Kentucky Statutes 224.50-878 – Grant for project that manages tires — Application — Prioritization — Revocation
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(1) If money in the waste tire trust fund established by KRS § 224.50-880 is not otherwise obligated, the cabinet may award a grant to a person for a project that will manage waste tires in accordance with the purposes of the waste tire program as appropriate to protect human health, safety, and the environment, or to develop markets for waste tires.
(2) An applicant for a grant shall meet the following criteria:
(a) Have the legal authority to construct and operate the project;
(b) Have the ability to construct and operate the project in compliance with this chapter and the grant conditions; and
(c) The applicant and the persons who will be managing the project shall not have received a final judgment or conviction of a state or federal environmental statute or regulation in the five (5) years before submitting the application and shall not have any outstanding violations of state or federal environmental statutes or regulations.
(3) The cabinet shall prioritize the applications based on the following factors: (a) The project’s consistency with the purposes of the waste tire program; (b) The project’s costs and forecasted benefits;
(c) The applicant’s credit history; and
(d) The applicant’s and key personnel‘s environmental compliance record. (4) A person awarded a grant shall:
(a) Construct and operate the project in compliance with this chapter and the grant conditions;
(b) Remain responsible for complying with this chapter and the grant conditions, even if the project is managed by someone else;
(c) Retain ownership of all real and personal property purchased with grant funds unless the cabinet approves their transfer;
(d) Submit to the cabinet monthly an itemized list of expenditures, with copies of invoices or similar documentation;
(e) Submit to the cabinet periodic progress reports; and
(f) Not change the project without the cabinet’s approval.
(5) The cabinet may revoke a grant and seek recovery of any grant funds dispersed if the person awarded the grant does not comply with this chapter or the grant conditions.
Effective: July 15, 1998
History: Created 1998 Ky. Acts ch. 529, sec. 15, effective July 15, 1998.
(2) An applicant for a grant shall meet the following criteria:
Terms Used In Kentucky Statutes 224.50-878
- Cabinet: means the Energy and Environment Cabinet. See Kentucky Statutes 224.1-010
- Conviction: A judgement of guilt against a criminal defendant.
- Federal: refers to the United States. See Kentucky Statutes 446.010
- Key personnel: means an officer, partner, director, manager, or shareholder of five percent (5%) or more of stock or financial interest in a corporation, partnership, or association or parent, subsidiary, or affiliate corporation and its officers, directors, or shareholders of five percent (5%) or more of stock or financial interest. See Kentucky Statutes 224.1-010
- Personal property: All property that is not real property.
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
- Statute: A law passed by a legislature.
- 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
(a) Have the legal authority to construct and operate the project;
(b) Have the ability to construct and operate the project in compliance with this chapter and the grant conditions; and
(c) The applicant and the persons who will be managing the project shall not have received a final judgment or conviction of a state or federal environmental statute or regulation in the five (5) years before submitting the application and shall not have any outstanding violations of state or federal environmental statutes or regulations.
(3) The cabinet shall prioritize the applications based on the following factors: (a) The project’s consistency with the purposes of the waste tire program; (b) The project’s costs and forecasted benefits;
(c) The applicant’s credit history; and
(d) The applicant’s and key personnel‘s environmental compliance record. (4) A person awarded a grant shall:
(a) Construct and operate the project in compliance with this chapter and the grant conditions;
(b) Remain responsible for complying with this chapter and the grant conditions, even if the project is managed by someone else;
(c) Retain ownership of all real and personal property purchased with grant funds unless the cabinet approves their transfer;
(d) Submit to the cabinet monthly an itemized list of expenditures, with copies of invoices or similar documentation;
(e) Submit to the cabinet periodic progress reports; and
(f) Not change the project without the cabinet’s approval.
(5) The cabinet may revoke a grant and seek recovery of any grant funds dispersed if the person awarded the grant does not comply with this chapter or the grant conditions.
Effective: July 15, 1998
History: Created 1998 Ky. Acts ch. 529, sec. 15, effective July 15, 1998.