401 Kar 49:210. Solid Waste Revolving Fund

Link to law: http://www.lrc.ky.gov/kar/401/049/210.htm
Published: 2015

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      401 KAR 49:210.

Solid Waste Revolving Fund.



Chapters 224, 224A




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



      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:


"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.


"Application" shall mean an application submitted to the cabinet for

a loan from the Solid Waste Revolving Fund.


"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


      (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


      (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



      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.)