{"data":{"id":"us-ky/krs-224.43-340","jurisdiction":"us-ky","citation":"KRS 224.43-340","heading":"Regulations -- Solid waste management  plan -- Designation of","body":"solid waste management  areas -- Enforcement representatives.\n(1) The  cabinet shall promulgate administrative regulations pursuant to KRS\nChapter 224 for the reduction and management  of solid waste, consistent with\nthe  statewide solid waste  reduction and  management  plan, the goals\nestablished by KRS 224.43-010, and the provisions of KRS Chapter 109.\n(2) Waste management  districts, counties, or any combination thereof, shall confer\nand  determine which shall submit to the cabinet a solid waste management\nplan. The plan shall address municipal solid waste management  needs for the\narea. Each county shall be responsible for implementing the plan, except that\nany city that develops the portion of the area plan applicable to its jurisdiction\nunder KRS  224.43-315 shall be responsible for implementing the portion of the\nplan prepared by the city. However, if a county participates in a regional solid\nwaste  management  area, then the governing body  of the solid waste\nmanagement  area shall be responsible for implementing those components of\nthe plan it is assuming on behalf of the county. In counties containing a\nconsolidated local government, all municipalities therein shall be deemed  to be\nparticipating in the solid waste management  plan adopted by the waste\nmanagement  district unless a municipality shall, by ordinance, specifically opt\nout  of the plan, in which event the municipality shall comply  with all\nrequirements of KRS  Chapter 224 and administrative regulations promulgated\npursuant thereto. However, the cabinet shall not disapprove a solid waste\nmanagement  plan for a single county or municipality within a consolidated local\ngovernment if the plan complies with the requirements of KRS  Chapter 224\nand administrative regulations adopted by the cabinet. Plans shall be updated\nonce every five (5) years. Plans may be amended  and such amendments  shall\nbe submitted to the cabinet for review and approval. The review and approval\nof the cabinet shall be limited to a determination of whether the proposed\namendments  are in conformity with KRS  224.43-345 and the statewide solid\nwaste  reduction and  management  plan and  KRS  Chapter  224  and\nadministrative regulations adopted by the cabinet.\n(3) A county may delegate responsibility for preparing all or portions of the plan to\none (1) or more cities within the county. Such delegation of responsibility shall\nbe made only with the mutual agreement of the city and county. Each city and\ncounty shall be included in a solid waste management  plan.\n(4) Cities authorized under KRS  224.43-315 shall have the sole responsibility for\ndeveloping and preparing the portion of the solid waste management  plan\napplicable to the jurisdiction of the city, unless the city elects to have the county\nprepare the plan. If the city prepares the solid waste management  plan for its\njurisdiction, the city plan shall be incorporated within the area plan prior to its\nsubmission to the cabinet. The plan developed by the city, to the extent\npracticable, shall be reasonably consistent with the plan developed by the\ncounty. The  cabinet, as a part of the area plan approval process, shall\ndetermine whether the city portion of the area plan is reasonably consistent\nwith the overall area plan so as to effectuate the purposes of this chapter.\n(5) Cities, other than those authorized under KRS  224.43-315, operating solid\nwaste management  facilities or services, or who contracted with a person to\nprovide such services on or before July 13, 1984, and pay a pro rata share of\nthe cost of plan development may assume joint responsibility with a county for\nplan development. Where joint responsibility for plan development is assumed,\nboth the county fiscal court and city legislative body must adopt the plan before\nit is submitted to the cabinet for approval.\n(6) Counties, waste management  districts, or any combination thereof preparing\nthe solid waste management  plan shall apply for and be designated as a solid\nwaste management  area. The application shall be submitted by June 1, 1991.\nThe application shall include but not be limited to:\n(a) A brief description of existing disposal capacity and of the capability of the\nproposed area to effectively manage solid waste;\n(b) Resolution of the fiscal courts of all counties in the proposed area\napproving the application for designation;\n(c) Resolution of those city legislative bodies in the proposed area that are\ncurrently operating solid waste management  facilities or services and will\nparticipate in and provide financial assistance in plan development;\n(d) Any agreement or contract necessary to establish the proposed area; and\n(e) Resolution of the boards of any existing waste management  districts\nlocated  within the  proposed  area  approving the  application for\ndesignation.\n(7) The  jurisdiction of the solid waste management  area shall be limited to the\ngeographical area established or designated by the cabinet in accordance with\nthe provisions of this chapter unless the preparer submits justification for any\ndeviation therefrom acceptable to the cabinet.\n(8) Upon  receipt of such application, the cabinet shall, within thirty (30) days either\napprove the creation of a proposed solid waste management  area or shall\ndisapprove such application, and in the event of disapproval shall state in\nwriting the reasons for such disapproval. Any changes in the application\ncontents shall be submitted to the cabinet.\n(9) Solid waste management  areas shall be designated for five (5) year periods. At\nthe end of five (5) years, the plan shall be updated and reapproved by the\ncabinet.\n(10) If the cabinet does  not receive on  behalf of a county a solid waste\nmanagement  plan and the application for a solid waste management  area in\nwhich the county will participate required by this section and KRS  224.43-345,\nthe cabinet may  develop a solid waste management  plan for that county or\nmay  place that county in a designated solid waste management  area.\n(11) If the solid waste management  plan for a county is not implemented, the\nCommonwealth  shall not endorse projects that generate solid waste under the\nKentucky intergovernmental review process for that county.\n(12) The  governing body of a solid waste management  area may  employ an\nenforcement representative to ensure compliance with applicable regulations of\nthe cabinet relating to construction and operation of municipal solid waste\nmanagement  facilities. The enforcement representative shall possess at least\nminimum  qualifications required of representatives of the cabinet performing\nsimilar functions.","path":[],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=45584","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:52:40Z","sha256":"9bf5be948d22beb9abed366ea473135717159157e00f54a4143541c4432c0521","source_id":"us-ky","stale":false,"prev":"us-ky/krs-224.43-335","next":"us-ky/krs-224.43-345"},"notice":"GroundRules: Original legal text. Not legal advice."}