2013 Kentucky Revised Statutes CHAPTER 68 - COUNTY FINANCE AND COUNTY TREASURER 68.178 County license fee for off-site waste management facilities -- Use of proceeds.
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68.178 County license fee for off-site waste management facilities -- Use of
proceeds.
(1)
(2)
The fiscal court of any county may license off-site waste management facilities
located within the county with the imposition of a license fee at a percentage
rate not to exceed two percent (2%) per annum of the gross receipts of such a
waste management facility owned or operated by self-employed individuals,
partnerships, or corporations. The proceeds from the license fee shall be used
to defray the general revenue requirements of the county where the facility is
located. For purposes of assessing the licensing fee provided for in this
section, off-site waste management shall consist of establishing and operating
a facility whose principal purpose is treatment, storage, disposal, or a
combination of these activities but shall not include those treatment, storage, or
disposal activities which occur incidental to or which are not otherwise
distinguishable from a broader manufacturing operation at the site of said
operation.
(a) The fiscal court of a county or the urban-county council of an
urban-county government may license a solid waste landfill located within
the county or urban-county area. The license fee may be set at not less
than one cent ($0.01) but no more than fifty cents ($0.50) per ton of waste
received by the landfill or set at up to five percent (5%) of gross receipts
of the landfill.
(b) The license fee as set may be increased by an amount up to one-quarter
(1/4) of the base fee per ton or on gross receipts of waste received at the
landfill which originates from outside of the planning area. For purposes of
this section, planning area shall mean those areas within Kentucky as
indicated in solid waste management plans filed with the cabinet by a
county, multicounty area, or waste management district. However, before
a fee differential may be imposed the county or urban-county government
shall demonstrate that the differential is reasonably related to additional
government services which must be undertaken because of the landfilling
of nonplanning area waste. This demonstration may be made by showing
an unplanned for reduction in waste disposal capacity and a need to
provide for future disposal capacity or impacts on roads, litter control or
emergency services.
(c) The proceeds from the license fee shall be used to defray the
government services provided to the landfill, necessary clean-up
operations or emergency responses related to operation of the landfill or
transporting waste to the landfill, necessary maintenance, improvement or
construction of roads, and for the general revenue requirements of the
county or urban-county government where the landfill is located.
(d) Ten percent (10%) of the license fee shall be remitted annually in equal
shares to all counties and urban-county governments in the planning area
served by the landfill from where the fees originated which shall be used
for local solid waste planning and plan implementation. Counties or
urban-county governments desiring to impose the fee provided for herein
are authorized to accept payments in lieu of the fee under duly-executed
contracts between the county and the permitted site or facility. The fee
(3)
provided for in this subsection shall be in lieu of the provisions of
subsection (1). Special waste, as defined in KRS 224.50-760, except for
waste from sanitary wastewater treatment facilities, shall be exempt from
this subsection.
In the case of hazardous waste facilities involving land disposal, including a
regional integrated waste treatment and disposal demonstration facility as
defined in KRS Chapter 224, the rate levied under this section shall be not
more than five percent (5%) per annum of the gross receipts and shall be
calculated so as to produce sufficient revenue to compensate the county for
any additional costs incurred by it from having a hazardous waste facility
located in its jurisdiction, including, but not limited to, the loss of ad valorem
property tax revenues from the property on which the facility is located, the loss
of ad valorem property tax revenues from abutting properties or other affected
properties, the cost of providing any additional emergency services, the cost of
monitoring air, surface water, ground water to the extent that other monitoring
data is not available, and other costs established as being associated with the
facility and for which the county is not otherwise compensated.
Effective:June 20, 2005
History: Amended 2005 Ky. Acts ch. 123, sec. 13, effective June 20, 2005. -Amended 1988 Ky. Acts ch. 45, sec. 1, effective July 15, 1988. -- Amended
1982 Ky. Acts ch. 279, sec. 11, effective July 15, 1982. -- Created 1980 Ky. Acts
ch. 197, sec. 4, effective July 15, 1980.
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