KRS 433.900: Definitions for KRS 433.900 to 433.925.

As used in KRS 433.900 to 433.925, unless the context otherwise requires:

(1) "Applicant" means a secondary metals recycler seeking an application for a license

with the commission. 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) "Commission" means the Motor Vehicle Commission;

(3) "Ferrous metals" means any metal containing significant quantities of iron or steel;

(4) "Name-based background check" means a statewide search of the centralized

criminal history record information system by the Department of Ken tucky State

Police, utilizing the name, date of birth, and Social Security number of the

applicant;

(5) "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, such as any copper or bronze wire, power inverters, bars, pipes, rods,

tubing, and wire or cable or coaxial cable of the type used by public utilities,

common carriers, or telecommunication services providers;

(6) "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 converte r unless

purchased as part of a vehicle; or

(k) Storm drain covers; and

(7) (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, deal er 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 Transportation Cabinet and which gathers or obtains

ferrous or nonferrous metals in a vehicle regis tered in Kentucky to transport

solid waste.