For the purpose of this Part 2, the following definitions shall
apply unless the context clearly indicates or requires a different
meaning:
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.
Any nonhazardous waste resulting from the production and
processing of on-the-farm agricultural products, including manures,
prunings, and crop residues.
An incinerator which complies with all current regulations
of the responsible local, state, and federal air pollution control
agencies.
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.
The Natural Resources and Environmental Protection Cabinet.
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.
Solid waste resulting from the operation of any commercial,
industrial, institutional, or agricultural establishment.
A self-contained facility that is staffed during operation
hours for the collection and subsequent transportation of municipal
solid wastes.
The County of Henderson, Kentucky.
Materials resulting from the construction or destruction
of residential, industrial, or commercial structures.
The director of the solid waste management program of the
County shall be the Henderson County Fiscal Court or its designee.
Disposable plastic or paper sacks with a capacity of 10 gallons
to 35 gallons specifically designed for storage of solid waste.
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.
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.
Putrescible animal and vegetable matter accumulated by a
family in a residence in the course of ordinary day-to-day living.[1]
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.
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.
A housing facility containing more than one dwelling unit
under one roof.
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.
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.
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.
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.
Incinerating, composting, baling, shredding, salvaging, compacting
and other processes whereby solid waste containers are modified or
solid waste quantity is reduced.
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.
A building or portion thereof providing complete housekeeping
facilities for one person or one family.
Solid waste resulting from the maintenance of dwelling units.
A permitted facility for the disposal of solid waste which
complies with the environmental performance standards specified in
401 KAR 47:030.
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.
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.
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.
Any county or group of counties so designated by the Cabinet
upon approval of the local 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.
Any place at which solid waste is managed, stored, treated,
processed or disposed.
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.
Keeping, maintaining or storing waste from the time of its
production until the time of its collection.
The placement of solid waste from smaller collection vehicles
into larger vehicles for transportation to intermediate or final disposal
facilities.
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.
The transporting of solid waste from the place of collection
or processing to a solid waste processing facility or permitted solid
waste disposal site.
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.
Grass clippings, leaves, tree trimmings.
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.
[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;
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
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.
