Kentucky Administrative Regulations › Title 401 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR ENVIRONMENTAL PROTECTION › Chapter 47 - Solid Waste Facilities › Section 401 KAR 47:130 - Changes to solid waste permits; expiration of solid waste permits

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 224.01, 224.10, 224.40, 224.43, 224.70,
				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, and 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 changes to permits and expiration of permits.
Section 1. Transfer of Permits. A permit is
			 not transferable to any person without prior approval of the cabinet. New
			 owners or operators shall submit a complete transfer application to the
			 cabinet. After a new permit has been issued to incorporate the new owners or
			 operators, the cabinet shall revoke the existing permit.
Section 2. Modification or Revocation of
			 Permits.
(1) When the cabinet receives any
			 information (for example, if the cabinet inspects the facility, receives
			 information submitted by the permittee as required in the permit under Section
			 1 of
			 401 KAR
			 47:120, receives a request for modification or
			 revocation under Section 2 of
			 401 KAR
			 47:140, or conducts a review of the permit file), the
			 cabinet shall determine whether or not one (1) or more of the causes for a
			 modification or revocation exist as listed in subsection (2) of this section
			 and Sections 3 and 4 of this administrative regulation. If cause exists, the
			 cabinet shall modify or revoke the permit accordingly, and shall request an
			 updated application if necessary. When a permit is modified, only the
			 conditions subject to modification are reopened. If a permit is revoked, the
			 owner or operator may reapply. If cause does not exist, the cabinet shall not
			 modify or revoke the permit. If a permit modification satisfies the criteria in
			 Section 3 of this administrative regulation for minor modifications, the permit
			 shall be modified without a notice to the public. Otherwise, a proposed permit
			 shall be prepared and procedures in
			 401 KAR
			 47:140 followed.
(2) Causes for modification. Paragraphs (a)
			 through (e) of this subsection are causes for modification but not revocation
			 of permits by the cabinet.
(a) Alterations.
			 There are material and substantial alterations or additions to the permitted
			 solid waste site or facility or activity that occurred after permit issuance
			 and which justify the application of permit conditions that are different or
			 absent in the existing permit.
(b)
			 Information. The cabinet has received new information.
(c) Compliance schedules. The cabinet
			 determines good cause exists for modification of a compliance schedule, such as
			 an act of God, strike, flood, materials, shortage, or other events over which
			 the permittee has little or no control and for which there is no reasonably
			 available remedy (see also Section 3 of this administrative regulation on minor
			 modifications).
(d) The cabinet
			 shall modify a permit:
1. When modification of
			 a closure plan is required under 401 KAR Chapter 48;
2. When the cabinet receives notification of
			 expected closure and finds that any of the previous granted permit conditions
			 are no longer warranted;
3. When
			 the cabinet adjusts the level of financial responsibility required;
4. When the corrective action program
			 specified in the permit under 401 KAR Chapter 48 has not brought the regulated
			 unit into compliance with the groundwater protection standards within a
			 reasonable period of time;
5. To
			 include a monitoring program meeting the requirements of
			 401
			 KAR 48:300;
6. When a permit requires a monitoring plan
			 under Section
			 401
			 KAR 48:300, but monitoring data collected prior to
			 permit issuance indicate that the facility is exceeding the groundwater
			 protection standard;
7. To include
			 conditions applicable in new or amended standards or administrative
			 regulations;
8. When modification
			 is necessary to protect human health or the environment; or
9. To include conditions applicable as a
			 result of a hearing or enforcement action as specified in 401 KAR Chapter
			 40.
(e) Notwithstanding
			 any other provision in this section, when a permit is reviewed by the cabinet,
			 the cabinet shall modify the permit as necessary to assure that the facility
			 continues to comply with the currently applicable requirements in 401 KAR
			 Chapters 47 and 48.
(3)
			 Owners or operators of a waste site or facility may request a hearing pursuant
			 to
			 KRS
			 224.10-420 upon modification of the permit by
			 the cabinet.