603 KAR 3:051.
RELATES TO: KRS
AUTHORITY: KRS 177.935
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.
Definitions. (1) "Automobile, vehicle or machinery recycler" shall
have the same meaning as KRS 177.905(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
"Operator or operators" shall have the same meaning as KRS
"Person" shall have the same meaning as KRS 177.905(6).
"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.
"Road" shall have the same meaning as KRS 177.905(1).
"Business" shall have the same meaning as KRS 177.905(3).
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.
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.
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
(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.
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.
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.
for screening shall present an attractive appearance. No wrinkled or bent metal
shall be accepted.
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
(5) Unless a
continuous overall neat design is created, all metal or wood panels shall be
(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.
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
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
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.
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.
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:
shall be issued for a two (2) year period, or portion thereof, beginning on
July 1 of even numbered years.
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)
(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.
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.
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.
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.)