For the purpose of this Part 2, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
AGRICULTURAL USE
Operations for the production of agricultural or horticultural crops, including but not limited to livestock products, poultry, poultry products, grain, hay, pastures, soybeans, tobacco, timber, orchard fruits, vegetables, flowers, or ornamental plants, including provision for dwellings for persons and their families who are engaged in the above agricultural use on their tract.
AGRICULTURAL WASTE
Any nonhazardous waste resulting from the production and processing of on-the-farm agricultural products, including manures, prunings, and crop residues.
APPROVED INCINERATOR
An incinerator which complies with all current regulations of the responsible local, state, and federal air pollution control agencies.
BULKY WASTE
Nonputrescible solid wastes consisting of combustible and/or noncombustible waste materials from dwelling units, commercial, industrial, institutional, or agricultural establishments which are either too large or too heavy to be safely and conveniently loaded into solid waste transportation vehicles.
CABINET
The Natural Resources and Environmental Protection Cabinet.
COLLECTION
Removal of solid waste from the designated pick-up location to the transfer vehicle. Acceptable collection practices shall consist of the following: door-to-door household collection; direct access to a staffed convenience center or transfer facility; collection boxes.
COMMERCIAL SOLID WASTE
Solid waste resulting from the operation of any commercial, industrial, institutional, or agricultural establishment.
CONVENIENCE CENTER
A self-contained facility that is staffed during operation hours for the collection and subsequent transportation of municipal solid wastes.
COUNTY
The County of Henderson, Kentucky.
DEMOLITION AND CONSTRUCTION WASTE
Materials resulting from the construction or destruction of residential, industrial, or commercial structures.
DIRECTOR
The director of the solid waste management program of the County shall be the Henderson County Fiscal Court or its designee.
DISPOSABLE SOLID WASTE CONTAINER
Disposable plastic or paper sacks with a capacity of 10 gallons to 35 gallons specifically designed for storage of solid waste.
DISPOSAL
The discharge, deposit, injection, dumping, spilling, leaking, or placing of any solid waste or hazardous waste into or on any land or water so that such solid waste or hazardous waste or any constituent thereof may enter the environment, be emitted into the air, or be discharged into any water, including groundwaters.
DWELLING UNIT
Any room or group of rooms located within a structure and forming a single habitable unit with facilities which are used or are intended to be used for living, sleeping, cooking and eating.
GARBAGE
Putrescible animal and vegetable matter accumulated by a family in a residence in the course of ordinary day-to-day living.[1]
HAZARDOUS WASTE
Any waste or combination of wastes which, as determined by the Cabinet because of its quantity, concentration or physical, chemical or infectious characteristics, may cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness, or pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported or disposed of, or otherwise managed.
HOUSEHOLD RUBBISH
Waste material and trash, not to include garbage, normally accumulated by a family in a residence in the course of ordinary day-to-day living.
MULTIFAMILY RESIDENTIAL UNIT
A housing facility containing more than one dwelling unit under one roof.
OCCUPANT
Any person who, alone or jointly or severally with others, shall be in actual possession of any dwelling unit or any other improved real property, either as an owner or as a tenant.
OPEN BURNING
Burning of any matter in such manner that the combustion resulting from burning is emitted directly into the outdoor atmosphere without passing through a stack or chimney.
OPEN DUMP
Any facility or site for the disposal of solid waste which does not have a valid permit issued by the Cabinet and/or Director does not meet the environmental performance standards for a sanitary landfill under regulations promulgated by the Cabinet.
PERSON
An individual, trust, firm, joint stock company, corporation (including a government corporation), partnership, association, federal agency, state agency, city (other than the City of Henderson) commission, political subdivision of the state or any interstate body.
PROCESSING
Incinerating, composting, baling, shredding, salvaging, compacting and other processes whereby solid waste containers are modified or solid waste quantity is reduced.
PUBLIC NUISANCE
Illegal waste disposal practices that include but are not limited to open burning, open dumps, or littering which are deemed to be a nuisance under applicable law.
RESIDENTIAL DWELLING UNIT
A building or portion thereof providing complete housekeeping facilities for one person or one family.
RESIDENTIAL SOLID WASTE
Solid waste resulting from the maintenance of dwelling units.
SANITARY LANDFILL
A permitted facility for the disposal of solid waste which complies with the environmental performance standards specified in 401 KAR 47:030.
SLUDGE
Any solid, semi-solid or liquid waste generated from a municipal, commercial, or industrial wastewater treatment plant, water supply treatment plant, or air pollution control facility, exclusive of the treated effluent from a wastewater treatment plant or any other such waste having similar characteristics and effects.
SOLID WASTE
Any garbage, litter, refuse, sludge and other discarded material, including solid, liquid, semi-solid or contained gaseous material resulting from industrial, commercial, mining (excluding coal mining wastes, coal mining by-products, refuse and overburden) and agricultural operations and from community activities, but does not include solid or dissolved material in irrigation return flows or industrial discharges.
SOLID WASTE MANAGEMENT
The administration of solid waste activities: source reduction, collection, source separation, storage, transportation, transfer, processing, treatment and disposal, which shall be in accordance with a County or multi-county area solid waste management plan approved by the Cabinet.
SOLID WASTE MANAGEMENT AREA or AREA
Any county or group of counties so designated by the Cabinet upon approval of the local solid waste management plan.
SOLID WASTE MANAGEMENT PLAN
The document submitted by a County or multi-county district as required under KRS 224.43-340 and approved by the Cabinet.
SOLID WASTE SITE OR FACILITY
Any place at which solid waste is managed, stored, treated, processed or disposed.
SOLID WASTE STORAGE/CONTAINER
A receptacle used by any person to store solid waste during the interval between solid waste generation and collection. A solid waste container is made out of plastic, vinyl or metal, ranging in size from about 10 gallons to 42 cubic yards in size.
STORAGE
Keeping, maintaining or storing waste from the time of its production until the time of its collection.
TRANSFER
The placement of solid waste from smaller collection vehicles into larger vehicles for transportation to intermediate or final disposal facilities.
TRANSFER FACILITY
Any transportation-related facility, including loading docks, compaction equipment parking areas, and other similar facilities, where shipments of solid waste are held or transferred during the normal course of transportation.
TRANSPORTATION
The transporting of solid waste from the place of collection or processing to a solid waste processing facility or permitted solid waste disposal site.
UNIVERSAL COLLECTION
A municipal solid waste collection system which is established by ordinance and approved by the Cabinet and requires access for each household or solid waste generator in a County.
YARD WASTE
Grass clippings, leaves, tree trimmings.
[1]
Editor's Note: The former definition of "green box," which immediately followed this section, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
This Part 2 shall not apply to:
(1) 
Incorporated limits of any city having an existing solid waste management program on the effective date of this Part 2 unless said city and the Fiscal Court agree otherwise.
(2) 
Special wastes as defined in KRS 224.50-760.
(3) 
Solid waste from agricultural or mining operations.
[Amended 3-9-2004]
(4) 
Federal, state or County agencies that collect, store, transport or dispose of wastes; provided, however, that this exemption shall only apply insofar as allowing said agency to collect solid wastes at any disposal site operated or regulated by this Fiscal Court or its designated agency under this Part 2.
B. 
In addition, a commercial or industrial entity which transports or contracts for the transport of the municipal solid waste it generates or which operates an industrial solid waste management facility for its exclusive use may be excluded from participation in the universal collection program.
C. 
Entities identified in Subsection A(1) shall not be exempt from reporting quantities of wastes produced and delivered for disposal as may be required by regulations adopted under authority of this Part 2.
[Amended 3-9-2004]
It shall be unlawful for any person to:
A. 
Dispose of commercial solid waste, bulky waste, hazardous waste, sludge, solid waste, yard waste, garbage and household rubbish by dumping same on any premises in the County with or without the consent of the owner of the premises;
B. 
Permit the dumping of commercial solid waste, bulky waste, hazardous waste, sludge, solid waste, yard waste, garbage and household rubbish on any property within the County;
C. 
Deposit solid waste in any solid waste container other than his own, without the written consent of the owner of such container or with the intent of avoiding payment of a service charge;
D. 
Fail to have solid waste collected or disposed of as provided for in this Part 2;
E. 
Interfere in any manner with solid waste collection and transportation equipment or with solid waste collectors in the lawful performance of their duties as such, whether such equipment or collectors shall be those of the County or those of a solid waste collection agency operating under a franchise or permit issued by the County;
F. 
Burn solid waste unless an approved incinerator is provided or unless an exception is provided in 401 KAR 63:005, Sec. 3, or KRS 224.10-100;
G. 
Dispose of dead animals, hazardous waste, bulky waste, major appliances and furniture, liquid waste, tires, construction and demolition waste, or batteries in any solid waste containers;[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
H. 
Own or operate an open dump;
I. 
Dispose of solid waste at any facility or location which is not permitted by the Kentucky Department of Environmental Protection;
J. 
Engage in any activity for which a franchise or permit from the County is required by this Part 2 or any amendment thereto without a valid franchise or permit therefor; and
K. 
Violate any section of this Part 2 or any rule or regulation adopted under the authority of this Part 2.
The Department of Solid Waste Management may require, upon its own initiative or upon the written request of any person, a designated agent to make an investigation to determine whether a violation of § 208-8 has occurred. The results of the investigation shall be disclosed forthwith to the County Judge/Executive and the County Attorney. If, based on the investigation, there is reasonable cause to believe a violation exists, abatement may be accomplished as follows:
A. 
Notice to abate. It shall be the duty of the Solid Waste Coordinator to serve or cause to be served notice upon the alleged violator, which notice shall describe the violation so maintained and shall demand abatement thereof within 14 days of the date of the notice, unless the violation constitutes an immediate danger to the health and well-being of the community, in which case the notice shall demand abatement within 24 hours. The notice shall also include the following:
(1) 
A statement that if the violation is not remedied within the prescribed time, the County government may proceed to abate the violation.
(2) 
A brief description of the procedures required, and an estimate as to the value of labor and materials and the costs necessary to remedy the violation.
(3) 
A statement that the value of the labor and materials used and the costs incurred in abatement, including an administrative charge and interest at the legal judgment rate from the date of completion of the abatement, shall be a personal liability of the alleged violator.
(4) 
A statement that the alleged violator shall be afforded a hearing before the Henderson County Fiscal Court if requested in writing within the prescribed time period, and a statement that the alleged violator shall have the right to appeal any adverse determination by the Fiscal Court.
B. 
Service of notice. Notice shall be served by personal service upon the alleged violator.
C. 
Abatement by County government. If the alleged violator so served does not abate the violation or request a hearing within the prescribed time period, the County government may proceed to abate the violation, keeping an account of the value of the labor and materials used and the costs incurred in the abatement; and such account, including an administrative charge and interest at the legal judgment rate from the date of completion of the abatement, shall be charged to and paid by the alleged violator. In addition to any remedy authorized by law, the County may bring civil action against the alleged violator and shall have the same remedies as provided for the recovery of a debt owed.
D. 
Hearing. The alleged violator shall be entitled to a hearing before the Fiscal Court if requested in writing during the time periods prescribed above. Such hearing, if requested, shall be scheduled within 10 days of the request and notice of the date, time, and place of the hearing shall be given to the person requesting the hearing by regular mail, mailed at least three days prior to the date of the hearing. The hearing may be conducted in an informal manner, but the alleged violator shall have the right to cross-examine any witnesses or evidence presented against him and to present witnesses or evidence in his behalf. The alleged violator may appeal an adverse decision of the Fiscal Court by bringing an action in the Circuit Court within 30 days after entry of the Fiscal Court's order. Such appeal shall be heard and decided by the Circuit Court without intervention of a jury. Any parties so appealing shall execute and file a bond for costs at the time the appeal is taken.