Kentucky Administrative Regulations › Title 401 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR ENVIRONMENTAL PROTECTION › Chapter 49 - Solid Waste Planning › Section 401 KAR 49:100 - Waste Tire Trust Fund Grant Program

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 224.43, 224.50
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS 224.50-820
				establishes the waste tire trust fund to be used for programs to eliminate
				existing and prevent future accumulations of waste tire piles.
				KRS 224.50-828 allows
				the cabinet to enter into agreements for the removal of existing waste tire
				piles, or for the removal of waste tires collected by the local government
				through a local community sponsored program.
				KRS
				224.43-340 requires each county to be
				responsible for implementing the solid waste management plan which is required
				to include an inventory and description of all existing solid waste management
				facilities and activities, and identification and assessment of current and
				future solid waste management problems faced by the area. For this reason,
				grants should be awarded to the cities, counties, or urban-county governments
				to be used to implement a waste tire removal and control program pursuant to
				KRS 224.50-824 and
				224.50-828. Pursuant to
				KRS
				224.43-010, it is the policy of the cabinet
				to encourage a regional approach to solid waste management. This administrative
				regulation establishes eligibility requirements, application requirements, and
				prioritization criteria to be used by the cabinet to administer this
				Program.
Section 1. General
			 Eligibility Requirements.
(1) Eligible
			 applicants for financial assistance from the Waste Tire Trust Fund Grant
			 Program shall be any city, county or urban-county government.
(2) The proposed project cost estimates shall
			 be reasonable and attainable given the geographic location of the project,
			 current pricing trends, required professional services, and any other factors
			 that may have a bearing on the project.
(3) The applicant shall have an approved area
			 solid waste management plan or be a part of an approved area solid waste
			 management plan.
(4) The
			 application shall be properly completed and accurate.
(5) If the project is to be performed by
			 someone other than the applicant, that person shall not have been convicted by
			 final judgement of any felony within five (5) years preceding the filing of the
			 application; or been adjudged by an administrative agency or a court to have
			 violated the environmental protection laws or administrative regulations of the
			 United States, the Commonwealth, or any other state, and the cabinet determines
			 that the conviction or adjudication is sufficiently probative of the
			 applicant's inability or unwillingness to operate the facility in a lawful
			 manner. The applicant shall be responsible for assuring compliance with KRS
			 Chapter 335B, regarding the public employment qualifications of the person
			 performing the project.
(6)
(a) No more than seventy-five (75) percent of
			 the cost of a project may be funded by a grant from the waste tire trust
			 fund.
(b) Each applicant shall
			 provide other funding equal to at least twenty-five (25) percent of the cost of
			 a project which may consist of a local contribution, funds derived from grants
			 or loans from other sources, or in-kind services, if the value of such services
			 or property can be documented to the cabinet's satisfaction.