401 KAR 47:025 - Permit review and determination timetables
RELATES TO: KRS 224.01, 224.10, 224.40, 224.50
NECESSITY, FUNCTION, AND CONFORMITY: KRS Chapter 224 requires
the
Section 1. Submittal of
Permit Applications and Registrations.
(1) The
official date of receipt for documents associated with a solid waste permit
application or registration shall be the date the document is stamped received
by the Division of Waste Management.
(2) The applicant or registrant shall have
the burden of establishing that the application or registration is in
compliance with all requirements of KRS Chapter 224 and 401 KAR Chapters 30,
47, and 48.
Section 2.
Administrative Completeness Determination.
(1)
No application or registration shall be reviewed until the cabinet has
determined that the application or registration is administratively complete. A
determination by the cabinet that an application or registration is
administratively complete means that the application or registration contains
the major elements required by KRS Chapter 224 and 401 KAR Chapters 30, 47, and
48 that are necessary to allow meaningful review by the cabinet . An application
or registration shall not be deemed administratively complete if one (1) or
more major components are found to be absent from the application or
registration, which, by virtue of their absence, would require that the permit
be denied. A determination that an application or registration is
administratively complete shall not mean that the application is complete in
every detail, nor shall it mean that any aspect of the application is
technically sufficient or approvable.
(2) Within forty-five (45) calendar days of
receipt of the application or registration the cabinet shall provide written
notice to the applicant or registrant as to the administrative completeness of
the application or registration.
(a) If the
application or registration is determined to be administratively complete, the
cabinet shall notify the applicant or registrant in writing that the review and
determination period provided by Section 3 of this administrative regulation
has commenced.
(b) If the
application or registration is determined to be incomplete, the cabinet shall
notify the applicant or registrant of the deficiencies that render it
administratively incomplete. The applicant or registrant shall have thirty (30)
calendar days from mailing or hand delivery of the cabinet 's notice of
deficiency to correct the deficiencies and render the application or
registration administratively complete, unless a longer time period is approved
by the cabinet .
(c) The cabinet
shall have thirty (30) calendar days from receipt of the applicant's or
registrant's submittal of a complete response to a notice of deficiency to
determine if the application or registration is administratively complete.
1. If the applicant or registrant renders the
application or registration administratively complete within the specified
timetable, the cabinet shall notify the applicant or registrant in writing that
the review and determination period provided by Section 3 of this
administrative regulation has commenced.
2. If the cabinet determines that the
application or registration is not administratively complete at the end of the
period specified in this subsection, the cabinet shall make a written
determination to deny the permit with the stated reason that the application or
registration, in its current form, fails to comply with the requirement to
submit a complete application . This action shall not preclude the submission of
a new application or registration for the same site or facility in the future.
Submission of a new application or registration shall be considered as if not
previously submitted for the purpose of fees and review timetables.
Section 3.
Timetables for Permit or Registration Review and Determination.
(1) All administratively complete permit
applications and registrations shall be reviewed and a determination made to
issue, acknowledge, or deny the permit within the following timetables:
(a) Application to Construct a New Solid
Waste Disposal Facility or to Horizontally Expand an Existing Solid Waste
Disposal Facility : the timetable is specified in
KRS
224.40-310(10).
(b) Research, Development, and Demonstration
Permit : 180 calendar days.
(c)
Permit modifications: 180 calendar days.
(d) Closure Permit : 180 calendar
days.
(e) Permit transfer: 180
calendar days.
(f) Permit renewal:
180 calendar days.
(g) Registered
Permit -by-rule: ninety (90) calendar days.
(h) Any other permit action not specifically
set forth in this section: ninety (90) calendar days.
(2) The timetables specified in subsection
(1) of this section may be extended at the initiative of either the cabinet or
the applicant or registrant. The purpose and period of the extension shall be
in writing and, if agreed to, shall be signed by both the cabinet and the
applicant or registrant. The agreement to extend the timetable shall become
part of the cabinet 's permit or registration file.
Section 4. Timetable Exclusions. The time
periods specified in Section 3 of this administrative regulation shall not run
during the following intervals:
(1) From the
date the cabinet mails or hand delivers a notice of deficiency until the date
the Division of Waste Management stamps as received a complete response to the
deficiencies. If a notice of deficiency is sent to an applicant or registrant,
the applicant or registrant shall have 180 calendar days to respond to the
notice of deficiency. Failure to respond to a notice of deficiency within 180
calendar days shall be grounds for denial of the permit ;
(2) Sixty (60) days from the date of any
public hearing on the application or registration to allow the cabinet time to
consider public comments; and
(3)
From the date a permit application or registration is subject to any
adjudicatory process that prevents the cabinet from making a determination to
the date all administrative or judicial hearings are final and all parties are
in compliance with all final orders resulting from those hearings.
Section 5. Timetable Extensions.
If two (2) or more permits for a facility , site , source, construction project,
or other entity are required from the cabinet , the cabinet may coordinate the
issuance of the permits, establishing different review and action times that
shall be accomplished by the cabinet or applicant. If the permits are
coordinated, the cabinet shall so notify the applicant and indicate the time
frames under which the intermediate actions and final permit actions shall be
accomplished. The established time frame for final action shall not exceed the
last date for action that is provided for under applicable statutes and
administrative regulations, based on all applications being considered and
their filing dates.
Section 6.
Applicability Dates.
(1) The provisions of
this administrative regulation shall apply to applications and registrations
received after the effective date of this administrative regulation.
(2)
(a) The
provisions of this administrative regulation shall not apply to applications
and registrations pending on the effective date of this administrative
regulation unless, within ninety (90) days of the effective date of this
administrative regulation, the applicant or registrant submits written
notification to the cabinet that the applicant or registrant desires to have
the application or registration subject to this administrative
regulation.
(b) If the applicant or
registrant fails to notify the cabinet in accordance with paragraph (a) of this
subsection, the application or registration shall not be subject to the
provisions of this administrative regulation.
(c) Applications and registrations for which
the cabinet has mailed or hand delivered a notice of deficiency prior to the
cabinet 's receipt of the letter provided for in paragraph (a) of this
subsection shall not be subject to the provisions of Section 2 of this
administrative regulation. All other provisions of this administrative
regulation shall apply beginning on the date the cabinet receives the notice
provided for in paragraph (a) of this subsection.
Section 7. Relationship to
KRS
224.40-310(10). Applications
processed under
KRS
224.40-310(10) shall be
subject to the provisions of Sections 1 and 4(1) of this administrative
regulation. The other provisions of this administrative regulation shall not
apply to applications processed under
KRS
224.40-310(10).
Notes
STATUTORY AUTHORITY: KRS 224.10-220
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