KRS 224.43-345: Contents of area solid waste management plan -- Approval by

cabinet.

(1) Each area solid waste management plan shall be prepared in accordance with

any administrative regulations of the cabinet and shall be required to include

the following:

(a) Identification of the area that will be included in the plan;

(b) A demographic study of the planning area of current and projected

populations five (5), ten (10) and twenty (20) years in the future. A

projection of the amount and source of solid waste generated, collected,

and requiring disposal at municipal solid waste disposal facilities for each

of these time periods shall be provided;

(c) An inventory and description of all existing solid waste management

facilities and activities. The description shall include their identity, location,

life expectancies, ownership, cost to the users, and level of compliance

with state and federal laws. The description is not required to include any

solid waste management facility which is operated exclusively by a solid

waste generator on property owned by the solid waste generator for the

purpose of accepting solid waste from the solid waste generator or waste

generated at another facility owned and operated by the generator or

wholly owned subsidiary. After commencement of operation by a solid

waste generator of a solid waste disposal facility which is permitted but

not included in a solid waste management plan, an amendment to a solid

waste management plan shall be required for any solid waste which is to

be no longer disposed by the solid waste generator in its own solid waste

disposal facility;

(d) An estimate of the area's long-range needs for solid waste management

and facilities for five (5), ten (10), and twenty (20) years into the future;

(e) Identification and assessment of current and future solid waste

management problems faced by the area. List any deficiencies with

existing solid waste management facilities in meeting current and future

area needs, and identify opportunities for improvement;

(f) Outline short-term, mid-term, and long-term goals and objectives of the

solid waste management area. The goals and objectives shall be

consistent with the policies and goals set out in KRS 224.43-010;

(g) Based on the problems, needs, goals, and objectives previously

identified, identify alternative approaches to solid waste management and

select the optimal alternatives. Solid waste management activities and

facilities to be addressed include:

1. Identification of those regulations and ordinances which provide for

proper, safe, and sanitary management of solid waste;

2. A description of proposed improvements to existing solid waste

collection and transportation systems necessary to achieve

universal collection;

3. Establishment of a siting procedure and development program to

assure the orderly location, development, and financing of new or

expanded municipal solid waste management facilities. The plan

shall demonstrate how all persons in the planning area will within the

near future have reasonable opportunity to dispose of their waste in

a manner that complies with state and federal laws;

4. Identification of planned programs for the control and cleanup of

litter and open dumps. The programs shall include: identification of

an approved schedule for the cleanup of open dumps in existence

as of October 1, 2002; an annual survey of the planning area to

discover new open dumps which shall then be scheduled for

cleanup within one (1) year unless the cabinet approves a longer

schedule; measures to prevent the recurrence of dumping at sites

which are cleaned up; cleanup of litter along public roads three (3)

times per year; and cleanup of litter along city streets two (2) times

per year. In these public road cleanups and also open dump

cleanups, nonviolent misdemeanant and Class D felon inmate

laborers may be used. A county that does not receive in any year an

allocation from the Kentucky pride fund sufficient to complete the

number of road cleanups provided for in this section shall not be

deemed out of compliance;

5. An assessment of opportunities to reduce the need for land disposal

by banning grass clippings, leaves, and other yard wastes from

municipal solid waste disposal facilities and the institution of

composting operations for grass clippings, leaves, and other yard

wastes;

6. Establishment of a plan to reduce the need for land disposal through

waste reduction and recycling, materials recovery, and energy

recovery and the provision of opportunities for recycling that may

include, but are not limited to, drop-off centers or door-to-door

collection. Where recycling or material recovery is not deemed

feasible, specific factual analysis shall be provided to support the

conclusion; and

7. A description of any proposed recycling, materials recovery, or

energy recovery plan or facility;

(h) A five (5) year schedule and description of activities to be undertaken to

implement the proposed plan;

(i) A description of short-term costs of the plan including capital and

operational costs for each element of the plan, and the identification of the

means of financing plan implementation;

(j) Designation of the governing body for implementation of the solid waste

management plan or components of the plan. A description of its

responsibilities and authority shall be provided;

(k) A description of proposed surveillance and enforcement procedures to

assure that solid waste in the planning area is properly managed.

Identification of modifications to local laws and regulations necessary to

implement the area plan;

(l) Specific provisions to assure that adequate capacity for a ten (10) year

period shall be available for municipal solid waste generated in the solid

waste management area, and identification of any additional capacity

authorized for disposal of out-of-area municipal solid waste;

(m) Contractual agreements for use of waste disposal capacity at any

municipal solid waste disposal facility inside or outside the waste

management area identified and relied upon in the plan;

(n) Provisions to assure achievement of the policies and goals of KRS

224.43-010;

(o) Establishment of a public information and participation process including

the following components:

1. Formation of an advisory committee composed of local residents;

business and industry representatives; and, with respect to

collection of solid waste, representatives of any city that is located

within the solid waste management area, is not a designated city as

defined in KRS 224.43-315(9), and is not located within a county

containing a consolidated local government;

2. Preparation of a draft plan for public notice and comment;

3. Convening of a public hearing upon request; and

4. Publication of a response to public comments.

(2) A solid waste management plan complying with subsection (1) of this section

shall be submitted to the cabinet by October 1, 2002, and updated every five

(5) years thereafter. The cabinet shall make its determination approving or

disapproving a plan within one hundred twenty (120) days of receipt. A plan on

which the cabinet has not yet made a determination shall remain in effect until

the determination is made.