KRS § 433.900 — KY Code / Title XL / Chapter 433 / Section 433.900
433.900 Definitions for KRS 433.900 to 433.906
Status: in_force

433.900 Definitions for KRS 433.900 to 433.906.

As used in KRS 433.900 to 433.906, unless the context otherwise requires:

(1) "Applicant" means a secondary metals recycler seeking an application for a

certificate of registration with the Department of Professional Licensing of the

Public Protection Cabinet, as provided in KRS 433.902. If the secondary

metals recycler is owned by a corporation, limited liability company,

partnership, limited partnership, incorporated association, or any other entity

organized for the purpose of engaging in business as a secondary metals

recycler, "applicant" means the officers of these entities;

(2) "Ferrous metals" means any metal containing significant quantities of iron or

steel;

(3) "Nonferrous metals" means metal not containing significant quantities of iron,

including but not limited to copper, brass, aluminum, bronze, lead, zinc, nickel,

and alloys thereof;

(4) "Name-based background check" means a statewide search of the centralized

criminal history record information system by the Department of Kentucky State

Police, utilizing the name, date of birth, and Social Security number of the

applicant;

(5) "Restricted metals" means any of the following metal items:

(a) Manhole covers;

(b) Electric light poles or other utility poles;

(c) Guardrails;

(d) Street signs, traffic signs, or traffic signals;

(e) Whole road tiles;

(f) Funeral markers or funeral vases;

(g) Railroad equipment, including but not limited to a tie plate, signal house,

control box, switch plate, e-clip, or rail tie junction;

(h) Condensing or evaporating coils made from copper, aluminum, or

aluminum-copper, including the tubing or rods from a heating or air

conditioning unit that is not from a window air conditioning unit or

automobile air conditioning unit;

(i) Stainless steel beer kegs;

(j) A catalytic converter or any nonferrous part of a catalytic converter unless

purchased as part of a vehicle; or

(k) Storm drain covers; and

(6) (a) "Secondary metals recycler" means:

1. Any person who is engaged in the business of gathering or

obtaining ferrous or nonferrous metals that have served their original

economic purpose or is in the business of performing the

manufacturing process by which ferrous metals or nonferrous metals

are converted into raw material products consisting of prepared

grades and having an existing or potential monetary value;

2. Any person who has facilities for performing the manufacturing

process by which ferrous metals or nonferrous metals are converted

into raw material products consisting of prepared grades and having

an existing or potential monetary value, other than by the exclusive

use of hand tools, by methods including but not limited to

processing, sorting, cutting, classifying, cleaning, baling, wrapping,

shredding, shearing, or changing the physical form or chemical

content thereof; or

3. Any recycler, dealer in junk or metals, dealer in secondhand articles,

vendor of bottles or rags, or collector of or dealer in articles found in

ashes, garbage, or other refuse, whether a dealer, collector, or

vendor operates an established place of business or an itinerant

business.

(b) "Secondary metals recycler" shall not include a municipal solid waste

department or any entity which has been issued a municipal solid waste

transporter license by the Kentucky Transportation Cabinet and which

gathers or obtains ferrous or nonferrous metals in a vehicle registered in

Kentucky to transport solid waste.