Kentucky Administrative Regulations › Title 401 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR ENVIRONMENTAL PROTECTION › Chapter 47 - Solid Waste Facilities › Section 401 KAR 47:180 - Contents of the administrative application for solid waste landfills

Current through Register Vol. 51, No. 1, July 1, 2024
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 cabinet to adopt rules and administrative regulations for the management,
				processing or disposal of wastes.
				KRS
				224.40-305 requires that persons engaging in
				the management, processing or disposal of waste obtain a permit. This chapter
				establishes the permitting standards for solid waste sites or facilities, the
				standards applicable to all solid waste sites or facilities, and the standards
				for certification of operators. An overview of the permit program is found in
				Section 1 of
				401 KAR
				47:080. This administrative regulation sets forth the
				general contents of the administrative application for solid waste landfills
				excluding landfarming.
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.