{"data":{"id":"us-ky/krs-224.40-100","jurisdiction":"us-ky","citation":"KRS 224.40-100","heading":"Disposal at other than permitted site or facility prohibited -- Open","body":"dump prohibited -- Exception -- Compliance with regulations required --\nDamages for noncompliance -- Ordinances against open dumping.\n(1) No person shall transport to or dispose of waste at any site or facility other than a\nsite or facility for which a permit for waste disposal has been issued by the cabinet.\nUpon request, any transporter of waste shall receive from the cabinet a current list\nof permitted waste disposal si tes or facilities and shall be subsequently notified of\nany new permits or changes in the status of permits for waste disposal sites and\nfacilities in the Commonwealth.\n(2) The use of open dumps is prohibited except in the case of an open dump which is\nunder a timetable or schedule for compliance approved by the cabinet. The cabinet\nmay enjoin the operation of any open dump which does not have a timetable or\nschedule of compliance approved by the cabinet.\n(3) The cabinet may require any person who violates this section or KRS 224.40-305 to\ntake appropriate response actions to close and reclaim or upgrade open dumps to\ncomply with applicable administrative regulations adopted by the cabinet. If a\ndemand for response action is not implemented within a time per iod specified in a\ndemand or timetable or schedule for compliance issued or approved by the cabinet,\nthe cabinet may enjoin the operation of the open dump and restore the site.\n(4) Except as provided in KRS 224.43 -020, the cabinet may assess any person who\nviolates this section by failing to take appropriate actions to close and reclaim or\nupgrade open dumps, damages in an amount equal to the cost of closure as\nestimated by the cabinet. The money collected shall be placed in the agency account\nestablished under KRS 224.40-650(4) to be used for the site closure and restoration.\nAny money remaining after site closure and restoration from the amount assessed\nshall be returned to the person against whom any assessment was made.\n(5) A legislative body of a local government, as defined in KRS 65.8805, that has not\nadopted the procedures provided for in KRS 65.8801 to 65.8840 may adopt\nordinances against open dumping and impose a civil fine of not less than two\nhundred fifty dollars ($250) and not more than five hun dred dollars ($500) on any\nperson who violates subsection (1) of this section. Penalties shall be imposed by the\nDistrict Court in the county where the offense occurred and shall be collected by the\nCircuit Court clerk and transferred to the treasurer in t he county where the offense\noccurred for the abatement, cleanup, and restoration of the open dump site. Nothing\ncontained in this subsection shall limit the cabinet's authority to:\n(a) Regulate the transport, permitting, or disposal of solid waste; or\n(b) Prohibit open dumping, impose fines and penalties, or impose any other\nrequirements on solid waste disposal.\n(6) The District Court shall not enforce any provision of this section relating to\nimproper disposal of solid waste against an owner, occupant, or person having\ncontrol or management of any land if the owner, occupant, or person is:\n(a) Not the generator of the solid waste or is not disposing or knowingly allowing\nthe disposal of solid waste and has made reasonable efforts to prevent the\ndisposal of solid waste by other persons onto the property; or\n(b) A solid waste management facility operating in compliance with its solid\nwaste management permit.","path":[],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=51309","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:52:40Z","sha256":"4dc9525e830f8efd927b0832af321f551b61542917225a496a7607066865744f","source_id":"us-ky","stale":false,"prev":"us-ky/krs-224.390","next":"us-ky/krs-224.40-110"},"notice":"GroundRules: Original legal text. Not legal advice."}