There is a newer version of the Kentucky Revised Statutes
2009 Kentucky Revised Statutes
Subchapter 43 Solid Waste
224.43.505 Kentucky pride fund -- Distribution -- Grants to eliminate illegal open dumps -- Recycling and household hazardous waste grants program. --Incentives and rewards -- Implementation costs.
Download pdfIncentives and rewards -- Implementation costs. (1) A trust fund known as the Kentucky pride fund is hereby established in the State Treasury to receive money collected from environmental remediation fees
established in KRS 224.43-500. The fund shall be used to accomplish the purposes
established in this section. Any money accruing to the fund in any fiscal year shall
not lapse but shall be carried forward to the next fiscal year. The fund may also
receive state appropriations, gifts, grants, and federal funds. All interest earned on
money in the fund shall be credited to the fund. (2) The cabinet shall administer the Kentucky pride fund as provided by this section and any administrative regulations promulgated pursuant thereto. Money from the
fund received by the cabinet shall be distributed as follows:
(a) Five million dollars ($5,000,000) of the money deposited into the fund each year shall be retained by the cabinet, subject to the following conditions:
1. The cabinet may use up to two and one-half million dollars ($2,500,000)
of the money deposited into the fund as necessary for direct costs
associated with site identification, characterization, and corrective action
assessments of solid waste disposal sites and facilities that have ceased
accepting waste before July 1, 1992, including former permitted
municipal solid waste disposal facilities or abandoned solid waste
disposal sites or facilities. The cabinet shall prioritize the sites and
facilities based on risks to human health, safety, and the environment,
and develop an implementation plan for closure and remediation of
those sites and facilities. Funds may be utilized to begin design and
implementation of proper closure and corrective action for those sites
and facilities with unabated pending violations. 2. The cabinet shall suspend until July, 2006, enforcement activity
regarding landfill closure and remediation obligations against formerly
permitted municipal solid waste disposal facilities owned by a city or
county that ceased accepting waste prior to July 1, 1992, except as
necessary to abate an environmental emergency. 3. Two and one-half million dollars ($2,500,000) per year shall be used to
pay debt service on bonds sold by the Kentucky Infrastructure Authority
in the amount of at least twenty-five million dollars ($25,000,000), the
proceeds from which were deposited into the Kentucky pride fund
established in this section and utilized for undertaking closure and
corrective action at formerly permitted solid waste disposal facilities or
abandoned solid waste sites or facilities that ceased accepting waste
prior to July 1, 1992, which pose the most significant environmental or
human health risk. Moneys not appropriated for the identification and
characterization of orphaned or abandoned landfills, or debt service, may
be used for the elimination of illegal open dumps, direct costs associated with the closure of orphaned landfills, recycling grants, household
hazardous waste grants, or additional debt service. (b) The interest on all moneys deposited into the fund, including unused debt services, shall be distributed annually in an amount not to exceed one million
dollars ($1,000,000) to the Kentucky Environmental Education Council for
implementation of the environmental education center component of the
Environmental Education Master Plan. (c) The remaining balance of the funds from the environmental remediation fee established in KRS 224.43-500, plus any unspent interest revenues, shall be
utilized by the cabinet for grants to counties for the elimination of illegal open
dumps and to establish a recycling and household hazardous waste grants
program. Any county, waste management district, city, urban-county
government, or other political subdivision of the state shall be eligible to
apply for recycling and household hazardous waste grants under this program. (d) Two and one-half million dollars ($2,500,000) shall be transferred in each of the fiscal years 2002-03 and 2003-04 and annually thereafter from the road
fund established in KRS 48.010(15)(g) and two and one-half million dollars
($2,500,000) shall be transferred in each of the fiscal years 2002-03 and 2003-
04 and annually thereafter from the highway construction contingency fund to
the Kentucky pride fund established in this section, to be reserved and
distributed annually for anti-litter control programs with distributions to be
made as follows:
1. Thirty-three and one-third percent (33-1/3%) of the money shall be
distributed annually based on each county's miles of public roads as a
percentage of the total miles of public roads in the Commonwealth at the
time of distribution; 2. Thirty-three and one-third percent (33-1/3%) of the money shall be
distributed annually based on the county's rural population as a
percentage of the total rural population of the Commonwealth at the
time of distribution. "Rural population" means the population residing
outside a city, town, or urban area with a population of two thousand
five hundred (2,500) persons or more; 3. Thirty-three and one-third percent (33-1/3%) of the money shall be
distributed annually based on the county's population as a percentage of
the total population of the Commonwealth at the time of distribution; 4. Of the moneys apportioned to counties on the basis of miles of public
roads and population as provided for in subparagraphs 1. and 3. of this
paragraph, the cabinet shall provide to the participating incorporated
cities within the jurisdiction of each respective county which, by
ordinance or other means, provides municipal solid waste collection
service, an amount of funds equal to the ratio of that city's total miles of
public roads in the county and the ratio of that city's population to the
population of the county, to be used for the purpose of litter cleanup on
public roads within city boundaries; 5. Moneys received by counties and cities pursuant to this paragraph shall
be applied for by November 1 of the year preceding the grant
distribution and shall be used to meet obligations with respect to the
litter cleanup of public roads required by the provisions of KRS 224.43-
345; and 6. Litter abatement funding rejected or otherwise returned from the grant
recipients shall be applied to the following year's allotment for litter
abatement grants. (3) Any county may apply for a grant for the elimination of illegal open dumps subject to the following provisions:
(a) The cabinet first shall prioritize expenditures from this fund among those counties with approved solid waste management plans in order to address
those illegal open dumps posing the most significant public health and
environmental risks; and (b) The cabinet shall provide grants to counties for eliminating illegal open dumps. To be eligible for grant funding, the applicant shall:
1. Establish an effective universal municipal solid waste collection service
that is available to all county residences and businesses; 2. Employ a solid waste coordinator with enforcement powers; 3. Remain in compliance with an approved solid waste management plan
under this chapter; 4. Enter into agreement with the cabinet to provide a twenty-five percent
(25%) match which may be in kind to the grant amount and comply with
the grant criteria, except that the grant match may be waived for illegal
dump cleanups projected to cost more than fifty thousand dollars
($50,000); 5. Agree to use all legal methods at their disposal to collect delinquent
solid waste collection fees; and 6. Establish a committee to be designated as the clean county committee,
composed of representatives from business, schools, agriculture,
homemakers, and other concerned citizens, to increase awareness and
develop education and enforcement strategies to keep the county free of
litter and illegal open dumps. (4) The cabinet shall impose the following requirements for recycling and household hazardous waste management grants to counties, waste management districts, cities,
urban-county governments, or other political subdivisions of the state:
(a) Each grantee shall provide a twenty-five percent (25%) match to the grant amount which may be in kind and shall comply with the grant criteria; (b) Each grantee shall demonstrate that the proposed project will remain financially viable after grant funds have been expended; (c) The grantee shall demonstrate that the service added by the project is needed and would otherwise be unavailable within the proposed service area; and (d) Projects that create opportunities for regional recycling or regional household hazardous waste management shall be given priority. (5) Counties that meet the requirements set out above in subsection (3) of this section shall be provided the following incentives and rewards by the cabinet:
(a) Extra points when applying for Land and Water Conservation Fund grants, National Recreation Trails Funds grants, and funding from the state-funded
Community Rivers and Streams Program; and (b) Priority consideration for funds from the Division of Conservation State Cost Share Program for dumps on farmland and the Waste Tire Trust Fund for tire
dumps. (6) The cabinet shall be reimbursed for reasonable costs related to the implementation of the provisions of this section, not to exceed seven hundred fifty thousand dollars
($750,000) annually. Effective: June 25, 2009
History: Amended 2009 Ky. Acts ch. 78, sec. 41, effective June 25, 2009. -- Amended 2006 Ky. Acts ch. 21, sec. 2, effective July 12, 2006. -- Created 2002 Ky. Acts
ch. 342, sec. 3, effective July 15, 2002.
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