02RS HB28


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HB 28/FN/LM (BR 164) - L. Clark

     AN ACT relating to environmental protection.
     Amend KRS 224.01-010 to create definitions for "curbside collection service" and "open dump" and amend definition of "universal collection system"; amend KRS 224.43-315 to require that each county or waste management district (WMD) implement a universal collection system by January 2, 2004 and that solid waste management plans be amended and submitted to the cabinet by June 30, 2003, documenting plans to implement the universal collection system; provide that the cabinet shall have 90 days from submission to approve or disapprove plans and that the county or WMD shall have 30 days to correct disapproved plans; provide that curbside collection be at least weekly and provide for collection of large appliances and similar items; provide that personal household subscriptions may comprise a portion of the curbside collection service; provide for identification of households and businesses for which collection may be a hardship due to inaccessibility, and provide method of collection for these entities; prohibit hardship designation from applying to subdivisions of 8 or more homes; provide for exemption from curbside collection if county or waste management district agrees to clean up all open dumps, not to include open dumps in cities that have universal collection; provide, as condition of exemption, that county or WMD notify cabinet by July 1 of each year that there will be no open dumps in county or waste management district by January 1 of the succeeding year; provide that cabinet notify county or WMD by October 1, annually, of any open dumps existing in the county or WMD; provide that cabinet may permit up to 12 months additional time to complete cleanup program; provide that counties and WMDs with exemption have alternative to curbside collection providing services to all citizens in county or WMD; provide that county or WMD submit information in annual report regarding how collection system is achieving participation by all citizens; provide that the Commonwealth shall not endorse projects in counties and WMDs not making progress toward compliance and that cabinet may also require Transportation Cabinet to withhold 10% of a noncompliant county's KRS 177.360 funds and transfer them to cabinet for programs to abate roadside open dumps in the noncompliant county; provide that industrial solid waste generated by commercial or industrial entities not be subject to universal collection; provide that determinations of the cabinet are final and subject to appeal pursuant to KRS 224.10-420(2); amend KRS 224.43-345 to provide that solid waste management plans include information regarding enactment of regulations or ordinances requiring cleanup of open dumps on private property and a description of the universal collection system or alternative approved by cabinet; amend KRS 109.059 to provide that county and WMD may require use of municipal solid waste facility if county/WMD owns facility or facility has been awarded a franchise; and to clarify that "waste management facility" means "municipal solid waste management facility"; amend KRS 109.056 to permit $.10 per $100 of assessed property valuation tax to pay for universal collection, or in lieu of tax, a service charge which may be billed for collection by the county or WMD, or by agreement with other agencies; provide that the charge may be put on property tax bill; provide for procedure for calculating and collecting service charges placed on property tax bills; provide for refunds due to absence from household or business and nonuse of service; provide for reduction or waiver of service charges for low-income households; amend KRS 109.300 to require that the county or WMD use statutory authority to finance the universal collection system; amend KRS 109.310 to provide for procedures and time frames for collection of delinquent service charges; provide for conditions under which delinquent service charges may be placed on property tax bills and for a 20% penalty for delinquent service charges; provide that increases in property tax bill for delinquencies be retained in county or WMD and disbursement of delinquent charges be made to the service provider no later than 30 days after receipt; provide that owners of leased property are responsible for delinquent fees; create a new section of KRS Chapter 109 to provide that delinquent fees are not cause for removal from county or WMD program and that a franchisee shall not terminate service due to delinquent bill payment; provide that a county may delegate authority but remains responsible for compliance; provide that county and WMD ensure that service provided by personal subscription is continued while efforts to collect service charges proceed; create a new section of KRS Chapter 438 to provide for $100 prepayment of littering fine and that fines for litter violations be transferred by the Circuit Court clerk to the county for inclusion in county general fund; amend KRS 433.753 and KRS 433.757 to provide that county solid waste coordinators and officials of solid waste management districts have the duty to enforce criminal littering laws; create a new section of KRS Chapter 109 to provide that authority for responsibilities under this Act may be delegated by counties to waste management districts, but that any penalty imposed as a result of noncompliance will be imposed on the county or its political subdivisions; make conforming changes; create a new section of KRS subchapter 43 of Chapter 224 to provide that appeals of actions may be made to the Circuit Court in the county in which the property subject to action is located; create a new section of KRS Chapter 109 to provide that appeals of actions may be made to the Circuit Court in the county in which the property subject to action is located; repeal KRS 109.062 and 109.320; provide that provisions of the Act are separable.

     (Prefiled by the sponsor(s))

     Jan 8-introduced in House; to Natural Resources and Environment (H)

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