109.011 Findings and declaration of purpose -- Intent.
1,065 words·~5 min read·
/ky/chapter-109/109-011A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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.