401 KAR 47:110 - Registered permit-by-rule
RELATES TO: KRS 224.01-010, 224.10-100, 224.10-105, 224.40-100, 224.40-110, 224.40-120, 224.40-305, 24.40-310, 224.40-315, 224.40-320, 224.40-325, 224.40-330, 224.40-340, 224.40-605, 224.40-650, 224.43-010, 224.43-020, 224.43-070, 224.43-310, 224.43-315, 224.43-330, 224.43-340, 224.43-345, 224.43-350, 224.70-100, 224.70-110, 224.99-010, 224.99-020
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
224.10-100(19)(c), (24) and
224.40-305
authorize the
Section 1. Issuance of Registered
Permit -by-rule.
(1) Before accepting waste ,
the owner or operator of a solid waste site or facility specified in
401 KAR
47:080, Section 2(6) shall notify the cabinet by
submitting a registration. For solid waste sites or facilities other than
medical waste transfer stations, the registration shall become effective five
(5) business days after the cabinet receives it unless the cabinet denies the
registration within that time. For medical waste transfer stations, the
registration shall become effective thirty (30) days after the cabinet receives
it unless the cabinet denies the registration within that time. The cabinet
shall hold a public hearing in accordance with
401 KAR
47:140, Section 10, prior to accepting or denying the
registration upon the request of any individual. The owner or operator of a
registered permit -by-rule facility shall comply with the environmental
performance standards in
401 KAR
30:031 in order for the registered permit -by-rule to
remain effective.
(2) The
registration for a registered permit -by-rule facility shall be submitted to the
cabinet on one (1) of the following registration forms:
(a) DEP 7059; Solid Waste Transfer Station,
Convenience Center , and Recycling Center ;
(b) DEP 7059-A; Solid Waste Composting
Facility ;
(c) DEP 7059-E; Class I
Solid Waste Landfarm;
(d) DEP
7059-H; Less-than-one-acre Construction/Demolition Debris (CDD) Landfill ;
or
(e) DEP 7059-J; Solid Waste
Incinerator .
(3) A
registration that is determined to be administratively incomplete may be denied
within five (5) business days after receiving the registration. Thereafter, if
the cabinet determines that a registration fails to include all of the
information required, the cabinet shall notify the operator that the
registration is deficient. The owner or operator shall submit the requested
information within thirty (30) calendar days of the date of the notice of
deficiency. The cabinet 's review shall be conducted in accordance with the
requirements of
401 KAR
47:025.
(4) Prior to submission of the registration,
the owner or operator shall prepare a groundwater protection plan in accordance
with
401 KAR
5:037.
(5)
The owner or operator shall publish a notice two (2) weeks prior to submission
of the registration in a daily or weekly newspaper of general circulation where
the proposed facility is located. Public notices shall be of a size to include
not less than two (2) column widths for advertising and shall be in a display
format. The public notice shall contain the following:
(a) Name and address of the owner or
operator ;
(b) The type of
facility ;
(c) A brief description
of the business to be conducted; and
(d) Name and address of the
facility .
Section
2. Operating Requirements for Registered Permit -by-rule
Facilities.
(1) The owner or operator of a
facility operating under a registered permit -by-rule, except as provided in
Section 3 of this administrative regulation, shall not:
(a) Store, treat or dispose of solid waste
not specified in the registration; or
(b) Exceed the design capacities specified in
the registration.
(2) The
owner or operator of a facility operating under a registered permit -by-rule
shall comply with the environmental performance standards in
401 KAR
30:031.
(3) The owner or operator of a registered
permit -by-rule facility shall keep records as provided in this section.
(a) The owner or operator of a less-than-one
(1) acre construction/demolition debris landfill or solid waste incinerator
shall report quarterly pursuant to
KRS
224.43-330. In addition, the owner or
operator shall submit DEP 7046, Annual Waste Quantity Report, to the cabinet
annually and upon closure of the facility .
(b) The owner or operator of a composting
facility shall report quarterly pursuant to
KRS
224.43-330. In addition, the owner or
operator shall submit DEP 7108, Annual Report for a Solid Waste Composting
Facility , to the cabinet annually and upon closure of the facility .
(c) The owner or operator of a landfarming
facility shall report quarterly pursuant to
KRS
224.43-330. In addition, the owner or
operator shall submit DEP 7064, Annual Report for a Class I Solid Waste
Landfarm, to the cabinet annually and upon closure of the facility .
(d) The owner or operator of a registered
permit -by-rule convenience center , transfer station or commercial recycling
center shall document records on DEP 7046, Annual Waste Quantity Report.
Records shall be kept on site and available for inspection for three (3)
years.
(4) The owner or
operator of a solid waste incinerator shall conduct the Toxicity Characteristic
Leaching Procedure (TCLP) test described in
401 KAR
31:030, Section 5, before the initial disposal of any
ash and whenever the characteristics of the waste accepted by the incinerator
significantly change. The owner or operator shall keep a record of the current
TCLP laboratory analysis report required by this section available for
inspection by the cabinet for three (3) years. The owner or operator of a solid
waste incinerator shall report the volume of ash generated to the cabinet
annually and upon closure of the facility . The report shall be submitted no
later than January 31 for the preceding calendar year.
Section 3. Changes to a Registered
Permit -by-rule.
(1) A revised registration
shall be submitted as follows:
(a) Solid
wastes not previously identified in the registration may be stored, treated, or
disposed at a facility operating under a registered permit -by-rule if the owner
or operator submits a revised registration to the cabinet prior to that
change.
(b) The owner or operator
of a facility operating under a registered permit -by-rule shall submit a
revised registration to the cabinet prior to increasing the design capacity of
processes used at a facility .
(c)
The owner or operator of a facility operating under a registered permit -by-rule
shall submit a revised registration to the cabinet prior to changing the
processes for the storage , treatment or disposal of solid waste , using
additional processes, or changing the owner or operator .
(2) The revised registration shall become
effective five (5) business days after the cabinet receives it, unless the
cabinet denies the registration within that time.
Section 4. Revocation of a Registered Permit
by Rule . The cabinet may revoke a registered permit -by-rule for the following
causes:
(1) Noncompliance by the owner or
operator with a condition of the registration;
(2) The owners, operator 's, or key
personnel 's failure during the registration process to disclose all information
required by the cabinet ;
(3) The
owner 's, operator 's, or key personnel 's misrepresentation of any information
required by the cabinet at any time;
(4) The cabinet 's determination that the
operation endangers human health, safety, or the environment;
(5) The owner 's, operator 's or key
personnel 's violation of any requirement of KRS Chapter 224 or the
administrative regulations promulgated pursuant thereto; or
(6) A change to the registered-permit -by-rule
that was made without complying with Section 3 of this administrative
regulation.
Section 5.
Incorporation by Reference.
(1) The following
material is incorporated by reference:
(a) DEP
7059; "Solid Waste Transfer Station, Convenience Center , and Recycling Center ",
November 2016;
(b) DEP 7059-A;
"Solid Waste Composting Facility ", November 2016;
(c) DEP 7059-E; "Class I Solid Waste
Landfarm", November 2016;
(d) DEP
7059-H; "Less-than-one-acre Construction/Demolition Debris", November
2016;
(e) DEP 7059-J; "Solid Waste
Incinerator ", November 2016;
(f)
DEP 7064; "Annual Report for a Class I Solid Waste Landfarm", November
2016;
(g) DEP 7108; "Annual Report
for a Solid Waste Composting Facility ", November 2016; and
(h) DEP 7046; "Annual Waste Quantity Report",
November 2016.
(2) This
material may be inspected, copied, or obtained at the Division of Waste
Management, 300 Sower Boulevard, Frankfort, Kentucky 40601, Monday through
Friday, 8 a.m. to 4:30 p.m., or at any of the division's field offices Monday
through Friday, 8 a.m. to 4:30 p.m.; 2642 Russelville Road, Bowling Green,
Kentucky 42101; 2751 Campbellsville Road, Columbia, Kentucky 42728; 8020
Veterans Memorial Drive, Suite 110, Florence, Kentucky 41042; 1332 State
Highway 15, Hazard, Kentucky 41701; 875 South Main Street, London, Kentucky
40741; 9116 Leesgate Road, Louisville, Kentucky 40222-4925; Madisonville State
Office Building, 625 Hospital Drive, Madisonville, Kentucky 42431; 525 Hecks
Plaza Drive, Morehead, Kentucky 40351; 130 Eagle Nest Drive, Paducah, Kentucky
42003. This material is also available at the division Web site at
eec.ky.gov/environmental-protection/waste .
Notes
STATUTORY AUTHORITY: KRS 224.10-100(19)(c), (24), 224.40-100, 224.40-305
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