Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO: KRS 177.905-177.950
NECESSITY, FUNCTION, AND CONFORMITY:
KRS 177.935
authorizes the Department of Highways to exercise general supervision of the
administration and enforcement of
KRS
177.905 to
177.950. This
administrative regulation pertaining to the operation of automobile, vehicle,
machinery or material recycling establishments has been adopted to enable the
Transportation Cabinet's Department of Highways to administer and enforce the
recycler program requirements.
Section
1. Definitions.
(1) "Automobile,
vehicle or machinery recycler" shall have the same meaning as
KRS
177.905(2).
(2) "Material recycler" shall have the same
meaning as
KRS
177.905(4) except any
containers, such as trash dumpsters, which are maintained, operated or used for
storing or keeping garbage, trash and other waste material are
excluded.
(3) "Operator or
operators" shall have the same meaning as
KRS
177.905(5).
(4) "Person" shall have the same meaning as
KRS
177.905(6).
(5) "Recycling establishment" or "place of
business" means any place operated, maintained or allowed to exist by any
automobile, vehicle or machinery recycler or any material recycler.
(6) "Road" shall have the same meaning as
KRS
177.905(1).
(7) "Business" shall have the same meaning as
KRS
177.905(3).
Section 2. General Provisions.
(1) No junked, wrecked or inoperable
automobiles, vehicles, machinery or material scrap or parts shall be placed,
deposited or otherwise located on the right-of-way of any road.
(2) Every recycling establishment or place of
business shall be completely hidden from view of the traveling motorist, for
1,000 feet in each direction from the outer limits of the premises or storage
area, and to a depth of 1,000 feet from the right-of-way line, along all
roads.
(3) Any recycling
establishment or place of business required by
KRS
177.910 to obtain a permit which cannot as a
practical matter be screened from view of the traveling motorist on all roads
shall not be issued a permit and shall be removed.
(4) If an operator begins a recycling
establishment or place of business in a new location, the location shall be
screened to comply with provisions of this administrative regulation and the
operator shall have applied for and obtained a current permit prior to its
operation.
Section 3.
Measurements.
(1) In determining the 1,000
feet control distance from the right-of-way required by
KRS
177.910, the measurements shall be taken
horizontally along a line at the same elevation and at a right angle to the
center line of the highway.
(2) In
measuring the 1,000 feet from the outer limits of the premises or storage area,
in each direction, on all roads, two (2) lines shall be drawn perpendicular to
the center line of the main traveled way of the road, so as to cause the two
(2) lines to embrace the greatest longitude along the center line of the main
traveled way of the road.
Section
4. Standards for Screening.
(1)
Completed screening shall completely hide all junked, wrecked, or inoperable
automobiles, vehicles, machinery, and materials from view of the traveling
public on all roads on a year-round basis.
(2) Materials for screening shall present an
attractive appearance. No wrinkled or bent metal shall be accepted.
(3) The completed screening shall present a
neat and clean appearance.
(4) The
piecing together of metal or wood panels or other patchwork type screening
shall not be accepted.
(5) Unless a
continuous overall neat design is created, all metal or wood panels shall be
erected vertically.
(6) Fencing
used for screening shall be of uniform height and alignment unless a variation
is applied for and approved by the Department of Highways.
(7) Completed screening shall blend with the
surrounding area as much as possible.
(8) If fencing materials must be painted in
order to blend with the surrounding area, the colors and shades of buildings
and other structures in the area may be taken into account in determining the
color and shade to be used on such fencing materials.
(9) If a building or other structure is to be
used as a portion of the screening, the building or structure may be required
by the Department of Highways to be painted in order to blend with the other
portions of screening and the surrounding area.
(10) If screening is to be effected by the
use of plantings of trees or shrubs, the plantings to be used shall be of
sufficient height and density at planting to screen the recycling establishment
or place of business from view of the traveling motorists on a year-round basis
on all roads where control is exercised.
(11) Any operator of a recycling
establishment or place of business shall file with his application for a permit
a plat detailing the area to be used for the storing or keeping of recycling
material, automobiles, vehicles or machinery, the location, height, length,
kind of material to be used for screening and color of paint if
required.
(12) Approval of a
screening proposal shall be obtained from the Department of Highways prior to
the erection of fencing or the planting of trees or shrubs to effect the
screening required to hide the storage area from view of the traveling public.
Failure to obtain such approval in advance may result in the necessity of
removing and reerecting part or all screening in order to comply with standards
for screening as set forth in this section.
Section 5. Requirements for Permit and Fee.
(1) An application for a permit required by
KRS
177.910 for the operation of a recycling
establishment or place of business shall be made on forms prescribed and
furnished by the Department of Highways.
(2) The completed application form shall be
filed with the Highway District Office serving the county in which the proposed
business lies. Permits shall be issued in the following manner:
(a) Permits shall be issued for a two (2)
year period, or portion thereof, beginning on July 1 of even numbered
years.
(b) Any recycling
establishment or place of business existing or in operation on July 1 of an
even numbered year shall remit the full permit fee regardless of the date of
compliance with Kentucky law and administrative regulations.
(c) Any new recycling establishment or place
of business which comes into existence after July 1 of an even numbered year
shall remit a permit fee on a prorated basis based on the beginning date of the
operation regardless of the date of compliance with Kentucky law and
administrative regulations.
(d)
Even though the permit fee set by
KRS
177.920 is fifty (50) dollars for a two (2)
year period if a new business begins operation the permit fee shall be two (2)
dollars and eight (8) cents per month for each month remaining in the two (2)
year period.
(e) Permit fees paid
in the form of a check or money order shall be made payable to the "Treasurer,
Commonwealth of Kentucky."
(f)
Permit fees shall not be accepted by the Department of Highways until the
recycling establishment or place of business is in full compliance with
Kentucky law and administrative regulations at which time the applicant shall
be billed.
Section
6. Revocation of Permits.
(1)
Failure to comply with Kentucky law and administrative regulations shall be
cause for the revocation of a permit.
(2) If a recycling establishment or place of
business is found to not be in compliance, a reasonable time period may be
allowed for the operator to comply with Kentucky law and administrative
regulations.
Section 7.
Appeal of Permit Revocation.
(1) Any business
or person aggrieved by an action taken by the Department of Highways in
administering this administrative regulation or the referenced Kentucky Revised
Statutes may request a formal hearing. The request for the hearing shall be
filed in writing with the Commissioner, Department of Highways and shall set
forth the nature of the complaint and the grounds for the appeal.
(2) Within sixty (60) days of receipt of the
hearing request, the Department of Highways shall notify the complainant of the
date, time, and location of the hearing.
(3) At the time and place set for the
hearing, the complainant may present any evidence relevant to the disposition
of his complaint.
(4) Within thirty
(30) days after the hearing an order on the complaint shall be issued by the
Commissioner of the Department of Highways. A copy shall immediately be mailed
to the complainant.
STATUTORY AUTHORITY:
KRS
177.935