Kentucky Statutes 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
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(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.
2022-2024 Budget Reference. See State/Executive Branch Budget, 2022 Ky. Acts ch.
199, Pt. I, D, 5, (1) at 1663.
2022-2024 Budget Reference. See Transportation Cabinet Budget, 2022 Ky. Acts ch.
214, Pt. I, A, 4, (4) at 2018.
2022-2024 Budget Reference. See State/Executive Branch Budget, 2022 Ky. Acts ch.
199, Pt. V, A, 1 at 1757.
(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:
Terms Used In Kentucky Statutes 224.43-505
- Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
- area: means any geographical area established or designated by the cabinet in accordance with the provisions of this chapter. See Kentucky Statutes 224.1-010
- branch budget: means an enactment by the General Assembly which provides appropriations and establishes fiscal policies and conditions for the biennial financial plan for the judicial branch, the legislative branch, and the executive branch, which shall include a separate budget bill for the Transportation Cabinet. See Kentucky Statutes 446.010
- Cabinet: means the Energy and Environment Cabinet. See Kentucky Statutes 224.1-010
- City: includes town. See Kentucky Statutes 446.010
- Closure: means the time at which a waste treatment, storage, or disposal facility permanently ceases to accept wastes, and includes those actions taken by the owner or operator of the facility to prepare the site for post-closure monitoring and maintenance or to make it suitable for other uses. See Kentucky Statutes 224.1-010
- Disposal: means the discharge, deposit, injection, dumping, spilling, leaking, or placing of any waste into or on any land or water so that such waste or any constituent thereof may enter the environment or be emitted into the air or discharged into any waters, including ground waters. See Kentucky Statutes 224.1-010
- District: means an air pollution control district as provided for in KRS Chapter 77. See Kentucky Statutes 224.1-010
- Federal: refers to the United States. See Kentucky Statutes 446.010
- Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
- Hazardous waste: means any discarded material or material intended to be discarded or substance or combination of such substances intended to be discarded, in any form which because of its quantity, concentration or physical, chemical or infectious characteristics may cause, or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness or pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, or disposed of, or otherwise managed. See Kentucky Statutes 224.1-010
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Municipal solid waste: means household solid waste and commercial solid waste. See Kentucky Statutes 224.1-010
- Recycling: means any process by which materials which would otherwise become solid waste are collected, separated, or processed and reused or returned to use in the form of raw materials or products, including refuse-derived fuel when processed in accordance with administrative regulations established by the cabinet, but does not include the incineration or combustion of materials for the recovery of energy. See Kentucky Statutes 224.1-010
- Solid waste management: means the administration of solid waste activities: collection, storage, transportation, transfer, processing, treatment, and disposal, which shall be in accordance with a cabinet-approved county or multicounty solid waste management plan. See Kentucky Statutes 224.1-010
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
- Transportation: means any off-site movement of waste by any mode, and any loading, unloading, or storage incidental thereto. See Kentucky Statutes 224.1-010
- Waste: means :
(a) "Solid waste" means any garbage, refuse, sludge, and other discarded material, including solid, liquid, semi-solid, or contained gaseous material resulting from industrial, commercial, mining (excluding coal mining wastes, coal mining by-products, refuse, and overburden), agricultural operations, and from community activities, but does not include those materials including, but not limited to, sand, soil, rock, gravel, or bridge debris extracted as part of a public road construction project funded wholly or in part with state funds, recovered material, post-use polymers or recovered feedstocks, tire-derived fuel, special wastes as designated by KRS §. See Kentucky Statutes 224.1-010 - Year: means calendar year. See Kentucky Statutes 446.010
(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.
2022-2024 Budget Reference. See State/Executive Branch Budget, 2022 Ky. Acts ch.
199, Pt. I, D, 5, (1) at 1663.
2022-2024 Budget Reference. See Transportation Cabinet Budget, 2022 Ky. Acts ch.
214, Pt. I, A, 4, (4) at 2018.
2022-2024 Budget Reference. See State/Executive Branch Budget, 2022 Ky. Acts ch.
199, Pt. V, A, 1 at 1757.