KRS 143A.037: Limitation of tax on clay -- Credit for clay used in landfills.

(1) Notwithstanding any statutory provisions to the contrary, the tax imposed in KRS

143A.020 and applicable to clay, in any form, shall be limited to twelve cents

($0.12) per ton.

(2) The General Assembly of the Commonwealth of Kentucky finds that the

accumulative costs of the environmentally responsible landfill disposal of solid

waste affects the development of new landfill capacity. Therefore, it being the intent

of the General Assembly to help control those costs, a credit is hereby allowed

against the tax on clay, imposed by subsection (1) of this section, which is severed

or processed within this state and sold to and used as a component of landfill

construction by an approved waste management or waste disposal facility within

this state.

(3) The credit allowed in subsection (2) of this section shall be equal to the tax imposed

by subsection (1) of this section.

(4) The credit allowed in this section shall extend only to a taxpayer who severs or

processes the natural resource subject to the tax.