(A) Waste disposal facility other than a landfill license application.
(1) An applicant for a license to operate a waste disposal facility other than a landfill 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 waste disposal facility other than a landfill, wherever situated. The description shall include a record of compliance with federal, state and local laws and regulations applicable to the operation of a waste disposal facility other than a landfill 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 waste disposal facility, other than a landfill, 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 waste disposal facility other than a landfill 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) Waste disposal facility other than a landfill license fee.
(1) The license fee for operating a waste disposal facility other than a landfill shall be 2% per annum of gross receipts.
(2) The licensing fee shall be determined by multiplying the gross receipts of the facility in each quarter of the year by 2%.
(3) The licensing fee for off-site solid waste management facility other than a landfill shall be paid quarterly and shall be due on April 30, July 31, October 31 and January 31 for the preceding quarter. The fee shall be paid to the Department, at its designated address.
(C) Required reporting.
(1) The licensee shall file a quarter-annual report with the Department which shall accompany payment of the licensing fee and which shall be on a form supplied by the Department, which shall include the following information:
(a) The name, business address and federal tax identification number of the business;
(b) The business's tax year; e.g., fiscal year or calendar year;
(c) The address and type of facility for which the report is made;
(d) The gross receipts of the facility for the preceding quarter of the year;
(e) Copy of the Quarterly Transfer Station/Convenience Center Waste Quantity Report (DEP 7076); Quarterly Solid Waste Incinerator Waste Quantity Report (DEP 7079); or other applicable quarterly report form required to be filed with the Kentucky Division of Waste Management for a particular facility falling under this classification;
(f) Copies of any Kentucky Division of Waste Management Notice of Violation for Non-Compliance for said facility received during the reporting period.
(2) Annually, on April 30, or on the quarterly licensing fee due date closest to the due date of the business's annual federal income tax return, the licensee shall file with the Department, a copy of the form, schedule or other page of its federal tax return showing the gross receipts of the business reported to the federal government for the preceding year.
(3) 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)