Ky. Rev. Stat. » Chapter 224
Kentucky Revised Statutes

Ky. Rev. Stat. § 224.40-305 (2026)

Necessity of permit

✓ current as of May 2026
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No person shall establish, construct, operate, maintain, or permit the use of a waste site or facility without first having obtained a permit from the cabinet pursuant to this chapter and administrative regulations adopted by the cabinet. Effective: February 26, 1991 History: Amended 1991 (1st Extra. Sess.) Ky. Acts ch. 12, sec. 23, effective February 26, 1991. -- Amended 1986 Ky. Acts ch. 172, sec. 3, effective July 15, 1986. -- Amended 1984 Ky. Acts ch. 111, sec. 186, effective July 13, 1984. -- Amended 1982 Ky. Acts ch. 279, sec. 15, effective July 15, 1982. -- Amended 1980 Ky. Acts ch. 284, sec. 6, effective July 15, 1980. -- Created 1974 Ky. Acts ch. 55, sec. 4, effective June 21, 1974. Formerly codified as KRS 224.842 and also previously codified as KRS 224.880.

Notes of Decisions
Cited in 5 cases (2 in the last 5 years), 1993–2024 · leading case: Iles v. Commonwealth, Energy & Env't Cabinet, 320 S.W.3d 107 (Ky. Ct. App. 2010).
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Iles v. Commonwealth, Energy & Env't Cabinet, 320 S.W.3d 107 (Ky. Ct. App. 2010). · cites it 6× “40-100 and KRS 224.40-305. These statutes prohibit the disposal of waste at any site without a permit.”
Nat. Resources & Env't Prot. Cabinet v. Kentucky Harlan Coal Co., 870 S.W.2d 421 (Ky. Ct. App. 1993). “01-010(31), KRS 224.40-305, 401 KAR Chapters 47 and 48 (used tires and garbage are subject to regulation as solid waste) and KRS 224.”
Waste Servs. of the Bluegrass, LLC v. Georgetown, KY City of (E.D. Ky. 2023). · cites it 2× “Ky. Rev. Stat. §§ 224.40-305; 224.40-310; 224.”
Waste Servs. of the Bluegrass, LLC v. Georgetown, KY City of (E.D. Ky. 2024). · cites it 2× “Ky. Rev. Stat. §§ 224.40-305, 224.40-310; 224-315.”
Commonwealth v. Crider & Rogers, Inc., 929 S.W.2d 179 (Ky. 1996). “40-100(2) and KRS 224.40-305, respectively prohibiting operating an open dump without an approved compliance schedule and operating an open dump without first procuring a permit from the Natural Resources and Environmental Protection Cabinet.”
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