Section
General Provisions
50.001 Definitions
Collection of Solid Waste
50.015 County responsibility
50.016 Mandatory collection
50.017 Collection at rental properties
50.018 Collectors’ and haulers’ responsibility
50.019 Collection points
50.020 Acceptable collection practices
50.021 Collection frequency
Recycling
50.030 Recycling defined
50.031 Recycling center
50.032 Curbside recycling
Franchising
50.040 Franchise requirement
50.041 Granting a franchise
50.042 Existing franchise contracts
50.043 Establishment of a franchise
50.044 Fee approval
50.045 Franchise fee
50.046 Reporting requirements
50.047 Contractor provisions
50.048 Termination of franchise
Storage of Solid Waste by Generators
50.060 Storage container requirement
50.061 Solid waste to be stored in a manner prescribed by ordinance
50.062 Bulky waste
50.063 High volume waste generation projects
50.064 Prohibitions
50.065 Scavenging and dumping
50.066 Green waste and yard waste
50.067 Composting
Transportation of Solid Waste
50.080 Collection vehicle standards
Disposal of Solid Waste
50.090 Solid waste management facilities
50.091 Open burning
50.092 Burning of green waste
50.093 Open dumping
50.094 Beneficial reuse
50.095 Hazardous waste
Solid Waste Management Facility Siting
50.110 Sanitary landfills
50.111 Construction and demolition debris landfills
50.112 Transfer station
50.113 Solid waste incinerator
50.114 Commercial composting facility
50.115 Hazardous waste disposal facility
50.116 Landfarming facility
Permits
50.130 Permit requirements
50.131 Permit procedure
50.132 Permit issuance
50.133 Application denial
50.134 Permit display
Inspections and Enforcement
50.150 Inspections
50.151 Violations
50.152 Civil enforcement
50.153 Injunctive relief
50.154 Appeal
50.999 Penalty
GENERAL PROVISIONS
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AGRICULTURAL USE. Operations for the production of agricultural or horticultural crops, including, but not limited to livestock, 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 of five acres or more.
AGRICULTURAL WASTE. Any non-hazardous waste resulting from the production and/or processing of on-the-farm agricultural products, including animal waste, pruning, and crop residues.
ANIMAL WASTE. Excrement, bedding, cage lining, feed, or any waste produced by farm animals and household pets.
AUTOMATED COLLECTION. Solid waste collection by mechanical means, where arms or other devices extend from the collection vehicle, grasp, or otherwise manipulate containers, lift them overhead, tip them to empty solid waste into the vehicle, and set them back down on the ground. Fully automated collection requires no manual labor to grasp containers; semiautomated collection requires manual labor to position containers for mechanical grasping. Contrast MANUAL COLLECTION.
BULKY WASTE. Non-putrescible solid wastes consisting of combustible and/or non-combustible 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.
BURN BAN. Restrictions on open burning per 401 KAR 63:005 Open Burning, KOC 05-320-315, and §§ 50.091 and 50.092.
CABINET. The Kentucky Energy and Environment Cabinet.
CLEAN FILL. Material consisting of soil, rock, concrete, brick, building block, tile, or asphalt paving, which do not contain contaminants which could adversely impact the waters of the state or public health. This term does not include putrescible wastes, construction and demolition wastes and industrial solid wastes.
CODE ENFORCEMENT BOARD. A body created by the governing body in order to provide a fast, fair, and effective method of ensuring compliance with county ordinances. A Board hearing allows parties to present testimony and witnesses to support their claims concerning any citation issued by a code enforcement officer.
COLLECTION. Removal of solid waste from the designated pick-up location, or collection point, to the transfer vehicle. Acceptable collection practices shall consist of the following:
(1) Door-to-door household collection; and/or
(2) Direct access to a staffed convenience center or transfer facility.
COMMERCIAL COMPOSTING FACILITY. Large-scale composting designed to handle a high volume of organic waste.
COMMERCIAL SOLID WASTE. All types of solid waste generated by stores, offices, restaurants, warehouses and other service and non-manufacturing activities, excluding households and industrial solid waste. Contrast RESIDENTIAL SOLID WASTE, INDUSTRIAL SOLID WASTE, and INSTITUTIONAL SOLID WASTE.
COMPOST. Solid waste which has undergone biological decomposition of organic matter, been disinfected using composting or similar technologies, been stabilized to a degree which is potentially beneficial to plant growth, and which is approved for use or sale as a soil amendment, artificial topsoil, growing medium amendment, or other similar uses.
COMPREHENSIVE PLAN. The blueprint for guiding Oldham County's growth and development.
COMPREHENSIVE ZONING ORDINANCE. Oldham County Planning and Development Services ordinance adopted with the intent to promote the public health, safety, and the general welfare; to prevent overcrowding of land and provide for planned and orderly growth; to protect land from premature or unsuitable development; to avoid undue concentration of the population; to protect and guide development of rural areas; to ensure adequate provision for transportation, water supply, sewage disposal, schools, parks, open space, natural areas and other public requirements; to encourage the most appropriate use of land and structures throughout the county and its cities; to guide and accomplish a coordinated, adjusted, and harmonious development of all areas of the county and its cities; and to aid in the implementation of the comprehensive plan.
CONSTRUCTION & DEMOLITION DEBRIS (C&DD). Materials resulting from the construction and/or demolition of buildings, other structures, and roads including materials such as metals, wood, gypsum, asphalt shingles, roofing, concrete, rocks, rubble, soil, paper, plastics, and glass, but excluding putrescible wastes.
CONTRACTOR. A person or company that undertakes a contract to provide materials or labor to perform a service or do a job.
COORDINATOR. The person who implements the solid waste management plan of the governing body of the county shall be the Solid Waste and Recycling Coordinator.
COUNTY. The County of Oldham, Kentucky.
DISPOSAL. The depositing of waste at a solid waste facility such as a landfill, a transfer station, or an incinerator without energy recovery, or some other comparable facility that does not practice recovery, even where the secondary consequence of the operation is recovery of a substance, or of energy contained in the waste, including preparation of waste for disposal. See also SOLID WASTE DISPOSAL.
DUMPSTERS. Open-topped rectangular containers for storage, collection and transport of solid waste that are rolled on and off flatbed collection vehicles, servicing commercial, institutional, and industrial solid waste and also servicing sites that generate construction and demolition debris, excessive bulky or municipal solid waste, and disaster debris. See also SOLID WASTE STORAGE/CONTAINER.
DWELLING UNIT. Per Oldham County Comprehensive Zoning Ordinance, Division 420, a permanent building used primarily for human habitation but not including manufactured homes of facilities for the housing of transient residents.
FILL. Any solid material placed in a land depression.
FOOD RESIDUALS OR WASTE. Animal and vegetable materials resulting from the handling and preparation of foods.
FORCE MAJEURE. Any event that prevents a party from complying with its obligations, including acts of God (including, without limitation, floods, earthquakes, tornadoes, hurricanes, and severe weather events), impassable roadways, labor disputes, lockouts, or industrial disputes or disturbances, civil disturbances, interruptions by government or court orders, necessity for compliance with any court order, law, statute, ordinance, or regulation promulgated by a governmental authority having jurisdiction, acts of the public enemy, events affecting facilities or services of non-affiliated third parties, or any other cause of like kind not reasonably within the control of the party claiming FORCE MAJEURE and which by the exercise of due diligence such party could not have prevented or is unable to overcome.
FORM DEP 5033. Municipal Solid Waste (MSW) collector and recycler registration and report form submitted annually by solid waste haulers and collectors.
FRANCHISE. Right or privilege conferred by a local government on one or more private entities for the collection, transportation or other handling of solid waste or recyclable materials. A FRANCHISE may extend throughout the corporate limits of the local government or may be limited to a specified area. Local power to grant franchises stems from Kentucky Constitution § 164 and KRS 109.0417.
GENERATOR. Any person, event, or entity which causes the existence of solid waste.
GOVERNING BODY. The elected or appointed officials representing the interests of the county, a city, or an HOA. These are referred to as: the Oldham County Fiscal Court, the City Council, the City Commission, or the Board of Directors.
GREEN OR YARD WASTE. Solid waste comprised of grass clippings, shrub and tree cuttings and other organic wastes resulting from lawn care and gardening.
HAZARDOUS WASTE. Any waste or combination of wastes which are determined by the Cabinet because of their 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.
HOMEOWNERS ASSOCIATION (HOA). An organization within a residential community, typically a neighborhood or condominium complex, that establishes and enforces rules and regulations for the properties and residents within its jurisdiction.
INDUSTRIAL SOLID WASTE. Solid waste generated by manufacturing or industrial processes that is not a hazardous waste or a special waste as designated by KRS 224.868, including, but not limited to, waste resulting from the following manufacturing processes: electric power generation; fertilizer or agricultural chemicals; food and related products or by-products; inorganic chemicals; iron and steel manufacturing; leather and leather products; nonferrous metals manufacturing/foundries; organic chemicals; plastics and resins manufacturing; pulp and paper industry; rubber and miscellaneous plastic products; stone, glass, clay, and concrete products; textile manufacturing; transportation equipment; and water treatment. Contrast RESIDENTIAL SOLID WASTE, COMMERCIAL SOLID WASTE, INSTITUTIONAL SOLID WASTE.
INERT MATERIALS. Concrete, fully cured asphalt pavement, glass, asphalt, brick, slag; ceramics, plaster, clay, and clay products that do not degrade or putrefy and are not hazardous waste.
INSTITUTIONAL SOLID WASTE. Solid waste originating from schools, universities, hospitals, and other institutions. Contrast RESIDENTIAL SOLID WASTE, INDUSTRIAL SOLID WASTE, COMMERCIAL SOLID WASTE.
LANDFARMING. An off-site, non-agricultural waste treatment process that is performed in a specifically named facility. Contaminated soils, sediments, or biosolids are transported to the LANDFARMING site, mixed into the soil surface, and periodically turned over (tilled) to aerate the mixture. LANDFARMING commonly uses a clay or composite liner to intercept leaching contaminants and prevent groundwater pollution.
LITTER. Waste materials such as papers, cans, wrappers, bottles, or other discarded items that are disposed of improperly in public areas like streets, parks, or sidewalks. LITTER is essentially any kind of trash or garbage that's been thrown or left in an inappropriate place rather than being disposed of in designated bins or through proper waste management systems.
MANDATORY COLLECTION. A municipal solid waste collection system which is established by ordinance and approved by the Cabinet and requires participation by each household or solid waste generator in a county, municipality, or HOA.
MANUAL COLLECTION. Solid waste collection by hand rather than machine, where workers grasp, lift and empty cans or toss bags into hoppers or buckets on a collection vehicle. Contrast AUTOMATED COLLECTION.
MUNICIPAL SOLID WASTE (MSW). Solid waste (other than hazardous wastes) comprised of commercial, household, and institutional wastes.
MUNICIPAL SOLID WASTE DISPOSAL FACILITY. 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 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.
NUISANCE. Any condition or the use of the premises or of building exteriors that is considered to be detrimental to the property of others or which causes or tends to cause substantial diminution in the value of other properties or which renders such properties as dangerous or detrimental or adverse to the health or welfare or is offensive to the senses of the residents of Oldham County.
OPEN BURNING. 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.
OPEN DUMP. Any facility or site for the disposal of solid waste which does not have a valid permit issued by the Cabinet or does not meet the environmental performance standards established under regulations promulgated by the Cabinet.
PART B TSDF PERMIT. Refers to a specific authorization issued under RCRA. Part B permits are granted to facilities that provide treatment, storage, and disposal of hazardous waste. These permits outline the operating conditions, waste management practices, monitoring requirements, and other necessary provisions that facilities must adhere to in order to manage hazardous waste safely and in compliance with environmental regulations. The Part B permit outlines specific details related to the types and quantities of hazardous waste that a facility can handle, the methods they can use for treatment or disposal, operational standards, emergency procedures, and reporting requirements. These permits are essential to ensure that facilities managing hazardous waste do so in a way that minimizes environmental risks and protects human health.
PERMIT. An official document giving someone authorization to do something.
RCRA. (Pronounced RECKRAA) Resource Conservation and Recovery Act, 42 S.S. C. §§ 6901 et seq., as amended, the major U.S. federal legislation first adopted in 1976 that governs the management of solid waste and hazardous waste in the U.S.
RECOVERED MATERIAL PROCESSING FACILITY. A facility engaged solely in the storage, processing, and resale or reuse of recovered material, but does not mean a solid waste management facility if solid waste generated by a RECOVERED MATERIAL PROCESSING FACILITY is managed pursuant to KRS Chapter 224 and administrative regulations adopted by the Cabinet. May also be known as a recycling center.
RECYCLING. 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.
RESIDENTIAL SOLID WASTE. Solid waste resulting from the maintenance of dwelling units. Contrast INSTITUTIONAL SOLID WASTE, INDUSTRIAL SOLID WASTE, COMMERCIAL SOLID WASTE.
SANITARY LANDFILL. Engineered solid waste disposal method on the land designed and operated to protect human health and the environment by establishing requirements with respect to location, a
operation, design, groundwater monitoring, corrective action, closure and post-closure, and financial assurance. It is a permitted facility for the disposal of solid waste which complies with the "environmental performance standards" specified in 401 KAR 47:030.
SCAVENGING.
(1) Theft of recyclable materials set out by the generators, prior to collection by the hauler, done by individuals or illicit businesses; and
(2) Uncontrolled (and generally unsafe) removal of recyclable materials from the working areas of a sanitary landfill, transfer station, MRF, or other solid waste management facility.
SITING. The determination of the need, location, and area serviced for a landfill.
SOLID WASTE. Any garbage, refuse, sludge and other discarded material, including solid, semisolid, 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, special wastes as designated by KRS 224.868, solid or dissolved material in domestic sewage, manure, crops, crop residue, or a combination thereof which are placed on the soil for return to the soil as fertilizers or soil conditioners, or solid or dissolved material in irrigation return flows or industrial discharges which are point sources subject to permits under § 401 of the Federal Waste Pollution Control Act, as amended (86 Stat. 880), or source, special nuclear, or by-product material as defined by the Atomic Energy Act of 1954, as amended (68 Stat. 923).
SOLID WASTE COLLECTOR. Person or entity that engages in collecting, transporting, and disposing of solid waste by door-to-door route.
SOLID WASTE DISPOSAL. 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 envirornnent, be emitted into the air, or be discharged into any water, including groundwater. See also DISPOSAL.
SOLID WASTE HAULER. Person or entity that engages in transporting and disposing of solid waste.
SOLID WASTE MANAGEMENT. Planned and organized handling of solid waste and recyclable materials in an envirornnentally and economically sound manner, encompassing the generation, storage, collection, transfer, transportation, processing, resource recovery, reuse, and disposal of solid waste and recyclable materials and including all administrative, financial, educational, environmental, legal, planning, marketing and operational aspects thereof, which shall be in accordance with a Cabinet approved county or multi-county solid waste management plan.
SOLID WASTE MANAGEMENT AREA OR SWMA. Any geographical area established or designated by the Cabinet in accordance with the provisions of Senate Bill 2.
SOLID WASTE MANAGEMENT FACILITY. Any facility for collection, storage, transportation, transfer, processing, treatment, or disposal of solid waste, whether such facility is associated with facilities generating such wastes or otherwise, but does not include a container located on property where solid waste is generated and which is used solely for the purpose of collection and temporary storage of that solid waste prior to off-site disposal, or a recovered material processing facility which is subject to regulation pursuant to Senate Bill 2 for control of environmental impacts and to prevent any public nuisance.
SOLID WASTE MANAGEMENT PLAN. The document submitted by waste management districts, counties, or any combination thereof as required under KRS 224.887 and approved by the Cabinet.
SOLID WASTE STORAGE/CONTAINER. Receptacle used by any person to store solid waste during the interval between solid waste generation and collection. A SOLID WASTE CONTAINER is made of rigid plastic, vinyl, or metal, ranging in size from about ten gallons to 42 cubic yards in size. Common names for such containers are trash can, curbside cart, bin, box, and dumpster.
STORAGE. The containment of wastes, either on a temporary basis or for a period of years, in such a manner as not to constitute disposal of such wastes.
TRANSFER. The placement of solid waste from smaller collection vehicles into larger vehicles for transportation to intermediate or final disposal facilities.
TRANSFER STATION. Facility that receives and consolidates solid waste or recyclable materials from municipal or commercial collection trucks and self-haulers' vehicles and loads the solid waste onto tractor trailers, railcars, or barges for long-haul transport to a distant disposal facility.
TREATMENT. Any method, technique, or process, including neutralization, designed to change the physical, chemical, or biological character or composition of any waste so as to neutralize such waste or so as to render such waste nonhazardous, safer for transport, amenable for recovery, amenable for storage, or reduced in volume. Such term includes any activity or processing designed to change the physical form or chemical composition of hazardous waste so as to render it nonhazardous.
UNIVERSAL COLLECTION. 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 or municipality.
(Ord. KOC 24-830-409, passed 5-21-2024)
COLLECTION OF SOLID WASTE
The Oldham County Fiscal Court shall provide coordination for the universal collection of all residential, commercial, and institutional solid waste within the Solid Waste Management Area (SWMA) as defined in the current solid waste management five year plan update. Coordination of collection shall include, and not be limited to, entering into a contract with a permitted solid waste collector to provide solid waste collection in a manner that gives access to such service to all solid waste generators within the SWMA, with the exception of state-owned facilities and industrial solid waste generators in the county.
(Ord. KOC 24-830-409, passed 5-21-2024)
The governing bodies of cities and homeowner associations (HOA) within the county may adopt the practice of mandatory collection as defined under this chapter while adhering to §§ 50.040 et seq.
(Ord. KOC 24-830-409, passed 5-21-2024)
The owners of all residential dwellings occupied under the terms of a rental agreement must provide collection services for the occupants while adhering to §§ 50.040 et seq.
(Ord. KOC 24-830-409, passed 5-21-2024)
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