{"data":{"id":"us-ky/krs-109.012","jurisdiction":"us-ky","citation":"KRS 109.012","heading":"Definitions for chapter.","body":"As used in this chapter, unless the context requires otherwise:\n(1) \"Board of directors\" or \"board\" means the governing body of a solid waste\nmanagement district;\n(2) \"City\" means an existing city of any class;\n(3) \"County\" means the governing body of a co unty, including urban -county\ngovernments;\n(4) \"Cabinet\" means the Energy and Environment Cabinet;\n(5) \"Franchise\" means a franchise, contract, right, authorization, or privilege granted by\na local government for provision of solid waste management services;\n(6) \"Local government\" means a city, county, urban-county government, charter county\ngovernment, consolidated local government, or unified local government or a solid\nwaste management district created pursuant to KRS Chapter 109;\n(7) \"Long-term contract\" means a contract of sufficient duration to assure the viability\nof a resource recovery facility to the extent that such viability depends upon solid\nwaste supply;\n(8) \"Recovered material\" means those materials which have known current use, reuse,\nor recycling potential, which can be feasibly used, reused, or recycled, and which\nhave been diverted or removed from the solid waste stream for sale, use, reuse, or\nrecycling, whether or not requiring subsequent separation and processing, but does\nnot include mat erials diverted or removed for purposes of energy recovery or\ncombustion except refuse -derived fuel (RDF), which shall be credited as a\nrecovered material in an amount equal to that percentage of the municipal solid\nwaste received on a daily basis at the p rocessing facility and processed into RDF;\nbut not to exceed fifteen percent (15%) of the total amount of the municipal solid\nwaste received at the processing facility on a daily basis;\n(9) \"Recovered material processing facility\" means a facility engaged solely in the\nstorage, processing, and resale or reuse of recovered material but does not mean a\nsolid waste management facility if solid waste generated by a recovered material\nprocessing facility is managed pursuant to KRS Chapter 224 and administrative\nregulations adopted by the cabinet;\n(10) \"Person\" means an individual, trust, firm, joint stock company, corporation\n(including a government corporation), partnership, association, federal agency, state\nagency, city, commission, political subdivision of th e Commonwealth, or any\ninterstate body;\n(11) \"Service company\" means any person or entity duly authorized by an agency of the\nCommonwealth of Kentucky pursuant to the Kentucky Revised Statutes, or\nadministrative regulations promulgated thereunder, for the provision of solid waste\nmanagement services;\n(12) \"Solid waste\" means any garbage, refuse, sludge, and other discarded material,\nincluding solid, liquid, semisolid, or contained gaseous material resulting from\nindustrial, commercial, mining (excluding coa l mining waste, coal mining by -\nproducts, refuse and overburden), agricultural operations, and from community\nactivities, but does not include those materials including but not limited to sand,\nsoil, rock, gravel, or bridge debris extracted as part of a pub lic road construction\nproject funded wholly or in part with state funds, recovered material, post -use\npolymers or recovered feedstocks as those terms are defined in KRS 224.1 -010,\nspecial wastes as designated by KRS 224.50 -760, solid or dissolved material in\ndomestic sewage, manure, crops, crop residue, or a combination thereof which are\nplaced on the soil for return to the soil as fertilizers or soil conditions, or solid or\ndissolved materials in irrigation return flows or industrial discharges which are\npoint sources subject to permits under Section 402 of the Federal Water Pollution\nControl Act, as amended (86 Stat. 880), or source, special nuclear, or by -product\nmaterial as defined by the Atomic Energy Act of 1954, as amended (68 Stat. 923).\n(a) \"Household solid waste\" means solid waste, including garbage and trash\ngenerated by single and multiple family residences, hotels, motels, bunk\nhouses, ranger stations, crew quarters, and recreational areas such as picnic\nareas, parks, and camp grounds;\n(b) \"Commercial solid waste\" means all types of solid waste generated by stores,\noffices, restaurants, warehouses, and other service and nonmanufacturing\nactivities, excluding household and industrial solid waste;\n(c) \"Industrial solid waste\" means solid waste  generated by manufacturing or\nindustrial processes that is not a hazardous waste or a special waste as\ndesignated by KRS 224.50 -760, including but not limited to waste resulting\nfrom the following manufacturing processes: electric power generation;\nfertilizer or agricultural chemicals; food and related products or by -products;\ninorganic chemicals; iron and steel manufacturing; leather and leather\nproducts; nonferrous metals manufacturing/foundries; organic chemicals;\nplastics and resins manufacturing; pulp  and paper industry; rubber and\nmiscellaneous plastic products; stone, glass, clay, and concrete products;\ntextile manufacturing; transportation equipment; and water treatment; and\n(d) \"Municipal solid waste\" means household solid waste and commercial soli d\nwaste;\n(13) \"Solid waste management\" or \"solid waste management services\" means the\nadministration of solid waste activities: collection, storage, transportation, transfer,\nprocessing, treatment, and disposal, which shall be in accordance with a cabinet\napproved county or multicounty solid waste management plan of the cabinet. For\nthe purposes of subsection (5) of this section and KRS 109.0417, \"solid waste\nmanagement services\" additionally includes collection, storage, transportation,\ntransfer, processin g, treatment, and disposal of special wastes, as designated by\nKRS 224.50 -760, and curbside collection of recovered material, but does not\ninclude advanced recycling as defined in KRS 224.1-010;\n(14) \"Solid waste management area\" or \"area\" means any geogra phical area established\nor, designated by the cabinet in accordance with the provisions of KRS Chapter\n224;\n(15) \"Solid waste management facility\" means any facility for collection, storage,\ntransportation, transfer, processing, treatment, or disposal of s olid waste, whether\nsuch facility is associated with facilities generating such wastes or otherwise, but\ndoes not include a container located on property where solid waste is generated and\nwhich is used solely for the purpose of collection and temporary st orage of that\nsolid waste prior to off -site disposal, or a recovered material processing facility\nwhich is subject to regulation pursuant to the chapter for control of environmental\nimpacts and to prevent any public nuisance, or an advanced recycling facil ity as\ndefined in KRS 224.1-010; and\n(16) \"Waste management district\" means any county or group of counties electing to\nform under the provisions of KRS 109.115 and operate in conformance with the\nprovisions of this chapter and with Section 4006 of the Res ource Conservation and\nRecovery Act of 1976, as amended (P.L. 94-580).","path":["KRS Chapter 109"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=52662","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:50:10Z","sha256":"0e1a8b4e69fe578df1555e08f482d391df7a8c7ac2b0dc832d03f02610627cb6","source_id":"us-ky","stale":false,"prev":"us-ky/krs-109.011","next":"us-ky/krs-109.015"},"notice":"GroundRules: Original legal text. Not legal advice."}