147A.031 Procedures for solid waste management conflict resolution.
229 words·~1 min read·
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(1)The Department for Local Government, in cooperation with cities, counties,
waste management districts, waste industries, and the Energy and
Environment Cabinet shall develop procedures designed to resolve conflicts
resulting from municipal solid waste management facility siting and operation.
The procedures shall address:
(a)Resolution of conflicts associated with multijurisdictional municipal solid
waste management facilities, including the use of such techniques as
negotiation, mediation, or arbitration to address issues, including but not
limited to host community compensation and collection and disposal fees;
and
(b)Resolution of issues, except those relating to permit conditions imposed
by the cabinet, resulting from municipal solid waste management facility
siting and operation, including the use of such techniques as negotiation,
mediation, or arbitration to address concerns of those persons and
landowners who are directly affected by the facility's location and
operation. Issues which may be addressed include but are not limited to
the following:
1. Operational issues, such as hours of operation;
2. Recycling and composting efforts that may be implemented;
3. Protection of property values;
4. Traffic routing and road maintenance; and
5. Establishment of local advisory committees.
(2)The Department for Local Government shall adopt administrative regulations to
implement the provisions of subsection
(1)of this section.
(3)Nothing in this section shall be construed to abridge any rights or remedies
provided by KRS Chapters 109 and 224, or at common law.