ENVIRONMENT, WASTE DUMPS: ASTRO, INC. V ENVIRONMENTAL AND PUBLIC PROTECTION CABINET (COA 6/8/2007)

ASTRO, INC. V ENVIRONMENTAL AND PUBLIC PROTECTION CABINET
ADMINISTRATIVE LAW:  Waste dumps
2006-CA-000872
PUBLISHED: AFFIRMING
JUDGES: MOORE (PJ); COMBS, NICKELL CONCURRING
FRANKLIN COUNTY
DATE RENDERED: 6/8/2007

This matter involves an appeal of the Franklin Circuit Court upholding the Final Order of the Secretary of the Environmental and Public Protection Cabinet regarding whether Appellant violated Kentucky Revised Statute (KRS) 224.40- 305. Affirmed.

Astro was cited for  violating KRS Chapter 151 – 401 KAR 4:060 § 4, for placement of fill material and other obstructions in the regulatory floodway. Astro was directed to immediately cease the placement of materials in the regulatory floodway and to remove all unpermitted material from the floodway.

The plain meaning of “waste site” is unambiguous and clearly entails conditions such as that on Astro’s property. It is beyond dispute that waste was disposed and stored on the property, regardless of who originally put the waste materials on the site.  After Astro acquired the property, with full knowledge that a large amount of waste was already located on the site, waste was then added to the pile. In fact, the type of waste site on Astro’s property may better be referred to as an open dump pursuant to 401 KAR 30.031 §1. In any case, the Secretary’s determination that the condition constitutes a waste site is consistent with the plain statutory and regulatory language. Accordingly, a waste site exists on Astro’s property.

by Michael Stevens

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