433.900 Definitions for KRS 433.900 to 433.906.
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/ky/chapter-433/433-900A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
As used in KRS 433.900 to 433.906, unless the context otherwise requires:
(1)"Applicant" means a secondary metals recycler seeking an application for a
certificate of registration with the Department of Professional Licensing of the
Public Protection Cabinet, as provided in KRS 433.902. If the secondary
metals recycler is owned by a corporation, limited liability company,
partnership, limited partnership, incorporated association, or any other entity
organized for the purpose of engaging in business as a secondary metals
recycler, "applicant" means the officers of these entities;
(2)"Ferrous metals" means any metal containing significant quantities of iron or
steel;
(3)"Nonferrous metals" means metal not containing significant quantities of iron,
including but not limited to copper, brass, aluminum, bronze, lead, zinc, nickel,
and alloys thereof;
(4)"Name-based background check" means a statewide search of the centralized
criminal history record information system by the Department of Kentucky State
Police, utilizing the name, date of birth, and Social Security number of the
applicant;
(5)"Restricted metals" means any of the following metal items:
(a)Manhole covers;
(b)Electric light poles or other utility poles;
(c)Guardrails;
(d)Street signs, traffic signs, or traffic signals;
(e)Whole road tiles;
(f)Funeral markers or funeral vases;
(g)Railroad equipment, including but not limited to a tie plate, signal house,
control box, switch plate, e-clip, or rail tie junction;
(h)Condensing or evaporating coils made from copper, aluminum, or
aluminum-copper, including the tubing or rods from a heating or air
conditioning unit that is not from a window air conditioning unit or
automobile air conditioning unit;
(i)Stainless steel beer kegs;
(j)A catalytic converter or any nonferrous part of a catalytic converter unless
purchased as part of a vehicle; or
(k)Storm drain covers; and
(a)"Secondary metals recycler" means:
1. Any person who is engaged in the business of gathering or
obtaining ferrous or nonferrous metals that have served their original
economic purpose or is in the business of performing the
manufacturing process by which ferrous metals or nonferrous metals
are converted into raw material products consisting of prepared
grades and having an existing or potential monetary value;
2. Any person who has facilities for performing the manufacturing
process by which ferrous metals or nonferrous metals are converted
into raw material products consisting of prepared grades and having
an existing or potential monetary value, other than by the exclusive
use of hand tools, by methods including but not limited to
processing, sorting, cutting, classifying, cleaning, baling, wrapping,
shredding, shearing, or changing the physical form or chemical
content thereof; or
3. Any recycler, dealer in junk or metals, dealer in secondhand articles,
vendor of bottles or rags, or collector of or dealer in articles found in
ashes, garbage, or other refuse, whether a dealer, collector, or
vendor operates an established place of business or an itinerant
business.
(b)"Secondary metals recycler" shall not include a municipal solid waste
department or any entity which has been issued a municipal solid waste
transporter license by the Kentucky Transportation Cabinet and which
gathers or obtains ferrous or nonferrous metals in a vehicle registered in
Kentucky to transport solid waste.