KRS 224.40-310: Definition of "waste disposal facility" -- Requisites for issuance of

permits -- Necessity of approval of hazardous waste facilities by local units of

government -- Exceptions -- Procedures for applications to construct solid

waste landfills.

(1) For purposes of this section, "waste disposal facility" means a contained landfill;

construction/demolition debris landfill except for a landfill for the disposal of sand,

soil, rock, gravel, bridge debris, and other materials extracted as part of a public

road construction project funded wholly or in part with state funds; residual landfill;

solid waste incinerator; waste -to-energy facility; or a hazardous waste incinerator,

landfill, or other site or facility for the land disposal of hazardous waste.

(2) No permit to construct or expand, when the expansion results in substantial

additional capacity, a waste disposal facility shall be issued until a complete

application has been submitted to and approved by the cabinet and notice of the

application has been published, as provided for in subsections (4) and (5) of this

section, at the expense of the applicant in a manner reasonably calculated to inform

that portion of the public which is most likely to be affected by the operation of the

proposed waste disposa l facility. The publication shall take place after the cabinet

has determined the application to be technically complete and issued a draft permit.

(3) For a permit application to construct a solid waste landfill or a permit application to

expand, when the expansion results in substantial additional capacity, an existing

solid waste landfill, the cabinet shall, upon first receiving the applications require

immediately the general public notice provided for in subsections (4) and (5)(a) to

(d) of this sectio n and upon determining that the application is administratively

complete and at the time technical review begins, give special notice of the

application to the county judge/executive or mayor of an urban -county government

and members of the fiscal court or urban-county council of the county or urban -

county government in which the landfill is or will be located. The special notice

shall be in the form of an executive summary of the application. Also, at the time

technical review begins, the cabinet shall aga in require the general public notice

provided for in subsections (4) and (5)(a) to (d) of this section with the additional

information that the executive summary shall be available from the office of the

county judge/executive or mayor of an urban-county government. Upon request by a

county judge/executive, mayor of an urban -county government, or a member of

fiscal court or an urban-county council, the cabinet shall explain the application in a

manner that is complete and expeditious. The cabinet shall noti fy the county

judge/executive or mayor of an urban -county government if there will not be a

public hearing on the applications. If there will be a public hearing, the cabinet shall

notify the county judge/executive or mayor of an urban -county government fifteen

(15) days prior to the hearing date.

(4) At a minimum, publication shall be made at least once by advertisement in a daily

or weekly newspaper of general circulation in the locality where the proposed waste

disposal facility is to be located.

(5) The contents of the public notice of an application shall include the following:

(a) The name and address of the applicant;

(b) A brief description of the activity for which a permit is being sought;

(c) A description of the proposed location including a desc ription of the primary

access routes;

(d) The name and address of this cabinet; and

(e) The following statement: "Any person who may be aggrieved by the issuance

of a permit for this proposed waste disposal facility may file with the cabinet a

petition which sets forth the grounds of the objection and demand a hearing

pursuant to KRS 224.10-420(2)." Such hearing shall be held within the county

where the waste disposal facility is proposed.

(6) No permit to construct or expand, when the expansion results in substantial

additional capacity, a waste disposal facility shall be issued until at least thirty (30)

days have expired following publication of the application. The applicant for a

permit shall establish the date of publication by a verified affidavit fro m the

newspaper which publishes the advertisement. If a hearing is requested, no permit

to construct or expand, when the expansion results in substantial additional

capacity, a waste disposal facility shall be issued prior to a final order of the

secretary. In the case of hazardous waste incinerators, landfills, and other sites or

facilities for the land disposal of hazardous waste, no permit shall be approved or

issued prior to notification of the cabinet by the local unit of government of its

actions pursuant to subsection (7) of this section.

(7) The fiscal court of the county, urban -county government, or governing body of an

incorporated municipality wherein a hazardous waste incinerator, landfill, or other

site or facility for the land disposal of hazar dous waste is proposed, shall conduct a

public hearing after public notice has been given in accordance with KRS Chapter

424 and shall vote to approve or disapprove the hazardous waste incinerator,

landfill, or other site or facility for the land disposal of hazardous waste within

thirty (30) days after the hearing described in subsections (5) and (6) of this section.

If no hearing is requested under the provisions of subsections (5) and (6) of this

section, the fiscal court, urban -county government, or gov erning body of an

incorporated municipality, shall conduct a public hearing and vote to approve or

disapprove the hazardous waste incinerator, landfill, or other site or facility for the

land disposal of hazardous waste within sixty (60) days following publication of the

application. In making a determination the fiscal court, urban -county government,

or governing body of an incorporated municipality shall consider the social and

economic impacts of the proposed hazardous waste incinerator, landfill, or oth er

site or facility for the land disposal of hazardous waste on the affected community,

including changes in property values, community perception, and other psychic

costs; costs and availability of public services, facilities, and improvements required

to support the incinerator, landfill, or other site or facility and protect public health,

safety, and the environment; and the relationship of the proposed hazardous waste

incinerator, landfill, or other site or facility for the land disposal of hazardous w aste

to local planning and existing development. After a fiscal court, urban -county

government, or governing body of an incorporated municipality has voted to

approve or disapprove a hazardous waste incinerator, landfill, or other site or

facility for the land disposal of hazardous waste, the court, urban -county

government, or governing body of an incorporated municipality shall so notify the

cabinet in writing within ten (10) days. If a hazardous waste incinerator, landfill, or

other site or facility for t he land disposal of hazardous waste is disapproved by the

court, urban -county government, or governing body of an incorporated

municipality, the reasons for disapproval shall be set forth clearly and concisely,

and recorded in the minutes. No permit shall be issued by the cabinet if a fiscal

court, urban-county government, or governing body of an incorporated municipality

disapproves the hazardous waste incinerator, landfill, or other site or facility for the

land disposal of hazardous waste in the manner prescribed herein.

(8) Upon first receiving a permit application to modify a solid waste landfill by

reducing or eliminating any term or condition pertaining to the liner system, the

cabinet shall require immediately the general public notice provided for i n

subsections (4) and (5) of this section.

(9) The provisions of subsection (7) of this section shall not apply to:

(a) A proposed regional integrated waste treatment and disposal demonstration

facility and any on -site remedial action facility authorized pursuant to the

Comprehensive Environmental Response, Compensation, and Liability Act of

1980, as amended;

(b) An existing hazardous waste incinerator having all required permits or

authorizations as of March 4, 1988, but subsection (7) of this section shall

apply to any incinerator unit proposed for construction at an existing facility

for which construction commenced after March 4, 1988, and to proposed

hazardous waste incinerators for which a permit application has been filed but

has not been issued as of March 4, 1988; and

(c) On-site incineration of hazardous waste by the generator of the waste at the

site of the waste generation including waste generated at another facility

owned and operated by that generator or wholly-owned subsidiary.

(10) An application to construct a solid waste landfill shall consist of three (3) parts: a

notice of intent to apply for a solid waste permit; an administrative application; and

a technical application. Nothing in this section shall prohibit an applicant fr om

submitting more than one (1) part at one (1) time.

(a) An applicant proposing to construct a solid waste landfill shall submit to the

cabinet a notice of intent to apply for a solid waste permit. The notice of intent

shall contain information specified by the cabinet. The cabinet shall within

thirty (30) working days of receipt notify the applicant by certified mail, return

receipt requested, of the approval or disapproval of the applicant's notice of

intent. If the notice of intent is not complete, the cabinet shall state in writing

the information necessary to complete the notice of intent and the thirty (30)

day time period shall be tolled until such time as the applicant responds. The

cabinet shall notify the applicant of the approval or disapproval o f the

applicant's notice of intent by certified mail, return receipt requested. If the

cabinet disapproves a notice of intent to apply for a solid waste permit, it shall

state in writing its reasons for the disapproval.

(b) The applicant shall submit an ad ministrative application for a solid waste

landfill consistent with the notice of intent to apply for a solid waste permit.

The administrative application shall contain information specified by the

cabinet. The cabinet shall within sixty (60) working days of receipt notify the

applicant by certified mail, return receipt requested, of the approval or

disapproval of the applicant's administrative application. If the administrative

application is not complete, the cabinet shall state in writing the information

necessary to complete the administrative application and the sixty (60) day

time period shall be tolled until such time as the applicant responds. The

cabinet shall notify the applicant of the approval or disapproval of the

applicant's administrative appl ication by certified mail, return receipt

requested. If the cabinet disapproves an administrative application to apply for

a solid waste permit, it shall state in writing its reasons for the disapproval.

(c) The applicant shall submit a technical applicati on for a solid waste landfill

consistent with the administrative application. The technical application shall

contain information specified by the cabinet. The cabinet shall within ninety

(90) working days of receipt notify the applicant by certified mail, return

receipt requested, of the approval or disapproval of the applicant's technical

application. If the technical application is not complete, the cabinet shall state

in writing the information necessary to complete the technical application and

the ninety (90) day time period shall be tolled until such time as the applicant

responds. The cabinet shall notify the applicant of the approval or disapproval

of the applicant's technical application by certified mail, returned receipt

requested. If the cabinet disapproves a technical application to apply for a

solid waste permit, it shall state in writing its reasons for the disapproval.

(d) The permit review process, from the date of receipt of the notice of intent to

the date the cabinet issues a draft permit to construct a solid waste landfill, or

denies the application, shall not exceed three hundred sixty -five (365)

calendar days, unless the cabinet and applicant agree otherwise. Failure of the

cabinet to either issue a draft permit, or deny the application , within three

hundred sixty-five (365) calendar days shall be deemed an order appealable

pursuant to the provisions of KRS 224.10-420.

(e) If the cabinet does not request additional information or notify the applicant of

the disapproval of the notice of i ntent or administrative application for a solid

waste landfill within the time periods specified in this subsection, that portion

of the application under review shall be deemed complete and approved,

unless the cabinet and applicant agree otherwise.

(11) During construction of a liner system in a solid waste landfill, the cabinet shall

periodically conduct inspections to verify that construction is being made in

accordance with administrative regulations adopted by the cabinet and conditions

contained in the permit. Except as otherwise provided in this section, the permittee

shall not commence installation of any synthetic liner prior to a final inspection of

any soil liner. The cabinet shall respond to any request for an inspection within two

(2) working d ays of the request. If the cabinet fails to inspect within two (2)

working days, the permittee may proceed to the next phase of construction,

including installation of a synthetic liner, after submitting certification from a

registered professional engineer that construction has been completed in accordance

with applicable regulations and permit conditions. All inspections conducted for the

cabinet shall be performed by a professional engineer registered in Kentucky.

(12) An applicant who is issued a permit to construct or expand, when the expansion

results in substantial additional capacity, a solid waste landfill shall be issued a

permit to operate in the areas included under the construction permit without further

action when:

(a) The applicant submits a certification by an engineer registered in Kentucky

that the liner system and facilities are constructed in accordance with the

approved plans and specifications;

(b) A registered professional engineer for the cabinet inspects the facility and

verifies in writing within ten (10) days of the submission of the engineer

certification that the facility has been developed according to plans and that

necessary equipment is available to operate the facility; and

(c) The required financial responsibility for closur e has been established using

any of the mechanisms required by KRS 224.40-650 in an amount determined

by an approved closure plan and cost estimate.

(13) A permit issued pursuant to this section shall carry with it the right of successive

renewal upon expiration with respect to areas within the boundaries of the existing

permit. The permittee may request renewal and such renewal shall be issued unless

it is established and written findings are made by the cabinet that:

(a) The terms and conditions of the ex isting permit, this chapter, or applicable

administrative regulations adopted by the cabinet are not being satisfactorily

met;

(b) The permittee has not provided evidence that any performance bond in effect

will continue in full force and effect for any re newal requested as well as any

additional bond the cabinet might require;

(c) Any additional revised or updated information required by the cabinet has not

been provided.

(14) Any permit renewal shall be for a term not to exceed the period of original perm it.

Application for permit renewal shall be made at least one hundred eighty (180) days

prior to the expiration of the existing permit. At the time of filing an application for

permit renewal, the cabinet shall publish a notice in a daily or weekly newspap er of

the largest circulation in the county where the solid waste landfill is located. The

notice shall include the following:

(a) The name and address of the applicant;

(b) Identification of the permit for which the renewal is sought; and

(c) A statement informing the public of a thirty (30) day period in which public

comments may be submitted to the cabinet on whether the renewal of the

permit should be approved pursuant to subsection (13) of this section.

(15) The cabinet shall not adopt any regulation o r standard or allow any exemption

which applies to privately -owned solid waste management facilities more

stringently than it applies to publicly - or municipally -owned solid waste

management facilities.