2009 Kentucky Revised Statutes Subchapter 40 Waste -- Generalities 224.40.100 Disposal at other than permitted site or facility prohibited -- Open dump prohibited -- Exception -- Compliance with regulations required -- Damages for noncompliance.
224.40-100 Disposal at other than permitted site or facility prohibited -- Open
dump prohibited -- Exception -- Compliance with regulations required -- <br>Damages for noncompliance.
(1) No person shall transport to or dispose of waste at any site or facility other than a
site or facility for which a permit for waste disposal has been issued by the cabinet. <br>Upon request, any transporter of waste shall receive from the cabinet a current list <br>of permitted waste disposal sites or facilities and shall be subsequently notified of <br>any new permits or changes in the status of permits for waste disposal sites and <br>facilities in the Commonwealth.
(2) The use of open dumps is prohibited except in the case of an open dump which is
under a timetable or schedule for compliance approved by the cabinet. The cabinet <br>may enjoin the operation of any open dump which does not have a timetable or <br>schedule of compliance approved by the cabinet.
(3) The cabinet may require any person who violates this section or KRS 224.40-305 to
take appropriate response actions to close and reclaim or upgrade open dumps to <br>comply with applicable administrative regulations adopted by the cabinet. If a <br>demand for response action is not implemented within a time period specified in a <br>demand or timetable or schedule for compliance issued or approved by the cabinet, <br>the cabinet may enjoin the operation of the open dump and restore the site.
(4) Except as provided in KRS 224.43-020, the cabinet may assess any person who
violates this section by failing to take appropriate actions to close and reclaim or <br>upgrade open dumps, damages in an amount equal to the cost of closure as <br>estimated by the cabinet. The money collected shall be placed in the agency account <br>established under KRS 224.40-650(4) to be used for the site closure and restoration. <br>Any money remaining after site closure and restoration from the amount assessed <br>shall be returned to the person against whom any assessment was made.
Effective: February 26, 1991 <br>History: Amended 1991 (1st Extra. Sess.), Ky. Acts ch. 12, sec. 35, effective February
26, 1991. -- Amended 1986 Ky. Acts ch. 172, sec. 2, effective July 15, 1986. -- <br>Amended 1980 Ky. Acts ch. 284, sec. 3, effective July 15, 1980. -- Amended 1978 <br>Ky. Acts ch. 113, sec. 7, effective June 17, 1978. -- Created 1972 (1st Extra. Sess.) <br>Ky. Acts ch. 3, sec. 13, effective January 1, 1973.
Formerly codified as KRS 224.835 and also previously codified as 224.255.
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