KRS § 109.011 — KY Code / Title IX / Chapter 109 / Section 109.011
109.011 Findings and declaration of purpose -- Intent
Status: in_force

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.