SB 86 — AN ACT relating to solid waste and making an appropriation therefor.

UNOFFICIALCHAPTER COPY137 211 RSCHAPTER 137 ( SB 86/EN86 ) AN ACT relating to solid waste and making an appropriation therefor.

(2) Subject to the limitations set forth in subsection (3) of this section, the legislative Page 1 of 9 XXXX Engrossed UNOFFICIAL COPY 21 RS SB 86/EN body of a local government may utilize a code enforcement board to enforce any ordinance of the local government, including but not limited to[,] littering, open dumping of solid waste, or any zoning or nuisance ordinance.

(2) The use of open dumps is prohibited except in the case of an open dump which is Page 2 of 9 XXXX Engrossed UNOFFICIAL COPY 21 RS SB 86/EN under a timetable or schedule for compliance approved by the cabinet.

Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (3) The cabinet may require any person who violates this section or KRS 224.40-305 to take appropriate response actions to close and reclaim or upgrade open dumps to comply with applicable administrative regulations adopted by the cabinet.

Penalties shall be imposed by the District Court in the county where the offense occurred and shall be collected by the Circuit Court clerk and transferred to the treasurer in the county where the offense occurred for the abatement, cleanup, and restoration of the open dump site.

or Page 3 of 9 XXXX Engrossed UNOFFICIAL COPY 21 RS SB 86/EN (b) Prohibit open dumping, impose fines and penalties, or impose any other requirements on solid waste disposal.

(2) Any person who violates KRS 224.10-110(4) or (5), or KRS 224.40-100, 224.40-224.40-305, 305, or any provision of this chapter relating to noise, or who fails to perform any determination, permit, administrative regulation, or order of the cabinet promulgated pursuant thereto shall be liable for a civil penalty not to exceed the sum of five thousand dollars ($5,000) for said violation and an additional civil penalty not to exceed five thousand dollars ($5,000) for each day during which such violation continues, and in addition, may be concurrently enjoined from any violations as hereinafter provided in this section and KRS 224.99-020.

Page 4 of 9 XXXX Engrossed UNOFFICIAL COPY 21 RS SB 86/EN (3) (a) Any person who shall knowingly violate any of the provisions of this chapter relating to noise or any determination or order of the cabinet promulgated pursuant to those sections which have become final shall be guilty of a Class A misdemeanor.

(4) Any person who knowingly violates KRS 224.70-110, 224.73-120, 224.40-100, 224.20-110, 224.20-050, 224.40-305, or 224.10-110(2) or (3), or any determination, permit, administrative regulation, or order of the cabinet promulgated pursuant to those sections which have become final, or who knowingly provides false information in any document filed or required to be maintained under this chapter, or who knowingly renders inaccurate any monitoring device or method, or who tampers with a water supply, water purification plant, or water distribution system so as to knowingly endanger human life, shall be guilty of a Class D felony, and CHAPTER 137 3 upon conviction thereof, shall be punished by a fine not to exceed twenty-five thousand dollars ($25,000), or by imprisonment for a term of not less than one (1) year and not more than five (5) years, or by both fine and imprisonment, for each separate violation.

The violator shall be liable for a civil penalty not to exceed Page 5 of 9 XXXX Engrossed UNOFFICIAL COPY 21 RS SB 86/EN the sum of twenty-five thousand dollars ($25,000) for each day during which the violation continues, and in addition, may be enjoined from any violations in a court of appropriate jurisdiction.

(9) The Franklin Circuit Court shall hold concurrent jurisdiction and venue of all civil, criminal, and injunctive actions instituted by the cabinet or by the Attorney General on its behalf for the enforcement of the provisions of this chapter or the orders and Page 6 of 9 XXXX Engrossed UNOFFICIAL COPY 21 RS SB 86/EN administrative regulations of the cabinet promulgated pursuant thereto.

(14) Any person who removes a methamphetamine contamination notice posted under KRS 224.1-410(9) contrary to the administrative regulations governing methamphetamine contamination notice removal shall be guilty of a Class A Page 7 of 9 XXXX Engrossed UNOFFICIAL COPY 21 RS SB 86/EN misdemeanor.

Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (15) Any person who leases, rents, or sells a property that has been determined to be contaminated property under KRS 224.1-410(4) to a lessee, renter, or buyer without giving written notice that the property is a contaminated property pursuant to KRS 224.1-410(10) shall be guilty of a Class D felony.

One hundred percent (100%) of any fines imposed for the violation of subsection (5) of Section 3 of this Act and subsection (10) of Section 4 of this Act shall, when collected, be transferred to the Page 8 of 9 XXXX Engrossed UNOFFICIAL COPY 21 RS SB 86/EN treasurer of the county in which the violation occurred.

PageSigned 9by ofGovernor 9March XXXX25, Engrossed2021.