603 KAR 3:051.

Recyclers.

 

      RELATES TO: KRS

177.905-177.950

      STATUTORY

AUTHORITY: KRS 177.935

      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. (5 Ky.R. 565; rejected 12-6-78; Am. 6 Ky.R. 51; eff.

7-17-79; 11 Ky.R. 450; eff. 10-9-84; 15 Ky.R. 544; eff. 10-4-88.)