{"data":{"id":"us-ky/krs-224.40-650","jurisdiction":"us-ky","citation":"KRS 224.40-650","heading":"Bond of operator -- Release -- Forfeiture to solid waste disposal site","body":"restoration fund -- Amendment of permit -- Successor operator -- Reclamation\nby intergovernmental cooperation.\n(1) Before the cabinet may issue a permit to operate a solid waste  disposal facility, the\noperator shall file with the cabinet a bond payable to the Commonwealth of\nKentucky with surety satisfactory to the cabinet in a sum to be determined by the\ncabinet on the recommendation of the secretary of each acre or fraction the reof of\nthe area of land affected, with a minimum bond of ten thousand dollars ($10,000)\nper site, conditioned upon the faithful performance of the requirements in this\nchapter and of the rules and administrative regulations of the cabinet to insure\nsatisfactory closure of the facility. The cabinet may accept liquid or semi -liquid\nassets deposited in an escrow account for the operating life of the landfill plus not\nless than two (2) additional years as an alternative guarantee of adequate financial\nresponsibility for closure of the facility. The cabinet may accept other satisfactory\nfinancial assurance as adequate financial responsibility for a waste site or facility\nwhich is generated exclusively by a solid waste generator on property owned by the\nsolid waste generator for the purpose of accepting industrial solid waste exclusively\nfrom the solid waste generator.\n(2) An operator may at any time during the term of the permit apply to the cabinet for\nan amendment of the permit so as to increase or reduce the a creage affected by it.\nThe operator shall file an application and map in the same form and with the same\ncontent as required for an original application under this chapter and shall pay a\nbasic fee set by administrative regulation bearing a reasonable rela tionship to the\ncost of processing the permit application and shall file with the cabinet a\nsupplemental bond for each acre or fraction of an acre of the increase approved. If\nthe cabinet approved a reduction in the acreage covered by the original or\nsupplemental permit, it shall release the bond for each acre reduced but in no case\nshall the bond for the site be reduced below ten thousand dollars ($10,000).\n(3) When the facility has been filled, covered, graded, seeded, and revegetated\naccording to regulations promulgated by the cabinet and approved by the cabinet the\nsecretary shall release the bond or other guarantee of financial responsibility that\nhas been provided to the cabinet. However, the bond or other guarantee of financial\nresponsibility shall no t be released earlier than two (2) years from the date of the\nlast placement of waste at the facility. If such closure requirements are not\naccomplished by the operator of the facility, the cabinet shall forfeit the bond or\ndemand release of the moneys held to guarantee financial responsibility.\n(4) All funds from the forfeiture of bonds or other sureties required pursuant to this\nsection shall be placed in the State Treasury and credited to a special trust and\nagency account which shall not lapse. Such acc ount shall be known as the \"Solid\nWaste Disposal Site Restoration Fund\" and moneys placed in the fund shall be used\nfor the proper closure of solid waste disposal facilities and insofar as practicable be\nused to correct the problems at the same site for wh ich the bond or other sureties\nwere originally provided.\n(5) No operator or person shall be eligible to receive another permit to operate a solid\nwaste management facility who has forfeited any bond or other surety provided\npursuant to this section, unless  the land for which the bond or other surety was\nforfeited has been reclaimed without cost to the state, or the operator or person has\npaid such sum as the cabinet finds is adequate to reclaim such lands.\n(6) Where one (1) operator succeeds another at any solid waste disposal facility prior to\nfinal closure, either by sale, assignment, lease, or otherwise, the cabinet may release\nthe first operator from all liability under this section, provided that the successor\noperator meets the requirements of this sec tion and assumes, as part of his\nobligation under this chapter, all liability for the reclamation and final closure of the\narea of land affected by the former operation.\n(7) In the reclamation of land affected by incomplete or improper closure of a solid\nwaste disposal facility for which it has the funds available, the cabinet may avail\nitself of any services which may be provided by other state agencies or by agencies\nof the federal government, and may compensate them for such services. The cabinet\nmay cause the reclamation work to be done by its own employees, by employees of\nother governmental agencies, or through contracts with qualified persons.\n(8) The cabinet may also receive any federal funds, state funds or any other funds for\nthe closure of solid waste disposal facilities.\n(9) The cabinet, any other agency, and any person under a contract with the cabinet\npursuant to this section shall have the right of access to the land affected to carry\nout such reclamation.\n(10) No city, county, urban -county government or agency of a city, county, or urban -\ncounty government, or taxing district, or other political subdivision of the\nCommonwealth shall be required to file any surety bond with the cabinet pursuant\nto this section for the operation of a solid waste d isposal facility by such city,\ncounty, urban-county government, or agency thereof, or taxing district, or any other\npolitical subdivision of the Commonwealth.","path":[],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=10408","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:52:40Z","sha256":"81c554e82d244cb5c7e6cc7872abdfb501e135fe0c77ceede25eeb6887276ccf","source_id":"us-ky","stale":false,"prev":"us-ky/krs-224.40-605","next":"us-ky/krs-224.400"},"notice":"GroundRules: Original legal text. Not legal advice."}