Welcome to the DWM Web page on statutes. This page is designed to meet your needs in understanding Kentucky's statutes that apply to waste management. These statutes can also be read from the Legislative Research Commission home page, provided your computer is configured with a PDF viewer.

PRIMARY WASTE MANAGEMENT STATUTES

Kentucky Revised Statute (KRS) Chapter 109. Local Solid Waste Management. This chapter of the Kentucky Revised Statutes contains provisions applicable to solid waste planning and management by cities, counties and waste management districts.

KRS Chapter 224. Environmental Protection. This chapter of the Kentucky Revised Statutes contains the core set of environmental protection statutes for Kentucky. It is organized by subchapters as follows:

Subchapter 1 Generalities
Subchapter 10 Environmental and Public Protection Cabinet
Subchapter 16 State-Federal Relations
Subchapter 18 Interstate Relations
Subchapter 20 Air Quality (includes asbestos program)
Subchapter 30 Noise Control
Subchapter 40 Waste -- Generalities
Subchapter 43 Solid Waste
Subchapter 46 Hazardous Waste
Subchapter 50 Other Specific Types of Waste
Subchapter 60 Underground Storage Facilities
Subchapter 70 Water Quality
Subchapter 71 Agriculture Water Quality
Subchapter 73 Sewage Treatment
Subchapter 99 Penalties

KRS Chapter 224A. Kentucky Infrastructure Authority. This chapter of the Kentucky Revised Statutes contains provisions for providing financial assistance to governmental agencies (cities, counties, etc.) for the construction and acquisition of infrastructure projects, such as solid waste projects, dams and water resource projects. The Kentucky Infrastructure Authority is now administratively attached to GOLD, the Governor's Office for Local Development.

KRS 45A.500, et seq. Recycled Material Content Products. This is a series of statutes that mandate recycled material content in materials purchased by state agencies. These statutes are administered by the Kentucky Finance and Administration Cabinet.

KRS 45A.500 Legislative findings.
KRS 45A.505 Definitions.
KRS 45A.510 Nonrecyclable materials may be purchased, when.
KRS 45A.515 Discrimination against purchase of recycled materials prohibited.
KRS 45A.520 Requirement of purchase of materials with minimum recycled content.
KRS 45A.523 Report on procurement of products made from recovered materials.
KRS 45A.525 Recycled material content provisions to be applied to contractors with a state agency.
KRS 45A.530 Recycled material content provisions to be applied to projects financed by bonds issued by state agency.
KRS 45A.535 Vendors to be informed.
KRS 45A.540 Purchase of materials with minimum recycled material content through central stores.

KRS 56.005. Composting and Use of Composted Materials by State Agencies. This statute contains provisions to encourage composting by state agencies responsible for the maintenance of public lands.

KRS 61.097. Involvement of Local Government Officers, Employees, and their Spouses in Contracts for Solid Waste Management Facilities. This statute prohibits certain people from benefiting from, providing things of value to, or otherwise being interested in contracts for solid waste management facilities.

KRS 68.178. County License Fee for Off-Site Waste Management Facilities. This statute allows fiscal courts and urban-county councils to impose a license fee on solid waste and hazardous waste facilities located within their jurisdiction.

KRS 143.023. Limitation of Tax on Coal Severance for Coal used in Burning Solid Waste. This statute establishes a limit on the coal severance tax for coal used to burn solid waste.

KRS 143A.037. Limitation of Tax on Clay. This statute establishes a tax credit for clay that is used as a component of landfill construction.

KRS 147A.031. Procedures for Solid Waste Management Conflict Resolution. This statute requires the Kentucky Department of Local Government (now the Governor's Office of Local Development - GOLD) to develop procedures to resolve conflicts resulting from the siting and operation of municipal solid waste management facilities.

KRS 147A.140. District Preparation of Solid Waste Management Plan. This statute authorizes area development districts to prepare solid waste management plans.

KRS 174.450. License to Operate a Municipal Solid Waste Transportation Vehicle. This statute contains the application procedures, placard display requirements and registration fee requirements for persons transporting municipal solid waste. This statute is administered by the Kentucky Transportation Cabinet.

KRS 177.905, et seq. Recyclers. This is a series of statutes related to junkyards. These statutes are administered by the Kentucky Department of Highways in the Transportation Cabinet.

KRS 177.905 Definitions for KRS 177.910 to 177.950.
KRS 177.910 Unauthorized recyclers prohibited.
KRS 177.912 Recyclers complying with zoning regulations.
KRS 177.915 Permit -- Conditions -- Screening.
KRS 177.920 Permit fee -- Renewal -- Proceeds.
KRS 177.925 Operator's bond.
KRS 177.935 Powers of department.
KRS 177.940 Hearings.
KRS 177.950 Judicial review.
KRS 177.951 Kentucky auto and truck recyclers licensing advisory board -- Members -- Meetings -- Functions.

KRS 211.350, et seq. On-Site Sewage Disposal. This series of statutes establishes Kentucky’s program for regulating on-site sewage disposal systems. These statutes are administered by the Cabinet for Health and Family Services.

KRS 211.350 On-site sewage disposal systems -- Regulations -- Issuance of permits -- Fees -- Farmstead sewage disposal systems.
KRS 211.355 Fees set by local board of health -- Inspections to be made only on systems constructed after July 15, 1986 --Exception.
KRS 211.357 Certification of installers of on-site sewage disposal systems.
KRS 211.360 Certification of inspectors.
KRS 211.365 Office space.
KRS 211.370 Issuance of plumbing installation permits for on-site sewage disposal systems -- Local board of health as agent for cabinet -- Regulations.
KRS 211.375 On-site sewage disposal manuals -- Fees -- Training of personnel.
KRS 211.380 Permit for approved on-site sewage disposal system other than a septic tank.
KRS 211.390 Definitions for KRS 211.392.
KRS 211.392 Fluidized bed combustion technology tax exemption certificate.

KRS 211.840, et seq. Radiation Control. This series of statutes establishes Kentucky’s radiation control program. These statutes include KRS 211.844, which obligates the Cabinet for Health and Family Services to promulgate regulations on the handling and disposal of radioactive waste.

KRS 211.840 Short title.
KRS 211.842 Duties of Cabinet for Health and Family Services -- Right of entry upon property.
KRS 211.843 Licensees of radioactive materials to provide sureties -- Revocation of license.
KRS 211.844 Regulatory authority of cabinet.
KRS 211.846 Monitoring radioactive waste material sites.
KRS 211.848 Fees and charges for registration and licensing -- Disposition.
KRS 211.850 Injunction against violations.
KRS 211.852 Prerequisites to approval of nuclear waste disposal facility -- Procedure -- Exception.
KRS 211.854 Monitoring radiation in discharges into rivers -- Report of violations to United States attorney.
KRS 211.855 Cabinet's role as radon control agency for commonwealth.
KRS 211.856 Certification of persons engaged in radon analysis, mitigation, or testing -- Fees.
KRS 211.857 Injunctive relief against violators.
KRS 211.858 Penalty for violations of KRS 211.855 to 211.858.

KRS 211.970, et seq. Septic Tank Servicing. This series of statutes sets forth requirements for persons servicing or maintaining sewage pretreatment units, grease traps or holding tanks or transporting sewage sludge from those facilities. This program is administered by the Cabinet for Health and Family Services.

KRS 211.970 Definitions for KRS 211.972 to 211.982.
KRS 211.972 License and bonding required.
KRS 211.974 Exceptions to licensing requirements.
KRS 211.976 Application, filing and contents -- Conditions of bond.
KRS 211.978 Transporting vehicle to carry license -- Application -- Issuance.
KRS 211.979 Restrictions of use on vehicles licensed to haul sewage, sewage sludge or grease.
KRS 211.980 Authorization to issue administrative regulations -- Hearings.
KRS 211.981 Disposal of sewage and sewage sludge.
KRS 211.982 Use of fees.
KRS 211.984 Definition.
KRS 211.985 Presetting of hot water heater thermostat by manufacturer.

KRS 211.9061, et seq. Lead-Hazard Detection and Abatement. This series of statute establishes Kentucky’s certification program for persons performing lead hazard detection and abatement services. The statutes also allow for a public-awareness program on the nature and consequences of lead hazards. These programs are administered by the Cabinet for Health and Family Services.

KRS 211.9061 Definitions for KRS 211.9061 to 211.9079 and KRS 211.990.
KRS 211.9063 Certification of those performing lead-hazard detection or abatement services -- Administrative regulations -- Decision on application -- Quality assurance inspector.
KRS 211.9065 Accreditation for training programs providing education for certification in lead-hazard detection or abatement services -- Administrative regulations.
KRS 211.9067 Schedule of fees.
KRS 211.9069 Equivalent certificate and equivalent accreditation -- Conditions of issuance.
KRS 211.9071 Compliance with federal rules and regulations.
KRS 211.9075 Standards for performing lead-hazard detection or abatement procedures -- Compliance with administrative regulations.
KRS 211.9079 Public education and awareness campaign.

KRS 216B.042. Licenses. This statute obligates the Kentucky Cabinet for Health and Family Services to promulgate regulations on the licensing of health facilities and services, which has been interpreted to include regulations on the handling of medical waste at such facilities.

KRS 257.160. Disposal of Carcasses. This statute contains requirements for the disposal of animal carcasses and authorizes the Kentucky Board of Agriculture to promulgate regulations on this topic.

KRS Chapter 263. Disposal of Dead Animals. This chapter contains licensing requirements and operational standards for persons who collect, transport, or dispose of dead animals. The statute includes requirements for processing and rendering plants. These statutes are administered by the Kentucky Department of Agriculture.

KRS 350.270. Disposal of coal combustion by-products at surface coal mining operations -- Permitting process -- Requirements for disposal -- Authority for administrative regulations. This statute discusses coal mining disposal of fly ash and other by-products from burning clean oil or gas with coal. This statute is administered by the Division of Mine Permits in the Department for Natural Resources.

KRS 350.275. Legislative Findings and Declaration on Backstowing and Reinjection of Coal Processing and Coal Underground Development Waste. This statute requires the Environmental and Public Protection Cabinet to negotiate improved coordination among state and federal agencies in the review of proposals for backstowing or reinjecting coal processing and underground development wastes. This statute is administered by the Division of Mine Permits in the Department for Natural Resources.KRS 365.250.

Register containing name of person from whom copper wire or cable is purchased, required of dealers in junk or metals, vendors and collectors of used articles -- Data register to contain -- Inspection of register -- Reports to sheriff or police department. This statute contains provisions applicable to certain junk dealers.

KRS 433.753. Criminal Littering on Public Highway. This section of the statutes contains provisions related to the prohibition against littering from a motor vehicle.

KRS 433.757. Littering Public Waters. This statute contains provisions related to the prohibitions against littering from a motorboat or vessel.

KRS 433.875. Unlawful Dumping, Disposal or Burning within Cave. This section of the Kentucky Revised Statutes prohibits litter, garbage, and other waste from being placed in a cave.

KRS 512.070. Criminal Littering. This statute defines criminal littering and establishes the penalty classification for this violation.