211.976 Application, filing and contents -- Fee -- Conditions of bond.
410 words·~2 min read·
/ky/chapter-211/211-976A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)All persons proposing to engage in business for the purposes of this chapter
shall file an application for licensing on forms provided by the cabinet with
information specifying that waste hauling is restricted to household sewage or
sludge only; commercial or industrial sanitary sewage or sludge only; grease
trap sewage or sludge only; or combinations of the above. Other information
deemed necessary, as well as the required fee, shall accompany the
application.
(b)The secretary may promulgate administrative regulations to establish a fee
schedule that:
1. Shall be the total of the operational and administrative costs of the
programs to the cabinet and to agencies as defined in KRS 211.185;
2. Beginning on March 17, 2020, until December 31, 2020, shall not
increase more than twenty-five percent (25%) of the fee amount on
March 17, 2020; and
3. Beginning on or after January 1, 2021, shall not increase more than five
percent (5%) for each year thereafter.
(2)If the cabinet, after any investigation it deems necessary, finds that the applicant has
the qualifications, experience, reputation, and approved site for disposal necessary
to perform the service in an acceptable manner and not detrimental to the
environment or to public health, it shall issue or cause to be issued a license for the
said business. This license is not transferable. The application for license shall be
made to the cabinet prior to March 1 of each year, and shall be accompanied by a
surety bond tendered by a company registered in the Commonwealth of Kentucky,
to indemnify persons for whom service and maintenance work is performed, if
faulty, and to guarantee disposal of sewage sludge in an approved manner; or with
sureties, form and sufficiency acceptable to the cabinet. The amount of the bond
shall be established by administrative regulation promulgated by the cabinet. The
cabinet shall be the obligee, and the bond shall be for the benefit and purpose to
protect all persons and the environment damaged by faulty workmanship in the
servicing or maintaining of sewage pretreatment units, grease traps, or holding
tanks, or in the disposal of sewage sludge, and shall guarantee the appearance of the
licensee to answer any summons within thirty
(30)days of notice to the bonding
company of the issuance of summons. Bonds shall be conditioned upon the
performance of the services in a workmanlike manner, and in a manner which will
not create a public health hazard nor damage the environment.