Kentucky Administrative Regulations › Title 401 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR ENVIRONMENTAL PROTECTION › Chapter 49 - Solid Waste Planning › Section 401 KAR 49:080 - Solid waste grant funds and solid waste collector and recycler registration

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				224.1-010(20),
				224.10-420,
				224.10-440,
				224.43-310,
				224.43-315,
				224.43-345,
				224.43-505,
				224.50-878
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 established 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) "Direct expenses":
(a) Means:
1. For litter abatement 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; or
2. 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; and
(b) Does not
			 mean the purchase of a motor vehicle or lease of a motor vehicle if 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
			 401 KAR
			 30:031.
(4) "Litter abatement program" means an
			 anti-litter control program funded by grants pursuant to
			 KRS
			 224.43-505(2).
(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":
(a) Means:
1. A person who operates a business for the
			 purpose of recycling recovered material, as defined by
			 KRS
			 224.1-010(20), collected or
			 diverted from the municipal solid waste stream; and
2. Does not mean 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 by
			 KRS
			 224.1-010(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.