KRS § 109.041 — KY Code / Title IX / Chapter 109 / Section 109.041
109.041 County powers for solid waste management
Status: in_force

109.041 County powers for solid waste management.

(1) 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.

(2) 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.

(3) 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;

(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; or

(g) In a county containing a consolidated local government, any municipality

located within the geographic area of the county or waste management

district created to serve that county.

(4) 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.

(5) 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.

(6) 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.

(7) 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.

(8) 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.

(9) 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.

(10) 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.

(11) No county or waste management district shall prohibit long-term contracts by

ordinance or other means.

(12) 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.

(13) 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.

(14) If a city within a county containing a consolidated local government is in

conformity with the Resource Conservation and Recovery Act of 1976, 42

U.S.C. secs. 6901 et seq., and is in conformity with all state statutes and

administrative regulations applicable to the collection, management, and

treatment of solid waste and resource recovery therefrom, the consolidated

local government or waste management district serving the county containing

the consolidated local government shall not, directly or indirectly, hinder, delay,

impair, prohibit, or impede any city or its contractors and agents from

accessing, utilizing, and otherwise using any solid waste management facility

for the disposal of solid waste. The consolidated local government or waste

management district shall not charge a city within the county containing the

consolidated local government, or the city's contractors and agents, directly or

indirectly, any fee that is based, directly or indirectly, on the composition of the

solid waste stream of that city if the solid waste stream is in conformity with

state and federal law for the use of the solid waste management facility

receiving the waste.