KRS 224.43-380: Consent to service of transporters of out -of-state waste --

Documentation -- Filing -- Effect.

(1) No person shall transport or cause to be transported from outside the

Commonwealth to a municipal solid waste management facility in the

Commonwealth any waste unless each of the following persons, if not a resident of

the Commonwealth at the time the waste is transported, has first irrevocably

consented in writing to the jurisdiction of the courts of the Commonwealth and

service of process in the Comm onwealth, including summons and subpoenas, for

any civil or criminal proceeding arising out of or relating to the waste that is

shipped to a facility in this state:

(a) Any person who actually transports the waste;

(b) The employer of the person who actually transports the waste;

(c) Any person acting as a broker or otherwise arranging or contracting for the

transportation of the waste, with the exception of persons initially generating

municipal solid waste; and

(d) Any person who has contracted with the o wner or operator of the facility for

management of the waste at that facility.

(2) The original of the consent -to-service document shall be filed with the cabinet. A

copy shall be filed with the owner or operator of each municipal solid waste

management facility to which the waste is transported. The original and each copy

shall be sent by certified mail, return receipt requested, at least seven (7) days

before the first shipment of waste to a waste site or facility in the Commonwealth in

the year for which the document is filed. The document shall be updated to reflect

any changes in circumstances and refiled.

(3) A person who enters the Commonwealth pursuant to a summons, subpoena, or

other form of process authorized by this section is not subject to servi ce of process

in connection with nonrelated matters that arise before his entrance into the

Commonwealth.

(4) No owner, operator, or employee of a municipal solid waste management facility

shall accept for treatment, transfer, storage, or disposal at the f acility any waste

from outside the boundaries of the Commonwealth unless a copy of the consent -to-

service document required by this section and applicable to the waste is on file at

the facility.

(5) The owner or operator of a municipal solid waste managem ent facility shall keep

the consent-to-service documents filed with him under this section at the facility in

such a location and manner that they are readily accessible to the cabinet.