Kan. Admin. Regs. § 28-31-124c - Procedures for permitting; draft permits
Each reference in this regulation to a federal regulation shall mean that federal regulation as adopted by reference in K.A.R. 28-31-124 through 28-31-279.
(a) Each permit application shall be reviewed
by the secretary to determine compliance with the requirements of the hazardous
waste regulations.
(b) If the
permit application does not meet the requirements of this article, the
application shall be denied by the secretary.
(c) If the application meets the requirements
of this article, a draft permit shall be prepared by the secretary according to
the following criteria:
(1) The draft permit
shall contain the following information:
(B) all compliance schedules specified in
40 CFR
270.33;
(C) all monitoring requirements specified in
40 CFR
270.31; and
(D) standards for treatment, storage, or
disposal, or any combination of these activities, and other permit conditions
under 40 CFR
270.30.
(2) The draft permit shall be accompanied by
a fact sheet that meets the requirements of K.A.R. 28-31-124d.
(3) Public notice shall be given as specified
in K.A.R. 28-31-124e.
(4) The
draft permit shall be made available for public comment as specified in
40 CFR
124.11.
(5) Notice of opportunity for a public
hearing shall be given as specified in
40 CFR
124.12.
(d) A final decision to issue the permit
shall be issued by the secretary if the findings of fact show that the facility
or activity will be protective of human health and safety and the environment.
A final decision to deny the permit shall be issued by the secretary if the
findings of fact show that the facility or activity will not be protective of
human health and safety and the environment.
(e) A response to comments shall be issued by
the secretary in accordance with
40 CFR
124.17.
(f) Any person may appeal the decision in
accordance with
K.S.A. 65-3440 and
K.S.A. 65-3456a(b), and amendments
thereto.
Notes
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