KRS 109.0415: Election on initial county solid waste management plan for counties

without approved plan as of March 15, 1992.

(1) As to any county for which an initial county or area solid waste management plan

was not approved by the cabinet as of March 15, 1992, a county solid waste

management plan submitted to the cabinet shall not become effective if fifty -one

percent (51%) of the registered voters eligible to vote in the last Presidential

election sign and file a petition with the county clerk and the cabinet requesting

submission of the plan to voter approval. The petition shall be filed within one

hundred fifty (150) days of the fiscal court vote approving the plan.

(2) If the county clerk determines that the petition is in proper order, the clerk shall

certify the petition to the fiscal court. The fiscal court shall direct that the question

be placed before the voters at a special election held less than sixty (60) days from

the certification of the petition. The fiscal court shall bear the costs of advertisi ng

and placing the question before the voters.

(3) The county clerk shall advertise the question as provided in KRS Chapter 424 and

shall instruct the voters to vote "yes" or "no" on acceptance of the solid waste

management plan. The results of the vote sh all be certified to the fiscal court of the

county and the cabinet. The cabinet shall not approve a county solid waste

management plan if at least sixty (60) percent of those voting vote "no."

(4) The provisions of this section shall not apply to any subse quent plan submitted by

any county.