{"data":{"id":"us-ky/krs-109.011","jurisdiction":"us-ky","citation":"KRS 109.011","heading":"Findings and declaration of purpose -- Intent.","body":"The General Assembly of the Commonwealth of Kentucky hereby finds, determines, and\ndeclares, as follows:\n(1) That an ever -increasing volume of solid waste both within and outside the\nCommonwealth is being generated as a result of increasing economic and\ncommercial activity, continuing technological progress, and changes in methods of\nmanufacturing, packaging, and marketing of consumer products, which results in\nadditional solid wastes discarded by the users of these products;\n(2) That the continued economic  and population growth of the Commonwealth has\nrequired increased industrial and commercial expansion and has made necessary the\ndemolition of obsolete structures, the construction of new structures, the provision\nof highways and other avenues of transport ation, and the construction and\ninstallation of public works which, together with pre -existing commercial,\nindustrial, and agricultural operations, have resulted in the generation of further\nvolumes of solid waste;\n(3) That the handling of solid wastes has  been primarily carried out through the\ndumping of wastes on open soil and in landfills, which in some cases are inimical to\nthe public health, safety, and welfare;\n(4) That by the enactment by the Congress of the United States of the Resource\nConservation and Recovery Act of 1976 (Public Law 94 -580), as amended, the\ncollection, sanitary disposal, and recovery of solid waste has been determined to be\na matter of nationwide importance, recognizing that the management of solid waste\nshould continue to be prim arily the function of state, regional, and local agencies;\nand that pursuant to this federal law, the Commonwealth has taken and will take\ncertain actions in respect to the planning and implementation of solid waste plans\nwithin the guidelines of time requirements set forth in this federal law;\n(5) That as a result of the conditions described in the foregoing findings, problems of\nsolid waste collection, management, and treatment, and resource recovery activities\nin connection therewith have become a matter  of statewide concern necessitating\naction by the General Assembly to:\n(a) Enable responsible planning and management agencies to be created to define\nsolid waste management requirements, with all of the foregoing subject to\nregulation by the Energy and Environment Cabinet;\n(b) Assist those units of government primarily responsible for the management of\nsolid waste and the acquisition, financing and operation of facilities to dispose\nof solid waste to fulfill their functions in a responsible and proper mann er\nwith primary emphasis on the regionalization of these functions; and\n(c) Reduce the amount of solid waste generated and disposed in Kentucky;\n(6) That it is the intent of the General Assembly of the Commonwealth of Kentucky\nthat the primary responsibili ty for adequate solid waste collection, management,\ntreatment, disposal, and resource recovery shall rest with combinations of counties\nand waste management districts, subject to standards set by administrative\nregulations adopted by the Energy and Environ ment Cabinet. In those cities\ncurrently operating solid waste management systems, the city and county may\nassume joint responsibility of preparing a solid waste management plan. If it is in\nthe best public interest to do so and with the mutual agreement of  both the county\nand city, a county may delegate responsibility for adequate collection, management,\ntreatment, disposal, or materials recovery to a city. This delegation of responsibility\nis contingent upon the approval of a solid waste management plan by  the cabinet.\nThe purpose of delegating responsibilities shall be to effectuate the safe and sanitary\nmanagement, use, and handling of solid waste, the protection of the health, welfare,\nand safety of the citizens and inhabitants of the Commonwealth, and f or making the\nmost efficient use of all resources for the benefit of the citizens and inhabitants of\nthe Commonwealth;\n(7) That the General Assembly recognizes the generation of solid waste is inevitable,\nbut much of it is unnecessary and should be discour aged. However, where solid\nwaste does exist, it should be considered to the extent possible as a valuable\nresource, and be made use of wherever and whenever desirable and economically\njustifiable. Therefore, it shall be the policy of the Commonwealth to, a bove all\nthings, encourage resource conservation and preservation of our natural resources\nbefore waste contributes in a needless fashion to the volumes of solid waste and\nlitter produced by our society; but in dealing with existing solid waste, materials\nrecovery from the solid waste stream is deemed to be the most environmentally\nsound alternative for handling waste;\n(8) It is not the intent of this chapter to prohibit or discourage the participation of the\nprivate sector in any aspect of solid waste mana gement. Moreover, it is preferable\nfor solid waste management functions to be performed by the private sector when it\nis in the best interests of the public and conforms with the policies and provisions in\nthis chapter;\n(9) It is the intent of the General Assembly that counties and waste management\ndistricts cooperate to develop and implement the solid waste management plans\nmandated by KRS Chapter 224 and the administrative regulations adopted by the\ncabinet with the goal of regionalizing the management of solid waste;\n(10) It is the intent of the General Assembly that waste requiring disposal in municipal\nsolid waste disposal facilities be reduced and that solid waste be managed in an\nenvironmentally protective manner;\n(11) Notwithstanding any provision of KRS Chapters 82, 83, and 94, it is the intent of\nthe General Assembly that this chapter and KRS 67.083(3)(o) provide counties with\nauthority to develop a solid waste management system for solid waste generated\nwithin the ge ographical boundaries of the county, consistent with the provisions of\nthis chapter and KRS Chapter 224. It is further the intent of the General Assembly\nthat cities be authorized to finance, own, and operate solid waste management\nsystems with the consent of the county or by contract with the county, except that in\nthe event a county fails to submit a solid waste management plan pursuant to KRS\nChapter 224 cities may proceed to develop solid waste management systems\nconsistent with administrative regulatio ns adopted by the cabinet pursuant to KRS\nChapter 224. Cities that develop solid waste management facilities pursuant to this\nsection shall have all the powers and restrictions set forth for counties in KRS\n109.041, 109.056, and 109.059; and\n(12) It is the intent of the General Assembly that waste management districts which are\nformed and operated under this chapter shall comply with the standards set by\nadministrative regulations adopted by the cabinet pursuant to KRS Chapter 224.","path":["KRS Chapter 109"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=27245","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:50:10Z","sha256":"12c288a4a3657a1842728e2eba69e2f5b9f889212d98f95d1fccb8c215954f7b","source_id":"us-ky","stale":false,"prev":"us-ky/krs-109.010","next":"us-ky/krs-109.012"},"notice":"GroundRules: Original legal text. Not legal advice."}