401 KAR 47:180 - Contents of the administrative application for solid waste landfills
RELATES TO: KRS 224.01, 224.10, 224.40, 224.44, 224.99, 50 C.F.R. Part 424
NECESSITY, FUNCTION, AND CONFORMITY: KRS Chapter 224 requires
the
Section 1.
Objective and General Requirements. The objectives of the administrative
application for solid waste facilities are to allow the cabinet to determine if
the proposed permit is consistent with local solid waste management area
requirements and to review potential effects on human health and the
environment if the proposed landfill is permitted. The information required for
an administrative application for solid waste management facilities includes,
but shall not be limited to, ownership documents, documentation of past
performance, results from the geotechnical investigation specified in the
approved notice of intent to apply for a solid waste permit , and the proposed
design plan. The information provided shall be sufficient to allow the cabinet
to evaluate the data detailing the site characteristics and the proposed design
in the administrative application compared with the requirements for each type
of site or facility , the waste to be disposed, and the ability to meet
environmental performance standards. Information required in the administrative
application shall be submitted to the cabinet in a format approved by the
cabinet and signed in accordance with requirements in Section 6 of 401 KAR
47.160. Design drawings, specifications, and engineering studies shall be
sealed by a professional engineer registered in Kentucky. The contents of the
administrative application contain information that is part of a complete
application as required by
KRS
224.40-310. The contents of the
administrative application shall be accurate and complete at the time the
cabinet makes its preliminary determination to issue a solid waste
permit .
Section 2. Notice of Intent
to Apply. The owner or operator shall state the name of the applicant and list
the date of submittal of the notice of intent to apply for a solid waste permit
as required by
401 KAR
47:170.
Section
3. Compliance with the Area Plan.
(1) The applicant shall describe how the
proposed new solid waste site or facility or expansion to the existing solid
waste site or facility complies with or relates to relevant solid waste
management area plan. If the proposed site or expansion is in an area with an
approved area plan, the cabinet shall review the application for compliance
with the solid waste management area plan. If the proposed facility does not
comply with the approved area plan, the cabinet may deny the permit application
unless a revision or amendment to the plans are completed by the solid waste
management areas and approved by the cabinet .
(2) Modification of facilities. When an
application for a modification to a solid waste site or facility is for an
increase in the quantity of waste , the cabinet may deny the application when
the additional quantity shall reduce the projected operating life to less than
five (5) years. If an application for a modification to a solid waste site or
facility reduces the projected operating life of the site or facility to less
than five (5) years, the cabinet shall notify the affected solid waste
management areas.
Section
4. General Information Requirements.
(1) The applicant is to describe the
potential impact of operating the facility on the following:
(a) Transportation facilities;
(b) Prime agricultural lands; and
(c) Water resources.
(2) Historic properties. The application
shall include a review of the site features or structures of historical
significance.
(3) Endangered or
threatened species . The application shall include an inventory of any federally
listed endangered or threatened species and the habitat critical to any
endangered or threatened species consistent with the requirements of 50 CFR
Part 424 as of October 1984.
(4)
Variances. The applicant shall describe any anticipated variance requests
pursuant to Section 2 of
401 KAR
30:020, including the administrative regulation from
which relief is sought. The variance request shall describe the ability of the
applicant to meet the environmental performance standards of
401 KAR
47:030 if the variance is granted.
(5) The applicant shall provide a statement
that the facility complies with any local planning and zoning laws.
(6) The applicant shall provide a statement
that the proposed facility does not conflict with the solid waste management
area plan(s) or requirements of the district or county.
(7) The applicant shall provide a copy of the
deed to the property and a copy of the lease or proposed lease showing a thirty
(30) year right of reentry following closure of the facility if the landowner
is not the applicant. The proposed lease or option shall be executed prior to
permit issuance. The applicant shall also provide the names of the owners of
mineral rights beneath the property.
(8) The applicant shall provide a statement
that describes what assistance the local fire district shall provide.
Section 5. Topographic Map and
Site Information. The administrative application shall contain:
(1) An existing conditions topographic map at
a suitable scale to depict the anticipated buffer zones and limits of waste on
an engineering drawing twenty-four (24) inches by thirty-six (36) inches. The
contour intervals on the map shall be two (2) feet. The map shall clearly show
the following:
(a) Legend with a bar scale,
date of preparation, and last update;
(b) Orientation of the map (north
arrow);
(c) 100 year flood plain
area and, if applicable, floodway ;
(d) Surface waters, including ephemeral,
intermittent and perennial streams;
(e) Surrounding land uses (residential,
commercial, agricultural, recreational, etc.). For areas with zoning, the land
use map shall conform to the local zoning agency's land use mapping
system;
(f) A wind rose (i.e.,
prevailing wind-speed and direction);
(g) Property lines;
(h) The location of areas which are proposed
to be excavated to obtain earthen material for the construction of the facility
and for cover material ;
(i) The
zones that reflect the area of expected subsidence or critical draw if
subsurface mines, caves or excavations subside;
(j) Proposed limits of the waste ;
(k) The actual elevation referenced to a
United States Geological Survey mean sea level datum and location of test
borings and core samplings;
(l)
Injection and withdrawal wells;
(m)
Any existing structures; and
(n)
Alternate map and drawing scales may be approved by the cabinet .
(2) Site information. The
applicant shall provide the following information regarding the potential site :
(a) Total acres of site ;
(b) Acres of the site to be designed for
disposal areas;
(c) Approximate
waste volume based on a minimum of four (4) equally spaced
cross-sections;
(d) Planned life of
facility ;
(e) A description of
title, deed, or usage restrictions affecting the proposed permit area including
a scaled drawing showing the current boundaries of all property proposed for
development and buffer zones, and the ownership of these properties and all
adjacent property; and
(f) The
presence of any abandoned, reclaimed, active or inactive surface or subsurface
mines or natural caves on the site .
Section 6. Geologic and Hydrogeologic
Information.
(1) The administrative
application shall include the following geologic information:
(a) A description of the type, texture,
thickness and range in thickness of unconsolidated materials;
(b) A description of the regional bedrock
geologic structure to include the regional stratigraphic strike and dip, the
locations and attitudes of regional faults and folds and regional jointing
trends;
(c) A description of the
site specific geologic structure to include site specific stratigraphic strike
and dip, the locations and attitudes of any faults or folds intersecting the
site and the attitudes and spacing of joints;
(d) A brief description of the influence that
fracture zones have on the movement of infiltrated water and
groundwater ;
(e) A minimum of two
(2) geologic cross sections, using published data, bedrock outcrops and rock
core boring information which shall be depicted on scaled drawings with
vertical exaggeration, to adequately illustrate the geology of the site . The
cross sections shall include:
1. The seasonal
high groundwater table ; and
2. Rock
outcrop occurrences.
(f)
A list of any extractable coal seams or other minerals beneath the
site ;
(g) A description of any
active or inactive deep mines located beneath the site or within 1,500 feet of
the site including depth to mined area , aerial extent of mined area and type of
minerals mined (if coal, give the names of seams); and
(h) A map depicting the property, the
proposed limits of waste and the area at least 1,500 feet from the limits of
waste at a scale of one (1) inch equals 400 feet that shows the following:
1. Geologic units and rock outcrop
occurrences;
2. Surface
depressions, sinkholes and spring occurrences;
3. Location of wells used for water
withdrawal and injection of fluids;
4. Location of rock core borings;
and
5. Surface contours.
(2) The administrative
application shall include the following hydrogeologic characterization:
(a) The hydrologic characteristics of the
uppermost aquifer and the geologic units hydraulically connected to it,
including field test data for hydraulic conductivity, storage coefficient and
transmissivity, and groundwater hydraulic gradient and velocity. The
description of these characteristics shall be based on multiple well aquifer
tests, piezometer nest evaluation, core evaluation and other appropriate
methods approved by the cabinet . In karst environments both diffuse and
discrete flow conditions shall be characterized. The water quality
characterization as specified in Section 11 of
401
KAR 48:300 shall be included. The application shall
include data and the procedures and calculations used to determine these
characteristics;
(b) Tracer
studies. Where sites overlie fractured bedrock, weathered limestone or dolomite
bedrock or where karst environments cannot be avoided, the cabinet may require
tracer studies before finalizing the groundwater monitoring plan; and
(c) A survey and listing of residential
springs and water wells within one (1) mile of the proposed waste boundaries.
The survey shall determine the location of springs and wells which shall be
shown on a map with their approximate elevation and depth, name of owner , age
and usage of the spring or well , stratigraphic unit that the spring is located
in or is constructed in, well construction, static well levels, spring or well
yield, perceived water quality, and any other relevant data which can be
obtained.
Section
7. Soils Information. The administrative application for a solid
waste landfill shall contain a soils inventory consisting of a description of
the total volume and source of borrow material available, and total estimated
volume and source of required daily cover, interim cover, long term cover,
final cover, and low permeability soils required by
401
KAR 48:060,
401 KAR
48:070,
401
KAR 48:080,
401 KAR
48:090, and
401 KAR
48:170. The administrative application shall include
the following soils data as determined by the approved site investigation:
location, depth, thickness, classification of soils for engineering purposes,
particle size distribution, atterburg limits, optimum moisture, permeability,
and recoverable volume in compacted cubic yards for each soil classification
and permeability. The administrative application shall include a map at a scale
of one (1) inch equals 400 feet depicting the distribution of the soils that is
keyed to a list of the soils by engineering classification. The approximate
volume and depth of each type of soil shall be recorded on the map.
Section 8. Siting Restrictions and Design
Report for Landfills. The administrative application for landfills shall
contain a report describing the design the applicant proposes for the facility
to meet the siting, design and operating requirement restrictions in
401 KAR
47:030,
401 KAR
48:050,
401
KAR 48:060,
401 KAR
48:070,
401
KAR 48:080,
401 KAR
48:090
401 KAR
48:170 and be consistent with Section 4 of this
administrative regulation. The report shall include a description of the
engineering drawings to be developed by type and the proposed scale for each.
The report shall include the proposed points of compliance as required in
accordance with
401
KAR 48:300, Section 3. The design report shall address
the proposed liner and cap design.
Section
9. Executive Summary. The administrative application shall include
an executive summary pursuant to
KRS
224.40-310.
(1) The written portion of the executive
summary shall be in a format that may be understood by the average citizen and
shall contain:
(a) The applicant's name and
address;
(b) Directions to the
site ;
(c) Zoning
requirements;
(d) Purpose of the
application ;
(e) Type of landfill ,
i.e., construction/demolition debris, residual, or contained;
(f) Acreage of the property and the area to
be filled;
(g) Volume of fill
stated in cubic yards;
(h) Source
of waste by county or facility as appropriate, both in-state and
out-of-state ;
(i) A description of
all waste , other than residential, to be disposed at the site ;
(j) Anticipated operating life of the
proposed landfill site reported in years;
(k) A description and the source of soils to
be used for liner , cover material , and other purposes;
(l) General geology, i.e., limestone, coal
field, etc., of the proposed site area ;
(m) A description of the groundwater
resources (aquifers and flow patterns);
(n) Approximate depth to groundwater and
general groundwater use in the area ;
(o) A description of surface water control
measures;
(p) A description of the
liner and cap;
(q) Leachate
management methodology to include treatment and or disposal ; and
(r) Any other information considered to be
pertinent to the public interest or of concern to the solid waste management
planning area , the applicant, or the cabinet .
(2) An area map, twenty-four (24) inches by
thirty-six (36) inches, shall be provided depicting the proposed development
plan. The map shall be prepared to include the facility plus 1,500 feet from
the boundary of the proposed waste cells. The map shall show the following:
(a) Major highways and features;
(b) Site boundaries and waste
limits;
(c) Adjacent land use and
zoning;
(d) Any water supply intake
shall be either shown or noted;
(e)
Federally listed endangered and threatened species or candidate species and
their habitat as identified by the Kentucky Nature Preserves Commission and the
Kentucky Department for Fish and Wildlife Resources;
(f) The direction of groundwater
flow;
(g) Location of groundwater
users; and
(h) Property boundaries
where they occur on the map showing the adjacent land owner 's name.
(3) Graphics or engineering
drawings shall be provided to show the following:
(a) Proposed landfill site prior to
development;
(b) Anticipated
landfill units and phases;
(c)
Environmental protection measures including liners, cap, groundwater
monitoring , surface water monitoring , silt ponds, etc.;
(d) Geologic setting of the site ;
and
(e) Proposed site
entrance.
Section
10. Ownership Information. The administrative application shall
contain a showing of the past compliance record for both the applicant and any
other individual or entity designated to own or operate the facility by
submitting the following:
(1) Organizational
structure;
(a) If the applicant is a
proprietorship, the applicant shall provide a detailed listing of:
1. The proprietors and their respective
interests, whether ownership or otherwise; and
2. Any partnerships (general or limited),
joint venture, or corporation in which the applicant holds a twenty-five (25)
percent or more interest (whether ownership or otherwise);
(b) If the applicant is a partnership, either
general or limited, the applicant shall provide a detailed listing of:
1. Each of the partners and their respective
interests, whether ownership or otherwise;
2. Any corporation, joint venture,
partnership (general or limited), or proprietorship in which any of the
constituent partners of the applicant holds twenty-five (25) percent or more
interest (whether ownership or otherwise); and
3. Any corporation, joint venture,
proprietorship, or partnership (general or limited) which holds a twenty-five
(25) percent or more interest (whether ownership or otherwise) in any of the
nonindividual constituent partners comprising the applicant;
(c) If the applicant is a
corporation, the applicant shall provide a detailed listing of:
1. The officers, directors, and major
stockholders;
2. Any corporation of
which the applicant is either a subsidiary or which holds twenty-five (25)
percent or more interest (either in stock or assets) in the
applicant;
3. Any corporations
which are either subsidiaries of the applicant or in which the applicant holds
a twenty-five (25) percent or more interest (either in stock or assets);
and
4. Any proprietorship,
partnership (general or limited), or joint venture in which the applicant holds
a twenty-five (25) percent or more interest, whether ownership or
otherwise;
(d) If the
applicant is a joint venture, a detailed listing of:
1. All other joint ventures, and the
respective interests (whether ownership or otherwise) of each; and
2. Any proprietorship, partnership (general
or limited), joint venture or corporation in which the applicant holds a
twenty-five (25) percent or more interest (whether ownership or otherwise);
and
(2) For
every individual or other entity listed in subsection (1) of this section, a
detailed listing of violations of federal or state laws, rules or
administrative regulation, whether judicial or administrative, where
proceedings are completed and have resulted in criminal convictions or civil or
administrative fines as much as or more than $1000. The status of any pending
action, whether judicial or administrative, shall also be submitted. This
subsection shall apply to the requirements of the Clean Air Act (1955) as
amended through December 1987, the Clean Water Act (1977) as amended through
November 1988, the Surface Mine Reclamation Act (1977) as amended through July
1987, the Resource Conservation and Recovery Act (1976) as amended through
November 1988, the Occupational Safety and Health Act (1970) as amended through
November 1984, KRS Chapter 224, KRS Chapter 350 and KRS Chapter 352;
and
(3) For each and every
individual or other entity listed in subsection (1) of this section, a current
financial statement prepared by a certified public accountant.
Notes
STATUTORY AUTHORITY: KRS 224.10-100, 224.40-305
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