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109.011 Findings and declaration of purpose -- Intent.
The General Assembly of the Commonwealth of Kentucky hereby finds, determines,
and declares, as follows:
(1) That an ever-increasing volume of solid waste both within and outside the
Commonwealth is being generated as a result of increasing economic and
commercial activity, continuing technological progress, and changes in
methods of manufacturing, packaging, and marketing of consumer products,
which results in additional solid wastes discarded by the users of these
products;
(2) That the continued economic and population growth of the Commonwealth has
required increased industrial and commercial expansion and has made
necessary the demolition of obsolete structures, the construction of new
structures, the provision of highways and other avenues of transportation, and
the construction and installation of public works which, together with
pre-existing commercial, industrial, and agricultural operations, have resulted in
the generation of further volumes of solid waste;
(3) That the handling of solid wastes has been primarily carried out through the
dumping of wastes on open soil and in landfills, which in some cases are
inimical to the public health, safety, and welfare;
(4) That by the enactment by the Congress of the United States of the Resource
Conservation and Recovery Act of 1976 (Public Law 94-580), as amended, the
collection, sanitary disposal, and recovery of solid waste has been determined
to be a matter of nationwide importance, recognizing that the management of
solid waste should continue to be primarily the function of state, regional, and
local agencies; and that pursuant to this federal law, the Commonwealth has
taken and will take certain actions in respect to the planning and
implementation of solid waste plans within the guidelines of time requirements
set forth in this federal law;
(5) That as a result of the conditions described in the foregoing findings, problems
of solid waste collection, management, and treatment, and resource recovery
activities in connection therewith have become a matter of statewide concern
necessitating action by the General Assembly to:
(a) Enable responsible planning and management agencies to be created to
define solid waste management requirements, with all of the foregoing
subject to regulation by the Energy and Environment Cabinet;
(b) Assist those units of government primarily responsible for the
management of solid waste and the acquisition, financing and operation
of facilities to dispose of solid waste to fulfill their functions in a
responsible and proper manner with primary emphasis on the
regionalization of these functions; and
(c) Reduce the amount of solid waste generated and disposed in Kentucky;
(6) That it is the intent of the General Assembly of the Commonwealth of Kentucky
that the primary responsibility for adequate solid waste collection,
management, treatment, disposal, and resource recovery shall rest with
combinations of counties and waste management districts, subject to
standards set by administrative regulations adopted by the Energy and
Environment Cabinet. In those cities currently operating solid waste
management systems, the city and county may assume joint responsibility of
preparing a solid waste management plan. If it is in the best public interest to
do so and with the mutual agreement of both the county and city, a county may
delegate responsibility for adequate collection, management, treatment,
disposal, or materials recovery to a city. This delegation of responsibility is
contingent upon the approval of a solid waste management plan by the
cabinet. The purpose of delegating responsibilities shall be to effectuate the
safe and sanitary management, use, and handling of solid waste, the
protection of the health, welfare, and safety of the citizens and inhabitants of
the Commonwealth, and for making the most efficient use of all resources for
the benefit of the citizens and inhabitants of the Commonwealth;
(7) That the General Assembly recognizes the generation of solid waste is
inevitable, but much of it is unnecessary and should be discouraged. However,
where solid waste does exist, it should be considered to the extent possible as
a valuable resource, and be made use of wherever and whenever desirable
and economically justifiable. Therefore, it shall be the policy of the
Commonwealth to, above all things, encourage resource conservation and
preservation of our natural resources before waste contributes in a needless
fashion to the volumes of solid waste and litter produced by our society; but in
dealing with existing solid waste, materials recovery from the solid waste
stream is deemed to be the most environmentally sound alternative for
handling waste;
(8) It is not the intent of this chapter to prohibit or discourage the participation of
the private sector in any aspect of solid waste management. Moreover, it is
preferable for solid waste management functions to be performed by the
private sector when it is in the best interests of the public and conforms with
the policies and provisions in this chapter;
(9) It is the intent of the General Assembly that counties and waste management
districts cooperate to develop and implement the solid waste management
plans mandated by KRS Chapter 224 and the administrative regulations
adopted by the cabinet with the goal of regionalizing the management of solid
waste;
(10) It is the intent of the General Assembly that waste requiring disposal in
municipal solid waste disposal facilities be reduced and that solid waste be
managed in an environmentally protective manner;
(11) Notwithstanding any provision of KRS Chapters 82, 83, and 94, it is the intent
of the General Assembly that this chapter and KRS 67.083(3)(o) provide
counties with authority to develop a solid waste management system for solid
waste generated within the geographical boundaries of the county, consistent
with the provisions of this chapter and KRS Chapter 224. It is further the intent
of the General Assembly that cities be authorized to finance, own, and operate
solid waste management systems with the consent of the county or by contract
with the county, except that in the event a county fails to submit a solid waste
management plan pursuant to KRS Chapter 224 cities may proceed to develop
solid waste management systems consistent with administrative regulations
adopted by the cabinet pursuant to KRS Chapter 224. Cities that develop solid
waste management facilities pursuant to this section shall have all the powers
and restrictions set forth for counties in KRS 109.041, 109.056, and 109.059;
and
(12) It is the intent of the General Assembly that waste management districts which
are formed and operated under this chapter shall comply with the standards set
by administrative regulations adopted by the cabinet pursuant to KRS Chapter
224.
Effective:July 15, 2010
History: Amended 2010 Ky. Acts ch. 24, sec. 89, effective July 15, 2010. -Amended 2002 Ky. Acts ch. 342, sec. 13, effective July 15, 2002. -- Amended
1991 (1st Extra. Sess.) Ky. Acts ch. 12, sec. 29, effective February 26, 1991. -Amended 1984 Ky. Acts ch. 111, sec. 60, effective July 13, 1984; and ch. 398,
sec. 1, effective July 13, 1984. -- Amended 1982 Ky. Acts ch. 74, sec. 1,
effective July 15, 1982. -- Created 1978 Ky. Acts ch. 115, sec. 1, effective June
17, 1978.
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