KRS 224.46-505: Legislative findings and statement of policy.

The General Assembly of the Commonwealth of Kentucky hereby finds, determines, and

declares as follows:

(1) That technological progress and increases in the amounts of manufacturing are

continuing to result in increasing quantities of hazardous waste being generated and

prohibiting the generation of hazardous waste would result in a competitive

economic disadvantage for the Commonwealth;

(2) That the Commonwealth is the site of much improper and inadequately regulated

handling, treatment, transportation, st orage, and disposal of hazardous waste which

presents a threat to the public health, safety, and welfare and the environment;

(3) That by the enactment by the Congress of the United States of the Resource

Conservation and Recovery Act of 1976, as amended ( PL 94-580), the generation,

transportation, treatment, storage, recycling, and disposal of hazardous waste has

been determined to be a matter of national importance, recognizing that hazardous

waste presents, in addition to the problems generally associate d with nonhazardous

waste, special dangers to health and requires a greater degree of regulation than

does nonhazardous waste;

(4) That the primary responsibility for proper hazardous waste management rests with

the generators, transporters, treaters, stor ers, recyclers, and disposers of hazardous

waste, subject to rules, regulations, guidelines, and standards promulgated by the

Energy and Environment Cabinet and also subject to registration or permitting by

the cabinet for the purpose of effectuating safe and proper management at all steps

in the hazardous waste cycle;

(5) That the participation of the private sector and the interested public in any aspect of

hazardous waste management not expressly reserved as state or federal authority as

set forth in KRS 224.46-510 to 224.46 -570 or other statutes is encouraged,

moreover, it is preferable for hazardous waste management functions to be

performed by the private sector when such is in the best interest of the public and

conforms with the policies and provisio ns set forth in KRS 224.46 -510 to 224.46 -

570;

(6) That as a matter of policy the prevention of pollution or reduction of waste at its

source is the preferred management option. Pollutants that cannot be prevented

should be recycled in an environmentally -safe manner whenever feasible. Pollution

that cannot be prevented or recycled should be treated; and, disposal or other release

into the environment should only be employed when no other feasible option is

available; and

(7) That as a result of the condition s described in the foregoing findings, the problems

of hazardous waste generation, transportation, treatment, storage, recycling, and

disposal have become a matter of extreme state concern necessitating action by the

General Assembly to protect the public health, safety, and welfare and the

environment of the Commonwealth.