401 KAR 49:080. Solid waste grant funds and solid waste collector and recycler registration.
RELATES TO: KRS 224.43-310, 224.43-315, 224.43-345, 224.43-505
STATUTORY AUTHORITY: KRS 224.43-340, 224.43-345, 224.43-505
NECESSITY, FUNCTION, AND CONFORMITY: KRS 224.43-340 authorizes the cabinet to promulgate administrative regulations pursuant to KRS Chapter 224 for the reduction and management of solid waste. This administrative regulation establishes administrative procedures concerning the area solid waste management plans described in KRS 224.43-345 and the Kentucky Pride Fund described in KRS 224.43-505.
Section 1. Definitions. (1) "City street cleanup" means the cleanup of litter along a number of city street miles equivalent to one-half (1/2) of a city’s total street miles in accordance with KRS 224.43-345(1)(g)4.
(2) "County" means the governing body of a solid waste management area.
(3) "Illegal open dump" means any facility or site for the disposal of solid waste that does not have a valid permit issued by the cabinet or does not meet the standards established by the cabinet and is equal to or greater than two (2) consolidated cubic yards of solid waste.
(4) "In-kind services" means the value of noncash contributions provided by parties in the form of real property, equipment, supplies, and other expendable property, and the value of goods and services directly benefiting and specifically identifiable to the project or program.
(5) "Public road cleanup" means the cleanup of litter along a number of public road miles equivalent to one-third (1/3) of the total public road miles in the solid waste management area, excluding total city street miles in accordance with KRS 224.43-345(1)(g)4.
(6) "Recycler" means the following:
(a) Any person who operates a business for the purpose of recycling recovered material, as defined in KRS 224.01-010(20), collected from the municipal solid waste stream, excluding any business operated for the exclusive purpose of collecting motor vehicles or motor vehicle parts to be sold for reuse; or
(b) A recycling program operated by a municipality for the purpose of collecting recovered material, as defined in KRS 224.01-010(20), from the municipal solid waste stream.
(7) "Solid waste collector" means a person who provides collection of municipal solid waste, including collection for the purpose of recycling.
Section 2. Waste Collector and Recycler Registration and Reporting. (1) By February 1 of each year, each solid waste collector and recycler shall register and report in accordance with KRS 224.43-315(2) and (3).
(2) Solid waste collectors and recyclers required to register and report, pursuant to KRS 224.43-315(2) and (3), and this administrative regulation, shall utilize DEP Form #5033 "Municipal Solid Waste (MSW) Collector and Recycler Registration and Reporting Form" incorporated by reference in Section 7 of this administrative regulation.
Section 3. Litter Abatement Funding. (1) Liter abatement funding to complete the public road cleanup requirements established in KRS 224.43-345(1)(g)4 shall be available to the counties and those incorporated cities that provide garbage collection service, either directly by the city or the county, or by contract between the municipality and a registered solid waste collector.
(2) Litter abatement funding shall be utilized for direct expenses associated with public road cleanup requirements established in KRS 224.43-345. Direct expenses include staff time, supplies, contract costs, expenditures related to the operation of equipment, street sweeping activities, actual disposal costs incurred, and education activities focusing on litter prevention and litter cleanup activities along public roadways. Direct expenses do not include the purchase of a motor vehicle, or lease of a motor vehicle, when the lease includes the purchase option.
(3) All recipients of litter abatement funds shall provide a twenty-five (25) percent match to the litter abatement funding in accordance with KRS 224.43-505(3). The match may be fulfilled through in-kind services.
(4) Counties and cities shall complete and return a "County Request for Litter Abatement Funding" document to the cabinet to be eligible for funding.
Section 4. Litter Abatement Activities. (1) Three (3) public road cleanups shall be performed annually by the county.
(2) Two (2) city street cleanups shall be performed annually by incorporated cities receiving litter abatement funds or by the county, if the incorporated city does not receive funding.
(3) Counties shall report to the cabinet on litter abatement activities in the annual report required by KRS 224.43-310(5).
(4) Incorporated cities that enter into an agreement with the cabinet to receive a portion of a county’s litter abatement funding shall report annually to their county by February 1, demonstrating that the city used the litter abatement funds it received appropriately pursuant to Section 3(2) of this administrative regulation.
(5) Counties and incorporated cities that utilize litter abatement funding in accordance with Section 3(2) of this administrative regulation to meet public road cleanup requirements established in KRS 224.43-345(1)(g)4 and Section 4 of this administrative regulation shall not be deemed out of compliance with the public road cleanup requirements of KRS 224.43-345(1)(g)4.
Section 5. Illegal Dump Remediation Costs Reimbursement. (1) Funding for illegal open dump remediation established in KRS 224.43-505 is available to counties that meet the eligibility requirements of KRS 224.33-505(2)(c). The cabinet shall reimburse eligible counties seventy-five (75) percent of remediation costs of eliminating illegal open dumps that pose the greatest public health and environmental risks as determined by the cabinet.
(2) Eligible counties shall be reimbursed for direct costs associated with illegal open dump remediation. Direct costs include staff time, supplies, contract costs, expenditures related to the operation of equipment for remediation, and actual disposal costs. Direct costs do not include the purchase of a motor vehicle, or lease of a motor vehicle, when the lease includes a purchase option.
(3) Expenditures paid for with other grant dollars do not qualify as a direct cost.
(4) Beginning July 1, 2004, a county shall be eligible for reimbursement if the county:
(a) Meets the criteria described in KRS 224.43-505(2)(c)3a-f; and
(b) Employs a solid waste coordinator, required pursuant to KRS 224.43-505(2)(c)3b, who shall not be an elected official.
1. The county, through an ordinance or resolution, shall empower the solid waste coordinator with enforcement powers necessary to implement all components of the solid waste management plan described in KRS 224.43-340.
2. Counties may employ a solid waste coordinator and an enforcement officer for the duties required to implement all components of the solid waste management plan described in KRS 224.43-340.
(5) Counties shall not be reimbursed for the costs of remediating the following types of illegal open dumps:
(a) Illegal open dumps eliminated prior to qualification; or
(b) Illegal open dumps that recur after being remediated more than two (2) times with assistance from the Kentucky Pride Fund.
Section 6. Enforcement. Any county or incorporated city failing to comply with the terms of the agreement specified in Section 3(4) of this administrative regulation shall be ineligible for litter abatement funding for the following year.
Section 7. Incorporation by Reference. (1) The following material is incorporated by reference:
(a) "Municipal Solid Waste (MSW) Collector and Recycler Registration and Reporting Form (January 2004)";
(b) "County Request for Litter Abatement Funding (July 2004)".
(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Division of Waste Management, 14 Reilly Road, Frankfort, Kentucky 40601, (502) 564-6716, Monday through Friday, 8 a.m. to 4:30 p.m. (30 Ky.R. 2419; Am. 31 Ky.R. 373; 1239; eff. 1-21-2005).