(A) Recycling facility license application.
(1) An applicant for a license to operate a recycling facility shall apply to the Department, at its designated address.
(2) The following information shall be provided in or with the application:
(a) Name in which license is sought;
(b) Business address, including street address, and zip code;
(c) Telephone number;
(d) Name of a natural person who is either the applicant, or an officer of the applicant, position of this person, either the Social Security number or a complete set of fingerprints of this person and home address of this person;
(e) The location(s) of the facility sought to be licensed;
(f) The type of permit issued by the Cabinet for the facility sought to be licensed, the Kentucky Division of Waste Management permit number and the date said permit was issued or renewed;
(g) A statement that the applicant does now have, or is in the process of obtaining, comprehensive general liability insurance, for all locations of said facility;
(h) A statement of whether the applicant or any corporate officer or principal stockholder thereof has ever been convicted of a felony; and
(i) If the applicant is a Kentucky corporation, a copy of the corporation's certificate of good standing from the Kentucky Secretary of State, or if a foreign corporation, a certificate to do business in Kentucky from the Kentucky Secretary of State, shall be submitted with the application. These certificates shall not be more than 30 days old at the time the application is submitted. All corporations, whether foreign or domestic, shall submit a list of persons who own 10% or more of the corporation's outstanding stock.
(j) If the applicant is doing business under an assumed name, it shall provide proof with the application that the assumed name has been registered with the appropriate county clerk's office.
(k) If the application is for a new facility, applicant shall provide a description of the owner/operator's prior experience in the ownership and operation of a recycling facility, wherever situated. The description shall include a record of compliance with federal, state and local laws and regulations applicable to the operation of a recycling facility and, with respect to the owner/operator, such description shall disclose:
1. Any administrative, criminal, civil action pending against it, him or her, alleging a violation of any federal, state or local law or regulation concerning a recycling facility, the protection of public health and safety or the environment;
2. For the five-year period immediately preceding the date of filing of the application, whether the owner/operator has been convicted of a crime, entered a plea of guilty, a plea of nolo contendere or such other plea of no contest to a felony or misdemeanor charge, been held liable in a civil or administrative action, or agreed to the payment of any civil penalties or monies as a part of the final disposition of any civil, administrative or criminal proceeding involving the violation of any federal, state or local law or regulation applicable to the management of a recycling facility and the protection of public health and safety or the environment.
(3) The official signing on behalf of the applicant shall:
(a) Be sworn;
(b) State that he or she has the authority to represent the applicant;
(c) State that the information is true and correct to the best of his or her knowledge and belief; and
(d) Have his or her signature and oath notarized.
(B) Recycling facility license fee. The license fee for operating a recycling facility shall be $100 per year. The annual renewal fee shall be due and payable on or before July 31 of each year.
(C) Required reporting.
(1) The licensee shall file a quarter-annual report with the Department, which shall be on a form supplied by the Department that shall include the following information:
(a) The name, business address and federal tax identification number of the business;
(b) The address and type of facility for which the report is made;
(c) Copy of the Quarterly Registered Permit-by-Rule Recycling Waste Quantity Report (DEP 7081) that is filed with the Kentucky Division of Waste Management;
(d) Copies of any Kentucky Division of Waste Management Notice of Violation for Non-Compliance for said facility received during the reporting period.
(2) The quarter-annual reports shall be signed by an official of the licensee who has the authority to represent the licensee and who shall attest, under penalties of perjury, that the information contained in the report is true, correct and complete to the best of the official's knowledge and belief.
(Lou. Metro Ord. No. 44-2005, approved 4-19-2005)