{"data":{"id":"us-ky/krs-224.43-345","jurisdiction":"us-ky","citation":"KRS 224.43-345","heading":"Contents of area solid waste management  plan -- Approval by","body":"cabinet.\n(1) Each area solid waste management  plan shall be prepared in accordance with\nany administrative regulations of the cabinet and shall be required to include\nthe following:\n(a) Identification of the area that will be included in the plan;\n(b) A  demographic study of the planning area of current and projected\npopulations five (5), ten (10) and twenty (20) years in the future. A\nprojection of the amount and source of solid waste generated, collected,\nand requiring disposal at municipal solid waste disposal facilities for each\nof these time periods shall be provided;\n(c) An  inventory and description of all existing solid waste management\nfacilities and activities. The description shall include their identity, location,\nlife expectancies, ownership, cost to the users, and level of compliance\nwith state and federal laws. The description is not required to include any\nsolid waste management  facility which is operated exclusively by a solid\nwaste generator on property owned by the solid waste generator for the\npurpose of accepting solid waste from the solid waste generator or waste\ngenerated at another facility owned  and operated by the generator or\nwholly owned  subsidiary. After commencement  of operation by a solid\nwaste generator of a solid waste disposal facility which is permitted but\nnot included in a solid waste management  plan, an amendment  to a solid\nwaste management  plan shall be required for any solid waste which is to\nbe no longer disposed by the solid waste generator in its own solid waste\ndisposal facility;\n(d) An  estimate of the area's long-range needs for solid waste management\nand facilities for five (5), ten (10), and twenty (20) years into the future;\n(e) Identification and  assessment  of current and  future solid waste\nmanagement  problems faced by the area. List any deficiencies with\nexisting solid waste management  facilities in meeting current and future\narea needs, and identify opportunities for improvement;\n(f) Outline short-term, mid-term, and long-term goals and objectives of the\nsolid waste management  area. The  goals and  objectives shall be\nconsistent with the policies and goals set out in KRS 224.43-010;\n(g) Based  on  the problems, needs, goals, and  objectives previously\nidentified, identify alternative approaches to solid waste management  and\nselect the optimal alternatives. Solid waste management  activities and\nfacilities to be addressed include:\n1. Identification of those regulations and ordinances which provide for\nproper, safe, and sanitary management  of solid waste;\n2. A  description of proposed improvements to existing solid waste\ncollection and  transportation systems  necessary  to achieve\nuniversal collection;\n3. Establishment of a siting procedure and development program to\nassure the orderly location, development, and financing of new or\nexpanded  municipal solid waste management  facilities. The plan\nshall demonstrate how all persons in the planning area will within the\nnear future have reasonable opportunity to dispose of their waste in\na manner that complies with state and federal laws;\n4. Identification of planned programs for the control and cleanup of\nlitter and open dumps. The programs shall include: identification of\nan approved schedule for the cleanup of open dumps  in existence\nas of October 1, 2002; an annual survey of the planning area to\ndiscover new  open  dumps  which shall then be scheduled for\ncleanup within one (1) year unless the cabinet approves a longer\nschedule; measures to prevent the recurrence of dumping at sites\nwhich are cleaned up; cleanup of litter along public roads three (3)\ntimes per year; and cleanup of litter along city streets two (2) times\nper  year. In these public road cleanups and also open  dump\ncleanups, nonviolent misdemeanant  and  Class D  felon inmate\nlaborers may be used. A county that does not receive in any year an\nallocation from the Kentucky pride fund sufficient to complete the\nnumber  of road cleanups provided for in this section shall not be\ndeemed  out of compliance;\n5. An assessment of opportunities to reduce the need for land disposal\nby  banning grass clippings, leaves, and other yard wastes from\nmunicipal solid waste disposal facilities and  the institution of\ncomposting operations for grass clippings, leaves, and other yard\nwastes;\n6. Establishment of a plan to reduce the need for land disposal through\nwaste  reduction and  recycling, materials recovery, and  energy\nrecovery and the provision of opportunities for recycling that may\ninclude, but are not limited to, drop-off centers or door-to-door\ncollection. Where  recycling or material recovery is not deemed\nfeasible, specific factual analysis shall be provided to support the\nconclusion; and\n7. A  description of any proposed recycling, materials recovery, or\nenergy recovery plan or facility;\n(h) A five (5) year schedule and description of activities to be undertaken to\nimplement the proposed plan;\n(i) A  description of short-term costs of the plan including capital and\noperational costs for each element of the plan, and the identification of the\nmeans  of financing plan implementation;\n(j) Designation of the governing body for implementation of the solid waste\nmanagement  plan or components  of the plan. A  description of its\nresponsibilities and authority shall be provided;\n(k) A  description of proposed surveillance and enforcement procedures to\nassure  that solid waste in the planning area is properly managed.\nIdentification of modifications to local laws and regulations necessary to\nimplement the area plan;\n(l) Specific provisions to assure that adequate capacity for a ten (10) year\nperiod shall be available for municipal solid waste generated in the solid\nwaste  management  area, and identification of any additional capacity\nauthorized for disposal of out-of-area municipal solid waste;\n(m) Contractual agreements for use of waste disposal capacity at any\nmunicipal solid waste disposal facility inside or outside the waste\nmanagement  area identified and relied upon in the plan;\n(n) Provisions to assure achievement of the policies and goals of KRS\n224.43-010;\n(o) Establishment of a public information and participation process including\nthe following components:\n1. Formation of an advisory committee composed  of local residents;\nbusiness  and  industry representatives; and, with respect to\ncollection of solid waste, representatives of any city that is located\nwithin the solid waste management  area, is not a designated city as\ndefined in KRS  224.43-315(9), and is not located within a county\ncontaining a consolidated local government;\n2. Preparation of a draft plan for public notice and comment;\n3. Convening of a public hearing upon request; and\n4. Publication of a response to public comments.\n(2) A solid waste management  plan complying with subsection (1) of this section\nshall be submitted to the cabinet by October 1, 2002, and updated every five\n(5) years thereafter. The cabinet shall make  its determination approving or\ndisapproving a plan within one hundred twenty (120) days of receipt. A plan on\nwhich the cabinet has not yet made a determination shall remain in effect until\nthe determination is made.","path":[],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=45876","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:52:40Z","sha256":"80095906ad7f068b67de1b416ba61f5d7a5f809900e674a69c8e2988ed51bb8e","source_id":"us-ky","stale":false,"prev":"us-ky/krs-224.43-340","next":"us-ky/krs-224.43-350"},"notice":"GroundRules: Original legal text. Not legal advice."}