401 KAR 47:170 - Notice of intent to apply for a solid waste permit
RELATES TO: KRS 224.01, 224.10, 224.40, 224.43, 224.99
NECESSITY, FUNCTION, AND CONFORMITY: KRS Chapter 224 requires
the
Section 1. The Objectives and Requirements of
the Notice of Intent to Apply for a Solid Waste Permit . All applicants for a
solid waste permit shall submit a notice of intent to apply for a solid waste
permit that shall contain the information specified in Section 2 of this
administrative regulation. An applicant for a solid waste construction/
demolition debris, contained, or residual landfill permit shall additionally
submit the geotechnical information contained in Section 3 of this
administrative regulation. An applicant for a landfarming permit shall submit a
notice of intent to apply for a solid waste permit in accordance with
401 KAR
48:200. The notice of intent to apply for a solid
waste permit makes the cabinet aware of the potential location for a new site
or site expansion; allows for review of existing information for suitability of
the site relative to
401 KAR
47:030,
401
KAR 47:100, and 401 KAR Chapter 48; allows for review
and approval of the proposed field investigations to supplement the existing
information; allows the cabinet to determine the relationship of a proposed
facility to the approved solid waste management area plan; and identifies any
provisions of local government that pertain to the proposed facility . The
notice of intent to apply contains information that is part of a complete
application as required by
KRS
224.40-310.
Section 2. Notice of Intent to Apply for a
Solid Waste Permit . All notices of intent to apply for a solid waste permit
shall include the following information:
(1)
The management, processing, or disposal activities that require a solid waste
permit under KRS Chapter 224;
(2)
The name and mailing address of the proposed facility ;
(3) The location, including latitude and
longitude, of the center of the proposed waste disposal area (s);
(4) A list of the anticipated sources that
generate wastes to be disposed at the site ;
(5) For industrial facilities seeking a
permit , the major applicable United States Department of Commerce Standard
Industrial Classification Codes (SIC) and a description of the process in
sufficient detail to allow determination of the materials used for production
and the resultant chemical, physical, and hazardous character of the wastes.
Hazardous waste characterization shall be consistent with 401 KAR Chapter
31;
(6) The operator 's name,
address, and telephone number;
(7)
The name, address, and telephone number of the owner of the property and a copy
of the current deed to the property;
(8) Written directions to the site , using
roads or highways, from a commonly known landmark;
(9) A general county highway map eleven (11)
inches by fourteen (14) inches as published by the Kentucky Transportation
Cabinet for the county showing the location of the proposed site ;
(10) A description of the portions of the
property to be used for waste management, processing, or disposal to include
the area in acres, and anticipated peak capacity; and average rate of operation
in cubic yards and tons per day;
(11) The source by county or facility as
appropriate; the chemical, physical, and biological characteristics of the
solid wastes to be managed at the facility ; an estimate of the quantity of such
wastes to be managed annually; and a general description of the methods of
management for each waste ;
(12) A
listing of all permits or construction approvals anticipated, applied for, or
received under any of the following programs that relate specifically to the
proposed facility ;
(a) Solid and Hazardous
Waste Management Program under the Resource Conservation and Recovery Act and
KRS Chapter 224 as specified in 401 KAR Chapters 30 through 48;
(b) Underground Injection Control Program
under the Safe Drinking Water Act; and
(c) NPDES Program under the Clean Water Act,
or the KPDES Program under KRS Chapter 224 as specified in
401 KAR
5:050 through 401 KAR 5:085;
(13) For existing facilities, the following
additional information shall be included:
(a)
A drawing of the facility showing the location of all past, present, and
proposed future waste management areas;
(b) Photographs of the facility clearly
delineating all existing structures, existing waste management areas, primary
operating components, and sites of future waste management;
(c) A report describing the permitting and
compliance history that relates to the existing sites and the owner 's abilities
to meet the environmental performance standards of
401 KAR
47:030. This report shall include the financial
requirements to modify the site or facility to meet the environmental
performance standards;
(d) A
written description of compliance with the Prevention of Significant
Deterioration (PSD) program under KRS Chapter 224 as specified in
401
KAR 51:017;
(e) A written description of compliance with
the nonattainment program under KRS Chapter 224 and as specified in
401
KAR 51:052;
(f) Water quality certification as required
by Section 401 of the Clean Water Act;
(g) All permits issued for mineral or coal
extraction under the Surface Mining and Reclamation Act and KRS Chapter 350;
and
(h) Other relevant
environmental permits.
(14) A review of all pertinent published
information pertaining to the proposed solid waste site or facility concerning
federally protected threatened and endangered species and their critical
habitat, historical properties, archaeological sites, and wetlands ;
and
(15) Any other information that
may be required to determine that the respected permit conforms to the
requirements for solid waste sites or facilities.
Section 3. Geotechnical Information. The
notice of intent to apply for a solid waste landfill permit shall contain a
geotechnical report and site investigation plan including:
(1) An original current USGS seven and
one-half (7.5) minute topographic quadrangle map showing the proposed waste
boundaries and the property boundaries. The map shall show the following items
that are located within one (1) mile of the proposed waste boundary :
(a) All surface water intake and discharge
structures;
(b) All waste
management, processing, or disposal facilities;
(c) All wells where fluids are injected
underground; and
(d) All wells,
springs, ephemeral, intermittent, and perennial streams, other surface water
bodies, and drinking water wells.
(2) A review of all pertinent existing and
published information pertaining to:
(a)
Geology (karst features, structural features, and lithologic
description);
(b) Hydrogeology of
the groundwater resources and aquifers that shall be monitored;
(c) Hydrology (streams, wetlands and, other
surface water bodies); and
(d)
Caves and excavations including mined or quarried areas;
(3) A written plan addressing the
determination of specific requirements of
401 KAR
47:030,
401
KAR 47:180,
401 KAR
48:050 through
401
KAR 48:080, and
401 KAR
48:170 as appropriate;
(4) A rock core boring plan that shall:
(a) Provide the data needed to evaluate the
geologic features to the level of the first confining layer below the uppermost
aquifer , and all geologic units hydraulically connected to the uppermost
aquifer ;
(b) Provide the data
needed to determine the features of the liner system for the appropriate
landfill class;
(c) Provide data to
describe the site geology, the local aquifers that are hydrogeologically
associated with the site , and the transmissivity of the aquifers; and
(d) Include relevant field data and
appropriate test methods for determining hydrogeologic parameters;
(5) A soil boring plan that shall
address the field and laboratory methods to be used. The soil boring plan shall
include:
(a) The procedures to be used for
field observations during solid borings and the criteria for selecting soils to
be examined in the laboratory and a procedure for all soil borings to be field
classified by a person qualified to make distinctions on characteristics
relative to the engineering classification of soils;
(b) An analysis plan for at least one (1)
soil sample for each soil type within each soil examination block. Each soil
examination block shall be no larger than 1000 feet by 1000 feet and include a
narrative describing the soils to be selected for laboratory examination using
a test method approved by the cabinet ; and
(c) The proposed depth of soil borings and
their depth relationship to the limits of proposed excavation.
(6) Directions for closure of the
rock core borings using grout and closure of the soil borings. The closure of
the investigative excavations shall be acknowledged in writing by a qualified
engineering geotechnical investigation professional;
(7) The methods and accuracy to be used to
determine the location of the rock core borings and the soil borings during the
subsurface investigation;
(8) A
site geotechnical investigation map prepared at a scale of one (1) inch equals
400 feet showing the limits of all areas that may be used for soil borrow or
waste disposal , site topography, and the USDA SCS soil group mapping. The site
map shall have the following shown:
(a) A
regular grid (soil examination block) of 1,000 feet by 1,000 feet
spacing;
(b) USDA SCS soil
groups;
(c) Within each soil
examination block of the grid, the placement of at least one (1) soil boring
for each soil type; and
(d)
Additional soil boring locations such that a minimum of nine (9) soil borings
shall be taken in each soil examination block.
(9) A procedure for written documentation
when the location of actual subsurface excavations (borings or corings) are
adjusted in the field. The adjusted excavation locations shall achieve the
criteria of this section and shall be subject to concurrence by the
cabinet ;
(10) Additional
information for each classification of landfill as outlined below:
(a) For construction/demolition debris
landfills, the geotechnical investigation map shall be annotated to show the
proposed location of a minimum of three (3) rock core borings. The number and
placement of the rock core borings shall be determined based on the size and
geologic complexity of the site ;
(b) For contained landfills, the geotechnical
investigation map shall show the proposed location of a minimum of four (4)
rock core borings. For sites with more than fifty (50) acres, an additional
rock core boring shall be required for each additional twenty-five (25) acres
or part thereof. The placement of the rock core borings shall be dependent on
site geologic features of the proposed site . Additional rock core borings may
be required for sites with complex geologic attributes; and
(c) For residual landfills, additional
geotechnical information or samples may be required; and
(11) Other informational sources to be
researched for site specific attributes. The sources shall include, at a
minimum, surface mining permits, subsurface excavation and mining permits, and
records of the Kentucky Geologic Survey and the Kentucky Department of Mines
and Minerals.
Notes
STATUTORY AUTHORITY: KRS 224.10-100, 224.40-305
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