401 KAR 49:210. Solid Waste Revolving Fund.


      RELATES TO: KRS Chapters 224, 224A


      NECESSITY, FUNCTION, AND CONFORMITY: KRS Chapter 224A establishes a Solid Waste Revolving Fund that provides financial assistance to governmental agencies for the construction or acquisition of certain solid waste projects. KRS 224A.270 directs the Environmental and Public Protection Cabinet to adopt administrative regulations establishing eligibility criteria and criteria for prioritization. This administrative regulation establishes definitions, eligibility requirements, application requirements, and prioritization criteria to be used by the Environmental and Public Protection Cabinet in fulfilling its role in administration of this program.


      Section 1. Definitions. For the purposes of this administrative regulation, the words and terms shall have the same meaning as in KRS 224.01-010 and 224A.011, with the following additions:

      (1) "Applicant" shall mean an agency of the state or its political subdivisions, a city, or a special district created under the laws of the state, acting individually or jointly under interagency or interlocal cooperative agreement, that has submitted an application.

      (2) "Application" shall mean an application submitted to the cabinet for a loan from the Solid Waste Revolving Fund.

      (3) "Eligible project" shall mean the capital expenses, including equipment purchases, that are part of the construction, renovation, or acquisition of a solid waste management facility, which could include, but is not limited to, a landfill, transfer station, convenience center, incinerator, landfarm facility, recycling facility or composting facility.

      (4) "Solid Waste Revolving Fund" shall mean the Solid Waste Revolving Fund established by KRS 224A.270.


      Section 2. General Eligibility Requirements and Conditions to Financial Assistance. (1) Applications shall be submitted only by applicants for eligible projects.

      (2) Each applicant shall have the legal authority to construct or acquire, operate, and maintain the project for which financial assistance is sought from the Solid Waste Revolving Fund.

      (3) The applicant shall participate in or implement a universal collection program for all municipal solid waste.

      (4) The applicant shall have access to a permitted solid waste disposal facility.

      (5) The applicant shall have a solid waste management plan approved by the cabinet or be part of an area that has a solid waste management plan approved by the cabinet.

      (6) Applicants shall meet eligibility requirements of the state clearinghouse process set forth in KRS 45.031 and shall submit to the clearinghouse all appropriate documentation.

      (7) The applicant shall have an existing or proposed system for collection of a service fee, dedicated tax, or appropriation, which shall be used to support the funded project.


      Section 3. Application Submission and Review. (1) The application form, DEP Form 7096, entitled "Solid Waste Revolving Fund: Application for Loan" (November 2016) and its requirements are hereby incorporated by reference. Copies may be obtained from the cabinet's Division of Waste Management, 300 Sower Boulevard, Frankfort, Kentucky 40601 during the normal work hours of 8 a.m. to 4:30 p.m., Monday through Friday. The applicant shall submit the original and three (3) copies of the completed application to the Division of Waste Management.

      (2) The cabinet shall review applications upon submission to determine the degree to which the proposed project meets the criteria for eligibility and prioritization set forth in KRS 224A.270(7) and Section 2 of this administrative regulation.


      Section 4. Submission to the Kentucky Infrastructure Authority. The cabinet, after reviewing all eligible applications, shall submit the projects recommended for funding in priority order to the Kentucky Infrastructure Authority with all application information attached. (19 Ky.R. 2538; Am. 20 Ky.R. 72; eff. 6-23-1993; TAm eff. 8-9-2007; TAm eff. 7-8-2016; TAm eff. 12-21-2016.)