KRS 224.40-100: Disposal at other than permitted site or facility prohibited -- Open

dump prohibited -- Exception -- Compliance with regulations required --

Damages for noncompliance -- Ordinances against open dumping.

(1) No person shall transport to or dispose of waste at any site or facility other than a

site or facility for which a permit for waste disposal has been issued by the cabinet.

Upon request, any transporter of waste shall receive from the cabinet a current list

of permitted waste disposal si tes or facilities and shall be subsequently notified of

any new permits or changes in the status of permits for waste disposal sites and

facilities in the Commonwealth.

(2) The use of open dumps is prohibited except in the case of an open dump which is

under a timetable or schedule for compliance approved by the cabinet. The cabinet

may enjoin the operation of any open dump which does not have a timetable or

schedule of compliance approved by the cabinet.

(3) The cabinet may require any person who violates this section or KRS 224.40-305 to

take appropriate response actions to close and reclaim or upgrade open dumps to

comply with applicable administrative regulations adopted by the cabinet. If a

demand for response action is not implemented within a time per iod specified in a

demand or timetable or schedule for compliance issued or approved by the cabinet,

the cabinet may enjoin the operation of the open dump and restore the site.

(4) Except as provided in KRS 224.43 -020, the cabinet may assess any person who

violates this section by failing to take appropriate actions to close and reclaim or

upgrade open dumps, damages in an amount equal to the cost of closure as

estimated by the cabinet. The money collected shall be placed in the agency account

established under KRS 224.40-650(4) to be used for the site closure and restoration.

Any money remaining after site closure and restoration from the amount assessed

shall be returned to the person against whom any assessment was made.

(5) A legislative body of a local government, as defined in KRS 65.8805, that has not

adopted the procedures provided for in KRS 65.8801 to 65.8840 may adopt

ordinances against open dumping and impose a civil fine of not less than two

hundred fifty dollars ($250) and not more than five hun dred dollars ($500) on any

person who violates subsection (1) of this section. Penalties shall be imposed by the

District Court in the county where the offense occurred and shall be collected by the

Circuit Court clerk and transferred to the treasurer in t he county where the offense

occurred for the abatement, cleanup, and restoration of the open dump site. Nothing

contained in this subsection shall limit the cabinet's authority to:

(a) Regulate the transport, permitting, or disposal of solid waste; or

(b) Prohibit open dumping, impose fines and penalties, or impose any other

requirements on solid waste disposal.

(6) The District Court shall not enforce any provision of this section relating to

improper disposal of solid waste against an owner, occupant, or person having

control or management of any land if the owner, occupant, or person is:

(a) Not the generator of the solid waste or is not disposing or knowingly allowing

the disposal of solid waste and has made reasonable efforts to prevent the

disposal of solid waste by other persons onto the property; or

(b) A solid waste management facility operating in compliance with its solid

waste management permit.