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109.041 County powers for solid waste management.
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In addition to all other powers enumerated in Chapter 67 and other sections of
the Kentucky Revised Statutes, counties, acting by and through their fiscal
courts, may own and hold the permit for, plan, initiate, acquire, construct, and
maintain solid waste management facilities, enter into contracts or leases with
private parties for the design, construction, or operation of a publicly-owned
solid waste management facility, and adopt administrative regulations with
respect thereto in accordance with this chapter. It is hereby determined and
declared that in the implementation, acquisition, financing, and maintenance of
solid waste management facilities, and in the enforcement of their use,
counties will be performing state functions duly delegated to them for the public
welfare. In such regard, the right of counties to condemn land necessary for the
acquisition of solid waste management facilities pursuant to the Eminent
Domain Act of Kentucky and to exercise the police power in respect thereto is
confirmed. Any county may contract with third parties for the management by
public or private means of solid waste within the county.
No solid waste management facility shall be acquired and constructed until the
construction thereof has been approved in writing by the cabinet. Planning for a
solid waste management facility shall be conducted in accordance with the
policy set forth in KRS 109.011(7) and KRS Chapter 224.
No county or waste management district shall prohibit or otherwise restrict
materials recovery by:
(a) Any materials recovery operation in existence in the county or district on
the effective date of the mandatory program;
(b) Any person supplying material to materials recovery operations on the
effective date of the mandatory program;
(c) Any new materials recovery operation that reclaims the same type of
materials as materials recovery operations included in paragraph (a) of
this subsection;
(d) Any new suppliers to materials recovery operations included in
paragraphs (a) and (c) of this subsection;
(e) Any materials recovery operation for glass, plastic, or metal beverage
containers, unless a commitment has been made by a local government
or other political subdivision of the state, by ordinance or contract, to a
solid waste project consistent with the provisions of this chapter, that is
dependent upon the materials recovery of glass, plastic, or metal
beverage containers to meet its financial obligations for said project, and
such commitment has been made prior to the operation of any other such
materials recovery facility in the county or district; or
(f) Any other materials recovery operation within the county or district not
included in paragraphs (a) through (e) of this subsection or the supply of
materials to such operation unless it is established that such operation
would jeopardize the ability of a local government or other political
subdivision of the state to meet financial obligations incurred in the
maintenance, operation, or amortization of capital acquisition costs for a
solid waste management facility.
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Notwithstanding any other provision of the Kentucky Revised Statutes to the
contrary, no county or waste management district shall regulate special wastes
as defined in KRS 224.50-760, other than sludge from water and waste water
treatment facilities as it pertains to landfarming, or solid waste from agricultural
or mining operations.
Any county undertaking the planning, implementation, construction, installation,
acquisition, and financing of a solid waste management facility pursuant to this
chapter shall have the authority set forth in Chapter 58 of the Kentucky
Revised Statutes concerning the financing of such solid waste management
facility, including the authority to promulgate, enforce, and collect reasonable
rates, rentals, and charges for the use of such solid waste management facility.
Bonds authorized to be issued by any county pursuant to the authority of this
chapter for the financing of solid waste management facilities may be sold at
either private or public sale as may in the sound discretion of the county be in
the best interests of the county.
Any county undertaking solid waste management pursuant to the provisions of
this chapter may contract with any person for the provision of solid waste
management services. A county may contract with any city to provide solid
waste management services or may delegate the responsibility for solid waste
management within incorporated areas to a city when the city agrees to
assume such responsibility. In connection with solid waste management, any
county may enter into contracts with any person for any term of years.
Counties are authorized to charge a reasonable fee to transporters for the
handling of their waste at a solid waste management facility approved by the
cabinet.
Counties are authorized to sell or market materials and energy recovered from
solid waste and to enter into long-term contracts guaranteeing supply to insure
markets for the sale of recovered products.
In carrying out the provisions of this chapter, counties shall be subject to
standards set by regulations adopted by the cabinet on waste management
pursuant to KRS Chapter 224.
No county or waste management district shall prohibit long-term contracts by
ordinance or other means.
Counties are expressly authorized in addition to the powers enumerated in
KRS Chapter 65 and this chapter to contract with one another in order to
regionalize solid waste management to the maximum extent practicable.
Notwithstanding any other provision of law, a fiscal court may, by ordinance,
create a solid waste district to exercise the powers of the county pursuant to
this chapter, except that a district created for this purpose shall not levy or
collect ad valorem property taxes.
Effective:July 15, 2002
History: Amended 2002 Ky. Acts ch. 342, sec. 14, effective July 15, 2002. -Amended 1991 (1st Extra. Sess.) Acts Ch. 12, sec. 33, effective February 26,
1991. -- Amended 1990 Ky. Acts ch. 353, sec. 1, effective July 13, 1990. -Amended 1988 Ky. Acts ch. 329, sec. 1, effective July 15, 1988. -- Amended
1984 Ky. Acts ch. 398, sec. 2, effective July 13,1984. -- Amended 1982 Ky. Acts
ch. 74, sec. 4, effective July 15, 1982. -- Created 1978 Ky. Acts ch. 115, sec. 6,
effective June 17, 1978.
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