Download as PDF
224.43-345 Contents of area solid waste management plan -- Approval by
cabinet.
(1)
Each area solid waste management plan shall be prepared in accordance with
any administrative regulations of the cabinet and shall be required to include
the following:
(a) Identification of the area that will be included in the plan;
(b) A demographic study of the planning area of current and projected
populations five (5), ten (10) and twenty (20) years in the future. A
projection of the amount and source of solid waste generated, collected,
and requiring disposal at municipal solid waste disposal facilities for each
of these time periods shall be provided;
(c) An inventory and description of all existing solid waste management
facilities and activities. The description shall include their identity, location,
life expectancies, ownership, cost to the users, and level of compliance
with state and federal laws. The description is not required to include any
solid waste management facility which is operated exclusively by a solid
waste generator on property owned by the solid waste generator for the
purpose of accepting solid waste from the solid waste generator or waste
generated at another facility owned and operated by the generator or
wholly owned subsidiary. After commencement of operation by a solid
waste generator of a solid waste disposal facility which is permitted but
not included in a solid waste management plan, an amendment to a solid
waste management plan shall be required for any solid waste which is to
be no longer disposed by the solid waste generator in its own solid waste
disposal facility;
(d) An estimate of the area's long-range needs for solid waste management
and facilities for five (5), ten (10), and twenty (20) years into the future;
(e) Identification and assessment of current and future solid waste
management problems faced by the area. List any deficiencies with
existing solid waste management facilities in meeting current and future
area needs, and identify opportunities for improvement;
(f) Outline short-term, mid-term, and long-term goals and objectives of the
solid waste management area. The goals and objectives shall be
consistent with the policies and goals set out in KRS 224.43-010;
(g) Based on the problems, needs, goals, and objectives previously
identified, identify alternative approaches to solid waste management and
select the optimal alternatives. Solid waste management activities and
facilities to be addressed include:
1.
Identification of those regulations and ordinances which provide for
proper, safe, and sanitary management of solid waste;
2.
A description of proposed improvements to existing solid waste
collection and transportation systems necessary to achieve
universal collection;
3.
Establishment of a siting procedure and development program to
assure the orderly location, development, and financing of new or
expanded municipal solid waste management facilities. The plan
(h)
(i)
(j)
(k)
(l)
shall demonstrate how all persons in the planning area will within the
near future have reasonable opportunity to dispose of their waste in
a manner that complies with state and federal laws;
4.
Identification of planned programs for the control and cleanup of
litter and open dumps. The programs shall include: identification of
an approved schedule for the cleanup of open dumps in existence
as of October 1, 2002; an annual survey of the planning area to
discover new open dumps which shall then be scheduled for
cleanup within one (1) year unless the cabinet approves a longer
schedule; measures to prevent the recurrence of dumping at sites
which are cleaned up; cleanup of litter along public roads three (3)
times per year; and cleanup of litter along city streets two (2) times
per year. In these public road cleanups and also open dump
cleanups, nonviolent misdemeanant and Class D felon inmate
laborers may be used. A county that does not receive in any year an
allocation from the Kentucky pride fund sufficient to complete the
number of road cleanups provided for in this section shall not be
deemed out of compliance;
5.
An assessment of opportunities to reduce the need for land disposal
by banning grass clippings, leaves, and other yard wastes from
municipal solid waste disposal facilities and the institution of
composting operations for grass clippings, leaves, and other yard
wastes;
6.
Establishment of a plan to reduce the need for land disposal through
waste reduction and recycling, materials recovery, and energy
recovery and the provision of opportunities for recycling that may
include, but are not limited to, drop-off centers or door-to-door
collection. Where recycling or material recovery is not deemed
feasible, specific factual analysis shall be provided to support the
conclusion; and
7.
A description of any proposed recycling, materials recovery, or
energy recovery plan or facility;
A five (5) year schedule and description of activities to be undertaken to
implement the proposed plan;
A description of short-term costs of the plan including capital and
operational costs for each element of the plan, and the identification of the
means of financing plan implementation;
Designation of the governing body for implementation of the solid waste
management plan or components of the plan. A description of its
responsibilities and authority shall be provided;
A description of proposed surveillance and enforcement procedures to
assure that solid waste in the planning area is properly managed.
Identification of modifications to local laws and regulations necessary to
implement the area plan;
Specific provisions to assure that adequate capacity for a ten (10) year
period shall be available for municipal solid waste generated in the solid
waste management area, and identification of any additional capacity
(2)
authorized for disposal of out-of-area municipal solid waste;
(m) Contractual agreements for use of waste disposal capacity at any
municipal solid waste disposal facility inside or outside the waste
management area identified and relied upon in the plan;
(n) Provisions to assure achievement of the policies and goals of KRS
224.43-010;
(o) Establishment of a public information and participation process including
the following components;
1.
Formation of an advisory committee comprised of local residents,
and business and industry representatives;
2.
Preparation of a draft plan for public notice and comment;
3.
Convening of a public hearing upon request; and
4.
Publication of a response to public comments.
A solid waste management plan complying with subsection (1) of this section
shall be submitted to the cabinet by October 1, 2002, and updated every five
(5) years thereafter. The cabinet shall make its determination approving or
disapproving a plan within one hundred twenty (120) days of receipt. A plan on
which the cabinet has not yet made a determination shall remain in effect until
the determination is made.
Effective:July 15, 2002
History: Amended 2002 Ky. Acts ch. 342, sec. 6, effective July 15, 2002. -Amended 1991 (1st Extra. Sess.) Ky. Acts ch. 12, sec. 6, effective February 26,
1991. -- Amended 1984 Ky. Acts ch. 398, sec. 5, effective July 13, 1984. -Amended 1982 Ky. Acts ch. 74, sec. 24, effective July 15, 1982. -- Created 1978
Ky. Acts ch. 115, sec. 5, effective June 17, 1978.
Formerly codified as KRS 224.888, and also previously codified as KRS 109.031.
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.