401 KAR 49:100. Waste Tire Trust Fund Grant Program.

 

      RELATES

TO: KRS 224.43, 224.50

      STATUTORY

AUTHORITY: KRS 224.10-100, 224.50-820, 224.50-834

      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, 14 Reilly Road, Frankfort, Kentucky, 40601, during the normal

working hours of 8 a.m. through 4:30 p.m., Monday through Friday. 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, 14 Reilly Road, Frankfort, Kentucky, 40601,

during the normal working hours of 8 a.m. to 4:30 p.m., Monday through Friday.

      (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. (19 Ky.R.

1247; Am. 1580; 2029; eff. 3-12-93; recodified from 401 KAR 49:230, 11-8-96;

recodified from 401 KAR 49:070, 7-13-15.)