Kentucky Statutes 143A.037 – Limitation of tax on clay — Credit for clay used in landfills
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(1) Notwithstanding any statutory provisions to the contrary, the tax imposed in KRS
143A.020 and applicable to clay, in any form, shall be limited to twelve cents
($0.12) per ton.
(2) The General Assembly of the Commonwealth of Kentucky finds that the accumulative costs of the environmentally responsible landfill disposal of solid waste affects the development of new landfill capacity. Therefore, it being the intent of the General Assembly to help control those costs, a credit is hereby allowed against the tax on clay, imposed by subsection (1) of this section, which is severed or processed within this state and sold to and used as a component of landfill construction by an approved waste management or waste disposal facility within this state.
(3) The credit allowed in subsection (2) of this section shall be equal to the tax imposed by subsection (1) of this section.
(4) The credit allowed in this section shall extend only to a taxpayer who severs or processes the natural resource subject to the tax.
Effective: February 26, 1991
History: Renumbered from KRS § 224.8907, effective July 10, 1991. — Created 1991 (1st Extra. Sess.) Ky. Acts ch. 12, sec. 49, effective February 26, 1991 and compiled as part of KRS § 224.8907.
Formerly codified as part of KRS § 224.8907
143A.020 and applicable to clay, in any form, shall be limited to twelve cents
Terms Used In Kentucky Statutes 143A.037
- Natural resource: means all forms of minerals including but not limited to rock, stone, limestone, shale, gravel, sand, clay, natural gas, and natural gas liquids which are contained in or on the soils or waters of this state. See Kentucky Statutes 143A.010
- severed: means the physical removal of the natural resource from the earth or waters of this state by any means. See Kentucky Statutes 143A.010
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
($0.12) per ton.
(2) The General Assembly of the Commonwealth of Kentucky finds that the accumulative costs of the environmentally responsible landfill disposal of solid waste affects the development of new landfill capacity. Therefore, it being the intent of the General Assembly to help control those costs, a credit is hereby allowed against the tax on clay, imposed by subsection (1) of this section, which is severed or processed within this state and sold to and used as a component of landfill construction by an approved waste management or waste disposal facility within this state.
(3) The credit allowed in subsection (2) of this section shall be equal to the tax imposed by subsection (1) of this section.
(4) The credit allowed in this section shall extend only to a taxpayer who severs or processes the natural resource subject to the tax.
Effective: February 26, 1991
History: Renumbered from KRS § 224.8907, effective July 10, 1991. — Created 1991 (1st Extra. Sess.) Ky. Acts ch. 12, sec. 49, effective February 26, 1991 and compiled as part of KRS § 224.8907.
Formerly codified as part of KRS § 224.8907