{"data":{"id":"us-ky/krs-224.40-315","jurisdiction":"us-ky","citation":"KRS 224.40-315","heading":"Requirements for acceptance and approval of permits to construct or","body":"expand municipal solid waste disposal facility.\n(1) No permit to construct or expand a municipal solid waste disposal facility shall be\naccepted for processing by the cabinet unless the application contains a\ndetermination from the governing body for the solid waste management area in\nwhich the facility is or will be located concerning the consistency of the application\nwith the area solid waste management plan submitted under KRS 224.43-345(1)(a)\nto (d) and (l) until January 1, 1993, and the entire plan after January 1, 1993. The\ngoverning body for the area shall, within sixty (60) days of receipt of a written\nrequest, make the determination after public notice and opportunity for public\ncomment and public hearing. For applications with a notice of intent filed prior to\nFebruary 26, 1991, the cabinet shall continue to process the application but no\npermit shall be approved until the governing body for the solid waste management\narea in which the facility is or will be located has made a determination in\naccordance with this section.\n(2) No permit to construct or expand a municipal solid waste disposal facility shall be\napproved unless the applicant affirmatively demonstrates and the cabinet makes a\nwritten finding in the preliminary determination made pursuant to KRS 224.40 -\n310(2) that the application conforms to and is consistent with all of the following:\n(a) The capacity needs identified in the area solid waste management plan;\n(b) Other elements of the area solid waste management plan, for permit\napplications filed after approval of those elements;\n(c) The statewide solid waste reduction and management plan, for permit\napplications filed after completion of the plan; and\n(d) Applicable zoning regulations adopted pursuant to KRS Chapter 100.\n(3) If the cabinet approves a permit to construct or expand a municipal solid waste\nmanagement facility after the governing body for the area has determined the\napplication to be inconsistent with the area solid waste management plan, as part of\nthe written finding the cabinet shall state in detail the reasons why it did not accept\nthe determination of the governing body for the area.\n(4) (a) For the purposes of this section, the term municipa l solid waste disposal\nfacility includes, in addition to those facilities defined in KRS 224.1 -010(14),\nany residual or contained landfill or incinerator disposing of industrial solid\nwaste, but does not include a waste site or facility that is owned and o perated\nby a solid waste generator and:\n1. Exclusively accepts industr ial solid waste generated from industrial\nactivities of that generator that occur on the same, contiguous, or\nadjacent property, including where divided by a roadway, as well as any\nadditional industrial solid waste received from a corporate affiliate or\ngenerated at another facility owned by the generator; or\n2. Is an existing permitted waste site or facility located on property owned\nby the solid waste generator that:\na. Is not located in the same county as the solid waste generator; and\nb. Accepts only industrial solid waste from the solid waste generator.\n(b) Paragraph (a)2. of this subsection shall include permit modifications granting\nvertical or horizontal expansions of that permitted waste site or facility on that\nproperty, including all contiguous or abutting tracts owned by that solid waste\ngenerator prior to January 1, 2026.","path":[],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=56836","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:52:40Z","sha256":"ae379a66e7a4294ef25beae0509774fb31f60a971bf9ff68ac56728bbfd25591","source_id":"us-ky","stale":false,"prev":"us-ky/krs-224.40-310","next":"us-ky/krs-224.40-320"},"notice":"GroundRules: Original legal text. Not legal advice."}