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109.011 Findings and declaration of purpose -- Intent.

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109.011 Findings and declaration of purpose -- Intent. The General Assembly of the Commonwealth of Kentucky hereby finds, determines, and <br>declares, as follows: <br>(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 <br>commercial activity, continuing technological progress, and changes in methods of <br>manufacturing, packaging, and marketing of consumer products, which results in <br>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 <br>demolition of obsolete structures, the construction of new structures, the provision <br>of highways and other avenues of transportation, and the construction and <br>installation of public works which, together with pre-existing commercial, <br>industrial, and agricultural operations, have resulted in the generation of further <br>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 <br>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 <br>collection, sanitary disposal, and recovery of solid waste has been determined to be <br>a matter of nationwide importance, recognizing that the management of solid waste <br>should continue to be primarily the function of state, regional, and local agencies; <br>and that pursuant to this federal law, the Commonwealth has taken and will take <br>certain actions in respect to the planning and implementation of solid waste plans <br>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 <br>in connection therewith have become a matter of statewide concern necessitating <br>action by the General Assembly to: <br>(a) Enable responsible planning and management agencies to be created to define solid waste management requirements, with all of the foregoing subject to <br>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 <br>of solid waste to fulfill their functions in a responsible and proper manner <br>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, <br>treatment, disposal, and resource recovery shall rest with combinations of counties <br>and waste management districts, subject to standards set by administrative <br>regulations adopted by the Energy and Environment Cabinet. In those cities currently operating solid waste management systems, the city and county may <br>assume joint responsibility of preparing a solid waste management plan. If it is in <br>the best public interest to do so and with the mutual agreement of both the county <br>and city, a county may delegate responsibility for adequate collection, management, <br>treatment, disposal, or materials recovery to a city. This delegation of responsibility <br>is contingent upon the approval of a solid waste management plan by the cabinet. <br>The purpose of delegating responsibilities shall be to effectuate the safe and sanitary <br>management, use, and handling of solid waste, the protection of the health, welfare, <br>and safety of the citizens and inhabitants of the Commonwealth, and for making the <br>most efficient use of all resources for the benefit of the citizens and inhabitants of <br>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 <br>waste does exist, it should be considered to the extent possible as a valuable <br>resource, and be made use of wherever and whenever desirable and economically <br>justifiable. Therefore, it shall be the policy of the Commonwealth to, above all <br>things, encourage resource conservation and preservation of our natural resources <br>before waste contributes in a needless fashion to the volumes of solid waste and <br>litter produced by our society; but in dealing with existing solid waste, materials <br>recovery from the solid waste stream is deemed to be the most environmentally <br>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 <br>for solid waste management functions to be performed by the private sector when it <br>is in the best interests of the public and conforms with the policies and provisions in <br>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 <br>mandated by KRS Chapter 224 and the administrative regulations adopted by the <br>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 <br>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 <br>authority to develop a solid waste management system for solid waste generated <br>within the geographical boundaries of the county, consistent with the provisions of <br>this chapter and KRS Chapter 224. It is further the intent of the General Assembly <br>that cities be authorized to finance, own, and operate solid waste management <br>systems with the consent of the county or by contract with the county, except that in <br>the event a county fails to submit a solid waste management plan pursuant to KRS <br>Chapter 224 cities may proceed to develop solid waste management systems <br>consistent with administrative regulations adopted by the cabinet pursuant to KRS <br>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 <br>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 <br>administrative regulations adopted by the cabinet pursuant to KRS Chapter 224. Effective: July 15, 2010 <br>History: Amended 2010 Ky. Acts ch. 24, sec. 89, effective July 15, 2010. -- Amended 2002 Ky. Acts ch. 342, sec. 13, effective July 15, 2002. -- Amended 1991 (1st Extra. <br>Sess.) Ky. Acts ch. 12, sec. 29, effective February 26, 1991. -- Amended 1984 Ky. <br>Acts ch. 111, sec. 60, effective July 13, 1984; and ch. 398, sec. 1, effective July 13, <br>1984. -- Amended 1982 Ky. Acts ch. 74, sec. 1, effective July 15, 1982. -- Created <br>1978 Ky. Acts ch. 115, sec. 1, effective June 17, 1978.