KRS 224.43-315: Requirement for county universal municipal solid waste collection

program -- Options -- Registration and report of persons providing collection

services -- Annual report -- Performance contract -- Counties and agreements

with designated cities -- Effect of failure to comply -- Exclusion.

(1) Each county shall provide a universal collection program by October 1, 2003, for all

municipal solid waste generated within the county. Collection programs may

include one (1) or more of the following options:

(a) Door-to-door household collection: Collection service may be provided by the

county, by contract, or franchise;

(b) Direct haul to staffed convenience centers or staffed transfer facilities within

the county: The county may allow residents to hau l their waste directly to

cabinet-approved staffed convenience centers or staffed transfer facilities

within the county. The number of convenience centers and transfer facilities

shall be adequate to assure reasonable convenience; and

(c) Other alternative s proposed by counties: Counties may propose other

alternatives including subscription service and unstaffed convenience centers,

and the cabinet shall approve same as long as the county can demonstrate that

all of its citizens are being given access to th e solid waste collection system

which is proposed.

(2) Beginning October 1, 2003, all persons providing collection service, including

collection for the purpose of recycling, shall register annually with the counties in

which they provide the service.

(3) Beginning March 1, 2004, all persons providing collection service, including

collection for the purpose of recycling, shall report annually to the counties in which

they provide the service. The reports shall include:

(a) The number of households, business es, and industries from which municipal

solid waste was being collected on October 1 of the previous year;

(b) The amount of municipal solid waste collected for disposal during the

previous calendar year;

(c) The amount of municipal solid waste collected f or recycling, by volume,

weight, or number of items during the previous calendar year; and

(d) The types of items collected for recycling.

(4) The county shall submit an annual report to the cabinet and to any waste

management district of which it is a mem ber detailing its solid waste collection

activities in accordance with this section and any requirements established by the

cabinet by administrative regulation.

(5) The county may enter into agreements with any person for the performance of the

responsibilities described in this section, including cities within its geographic

boundaries, but the county shall be responsible for providing the universal

collection program described in this section, except:

(a) Any designated city having sole responsibility for developing its portion of the

solid waste plan shall be responsible for providing the universal collection

within its jurisdiction; or

(b) Any city contracting for the collection of its solid waste on February 26, 1991,

may continue to contract for the c ollection of its solid waste if the contract

provides for disposal in accordance with the area solid waste management

plan.

(6) Any agreement that the county enters into after June 29, 2017, for the collection of

solid waste in a city that is not a designated city as defined in subsection (9) of this

section within the solid waste management area shall include both the county and

the city.

(7) If a county or city fails to comply with the provisions of this section, the

Commonwealth shall not endorse projects that generate solid waste under the

Kentucky intergovernmental review process for the county or city.

(8) A commercial or indu strial entity which transports or contracts for the transport of

the municipal solid waste it generates or which operates an industrial solid waste

management facility for its exclusive use may be excluded from participation in the

universal collection program, if the commercial or industrial entity demonstrates to

the county that the solid waste generated is disposed of in accordance with

applicable statutes and administrative regulations.

(9) (a) As used in this section, "designated city" means a city of the first class or a

city on the registry maintained by the Department for Local Government

under paragraph (b) of this subsection.

(b) On or before January 1, 2015, the Department for Local Government shall

create and maintain a registry of cities that, a s of August 1, 2014, were

classified as cities of the second class. The Department for Local Government

shall make the information included on the registry available to the public by

publishing it on its Web site.