KRS 224.40-315: Requirements for acceptance and approval of permits to construct or

expand municipal solid waste disposal facility.

(1) No permit to construct or expand a municipal solid waste disposal facility shall be

accepted for processing by the cabinet unless the application contains a

determination from the governing body for the solid waste management area in

which the facility is or will be located concerning the consistency of the application

with the area solid waste management plan submitted under KRS 224.43-345(1)(a)

to (d) and (l) until January 1, 1993, and the entire plan after January 1, 1993. The

governing body for the area shall, within sixty (60) days of receipt of a written

request, make the determination after public notice and opportunity for public

comment and public hearing. For applications with a notice of intent filed prior to

February 26, 1991, the cabinet shall continue to process the application but no

permit shall be approved until the governing body for the solid waste management

area in which the facility is or will be located has made a determination in

accordance with this section.

(2) No permit to construct or expand a municipal solid waste disposal facility shall be

approved unless the applicant affirmatively demonstrates and the cabinet makes a

written finding in the preliminary determination made pursuant to KRS 224.40 -

310(2) that the application conforms to and is consistent with all of the following:

(a) The capacity needs identified in the area solid waste management plan;

(b) Other elements of the area solid waste management plan, for permit

applications filed after approval of those elements;

(c) The statewide solid waste reduction and management plan, for permit

applications filed after completion of the plan; and

(d) Applicable zoning regulations adopted pursuant to KRS Chapter 100.

(3) If the cabinet approves a permit to construct or expand a municipal solid waste

management facility after the governing body for the area has determined the

application to be inconsistent with the area solid waste management plan, as part of

the written finding the cabinet shall state in detail the reasons why it did not accept

the determination of the governing body for the area.

(4) (a) For the purposes of this section, the term municipa l solid waste disposal

facility includes, in addition to those facilities defined in KRS 224.1 -010(14),

any residual or contained landfill or incinerator disposing of industrial solid

waste, but does not include a waste site or facility that is owned and o perated

by a solid waste generator and:

1. Exclusively accepts industr ial solid waste generated from industrial

activities of that generator that occur on the same, contiguous, or

adjacent property, including where divided by a roadway, as well as any

additional industrial solid waste received from a corporate affiliate or

generated at another facility owned by the generator; or

2. Is an existing permitted waste site or facility located on property owned

by the solid waste generator that:

a. Is not located in the same county as the solid waste generator; and

b. Accepts only industrial solid waste from the solid waste generator.

(b) Paragraph (a)2. of this subsection shall include permit modifications granting

vertical or horizontal expansions of that permitted waste site or facility on that

property, including all contiguous or abutting tracts owned by that solid waste

generator prior to January 1, 2026.