Current through Register Vol. 50, No. 9, March 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.
Section 2. Application
Submission Requirements and Review Process.
(1) The application form, DEP 0043, entitled
"Waste Tire Trust Fund Application for Grant Assistance" (October 1992) and its
requirements are hereby incorporated by reference. Application forms may be
obtained from the Division of Waste Management, 300 Sower Boulevard, Frankfort,
Kentucky, 40601, during the normal working hours of 8 a.m. through 4:30 p.m.,
Monday through Friday, or from the Web site at
eec.ky.gov/environmental-protection/waste. The applicant shall submit the
original and three (3) copies of the completed application form to the Division
of Waste Management.
(2)
(a) The cabinet shall review and prioritize
applications in cycles. The first application cycle shall begin on May 1, 1993.
The cabinet shall accept applications from May 1, 1993 through COB on June 30,
1993, at which time all applications received during this period shall be
reviewed and prioritized. Subsequent application cycles shall be annual,
beginning on August 1 and ending COB August 31, in each year that the balance
in the waste tire trust fund on June 30 exceeds $335,000.
(b) The initial and subsequent cycles shall
be advertised in public notice, which shall be published pursuant to
KRS
424.130 in major newspapers with statewide
circulation and distributed to all county judge executives and mayors of first
and second class cities, as well as any other parties that have notified the
division of an interest in submitting an application. The public notice for the
initial cycle shall be published no earlier than April 10, 1993 and no later
than April 24, 1993. For years in which subsequent cycles will be held, the
public notice shall be published no earlier than July 11 and no later than July
25.
Section 3.
Criteria for Prioritizing Project Applications.
(1) The cabinet shall prioritize all
acceptable applications received for each application cycle using a scoring
system which measures the degree to which the proposed project:
(a) Addresses a significant environmental
hazard;
(b) Assists owners of less
than 500 waste tires with the cost of removal;
(c) Promotes reuse and recycling efforts of
waste tires or waste tire materials;
(d) Complies with the goals and objectives of
KRS 224.50-824 through
224.50-832;
(e) Efficiently serves the area
geographically and by population;
(f) Is consistent with the objectives of the
approved area solid waste management plan;
(g) Is needed within the proposed service
area;
(h) Complies with the
implementation schedule set forth in the area solid waste management
plan;
(i) Is a regional project;
and
(j) Is financially viable. The
financial review shall consider, but not be limited to the following:
1. Validity of the assumptions used to
project any revenues pledged to the project;
2. Assurance that revenues pledged to the
project will be collected;
3.
Security of all other sources proposed to fund the project costs; and
4. Reasonableness of the projections for
operation and maintenance cost of the project.
(2) Projects that are proposed with the
greatest percentage of matching funds shall receive a higher priority after the
review of criteria in subsection (1) of this section.
Section 4. Conditions for Assistance from the
Waste Tire Trust Fund.
(1) The applicant shall
execute a grant agreement with the cabinet that sets forth the terms and
conditions for completion of the project and actions thereafter. The grant
agreement shall include a pledge by the grant recipient to use revenues
generated by the project to further the project or to support other activities
consistent with the approved area solid waste management plan. No monies shall
be released to the applicant until the grant agreement is executed.
(2) All recipients of grants from the waste
tire trust fund shall submit quarterly reports to the cabinet using the form
DEP 0043A entitled, "Waste Tire Trust Fund Grant Report" (October 1992). The
form 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 working hours of 8 a.m. to 4:30
p.m., Monday through Friday, or from the Web site at
eec.ky.gov/environmental-protection/waste.
(3) The applicant shall be responsible for
the continued operation and maintenance of any facility or other project funded
by the cabinet if applicable. If the project is to be operated, maintained, or
managed by a third party under contract, management agreement, or written
lease, the applicant shall continue to be responsible for compliance with the
requirements of this section.
(4)
Upon determination of the actual bid cost of a project, the funding awarded by
the cabinet may be increased by up to five (5) percent of the original funding
commitment.
(5) Funds shall be
released to the applicant on a monthly basis for actual project costs incurred.
An itemized list of expenditures with copies of invoices or other supporting
documentation shall be submitted to the cabinet for payment.
(6) The applicant, upon completion of the
project funded by the waste tire trust fund, shall comply with KRS Chapters 109
and 224 and all administrative regulations pertaining to solid waste
management.
(7) If applicable, the
applicant shall retain ownership of the facilities and equipment financed by
the waste tire trust fund during the useful life of the facility.
STATUTORY AUTHORITY:
KRS
224.10-100,
224.50-820,
224.50-834