In order to assist in solid waste planning and management, to further the goals of waste reduction and recycling, and to assist in identification of parties in the event of environmental problems arising from the transport or disposal of the waste, the cabinet shall adopt administrative regulations creating a manifest system which shall require that each shipment of waste received at a municipal solid waste disposal facility or transfer facility be accompanied by written documentation in a form determined by the cabinet. The manifest shall identify the geographic source or sources of the waste, by county, city, and state; contain a description of the types of waste contained in the shipment; list the names and addresses of each transporter of the waste; and list the names and addresses of each solid waste management facility which handled the waste; and each broker who arranged or contracted for the transportation or disposal of the waste. Each municipal solid waste disposal facility shall indicate on the manifest the amount of waste by weight received from each transporter, and each transfer facility shall indicate on the manifest the amount of waste by weight received from each transporter and the amount of waste shipped from the facility for handling or disposal in Kentucky. The manifest shall provide a certification by each person named in the manifest that while the waste was in his custody or control no waste regulated by the cabinet as hazardous waste or infectious waste was knowingly introduced into the waste. A copy of each manifest shall be maintained at the municipal solid waste disposal facility and any transfer facility handling the waste, and shall be open to inspection by representatives of the cabinet, shall be transmitted to the cabinet on a quarterly basis, and shall be considered nonexempt records available for public inspection. Ninety (90) days after the effective date of the initial administrative regulations adopted by the cabinet to effectuate this section, no municipal solid waste disposal facility or transfer facility shall accept waste unless it is accompanied by a manifest.
Effective: February 26, 1991

Terms Used In Kentucky Statutes 224.43-335

  • Cabinet: means the Energy and Environment Cabinet. See Kentucky Statutes 224.1-010
  • City: includes town. See Kentucky Statutes 446.010
  • 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
  • Hazardous waste: means any discarded material or material intended to be discarded or substance or combination of such substances intended to be discarded, in any form which 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. See Kentucky Statutes 224.1-010
  • Manifest: means the form used for identifying the quantity, composition, and the origin, routing, and destination of waste during its transportation from the point of generation to the point of disposal, treatment, or storage. See Kentucky Statutes 224.1-010
  • Municipal solid waste: means household solid waste and commercial solid waste. See Kentucky Statutes 224.1-010
  • Municipal solid waste disposal facility: means any type of waste site or facility where the final deposition of any amount of municipal solid waste occurs, whether or not mixed with or including other waste allowed under Subtitle D of the Federal Resource Conservation and Recovery Act of 1976, as amended, and includes but is not limited to incinerators and waste-to-energy facilities that burn municipal solid waste and contained and residential landfills, but does not include an advanced recycling facility or a waste site or facility which is operated exclusively by a solid waste generator on property owned by the solid waste generator which accepts only industrial solid waste from the solid waste generator or industrial solid waste generated at another facility owned and operated by the generator or wholly-owned subsidiary, or a medical waste incinerator which is owned, operated, and located on the property of a hospital or university which is regulated by the cabinet and used for the purpose of treatment, prior to landfill, of medical waste received from the generator exclusively or in combination with medical waste generated by professionals or facilities licensed or regulated or operated by the Commonwealth. See Kentucky Statutes 224.1-010
  • Recycling: means any process by which materials which would otherwise become solid waste are collected, separated, or processed and reused or returned to use in the form of raw materials or products, including refuse-derived fuel when processed in accordance with administrative regulations established by the cabinet, but does not include the incineration or combustion of materials for the recovery of energy. See Kentucky Statutes 224.1-010
  • Solid waste management: means the administration of solid waste activities: collection, storage, transportation, transfer, processing, treatment, and disposal, which shall be in accordance with a cabinet-approved county or multicounty solid waste management plan. See Kentucky Statutes 224.1-010
  • State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
  • Transfer facility: means any transportation related facility including loading docks, parking areas, and other similar areas where shipments of solid waste are held or transferred during the normal course of transportation. See Kentucky Statutes 224.1-010
  • Transportation: means any off-site movement of waste by any mode, and any loading, unloading, or storage incidental thereto. See Kentucky Statutes 224.1-010
  • 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. 28, effective February
26, 1991. — Created 1988 Ky. Acts ch. 44, sec. 2, effective July 15, 1988.
Formerly codified as KRS § 224.849.