Committee Testimony on the Bill to Prohibit Out‑of‑State Waste in Kentucky Landfills
Chairman, members of the committee, thank you for the opportunity to speak today. My name is Ray, and I’m here on behalf of residents in Eastern Kentucky who are living every day with the consequences of landfill decisions made far from the communities that bear the impact.
Kentucky has always taken pride in being a good neighbor. But being a good neighbor does not mean becoming the dumping ground for other states. Right now, rural counties—especially in the mountains—are being targeted as destinations for waste that was never generated here, never benefited our economy, and never asked for our consent.
Why This Bill Is Necessary
Across the Commonwealth, landfills are increasingly proposed or expanded in areas that sit directly beside homes, schools, and long‑established neighborhoods. In places like Pike County, these sites sit in narrow hollers, on unstable slopes, and above drinking‑water sources. When out‑of‑state waste is added to the equation, the volume increases, the truck traffic increases, and the long‑term environmental risk multiplies.
This bill recognizes a simple truth:
Kentucky has no obligation to accept waste from other states, especially when doing so threatens the health, safety, and property of our own citizens.
The Impacts on Local Communities
Residents living near these landfills experience:
- Constant heavy‑truck traffic on roads never designed for it.
- Noise, odor, and dust that make daily life difficult.
- Increased risk of landslides, leachate leaks, and groundwater contamination, especially in steep Appalachian terrain.
- Depressed property values and reduced ability to sell or develop land.
- Long‑term monitoring costs that fall on counties long after private operators have left.
These are not hypothetical harms. They are lived experiences.
Why Out‑of‑State Waste Makes the Problem Worse
When a landfill begins importing waste from outside Kentucky, the scale of operations changes dramatically. What was once a local facility becomes a regional dumping hub. That means:
- More tonnage.
- More trucks.
- More environmental pressure.
- More long‑term liability for the county and the state.
And none of that added burden comes with added benefit to the people who live beside these sites.
What This Bill Does
This legislation does three essential things:
1. Prohibits the importation of out‑of‑state waste into Kentucky landfills.
2. Protects residential communities by preventing new landfills or expansions near homes, schools, and vulnerable populations.
3. Ensures transparency and accountability so residents know what is being dumped near them and where it came from.
This is not an anti‑business bill. It is a pro‑Kentucky bill. It ensures that our communities are not sacrificed for the convenience or profit of waste generators in other states.
Kentucky’s Responsibility to Its Own People
We talk often in this building about protecting rural Kentucky, about supporting families, about strengthening our communities. This bill is an opportunity to put those words into action.
No Kentuckian should have to live beside a landfill filled with trash from states hundreds of miles away. No child should grow up breathing the dust of someone else’s waste. No county should be pressured into accepting long‑term environmental risk for short‑term private gain.
Closing
Members of the committee, this bill is about fairness, safety, and the right of Kentucky communities to control what happens in their own backyards. I respectfully ask for your support to ensure that our Commonwealth protects its people first.
Thank you, and I’m happy to answer any questions.
The Proposal
AN ACT relating to the protection of Kentucky communities from imported solid waste
Be it enacted by the General Assembly of the Commonwealth of Kentucky:
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SECTION 1. LEGISLATIVE FINDINGS
The General Assembly finds that:
1. Kentucky’s steep terrain, karst geology, and high‑rainfall watersheds create elevated risks of groundwater contamination, landslides, and long‑term environmental harm when large‑scale landfills are sited near residential communities.
2. The importation of municipal solid waste from outside the Commonwealth places disproportionate burdens on rural counties, including increased truck traffic, road degradation, public health risks, and long‑term monitoring costs.
3. Residential communities have a right to protection from environmental hazards, nuisance impacts, and industrial activities incompatible with public health, safety, and property values.
4. Kentucky has no obligation to accept waste generated in other states, and the Commonwealth retains the authority to regulate landfill siting and waste importation to protect its citizens.
5. Modern waste‑reduction, recycling, and circular‑economy strategies are preferable to large‑scale landfilling and should be prioritized in state policy.
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SECTION 2. DEFINITIONS
As used in this Act:
- “Out‑of‑state waste” means any municipal solid waste, industrial waste, construction or demolition debris, special waste, or residual waste generated outside the boundaries of the Commonwealth of Kentucky.
- “Residential area” means any area within one (1) mile of an occupied dwelling, school, daycare, nursing home, medical facility, or residentially zoned property.
- “Landfill” means any facility permitted under KRS Chapter 224 and 401 KAR Chapters 47 or 48 for the disposal of solid waste.
- “Operator” means any person, corporation, partnership, or entity that owns, manages, or controls a landfill.
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SECTION 3. PROHIBITION ON IMPORTATION OF OUT‑OF‑STATE WASTE
1. No landfill in the Commonwealth shall accept, receive, store, or dispose of out‑of‑state waste.
2. No permit, variance, or waiver issued by the Energy and Environment Cabinet shall authorize the acceptance of out‑of‑state waste.
3. Any contract, agreement, or memorandum of understanding allowing the importation of out‑of‑state waste into Kentucky shall be void and unenforceable.
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SECTION 4. ADDITIONAL PROTECTIONS FOR RESIDENTIAL COMMUNITIES
1. No new landfill shall be sited within one (1) mile of a residential area.
2. No existing landfill located within one (1) mile of a residential area may expand its permitted footprint or increase its daily tonnage capacity.
3. No landfill may alter its operations in a manner that increases truck traffic, noise, odor, or environmental risk to nearby residents.
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SECTION 5. PERMITTING AND ENFORCEMENT
1. The Energy and Environment Cabinet shall:
- Deny any permit application that proposes to accept out‑of‑state waste.
- Revoke or suspend any permit for violations of this Act.
- Conduct unannounced inspections of landfills at least twice annually.
2. Any operator who violates this Act shall be subject to:
- A civil penalty of not less than $50,000 per violation per day.
- Mandatory closure proceedings for repeated violations.
- Full financial responsibility for remediation, monitoring, and community damages.
3. Counties and cities may enact stricter local ordinances, zoning restrictions, or prohibitions consistent with this Act.
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SECTION 6. COMMUNITY RIGHT‑TO‑KNOW
1. Landfill operators shall publicly disclose:
- All waste sources by state of origin.
- Daily tonnage received.
- Results of groundwater, leachate, and air‑quality monitoring.
2. All disclosures shall be posted online and provided to the county fiscal court and local health department.
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SECTION 7. SEVERABILITY
If any provision of this Act is found unconstitutional or invalid, the remaining provisions shall remain in full force and effect.
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SECTION 8. EFFECTIVE
DATE
This Act shall take effect upon passage and approval by the Governor.
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