224.46-820 Kentucky Regional Integrated Waste Treatment and Disposal Facility
Siting Board.
(1)
(2)
(3)
(4)
(5)
(6)
There is created the Kentucky Regional Integrated Waste Treatment and Disposal
Facility Siting Board consisting of nine (9) permanent members and three (3)
temporary members. All members shall be residents of the Commonwealth of
Kentucky. The secretary of the Cabinet for Health and Family Services or his
designated representative shall be a permanent member of the board.
The other eight (8) permanent members of the board shall be appointed by the
Governor. Except for initial appointments, board members shall be appointed for a
term of four (4) years. Of the initial appointments, one (1) shall be appointed for a
term of one (1) year, two (2) for a term of two (2) years, two (2) for a term of three
(3) years, and three (3) for a term of four (4) years. Each of the members appointed
by the Governor shall hold office for the term for which he was appointed and until
his successor shall have been appointed and taken office in his stead or until he
shall resign or be removed in a manner provided by law.
The permanent membership of the board shall be composed of members having the
following qualifications:
(a) Two (2) members having a demonstrated experience in hazardous waste
management;
(b) Two (2) members from the Kentucky General Assembly;
(c) Two (2) members chosen from the science and engineering faculties of the
institutions of higher education in Kentucky;
(d) One (1) member having demonstrated experience in industrial development
planning; and
(e) One (1) member representative of the general public.
Three (3) temporary members of the board shall be appointed each time that an
application for a certificate of environmental safety and public necessity is
submitted. The temporary members of the board shall be appointed by the county
judge/executive of the county in which a regional integrated waste treatment and
disposal demonstration facility is proposed to be located and shall be bona fide
residents of the county. The temporary members of the board shall be appointed
within thirty (30) days of the declaration of intent required by KRS 224.46-825 and
224.46-830; however, failure of the appropriate appointing authority to appoint
temporary members of the board within thirty (30) days shall not preclude the board
from acting upon applications for certificates of environmental safety and public
necessity. Temporary members of the board shall have all the rights and privileges
of membership on the board while acting upon those applications for certificates for
which they were appointed, but shall not participate in the transaction of other
business by the board.
The permanent members of the board shall choose from among their membership a
chairperson of the board.
Members of the board shall be reimbursed for actual and necessary expenses
incurred in the performance of their duties.
(7)
Staff services for the board shall be provided to the extent practicable by personnel
of the cabinet; however, the board may request and receive the assistance of any
state or municipal educational institution, experiment station, laboratory, or other
agency and arrange by contract for governmental and nongovernmental assistance
as necessary in the performance of its duties, including expenses for administrative
start-up costs incidental to the organization of the board. Services provided by state
and municipal agencies shall be reimbursed at cost.
(8) The cabinet shall not provide legal representation to the board. The board may enter
into personal service contracts pursuant to KRS Chapter 45A to obtain legal counsel
for representation on appeals to Franklin Circuit Court and in other legal matters.
(9) The board shall meet as necessary for the performance of its duties, upon the call of
the chairperson or upon the request of seven (7) members of the board by delivery
of written notice of the meeting to each member of the board at least five (5) days
prior to the meeting.
(10) Seven (7) members of the board shall constitute a quorum for the transaction of
business of the board and all actions by the board shall require the affirmative vote
of seven (7) members of the board.
Effective: June 20, 2005
History: Amended 2005 Ky. Acts ch. 99, sec. 563, effective June 20, 2005. -- Amended
1998 Ky. Acts ch. 426, sec. 508, effective July 15, 1998. -- Amended 1990 Ky. Acts
ch. 496, sec. 56, effective July 13, 1990. -- Created 1982 Ky. Acts ch. 279, sec. 2,
effective July 15, 1982.
Formerly codified as KRS 224.2203.
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