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AN ACT relating to recyclers. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 177.905 is repealed, reenacted as a new section of KRS Chapter 3
190, and amended to read as follows: 4
As used in Sections 1 to 9 of this Act[KRS 177.910 to 177.950], unless the context 5
otherwise requires: 6
(1) "Road" means any county, state, federal or limited access highway or turnpike, 7
including bridges and bridge approaches;[.] 8
(2) "Automobile, vehicle, or machinery recyclers" means any place where five (5) or 9
more junked, wrecked or nonoperative automobiles, vehicles, machines and other 10
similar scrap or salvage materials, excluding inoperative farm equipment, are 11
deposited, parked, placed or otherwise located, or any business as defined in 12
subsection (3) where ten (10) or more junked, wrecked or nonoperative 13
automobiles, vehicles, machines and other similar scrap or salvage materials are 14
deposited, parked, placed or otherwise located;[.] 15
(3) "Business" means any person engaged as an automobile dealer, body shop operator, 16
wrecker service operator, service station operator or other activity which may buy, 17
sell or repair nonoperative vehicles, automobiles or machinery as a service;[.] 18
(4) "Material recyclers" means[shall mean] any establishment or place of business, 19
including garbage dumps and sanitary fills, maintained, operated, or used for 20
storing, keeping, buying or selling of old or scrap copper, brass, rope, rags, 21
batteries, paper, trash, rubber debris, waste, or motor vehicle parts, iron, steel, and 22
other old or scrap ferrous or nonferrous material;[.] 23
(5) "Operator or operators" means a person, firm or corporation operating an 24
automobile, vehicle, machinery or material recycling establishment or place of 25
business or the allowing of such automobile, vehicle, machinery or material 26
recycling establishment or place of business to be placed or deposited, or to remain 27 UNOFFICIAL COPY 25 RS BR 1548
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on premises owned or controlled by such person, firm or corporation;[.] 1
(6) "Person" means any individual, firm, agency, company, association, partnership, 2
business trust, joint stock company, body politic or corporation; and[.] 3
(7) "Commission"["Department"] means the Motor Vehicle Commission[Department 4
of Highways. 5
(8) "Commissioner" means the commissioner of the Department of Highways]. 6
Section 2. KRS 177.910 is repealed, reenacted as a new section of KRS Chapter 7
190, and amended to read as follows: 8
A person shall not[No person shall] operate or cause to be operated any automobile, 9
vehicle, machinery, or material recycling establishment or place of business which is 10
situated closer than one thousand (1,000) feet from the right-of-way line of any road 11
unless a license[permit] for the[such] operation has been[shall have been] obtained from 12
the commission[department]. The operation of any automobile, vehicle, machinery, or 13
material recycling establishment or place of business so situated without a 14
license[permit] is hereby declared to be a public nuisance. 15
Section 3. KRS 177.912 is repealed, reenacted as a new section of KRS Chapter 16
190, and amended to read as follows: 17
An automobile, vehicle, or machinery recycling establishment or place of business or 18
material recycling establishment or place of business which complies as a conforming use 19
in an industrially zoned area under the applicable zoning ordinances and regulations of 20
any county or city, as determined in the discretion of the commission[commissioner of 21
highways], shall not be deemed to be in violation of Sections 1 to 9 of this Act[KRS 22
177.905 to 177.950]. 23
Section 4. KRS 177.915 is repealed, reenacted as a new section of KRS Chapter 24
190, and amended to read as follows: 25
(1) The commission shall promulgate administrative regulations in accordance with 26
KRS Chapter 13A to establish that the license required under Section 2 of this 27 UNOFFICIAL COPY 25 RS BR 1548
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Act shall be issued[The permit required by KRS 177.910 shall be issued in 1
accordance with the administrative regulations of the department, promulgated 2
pursuant to the provisions of KRS 177.905 to 177.950,] when it is shown to the 3
satisfaction of the commission[commissioner] that an automobile, vehicle, 4
machinery, or material recycling establishment or place of business located closer 5
than 1,000 feet from the right-of-way line of any road is, so far as deemed practical 6
by the commission[secretary], hidden from the view of motorists using the[such] 7
road by an artificial or natural screen, or is hidden by virtue of natural topography 8
[so hidden]. 9
(2) The screening required in this section may be effected by the construction of a 10
fence, or by planting shrubs, trees, or flowering plants, the foliage of which shall, 11
immediately upon planting, provide a sufficient screen or by making use of foliage 12
already in existence. 13
(3) Any automobile, vehicle, machinery, or material recycling establishment or place of 14
business that cannot as a practical matter be screened[,] shall be required to be 15
removed. 16
Section 5. KRS 177.920 is repealed, reenacted as a new section of KRS Chapter 17
190, and amended to read as follows: 18
The commission[commissioner] is hereby directed to charge a fee of five-hundred 19
dollars ($500)[fifty dollars ($50)] for the issuance of a license required under Section 2 20
of this Act[permit required by KRS 177.915]. The license shall be effective for one (1) 21
calendar year[Such permit shall be effective for a two (2) year period beginning July 1, 22
1962, through June 30, 1964, and each two (2) year period thereafter]. Proceeds from 23
the[such] fees shall be paid to the State Treasurer and hereby are appropriated to the 24
commission pursuant to KRS 190.058(10)[state road fund]. 25
Section 6. KRS 177.925 is repealed, reenacted as a new section of KRS Chapter 26
190, and amended to read as follows: 27 UNOFFICIAL COPY 25 RS BR 1548
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Where the commission[commissioner] has reasonable cause to doubt the financial 1
responsibility of the operator or compliance by the operator with the provisions of 2
Sections 1 to 9 of this Act[KRS 177.905 to 177.950], the commission[commissioner] 3
may require the[such] operator to furnish and maintain a bond in the[such] form, amount, 4
and with the[such] sureties as it[he] shall approve, but not less than one thousand dollars 5
($1,000) nor more than five thousand dollars ($5,000) conditioned upon the operator 6
complying with the provisions of Sections 1 to 9 of this Act[KRS 177.905 to 177.950] 7
and the regulations adopted pursuant thereto. Any bond forfeiture is hereby appropriated 8
to the commission[state road fund]. 9
Section 7. KRS 177.935 is repealed, reenacted as a new section of KRS Chapter 10
190, and amended to read as follows: 11
The commission[department] is hereby empowered to: 12
(1) Exercise general supervision of the administration and enforcement of Sections 1 to 13
9 of this Act;[KRS 177.905 to 177.950.] 14
(2) Promulgate[, pursuant to KRS Chapter 13A,] administrative regulations in 15
accordance with KRS Chapter 13A pertaining to the operation of automobile, 16
vehicle, machinery, or material recycling establishments or places of business as the 17
commissioner may deem necessary to the administration and enforcement of 18
Sections 1 to 9 of this Act;[KRS 177.905 to 177.950.] 19
(3) Promulgate administrative regulations in accordance with KRS Chapter 13A with 20
respect to the sufficiency, type of material or foliage, height, density, and size of 21
screening required by Section 4 of this Act[KRS 177.915] to ensure[insure] the 22
accomplishment of the purposes of Sections 1 to 9 of this Act;[KRS 177.905 to 23
177.950.] 24
(4) Promulgate administrative regulations in accordance with KRS Chapter 13A with 25
respect to the procedural aspects of hearings conducted in accordance with[, 26
supplemental to] KRS Chapter 13B, the filing of reports and orders, the issuance of 27 UNOFFICIAL COPY 25 RS BR 1548
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licenses[permits] and other matters;[.] 1
(5) Issue, after hearing, final orders abating the operation of an automobile, vehicle, 2
machinery, or material recycling establishments or places of business in violation of 3
the provisions of Sections 1 to 9 of this Act[KRS 177.905 to 177.950], or requiring 4
the adoption of remedial measures including the construction or planting of screens 5
or the utilization of natural screening, extension, modification, or addition to new or 6
existing screens;[.] 7
(6) Issue, continue in effect, revoke, modify, or deny under conditions as the 8
commission[department] may prescribe and subject to a hearing in accordance with 9
KRS Chapter 13B, licenses[permits] for the operation of an automobile, vehicle, 10
machinery, or material recycling establishments or places of business;[.] 11
(7) Make investigations or inspections which may be deemed necessary by the 12
commission[commissioner] to ensure[insure] compliance with the provisions of 13
Sections 1 to 9 of this Act[KRS 177.905 to 177.950], or with any administrative 14
regulations or orders of the department which may be deemed necessary to enable 15
the commission[department] to administer and enforce the provisions of Sections 1 16
to 9 of this Act;[KRS 177.905 to 177.950.] 17
(8) Institute in a court of competent jurisdiction procedures, including injunctive relief, 18
to compel compliance with the provisions of Sections 1 to 9 of this Act[KRS 19
177.905 to 177.950] and with the final orders and administrative regulations issued 20
pursuant thereto;[.] 21
(9) Enter at any reasonable time through any officer, assistant, agent, or employee in or 22
upon any public or private property for the purpose of investigation and inspection 23
of conditions relating to the operation of any automobile, vehicle, machinery, or 24
material recycling establishments or places of business; and[.] 25
(10) Perform any other acts as may be necessary, proper, or desirable in order to carry 26
out effectively the duties and responsibilities of the commission[department] 27 UNOFFICIAL COPY 25 RS BR 1548
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prescribed in Sections 1 to 9 of this Act KRS 177.905 to 177.950. 1
Section 8. KRS 177.940 is repealed, reenacted as a new section of KRS Chapter 2
190, and amended to read as follows: 3
(1) (a) Public hearings shall be conducted in accordance with KRS Chapter 13A by 4
the commission[department] prior to the promulgation of any administrative 5
regulations which pertain to the prevention, abatement, or control of 6
automobile, vehicle, machinery, or material recycling establishments or places 7
of business. 8
(b) Administrative hearings shall be conducted in accordance with KRS Chapter 9
13B before the issuance of any final order prohibiting the performance by any 10
person of any act or acts deemed to be in contravention of any administrative 11
regulations, orders, or licenses[permits] of the department; or before denial, 12
revocation, or modification of any license[permit] provided for by Sections 1 13
to 9 of this Act[KRS 177.905 to 177.950]; or before any other final 14
determination is made by the department which directly affects the activities 15
of any person. 16
(2) The commission[department] shall grant an administrative hearing to any person, 17
not previously heard in connection with the issuance of any order or the making of 18
any determination, who may consider himself or herself aggrieved by any order or 19
determination and who shall file with the department a verified petition alleging 20
that the order or determination is contrary to law or that is injurious to him or her, 21
stating the grounds and reasons therefor and requesting a hearing thereon. The 22
hearing shall be conducted in accordance with KRS Chapter 13B. 23
Section 9. KRS 177.950 is repealed and reenacted as a new section of KRS 24
Chapter 190 to read as follows: 25
Any aggrieved party may appeal the final order of the department following the hearing 26
to the Circuit Court of the county in which the alleged offense occurred in accordance 27 UNOFFICIAL COPY 25 RS BR 1548
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with KRS Chapter 13B. 1