Kentucky Administrative Regulations › Title 401 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR ENVIRONMENTAL PROTECTION › Chapter 47 - Solid Waste Facilities › Section 401 KAR 47:110 - Registered permit-by-rule

Current through Register Vol. 51, No. 1, July 1, 2024
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 cabinet to promulgate administrative regulations for the
				management, processing, and disposal of wastes.
				KRS
				224.40-305 requires that persons engaging in
				the management, processing, and disposal of waste obtain a permit. This
				administrative regulation establishes requirements for registered
				permits-by-rule and the standards for the certification program.
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.