KRS 224.43-340: Regulations -- Solid waste management plan -- Designation of

solid waste management areas -- Enforcement representatives.

(1) The cabinet shall promulgate administrative regulations pursuant to KRS

Chapter 224 for the reduction and management of solid waste, consistent with

the statewide solid waste reduction and management plan, the goals

established by KRS 224.43-010, and the provisions of KRS Chapter 109.

(2) Waste management districts, counties, or any combination thereof, shall confer

and determine which shall submit to the cabinet a solid waste management

plan. The plan shall address municipal solid waste management needs for the

area. Each county shall be responsible for implementing the plan, except that

any city that develops the portion of the area plan applicable to its jurisdiction

under KRS 224.43-315 shall be responsible for implementing the portion of the

plan prepared by the city. However, if a county participates in a regional solid

waste management area, then the governing body of the solid waste

management area shall be responsible for implementing those components of

the plan it is assuming on behalf of the county. In counties containing a

consolidated local government, all municipalities therein shall be deemed to be

participating in the solid waste management plan adopted by the waste

management district unless a municipality shall, by ordinance, specifically opt

out of the plan, in which event the municipality shall comply with all

requirements of KRS Chapter 224 and administrative regulations promulgated

pursuant thereto. However, the cabinet shall not disapprove a solid waste

management plan for a single county or municipality within a consolidated local

government if the plan complies with the requirements of KRS Chapter 224

and administrative regulations adopted by the cabinet. Plans shall be updated

once every five (5) years. Plans may be amended and such amendments shall

be submitted to the cabinet for review and approval. The review and approval

of the cabinet shall be limited to a determination of whether the proposed

amendments are in conformity with KRS 224.43-345 and the statewide solid

waste reduction and management plan and KRS Chapter 224 and

administrative regulations adopted by the cabinet.

(3) A county may delegate responsibility for preparing all or portions of the plan to

one (1) or more cities within the county. Such delegation of responsibility shall

be made only with the mutual agreement of the city and county. Each city and

county shall be included in a solid waste management plan.

(4) Cities authorized under KRS 224.43-315 shall have the sole responsibility for

developing and preparing the portion of the solid waste management plan

applicable to the jurisdiction of the city, unless the city elects to have the county

prepare the plan. If the city prepares the solid waste management plan for its

jurisdiction, the city plan shall be incorporated within the area plan prior to its

submission to the cabinet. The plan developed by the city, to the extent

practicable, shall be reasonably consistent with the plan developed by the

county. The cabinet, as a part of the area plan approval process, shall

determine whether the city portion of the area plan is reasonably consistent

with the overall area plan so as to effectuate the purposes of this chapter.

(5) Cities, other than those authorized under KRS 224.43-315, operating solid

waste management facilities or services, or who contracted with a person to

provide such services on or before July 13, 1984, and pay a pro rata share of

the cost of plan development may assume joint responsibility with a county for

plan development. Where joint responsibility for plan development is assumed,

both the county fiscal court and city legislative body must adopt the plan before

it is submitted to the cabinet for approval.

(6) Counties, waste management districts, or any combination thereof preparing

the solid waste management plan shall apply for and be designated as a solid

waste management area. The application shall be submitted by June 1, 1991.

The application shall include but not be limited to:

(a) A brief description of existing disposal capacity and of the capability of the

proposed area to effectively manage solid waste;

(b) Resolution of the fiscal courts of all counties in the proposed area

approving the application for designation;

(c) Resolution of those city legislative bodies in the proposed area that are

currently operating solid waste management facilities or services and will

participate in and provide financial assistance in plan development;

(d) Any agreement or contract necessary to establish the proposed area; and

(e) Resolution of the boards of any existing waste management districts

located within the proposed area approving the application for

designation.

(7) The jurisdiction of the solid waste management area shall be limited to the

geographical area established or designated by the cabinet in accordance with

the provisions of this chapter unless the preparer submits justification for any

deviation therefrom acceptable to the cabinet.

(8) Upon receipt of such application, the cabinet shall, within thirty (30) days either

approve the creation of a proposed solid waste management area or shall

disapprove such application, and in the event of disapproval shall state in

writing the reasons for such disapproval. Any changes in the application

contents shall be submitted to the cabinet.

(9) Solid waste management areas shall be designated for five (5) year periods. At

the end of five (5) years, the plan shall be updated and reapproved by the

cabinet.

(10) If the cabinet does not receive on behalf of a county a solid waste

management plan and the application for a solid waste management area in

which the county will participate required by this section and KRS 224.43-345,

the cabinet may develop a solid waste management plan for that county or

may place that county in a designated solid waste management area.

(11) If the solid waste management plan for a county is not implemented, the

Commonwealth shall not endorse projects that generate solid waste under the

Kentucky intergovernmental review process for that county.

(12) The governing body of a solid waste management area may employ an

enforcement representative to ensure compliance with applicable regulations of

the cabinet relating to construction and operation of municipal solid waste

management facilities. The enforcement representative shall possess at least

minimum qualifications required of representatives of the cabinet performing

similar functions.