401 KAR 49:210.
Solid Waste Revolving Fund.
RELATES TO: KRS
Chapters 224, 224A
STATUTORY
AUTHORITY: KRS 224A.270
NECESSITY,
FUNCTION, AND CONFORMITY: KRS Chapter 224A establishes a Solid Waste Revolving
Fund that provides financial assistance to governmental agencies for the
construction or acquisition of certain solid waste projects. KRS 224A.270
directs the Environmental and Public Protection Cabinet to adopt administrative
regulations establishing eligibility criteria and criteria for prioritization.
This administrative regulation establishes definitions, eligibility requirements,
application requirements, and prioritization criteria to be used by the Environmental
and Public Protection Cabinet in fulfilling its role in administration of this
program.
Section 1.
Definitions. For the purposes of this administrative regulation, the words and
terms shall have the same meaning as in KRS 224.01-010 and 224A.011, with the
following additions:
(1)
"Applicant" shall mean an agency of the state or its political subdivisions,
a city, or a special district created under the laws of the state, acting
individually or jointly under interagency or interlocal cooperative agreement,
that has submitted an application.
(2)
"Application" shall mean an application submitted to the cabinet for
a loan from the Solid Waste Revolving Fund.
(3)
"Eligible project" shall mean the capital expenses, including
equipment purchases, that are part of the construction, renovation, or
acquisition of a solid waste management facility, which could include, but is
not limited to, a landfill, transfer station, convenience center, incinerator,
landfarm facility, recycling facility or composting facility.
(4) "Solid
Waste Revolving Fund" shall mean the Solid Waste Revolving Fund established
by KRS 224A.270.
Section 2.
General Eligibility Requirements and Conditions to Financial Assistance. (1)
Applications shall be submitted only by applicants for eligible projects.
(2) Each
applicant shall have the legal authority to construct or acquire, operate, and
maintain the project for which financial assistance is sought from the Solid
Waste Revolving Fund.
(3) The
applicant shall participate in or implement a universal collection program for
all municipal solid waste.
(4) The
applicant shall have access to a permitted solid waste disposal facility.
(5) The
applicant shall have a solid waste management plan approved by the cabinet or
be part of an area that has a solid waste management plan approved by the
cabinet.
(6) Applicants
shall meet eligibility requirements of the state clearinghouse process set
forth in KRS 45.031 and shall submit to the clearinghouse all appropriate
documentation.
(7) The
applicant shall have an existing or proposed system for collection of a service
fee, dedicated tax, or appropriation, which shall be used to support the funded
project.
Section 3.
Application Submission and Review. (1) The application form, DEP Form 7096,
entitled "Solid Waste Revolving Fund: Application for Loan" (March
1993) 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 work hours of 8 a.m. to 4:30 p.m., Monday
through Friday. The applicant shall submit the original and three (3) copies of
the completed application to the Division of Waste Management.
(2) The cabinet
shall review applications upon submission to determine the degree to which the
proposed project meets the criteria for eligibility and prioritization set
forth in KRS 224A.270(7) and Section 2 of this administrative regulation.
Section 4.
Submission to the Kentucky Infrastructure Authority. The cabinet, after
reviewing all eligible applications, shall submit the projects recommended for
funding in priority order to the Kentucky Infrastructure Authority with all
application information attached. (19 Ky.R. 2538; Am. 20 Ky.R. 72; eff. 6-23-1993;
TAm eff. 8-9-2007.)
