waste being generated and
prohibiting the generation of hazardous waste would result in a competitive
economic disadvantage for the Commonwealth;
(2) That the Commonwealth is the site of much improper and inadequately regulated
handling, treatment, transportation, storage, and disposal of hazardous waste which
presents a threat to the public health, safety, and welfare and the environment;
(3) That by the enactment by the Congress of the United States of the Resource
Conservation and Recovery Act of 1976, as amended (PL 94-580), the generation,
transportation, treatment, storage, recycling, and disposal of hazardous waste has
been determined to be a matter of national importance, recognizing that hazardous
waste presents, in addition to the problems generally associated with nonhazardous
waste, special dangers to health and requires a greater degree of regulation than
does nonhazardous waste;
(4) That the primary responsibility for proper hazardous waste management rests with
the generators, transporters, treaters, storers, recyclers, and disposers of hazardous
waste, subject to rules, regulations, guidelines, and standards promulgated by the
Energy and Environment Cabinet and also subject to registration or permitting by
the cabinet for the purpose of effectuating safe and proper management at all steps
in the hazardous waste cycle;
(5) That the participation of the private sector and the interested public in any aspect of
hazardous waste management not expressly reserved as state or federal authority as
set forth in KRS 224.46-510 to 224.46-570 or other statutes is encouraged,
moreover, it is preferable for hazardous waste management functions to be
performed by the private sector when such is in the best interest of the public and
conforms with the policies and provisions set forth in KRS 224.46-510 to 224.46570;
(6) That as a matter of policy the prevention of pollution or reduction of waste at its
source is the preferred management option. Pollutants that cannot be prevented
should be recycled in an environmentally-safe manner whenever feasible. Pollution
that cannot be prevented or recycled should be treated; and, disposal or other release
into the environment should only be employed when no other feasible option is
available; and
(7) That as a result of the conditions described in the foregoing findings, the problems
of hazardous waste generation, transportation, treatment, storage, recycling, and
disposal have become a matter of extreme state concern necessitating action by the
General Assembly to protect the public health, safety, and welfare and the
environment of the Commonwealth.
Effective: July 15, 2010
History: Amended 2010 Ky. Acts ch. 24, sec. 371, effective July 15, 2010. -- Amended
1994 Ky. Acts ch. 460, sec. 9, effective July 15, 1994. -- Amended 1984 Ky. Acts
ch. 111, sec. 189, effective July 13, 1984. -- Created 1980 Ky. Acts ch. 264, sec. 1,
effective July 15, 1980.
Formerly codified as KRS 224.862.
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.