Kentucky Administrative Regulations › Title 401 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR ENVIRONMENTAL PROTECTION › Chapter 47 - Solid Waste Facilities › Section 401 KAR 47:170 - Notice of intent to apply for a solid waste permit

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 224.01, 224.10, 224.40, 224.43, 224.99
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
				requirements for a notice of intent to apply for a solid waste permit.
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.