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109.012 Definitions for chapter.
As used in this chapter unless the context requires otherwise:
(1) "Board of directors" or "board" means the governing body of a solid waste
management district;
(2) "City" means an existing city of any class;
(3) "County" means the governing body of a county, including urban-county
governments;
(4) "Cabinet" means the Energy and Environment Cabinet;
(5) "Long-term contract" means a contract of sufficient duration to assure the
viability of a resource recovery facility to the extent that such viability depends
upon solid waste supply;
(6) "Recovered material" means those materials which have known current use,
reuse, or recycling potential, which can be feasibly used, reused, or recycled,
and which have been diverted or removed from the solid waste stream for sale,
use, reuse, or recycling, whether or not requiring subsequent separation and
processing, but does not include materials diverted or removed for purposes of
energy recovery or combustion except refuse-derived fuel (RDF), which shall
be credited as a recovered material in an amount equal to that percentage of
the municipal solid waste received on a daily basis at the processing facility
and processed into RDF; but not to exceed fifteen percent (15%) of the total
amount of the municipal solid waste received at the processing facility on a
daily basis;
(7) "Recovered material processing facility" means a facility engaged solely in the
storage, processing, and resale or reuse of recovered material but does not
mean a solid waste management facility if solid waste generated by a
recovered material processing facility is managed pursuant to KRS Chapter
224 and administrative regulations adopted by the cabinet;
(8) "Person" means an individual, trust, firm, joint stock company, corporation
(including a government corporation), partnership, association, federal agency,
state agency, city, commission, political subdivision of the Commonwealth, or
any interstate body;
(9) "Solid waste" means any garbage, refuse, sludge, and other discarded
material, including solid, liquid, semisolid, or contained gaseous material
resulting from industrial, commercial, mining (excluding coal mining waste, coal
mining by-products, refuse and overburden), agricultural operations, and from
community activities, but does not include those materials including but not
limited to sand, soil, rock, gravel, or bridge debris extracted as part of a public
road construction project funded wholly or in part with state funds, recovered
material, special wastes as designated by KRS 224.50-760, solid or dissolved
material in domestic sewage, manure, crops, crop residue, or a combination
thereof which are placed on the soil for return to the soil as fertilizers or soil
conditions, or solid or dissolved materials in irrigation return flows or industrial
discharges which are point sources subject to permits under Section 402 of the
Federal Water Pollution Control Act, as amended (86 Stat. 880), or source,
special nuclear, or by-product material as defined by the Atomic Energy Act of
1954, as amended (68 Stat. 923).
(a)
(10)
(11)
(12)
(13)
"Household solid waste" means solid waste, including garbage and trash
generated by single and multiple family residences, hotels, motels, bunk
houses, ranger stations, crew quarters, and recreational areas such as
picnic areas, parks, and camp grounds;
(b) "Commercial solid waste" means all types of solid waste generated by
stores, offices, restaurants, warehouses, and other service and
nonmanufacturing activities, excluding household and industrial solid
waste;
(c) "Industrial solid waste" means solid waste generated by manufacturing or
industrial processes that is not a hazardous waste or a special waste as
designated by KRS 224.50-760, including but not limited to waste
resulting from the following manufacturing processes: electric power
generation; fertilizer or agricultural chemicals; food and related products
or by-products; inorganic chemicals; iron and steel manufacturing; leather
and leather products; nonferrous metals manufacturing/foundries; organic
chemicals; plastics and resins manufacturing; pulp and paper industry;
rubber and miscellaneous plastic products; stone, glass, clay, and
concrete products; textile manufacturing; transportation equipment; and
water treatment; and
(d) "Municipal solid waste" means household solid waste and commercial
solid waste;
"Solid waste management" means the administration of solid waste activities:
collection, storage, transportation, transfer, processing, treatment and disposal,
which shall be in accordance with a cabinet approved county or multicounty
solid waste management plan of the cabinet;
"Solid waste management area" or "area" means any geographical area
established or, designated by the cabinet in accordance with the provisions of
KRS Chapter 224;
"Solid waste management facility" means any facility for collection, storage,
transportation, transfer, processing, treatment, or disposal of solid waste,
whether such facility is associated with facilities generating such wastes or
otherwise, but does not include a container located on property where solid
waste is generated and which is used solely for the purpose of collection and
temporary storage of that solid waste prior to off-site disposal, or a recovered
material processing facility which is subject to regulation pursuant to the
chapter for control of environmental impacts and to prevent any public
nuisance; and
"Waste management district" means any county or group of counties electing
to form under the provisions of KRS 109.115 and operate in conformance with
the provisions of this chapter and with Section 4006 of the Resource
Conservation and Recovery Act of 1976, as amended (P.L. 94-580).
Effective:July 15, 2010
History: Amended 2010 Ky. Acts ch. 24, sec. 90, effective July 15, 2010. -Amended 1991 (1st Extra. Sess.) Acts ch. 12, sec. 30, effective February 26,
1991. -- Amended 1984 Ky. Acts ch. 111, sec. 61, effective July 13, 1984. -Amended 1982 Ky. Acts ch. 74, sec. 2, effective July 15, 1982. -- Created 1978
Ky. Acts ch. 115, sec. 2, effective June 17, 1978.
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