109.012 Definitions for chapter.
Download pdf
Loading PDF...
<![CDATA[109.012 Definitions for chapter. As used in this chapter unless the context requires otherwise: <br>(1) "Board of directors" or "board" means the governing body of a solid waste management district; (2) "City" means an existing city of any class; <br>(3) "County" means the governing body of a county, including urban-county governments; (4) "Cabinet" means the Energy and Environment Cabinet; <br>(5) "Long-term contract" means a contract of sufficient duration to assure the viability of a resource recovery facility to the extent that such viability depends upon solid <br>waste supply; (6) "Recovered material" means those materials which have known current use, reuse, or recycling potential, which can be feasibly used, reused, or recycled, and which <br>have been diverted or removed from the solid waste stream for sale, use, reuse, or <br>recycling, whether or not requiring subsequent separation and processing, but does <br>not include materials diverted or removed for purposes of energy recovery or <br>combustion except refuse-derived fuel (RDF), which shall be credited as a <br>recovered material in an amount equal to that percentage of the municipal solid <br>waste received on a daily basis at the processing facility and processed into RDF; <br>but not to exceed fifteen percent (15%) of the total amount of the municipal solid <br>waste received at the processing facility on a daily basis; (7) "Recovered material processing facility" means a facility engaged solely in the storage, processing, and resale or reuse of recovered material but does not mean a <br>solid waste management facility if solid waste generated by a recovered material <br>processing facility is managed pursuant to KRS Chapter 224 and administrative <br>regulations adopted by the cabinet; (8) "Person" means an individual, trust, firm, joint stock company, corporation (including a government corporation), partnership, association, federal agency, state <br>agency, city, commission, political subdivision of the Commonwealth, or any <br>interstate body; (9) "Solid waste" means any garbage, refuse, sludge, and other discarded material, including solid, liquid, semisolid, or contained gaseous material resulting from <br>industrial, commercial, mining (excluding coal mining waste, coal mining by-<br>products, refuse and overburden), agricultural operations, and from community <br>activities, but does not include those materials including but not limited to sand, <br>soil, rock, gravel, or bridge debris extracted as part of a public road construction <br>project funded wholly or in part with state funds, recovered material, special wastes <br>as designated by KRS 224.50-760, solid or dissolved material in domestic sewage, <br>manure, crops, crop residue, or a combination thereof which are placed on the soil <br>for return to the soil as fertilizers or soil conditions, or solid or dissolved materials <br>in irrigation return flows or industrial discharges which are point sources subject to <br>permits under Section 402 of the Federal Water Pollution Control Act, as amended (86 Stat. 880), or source, special nuclear, or by-product material as defined by the <br>Atomic Energy Act of 1954, as amended (68 Stat. 923). <br>(a) "Household solid waste" means solid waste, including garbage and trash generated by single and multiple family residences, hotels, motels, bunk <br>houses, ranger stations, crew quarters, and recreational areas such as picnic <br>areas, parks, and camp grounds; (b) "Commercial solid waste" means all types of solid waste generated by stores, offices, restaurants, warehouses, and other service and nonmanufacturing <br>activities, excluding household and industrial solid waste; (c) "Industrial solid waste" means solid waste generated by manufacturing or industrial processes that is not a hazardous waste or a special waste as <br>designated by KRS 224.50-760, including but not limited to waste resulting <br>from the following manufacturing processes: electric power generation; <br>fertilizer or agricultural chemicals; food and related products or by-products; <br>inorganic chemicals; iron and steel manufacturing; leather and leather <br>products; nonferrous metals manufacturing/foundries; organic chemicals; <br>plastics and resins manufacturing; pulp and paper industry; rubber and <br>miscellaneous plastic products; stone, glass, clay, and concrete products; <br>textile manufacturing; transportation equipment; and water treatment; and (d) "Municipal solid waste" means household solid waste and commercial solid waste; (10) "Solid waste management" means the administration of solid waste activities: collection, storage, transportation, transfer, processing, treatment and disposal, <br>which shall be in accordance with a cabinet approved county or multicounty solid <br>waste management plan of the cabinet; (11) "Solid waste management area" or "area" means any geographical area established or, designated by the cabinet in accordance with the provisions of KRS Chapter <br>224; (12) "Solid waste management facility" means any facility for collection, storage, transportation, transfer, processing, treatment, or disposal of solid waste, whether <br>such facility is associated with facilities generating such wastes or otherwise, but <br>does not include a container located on property where solid waste is generated and <br>which is used solely for the purpose of collection and temporary storage of that <br>solid waste prior to off-site disposal, or a recovered material processing facility <br>which is subject to regulation pursuant to the chapter for control of environmental <br>impacts and to prevent any public nuisance; and (13) "Waste management district" means any county or group of counties electing to form under the provisions of KRS 109.115 and operate in conformance with the <br>provisions of this chapter and with Section 4006 of the Resource Conservation and <br>Recovery Act of 1976, as amended (P.L. 94-580). Effective: July 15, 2010 <br>History: Amended 2010 Ky. Acts ch. 24, sec. 90, effective July 15, 2010. -- Amended 1991 (1st Extra. Sess.) Acts ch. 12, sec. 30, effective February 26, 1991. -- Amended <br>1984 Ky. Acts ch. 111, sec. 61, effective July 13, 1984. -- Amended 1982 Ky. Acts ch. 74, sec. 2, effective July 15, 1982. -- Created 1978 Ky. Acts ch. 115, sec. 2, <br>effective June 17, 1978. ]]>