401 KAR 39:080. Recycling and universal waste fees.


      RELATES TO: KRS 224.10, 224.46

      STATUTORY AUTHORITY: KRS 224.10-100, 224.46-550

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 224.10-100(20) states that the cabinet may provide by administrative regulation for a reasonable schedule of fees for the cost of processing applications for permits, exemptions, and partial exemptions. KRS 224.46-550 requires the cabinet to promulgate administrative regulations requiring the payment of reasonable fees for hazardous waste registration certificates and permits. The purpose of this chapter is to establish a fee schedule for hazardous waste management. This administrative regulation establishes the fee schedule for permits for recyclers of hazardous waste and petitions to include additional wastes under 401 KAR Chapter 43.


      Section 1. Applicability. (1) This administrative regulation applies to all persons considered to be recyclers in accordance with the criteria contained in Section 1 of 401 KAR 35:010 and 401 KAR Chapter 36.

      (2) This administrative regulation applies to all persons who petition the cabinet to include additional wastes as a universal waste under 401 KAR Chapter 43.


      Section 2. Schedule of Fees for Recycling. (1) An annual fee shall be required in order to register as a recycler of hazardous wastes. The fee to register as a hazardous waste recycler is $300. Generators who generate less than 100 kg of hazardous waste in a calendar month (that is, conditionally exempt small quantity generators) shall be exempt from the registration fee for recycling activities.

      (2) No fee is charged if a registrant modifies his registration by making a name change. If a registrant submits a registration to modify any other information, a fee of fifty (50) dollars shall apply.


      Section 3. Fees for Universal Waste Petitions. Any person seeking to add a hazardous waste or a category of hazardous waste to 401 KAR Chapter 43 shall submit a $2,500 fee with the petition required in 401 KAR 43:070.


      Section 4. Submittal of Fees. The required fees shall be submitted to the cabinet with the permit application. All checks shall be made payable to the Kentucky State Treasurer. (12 Ky.R. 1104; eff. 2-4-86; Am. 14 Ky.R. 1506; eff. 3-10-88; 15 Ky.R. 374; eff. 10-26-88; 16 Ky.R. 628; eff. 1-9-90; 23 Ky.R. 980; eff. 3-12-97.)