††††† 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 registration of solid waste collectors and recyclers 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 cityís total street miles in accordance with KRS 224.43-345(1)(g)4.

†††††† (2) "Direct expenses" means:

†††††† (a) For anti-litter control program activities, direct expenses include staff time, supplies, contract costs, expenditures related to the operation of equipment, actual disposal costs incurred, and activities, including education, focusing on litter prevention and litter cleanup along public roadways. Direct expenses do not include the purchase of a motor vehicle or lease of a motor vehicle when the lease includes a purchase option; and

†††††† (b) For illegal open dump cleanup activities, direct expenses include staff time, supplies, contractor costs, expenditures related to the operation of equipment for remediation, and actual disposal costs. Direct expenses do not include the purchase of a motor vehicle or lease of a motor vehicle when the lease includes a purchase option.

†††††† (3) "Illegal open dump" means a facility or site used for the disposal of solid waste that:

†††††† (a) Is equal to or greater than two (2) consolidated cubic yards; and

†††††† (b)1. Does not have a valid solid waste permit issued by the cabinet pursuant to 401 KAR Chapters 47 and 48; or

†††††† 2. Has a valid solid waste permit issued by the cabinet pursuant to 401 KAR Chapters 47 and 48, but does not meet the standards established by the cabinet in 401 KAR 30:031.

†††††† (4) "In-kind services" means the value of noncash contributions provided by the grant recipient 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) A person who operates a business for the purpose of recycling recovered material, as defined in KRS 224.01-010(20), collected or diverted from the municipal solid waste stream, but does not include a business operated for the exclusive purpose of collecting motor vehicles or motor vehicle parts to be sold for reuse; or

†††††† (b) A city or county that is operating a recycling program for the purpose of collecting or diverting recovered material, as defined in KRS 224.01-010(20), from the municipal solid waste stream.

†††††† (7) "Regional" means a partnership between two (2) political subdivisions that are not within the same county.

†††††† (8) "Solid waste collector" means a person who provides collection of municipal solid waste, including collection for the purpose of recycling.

 

†††††† Section 2. Solid Waste Collector and Recycler Registration and Reporting. (1) Except for counties meeting the definition of recycler, by February 1 of each year, each solid waste collector and recycler shall register and report to the county in which they provide the service 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 use one (1) of the following:

†††††† (a) Municipal Solid Waste Collector (MSW) and Recycler Registration and Reporting Form, DEP 5033, January 2004; or

†††††† (b) A form approved by the county that contains, at a minimum, the same information as found in the form specified in paragraph (a) of this subsection.

 

†††††† Section 3. Anti-litter Control Program Activities. (1) Three (3) public road cleanups shall be performed annually by the county.

†††††† (2) Two (2) city street cleanups shall be performed annually. These cleanups shall be performed by:

†††††† (a) Incorporated cities receiving anti-litter control program grant funds pursuant to Section 4 of this administrative regulation; or

†††††† (b) The county, if the incorporated city does not receive anti-litter control program grant funding pursuant to Section 4 of this administrative regulation.

†††††† (3) Counties shall report all anti-litter control program activities on Anti-Litter Control Program Annual Report Form, DEP 8061.

†††††† (a) This form shall be submitted to the cabinet by March 1 of each year; and

†††††† (b) This form shall be used to meet the requirements established in KRS 224.43-310(5)(e).

 

†††††† Section 4. Anti-Litter Control Program Grants. (1) An anti-litter control program grant shall be available to:

†††††† (a) Counties; and

†††††† (b) Those incorporated cities that provide garbage collection service, either:

†††††† 1. Directly by the city;

†††††† 2. By contract between the city and the county; or

†††††† 3. By a contract between the city and a solid waste collector registered pursuant to Section 2 of this administrative regulation.

†††††† (2)(a) Anti-litter control program grant recipients shall use grant funding for direct expenses, as defined in Section 1(2)(a) of this administrative regulation, associated with public road cleanup and city street cleanup requirements referred to in KRS 224.43-505(d)5.

†††††† (b) Anti-litter control program grant recipients shall keep documentation related to grant activities, including grant expenditure documentation, for at least three (3) years.

†††††† (3) Counties applying for anti-litter control program grant funding shall complete and submit a County Request and Agreement for Anti-Litter Control Program Grant Funding, DEP 7117, September 2010, to the cabinet by November 1 annually.

†††††† (4)(a) Incorporated cities, who meet the qualification of subsection (1)(b) of this section, applying for anti-litter control program grant funding shall complete and submit a City Request and Agreement for Anti-Litter Control Program Grant Funding, DEP 7118, September 2010, to the cabinet by November 1 annually.

†††††† (b) A copy of the cityís solid waste ordinance or solid waste contract shall be submitted with the application.

†††††† (5) Applicants for anti-litter control program grant funding shall be in compliance with KRS 224.43-340.

†††††† (6)(a) It shall be the responsibility of the anti-litter control program grant funding recipient to determine compliance with subsection (2) of this section.

†††††† (b)1. The head of the governing body of the grant recipient shall certify on Certification of Use of Anti-Litter Control Program Grant Funding, DEP 0059, September 2010, that anti-litter control program grant funding was spent in accordance with subsection (2) of this section.

†††††† 2. Counties shall submit the Certification of Use of Anti-Litter Control Program Grant Funding, DEP 0059, September 2010, to the cabinet by March 1, with the annual report required by KRS 224.43-310(5) and 401 KAR 49:011, Section 7.

†††††† 3. Incorporated cities shall submit the Certification of Use of Anti-Litter Control Program Grant Funding, DEP 0059, September 2010, to the cabinet by February 1.

†††††† (7) Incorporated cities shall submit the Anti-Litter Control Program Annual Report Form, DEP 8061, September 2010, to the cabinet by February 1.

†††††† (8) Anti-litter control program grant funding not spent in the calendar year it is received shall be returned to the cabinet by April 15 of the following year.

†††††† (9) Grant recipients that complete and submit a certification in accordance with subsection (6) of this section shall not be deemed out of compliance with the public road cleanup and city street cleanup requirements of KRS 224.43-345(1)(g)4.

 

†††††† Section 5. Illegal Open Dump Cleanup Grant Program. (1) A county shall be eligible for illegal open dump cleanup grant funding if the county meets the criteria described in KRS 224.43-505(3)(b).

†††††† (2) A county shall meet the requirement of KRS 224.43-505(3)(b)2 by:

†††††† (a) Employing a solid waste coordinator who shall not be an elected official; and

†††††† (b)1. The county, through an ordinance or resolution, may 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 and 224.43-345; or

†††††† 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 and 224.43-345.

†††††† (3) Eligible counties applying for illegal open dump cleanup grant funding for the cost of eliminating illegal open dumps shall apply annually by submitting the following:

†††††† (a) Illegal Open Dump Cleanup Grant Program Grant Application, DEP 7125, (January 2011);

†††††† (b) Illegal Open Dump Cleanup Grant Program Estimated Expense Worksheet, DEP 6086, September 2010;

†††††† (c) Illegal Open Dump Characterization Worksheet, DEP 8063, September 2010; and

†††††† (d) DWM Pre-Inspection Report, including photographs;

†††††† (4) Grant funding shall be used for the direct expenses, as defined in paragraph 1(2)(b) of this administrative regulation, associated with the cleanup of illegal open dumps approved by the cabinet in the original or supplemental application for the applicable grant period.

†††††† (5) Illegal open dumps that have already been remediated two (2) times with assistance from the Kentucky Pride Fund during a five (5) year Areas Solid Waste Management Plan Update period shall not be approved.

†††††† (6) Grant recipients shall submit Illegal Open Dump Cleanup Grant Quarterly Progress Report Form, DEP 8062, September 2010, to the cabinet within thirty (30) days of the end of each quarter.

†††††† (7) Grant recipients shall submit the Illegal Open Dump Cleanup Grant Program Final Expense Worksheet, DEP 6088, September 2010, with attached invoices for rental equipment and contractor costs, receipts for disposal and miscellaneous supplies, photographs and DWM Post-inspection Report to the cabinet demonstrating actual cleanup costs pursuant to subsection (4) of this section for the illegal open dumps approved in the application not later than thirty (30) days after the end of the grant period.

†††††† (8) Grant recipients shall submit a final Illegal Open Dump Cleanup Grant Quarterly Progress Report Form, DEP 8062, September 2010, not later than thirty (30) days after the end of the grant period.

†††††† (9) If a county has grant funding remaining after all illegal open dumps approved on the original application have been cleaned, the county may submit a supplemental application.

†††††† (a) Supplemental applications shall be submitted by the county at least six (6) months prior to the end of the grant period.

†††††† (b)1. Supplemental applications shall include all paperwork required in subsection (3) of this section;

†††††† 2. Supplemental applications shall be accompanied by the Illegal Open Dump Cleanup Grant Program Final Expense Worksheet, DEP 6088, September 2010, with attached invoices for rental equipment and contractor costs, receipts for disposal and miscellaneous supplies, photographs and DWM Post-inspection Report to the cabinet demonstrating actual cleanup costs pursuant to subsection (4) of this section showing that all illegal open dumps approved in the original application have been remediated; and

†††††† 3. A final Illegal Open Dump Cleanup Grant Quarterly Progress Report Form, DEP 8062, September 2010, shall be submitted with the supplemental application.

†††††† (c) The county shall submit the Illegal Open Dump Cleanup Grant Program Final Expense Worksheet, DEP 6088, September 2010, with attached invoices for rental equipment and contractor costs, receipts for disposal and miscellaneous supplies, photographs and DWM Post-inspection Report to the cabinet demonstrating actual cleanup costs pursuant to subsection (4) of this section for the illegal open dumps approved in the supplemental application not later than thirty (30) days after the end of the grant period.

†††††† (10) Illegal open dump cleanup grant recipients shall comply with the terms and conditions of the grant agreement.

†††††† (11) Illegal open dump cleanup grant funding not spent in the grant period shall be returned within forty-five (45) days of notification by the cabinet that money needs to be returned.

 

†††††† Section 6. Recycling Grant Program. (1) Counties, waste management districts, cities, urban-county governments or other political subdivisions of the state may apply for recycling grants established in KRS 224.43-505(4).

†††††† (2) Applicants shall meet the requirements of KRS 224.43-505(4)(a), (b), and (c).

†††††† (3) Applications creating regional recycling infrastructure shall be given priority.

†††††† (4) Applications for recycling grants shall be applied for annually.

†††††† (5) Applicants shall submit Kentucky Pride Fund Recycling Grant Application, DEP 7126, September 2010.

†††††† (6)(a) Grant recipients shall submit quarterly reports not later than thirty (30) days after the end of each quarter throughout the grant period on Kentucky Pride Fund Recycling Grant Quarterly Report, DEP 5038, September 2010.

†††††† (b) Grant recipients shall submit the final quarterly report not later than thirty (30) days after the end of the grant period.

†††††† (7) Grant recipients shall comply with the terms and conditions of the grant agreement.

†††††† (8) Recycling grant funds shall not be awarded to an otherwise eligible entity if the entity is out of compliance with KRS 224.43-315, KRS 224.43-340, 224.43-345, 224.43-505, or 224.50-878.

†††††† (9) Recycling grant funding not spent in the grant period shall be returned to the cabinet within forty-five (45) days of notification from the cabinet that grant funding needs to be returned.

 

†††††† Section 7. Household Hazardous Waste (HHW) Management Grant Program. (1) Counties, waste management districts, cities, urban-county governments or other political subdivisions of the state may apply for household hazardous waste management grant funds established in KRS 224.43-505.

†††††† (2) Household hazardous waste management grants shall be applied for annually.

†††††† (3) Applicants shall submit Kentucky Pride Fund Household Hazardous Waste Management Grant Application, DEP 7127, September 2010.

†††††† (4) Grant recipients shall be limited to one event annually, unless a supplemental application is submitted.

†††††† (5)(a) Supplemental applications shall be submitted on Kentucky Pride Fund Household Hazardous Waste Management Grant Application, DEP 7127, September 2010, not later than sixty (60) days before the end of the grant period.

†††††† (b) Kentucky Pride Fund Household Hazardous Waste Management Grant Close-out Report, DEP 6087, September 2010, shall be submitted with the supplemental application.

†††††† (6) Grant recipients shall submit Kentucky Pride Fund Household Hazardous Waste Management Grant Close-out Report, DEP 6087, September 2010, within forty-five (45) days of completion of the event.

†††††† (7) Household Hazardous Waste Management Grant funds shall not be awarded to an otherwise eligible entity if the entity is out of compliance with KRS 224.43-315, 224.43-340, 224.43-345, 224.43-505, or 224.50-878.

†††††† (8) Household Hazardous Waste Management Grant funding not spent in the grant period shall be returned to the cabinet within forty-five (45) days of notification from the cabinet that grant funding needs to be returned.

 

†††††† Section 8. Extensions. Entities may request an extension to deadlines established by this administrative regulation or established by the cabinet in writing pursuant to this administrative regulation. The extension request shall be submitted in writing and received by the Recycling and Local Assistance Branch of the Division of Waste Management prior to the deadline. The cabinet may grant extensions, if the cabinet determines that an extension would not have a detrimental impact on human health or the environment.

 

†††††† Section 8. Enforcement. (1) An entity failing to comply with the terms of the grant agreements authorized in this administrative regulation shall be ineligible for grants authorized under KRS 224.43-505 or 224.50-878 until it returns to compliance or for a period of one (1) year.

†††††† (2) An entity failing to meet the requirements of 401 KAR 49:011 shall be ineligible for grants authorized under KRS 224.43-505 or 224.50-878 until it returns to compliance.

 

†††††† Section 9. Incorporation by Reference. (1) The following material is incorporated by reference:

†††††† (a) "Municipal Solid Waste (MSW) Collector and Recycler Registration and Reporting Form", DEP 5033, January 2004;

†††††† (b) "County Request and Agreement For Anti-Litter Control Program Grant Funding", DEP 7117, September 2010;

†††††† (c) "City Request and Agreement for Anti-Litter Control Program Grant Funding", DEP 7118, September 2010;

†††††† (d) "Certification of Use of Anti-Litter Control Program Grant Funding", DEP 0059, September 2010;

†††††† (e) "Anti-Litter Control Program Annual Report Form", DEP 8061, September 2010;

†††††† (f) "Illegal Open Dump Cleanup Grant Program Grant Application", DEP 7125, January 2011;

†††††† (g) "Illegal Open Dump Cleanup Grant Program Estimated Expense Worksheet," DEP 6086, September 2010;

†††††† (h) "Illegal Open Dump Characterization Worksheet", DEP 8063, September 2010;

†††††† (i) "Illegal Open Dump Cleanup Grant Quarterly Progress Report Form", DEP 8062, September 2010;

†††††† (j) "Illegal Open Dump Cleanup Grant Final Expense Worksheet", DEP 6088, September 2010;

†††††† (k) "Kentucky Pride Fund Recycling Grant Application", DEP 7126, September 2010;

†††††† (l) "Kentucky Pride Fund Recycling Grant Quarterly Report Form", DEP 5038, September 2010;

†††††† (m) "Kentucky Pride Fund Household Hazardous Waste Management Grant Application", DEP 7127, September 2010; and

†††††† (n) "Kentucky Pride Fund Household Hazardous Waste Management Grant Close-out Report", DEP 6087, September 2010.

†††††† (2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Division of Waste Management, 200 Fair Oaks Lane, Second Floor, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m.

††††† (3) This material is also available on the Divisionís Web page at waste.ky.gov. (30 Ky.R. 2419; Am. 31 Ky.R. 373; 1239; eff. 1-21-2005; 37 Ky.R. 1349; 1707; eff. 3-4-2011.)