KRS 224.10-105: Additional powers of cabinet as to solid waste management.

In addition to its other powers, the cabinet shall have the following powers:

(1) In cooperation with waste management districts, area development districts, or

counties, to determine what entities are required to submit a solid waste

management plan;

(2) To review, approve, disapprove, develop upon failure to receive, and require

amendment of solid waste management plans. A plan shall be approved if it meets

requirements specified by KRS Chapters 109 and 224, and administrative

regulations adopted by the c abinet, and if it is consistent with the statewide solid

waste reduction and management plan;

(3) To issue, continue in effect, revoke, modify, suspend, deny, or condition permits for

municipal solid waste management facilities as necessary to implement an y

provisions of KRS Chapter 224, administrative regulations adopted by the cabinet,

the area solid waste management plan or the statewide solid waste reduction and

management plan, or applicable zoning regulations adopted pursuant to KRS

Chapter 100, or pending approval of the plans, to meet solid waste disposal capacity

needs of the area and to assure disposal capacity for solid waste generated in

Kentucky;

(4) To limit the amount, by weight or volume, of waste that may be accepted for

disposal by municipa l solid waste facilities in the Commonwealth, consistent with

the requirements of KRS Chapter 224 and administrative regulations adopted by the

cabinet, to implement provisions of the statewide solid waste reduction and

management plan, or the area solid w aste management plan, or as otherwise

necessary to assure capacity for disposal of waste generated in the Commonwealth

or to protect the environment and the health and welfare of the citizens of the

Commonwealth. The cabinet may take into account such factors as:

(a) Operation of the facility in accordance with the most stringent standards

adopted in administrative regulations pursuant to KRS Chapter 224;

(b) The nature of any groundwater or surface water problems associated with

operation of the facility;

(c) The need for the facility to serve the solid waste management needs of the

area in which the facility is located;

(d) The nature of any existing contracts for disposal held by the facility; and

(e) The compliance history of the facility;

(5) To take an y actions consistent with KRS Chapter 224, administrative regulations

adopted by the cabinet, the statewide solid waste reduction and management plan,

and the area solid waste management plan as reasonably necessary to assure that

there is sufficient capac ity for disposal of waste generated in the Commonwealth

and the solid waste management area, and to protect the environment and the health

and welfare of the citizens of the Commonwealth; and

(6) To disapprove a grant or loan for a municipal solid waste ma nagement facility

which is not consistent with the statewide waste reduction and management plan or

the area solid waste management plan.