{"data":{"id":"us-ky/krs-109.041","jurisdiction":"us-ky","citation":"KRS 109.041","heading":"County powers for solid waste management.","body":"(1) In addition to all other powers enumerated in Chapter 67 and other sections of\nthe Kentucky Revised Statutes, counties, acting by and through their fiscal\ncourts, may own and hold the permit for, plan, initiate, acquire, construct, and\nmaintain solid waste management  facilities, enter into contracts or leases with\nprivate parties for the design, construction, or operation of a publicly-owned\nsolid waste management  facility, and adopt administrative regulations with\nrespect thereto in accordance with this chapter. It is hereby determined and\ndeclared that in the implementation, acquisition, financing, and maintenance of\nsolid waste management  facilities, and in the enforcement of their use,\ncounties will be performing state functions duly delegated to them for the public\nwelfare. In such regard, the right of counties to condemn land necessary for the\nacquisition of solid waste management  facilities pursuant to the Eminent\nDomain  Act of Kentucky and to exercise the police power in respect thereto is\nconfirmed. Any county may contract with third parties for the management  by\npublic or private means of solid waste within the county.\n(2) No  solid waste management  facility shall be acquired and constructed until the\nconstruction thereof has been approved in writing by the cabinet. Planning for a\nsolid waste management  facility shall be conducted in accordance with the\npolicy set forth in KRS 109.011(7) and KRS Chapter 224.\n(3) No  county or waste management  district shall prohibit or otherwise restrict\nmaterials recovery by:\n(a) Any materials recovery operation in existence in the county or district on\nthe effective date of the mandatory program;\n(b) Any  person supplying material to materials recovery operations on the\neffective date of the mandatory program;\n(c) Any  new  materials recovery operation that reclaims the same  type of\nmaterials as materials recovery operations included in paragraph (a) of\nthis subsection;\n(d) Any  new  suppliers to materials recovery operations included in\nparagraphs (a) and (c) of this subsection;\n(e) Any  materials recovery operation for glass, plastic, or metal beverage\ncontainers, unless a commitment has been made  by a local government\nor other political subdivision of the state, by ordinance or contract, to a\nsolid waste project consistent with the provisions of this chapter, that is\ndependent  upon  the materials recovery of glass, plastic, or metal\nbeverage containers to meet its financial obligations for said project, and\nsuch commitment has been made prior to the operation of any other such\nmaterials recovery facility in the county or district;\n(f) Any  other materials recovery operation within the county or district not\nincluded in paragraphs (a) through (e) of this subsection or the supply of\nmaterials to such operation unless it is established that such operation\nwould  jeopardize the ability of a local government or other political\nsubdivision of the state to meet financial obligations incurred in the\nmaintenance, operation, or amortization of capital acquisition costs for a\nsolid waste management  facility; or\n(g) In a county containing a consolidated local government, any municipality\nlocated within the geographic area of the county or waste management\ndistrict created to serve that county.\n(4) Notwithstanding any other provision of the Kentucky Revised Statutes to the\ncontrary, no county or waste management  district shall regulate special wastes\nas defined in KRS  224.50-760, other than sludge from water and waste water\ntreatment facilities as it pertains to landfarming, or solid waste from agricultural\nor mining operations.\n(5) Any county undertaking the planning, implementation, construction, installation,\nacquisition, and financing of a solid waste management  facility pursuant to this\nchapter shall have the authority set forth in Chapter 58 of the Kentucky\nRevised Statutes concerning the financing of such solid waste management\nfacility, including the authority to promulgate, enforce, and collect reasonable\nrates, rentals, and charges for the use of such solid waste management  facility.\n(6) Bonds  authorized to be issued by any county pursuant to the authority of this\nchapter for the financing of solid waste management  facilities may be sold at\neither private or public sale as may in the sound discretion of the county be in\nthe best interests of the county.\n(7) Any county undertaking solid waste management  pursuant to the provisions of\nthis chapter may  contract with any person for the provision of solid waste\nmanagement  services. A county may  contract with any city to provide solid\nwaste management  services or may delegate the responsibility for solid waste\nmanagement  within incorporated areas to a city when  the city agrees to\nassume  such responsibility. In connection with solid waste management,  any\ncounty may enter into contracts with any person for any term of years.\n(8) Counties are authorized to charge a reasonable fee to transporters for the\nhandling of their waste at a solid waste management  facility approved by the\ncabinet.\n(9) Counties are authorized to sell or market materials and energy recovered from\nsolid waste and to enter into long-term contracts guaranteeing supply to insure\nmarkets for the sale of recovered products.\n(10) In carrying out the provisions of this chapter, counties shall be subject to\nstandards set by regulations adopted by the cabinet on waste management\npursuant to KRS Chapter 224.\n(11) No  county or waste management  district shall prohibit long-term contracts by\nordinance or other means.\n(12) Counties are expressly authorized in addition to the powers enumerated in\nKRS  Chapter 65 and this chapter to contract with one another in order to\nregionalize solid waste management  to the maximum  extent practicable.\n(13) Notwithstanding any other provision of law, a fiscal court may, by ordinance,\ncreate a solid waste district to exercise the powers of the county pursuant to\nthis chapter, except that a district created for this purpose shall not levy or\ncollect ad valorem property taxes.\n(14) If a city within a county containing a consolidated local government is in\nconformity with the Resource Conservation and Recovery Act of 1976, 42\nU.S.C. secs. 6901 et seq., and is in conformity with all state statutes and\nadministrative regulations applicable to the collection, management,  and\ntreatment of solid waste and resource recovery therefrom, the consolidated\nlocal government or waste management  district serving the county containing\nthe consolidated local government shall not, directly or indirectly, hinder, delay,\nimpair, prohibit, or impede  any city or its contractors and  agents from\naccessing, utilizing, and otherwise using any solid waste management  facility\nfor the disposal of solid waste. The consolidated local government or waste\nmanagement  district shall not charge a city within the county containing the\nconsolidated local government, or the city's contractors and agents, directly or\nindirectly, any fee that is based, directly or indirectly, on the composition of the\nsolid waste stream of that city if the solid waste stream is in conformity with\nstate and federal law for the use of the solid waste management  facility\nreceiving the waste.","path":["KRS Chapter 109"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=45581","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:50:10Z","sha256":"cbdfae0a68a4b2d9d9b2ebef76375cfeead9ab40456d47c93e318e61e6e750b3","source_id":"us-ky","stale":false,"prev":"us-ky/krs-109.040","next":"us-ky/krs-109.0415"},"notice":"GroundRules: Original legal text. Not legal advice."}