401 KAR 49:100. Waste Tire Trust Fund Grant Program.
TO: KRS 224.43, 224.50
AUTHORITY: KRS 224.10-100, 224.50-820, 224.50-834
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.
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.
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
The applicant shall have an approved area solid waste management plan or be a
part of an approved area solid waste management plan.
The application shall be properly completed and accurate.
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.
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.
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
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.
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.
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
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:
Addresses a significant environmental hazard;
Assists owners of less than 500 waste tires with the cost of removal;
Promotes reuse and recycling efforts of waste tires or waste tire materials;
Complies with the goals and objectives of KRS 224.50-824 through 224.50-832;
Efficiently serves the area geographically and by population;
Is consistent with the objectives of the approved area solid waste management
Is needed within the proposed service area;
Complies with the implementation schedule set forth in the area solid waste
Is a regional project; and
Is financially viable. The financial review shall consider, but not be limited
to the following:
Validity of the assumptions used to project any revenues pledged to the
Assurance that revenues pledged to the project will be collected;
Security of all other sources proposed to fund the project costs; and
Reasonableness of the projections for operation and maintenance cost of the
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
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.
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.
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.
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
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.
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.)