KRS 147A.031: Procedures for solid waste management conflict resolution.

(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.