The cabinet shall not enforce any provision of this chapter relating to improper disposal of solid waste against an owner, occupant, or person having control or management of any land if the owner, occupant, or person is not the generator of the solid waste or is not disposing or knowingly allowing the disposal of solid waste and has made reasonable efforts to prevent the disposal of solid waste by other persons onto the property.
Effective: February 26, 1991

Terms Used In Kentucky Statutes 224.43-020

  • Cabinet: means the Energy and Environment Cabinet. See Kentucky Statutes 224.1-010
  • Disposal: means the discharge, deposit, injection, dumping, spilling, leaking, or placing of any waste into or on any land or water so that such waste or any constituent thereof may enter the environment or be emitted into the air or discharged into any waters, including ground waters. See Kentucky Statutes 224.1-010
  • Generator: means any person, by site, whose act or process produces waste. See Kentucky Statutes 224.1-010
  • Owner: when applied to any animal, means any person having a property interest in such animal. See Kentucky Statutes 446.010
  • Waste: means :
    (a) "Solid waste" means any garbage, 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), agricultural operations, and from community activities, but does not include those materials including, but not limited to, sand, soil, rock, gravel, or bridge debris extracted as part of a public road construction project funded wholly or in part with state funds, recovered material, post-use polymers or recovered feedstocks, tire-derived fuel, special wastes as designated by KRS §. See Kentucky Statutes 224.1-010

History: Amended 1991 (1st Extra. Sess.) Ky. Acts ch. 12, sec. 38, effective February
26, 1991. — Created 1982 Ky. Acts ch. 145, sec. 4, effective July 15, 1982.
Formerly codified as KRS § 224.857.