401 KAR 47:160 - Application procedures
RELATES TO: KRS 224.01, 224.10, 224.40, 224.43, 224.99
NECESSITY, FUNCTION, AND CONFORMITY: KRS Chapter 224 requires
the
Section
1. General Application Requirements.
(1) Permit application . A permit application
consists of three (3) parts: notice of intent to apply for a solid waste
permit ; administrative application ; and technical application . Any person who
is required to have a permit (including new applicants and permittees with
expiring permits) shall complete, sign and submit an application to the cabinet
as described in
401 KAR
47:170 through
401
KAR 47:190 and 401 KAR Chapter 48.
(2) Completeness. The cabinet shall not issue
a permit before receiving a complete application for a permit except for
permits-by-rule or emergency permits. An application for a permit is complete
when the cabinet receives an application , including any supplemental
information, which shall be completed to the satisfaction of the
cabinet .
(3) Information
requirements. All applicants for permits shall provide the applicable
information in compliance with
401 KAR
47:170 through
401
KAR 47:190 and 401 KAR Chapter 48 to the cabinet ,
using the application forms provided by the cabinet .
(4) Number of copies.
(a) For the purpose of reviews, three (3)
original copies of the application shall be submitted to the cabinet . The
application shall be compiled such that it conforms to an eight and one-half
(8.5) by eleven (11) inch document. The applicant shall submit two (2) rolled
sets of full scale engineering drawings.
(b) For issuance of the permit , the applicant
shall provide one (1) original application and four (4) copies, incorporating
all changes, bound such that they conform to an eight and one-half (8.5) by
eleven (11) inch document. The applicant shall also submit the following sets
of engineering drawings:
1. Two (2) full scale
sets folded to eight and one-half (8.5) by eleven (11) inches;
2. Two (2) full scale sets rolled;
3. Two (2) one-half (0.5) scale
sets.
Section
2. Existing Solid Waste Sites or Facilities and Registered
Permits-by-rule. Owners or operators of solid waste sites or facilities in
existence on the effective date of this administrative regulation which close
under a registered permit -by-rule shall, at a minimum, comply with the
corrective action requirements in
401
KAR 48:300.
Section
3. New Solid Waste Sites or Facilities.
(1) No person shall begin physical
construction of a new solid waste site or facility without having submitted a
permit application and received a solid waste permit .
(2) An applicant for a solid waste landfill
or landfarming permit after the effective date of this administrative
regulation shall submit to the cabinet a notice of intent to apply for a solid
waste permit which contains the information specified in
401 KAR
47:170 or
401 KAR
48:200.
(3) The applicant shall submit an
administrative application for a solid waste site or facility in accordance
with the approved notice of intent to apply for a solid waste permit and the
implementation of the approved site investigation plan. The administrative
application shall contain the information as specified in
401
KAR 47:180.
(4) The applicant shall submit a technical
application in accordance with the approved administrative application and the
requirements of
401
KAR 47:190 and Chapter 48.
(5) The site shall be designed in accordance
with the approved conceptual design, any variances given preliminary approval,
and the applicable requirements of
401
KAR 47:190 and 401 KAR Chapter 48.
(6) If at any time the cabinet determines
that the proposed site cannot meet the requirements of 401 KAR Chapters 47 and
48, the cabinet may deny the permit .
(7) The cabinet shall take action on
applications for solid waste sites and facilities within the following time
frames as appropriate:
(a) Notice of intent to
apply thirty (30) working days;
(b)
Administrative application sixty (60) working days; and
(c) Technical application ninety (90) working
days.
(8) If the
application is incomplete, the cabinet shall notify the applicant in writing of
the deficiencies. Failure to submit the required information within 180 days
shall be grounds for denial. Periods of deficiency correction shall not be
counted against the review time frames specified in subsection (7) of this
section.
Section 4.
Issuance of a Solid Waste Site or Facility Permit .
(1) The cabinet shall issue a construction
permit for no more than five (5) years if, after completing the review of a
complete solid waste site or facility permit application , it finds that the
applicant for the permit has met all the requirements for application and the
requirements of
KRS
224.40-310 and 401 KAR Chapters 47 and
48.
(2) The applicant shall
maintain a construction permit in full force and effect until all facilities
have been constructed and approved by the cabinet , including closure of the
facility .
(3) A
construction/operation permit shall be issued by the cabinet when:
(a) The applicant notifies the cabinet , in
writing, that liner system and facility construction has been
completed;
(b) A representative of
the cabinet inspects the site and verifies in writing within thirty (30) days
of the inspection that the site has been developed according to plans and that
necessary equipment is available to operate the site ;
(c) The required financial responsibility in
401 KAR
48:310 for closure has been established using any of
the mechanisms required by
KRS
224.40-650 in an amount determined by an
approved closure plan and cost estimate;
(d) The applicant submits a certification by
an engineer registered in Kentucky that the site liner system and facilities
are constructed in accordance with the approved plans and specifications;
and
(4) The cabinet may issue a permit subject to
special conditions which include, but are not limited to, types of wastes which
may be accepted or disposed, source of waste , special operating conditions,
schedules for compliance for corrective actions, and the issuance of other
applicable permits of the cabinet .
Section 5. Expiration and Renewal of Permits.
(1) The construction/operation permit shall
be issued for no more than ten (10) years. A shorter period may be specified. A
permit -by-rule shall be perpetual until modified or revoked by the cabinet . A
registered permit -by-rule shall be perpetual until modified or revoked by the
cabinet . The site may continue operation past the expiration date of a permit
only if the owner or operator has complied with the requirements of Section 7
of
401
KAR 47:130. For permits of longer than five (5) year
terms issued under this administrative regulation, the cabinet may review the
permit during the term. Issued permits may be reevaluated in accordance with
the requirements of KRS Chapters 47 and 48 including reevaluation of the bond.
After reevaluation of the permit , the cabinet may require modifications of the
permit pursuant to Section 2 of
401 KAR
47:140.
(2) Any solid waste site or facility with an
effective construction or construction/operation permit shall submit an
application for renewal at least 180 days before the expiration date of the
effective permit , unless permission for a later date has been granted in
writing by the cabinet .
(3)
Applications to renew construction and construction/operation permits will be
subject to all requirements of 401 KAR Chapters 47 and 48 upon application
renewal and shall be subject to public notice pursuant to
KRS
224.40-310 and
401 KAR
47:140.
(4) The cabinet , in issuing a renewal, shall
consider whether all conditions of the original permit and modifications of
permit conditions by agreed order or otherwise have been met. The cabinet may
request updated information necessary for reevaluating the permit 's suitability
for reissuance and impose additional or modified permit conditions when deemed
appropriate.
Section 6.
Signatures to Permit Applications and Reports.
(1) Applications. All permit applications and
modifications shall be signed as follows:
(a)
For a corporation, by a responsible corporate officer. For the purpose of this
section, a responsible corporate officer means:
1. A president, secretary , treasurer, or
vice-president of the corporation in charge of a principal business function,
or any other person who performs similar policy or decision making functions
for the corporation; or
2. The
manager of one (1) or more manufacturing, production or operating facilities
employing more than 250 persons or having gross annual sales or expenditures
exceeding $25 million (in second-quarter 1980 dollars); or
(b) For a partnership or sole proprietorship,
by a general partner or the proprietor, respectively; or
(c) For a municipality, state , federal, or
other public agency, by either a principal executive officer or ranking elected
official. For purposes of this section, a principal executive officer of a
federal agency includes:
1. The chief
executive officer of the agency; or
2. A senior executive officer having
responsibility for the overall operations of a principal geographic unit of the
agency.
(2)
Reports. All reports required by permits, and other information requested by
the cabinet , shall be signed by a person described in subsection (1) of this
section, or by a duly authorized representative of that person . A person shall
be a duly authorized representative only if:
(a) The authorization is made in writing by a
person described in subsection (1) of this section;
(b) The authorization specifies either an
individual or a position having responsibility for the overall operation of the
regulated facility or activity, such as the position of plant manager,
superintendent, or position of equivalent responsibility (a duly authorized
representative may thus be either a named individual or any individual
occupying a named position); and
(c) The written authorization is submitted to
the cabinet .
(3) Changes
to authorization. If an authorization under subsection (2) of this section is
no longer accurate because a different individual or position has
responsibility for the overall operation of the facility , a new authorization
satisfying the requirements of subsection (2) of this section shall be
submitted to the cabinet prior to or together with any reports, information, or
applications to be signed by an authorized representative .
(4) Certification . Any person signing a
document under subsections (1) or (2) of this section shall make the following
certification : "I certify under penalty of law that this document and all
attachments were prepared under my direction or supervision in accordance with
a system designed to assure that qualified personnel properly gather and
evaluate the information submitted. Based on my inquiry of the person or
persons directly responsible for gathering the information, the information
submitted is, to the best of my knowledge and belief, true, accurate, and
complete. I am aware that there are significant penalties for submitting false
information, including the possibility of fine and imprisonment for such
violations."
Section 7.
Confidentiality of Information.
(1) Claims of
confidentiality. Any information submitted to the cabinet pursuant to these
administrative regulations may be claimed as confidential by the submitter. Any
such claim shall be asserted at the time of submission in accordance with
KRS
224.10-210 and
400
KAR 1:060. If no claim is made in accordance with
400
KAR 1:060, the cabinet may make the information
available to the public without further notice.
(2) Denial of claims of confidentiality.
Claims that the name and address of any permit applicant or permittee is
confidential shall be denied.
Section
8. General Contents and Application Specifications.
(1) An application for a solid waste permit
shall be on a form provided by the cabinet and contain:
(a) A letter detailing the desired cabinet
action or response;
(b) A table of
contents listing all sections of the submittal; and
(c) Appropriate maps, figures, photographs,
and tables to clarify information or conclusions. All material shall be
legible.
(2) All maps,
plan sheets, drawings, isometrics, cross-sections, and aerial photographs shall
meet the following requirements:
(a) Be of
appropriate scale to clearly show all required detail;
(b) Be numbered, referenced in the narrative,
titled, have a legend of all symbols used, contain horizontal and vertical
scales (where applicable), and specify drafting or origination dates;
(c) Use uniform scales;
(d) Contain a north arrow;
(e) Use USGS data as a reference for all
elevations;
(f) Contain a survey
grid with maximum dimension of 1,000 feet square based on monuments established
in the field which shall be referenced to an established site specific bench
mark;
(g) Show original topography
and the grid system on plan sheets showing construction, operation, or closure
topography; and
(h) Show survey
grid location and reference major plan sheets on all cross-sections.
Notes
STATUTORY AUTHORITY: KRS 224.10-100, 224.40-305
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