KRS 224.40-330: Disclosure of background information -- Effect on permit --

Exemptions -- Cabinet's authority to establish other grounds.

(1) The cabinet may revoke, modify, suspend, or deny a permit for a waste site or

facility if the applicant, or any of its key personnel, has:

(a) Intentionally misrepresented or concealed any material fact in the application;

(b) Obtained or attempted to obtain the permit by misrepresentation or

concealment;

(c) Been convicted by final judgment of any felony within five (5) year s

preceding the filing of the application;

(d) Been adjudged by an administrative agency or a court to have violated the

environmental protection laws or administrative regulations of the United

States, the Commonwealth, or any other state, and the cabinet determines that

the conviction or adjudication is sufficiently probative of the applicant's

inability or unwillingness to operate the facility in a lawful manner as to

warrant revocation, modification, suspension, or denial of the permit. In

making the determination, the cabinet shall consider:

1. The nature and details of the acts attributed to key personnel;

2. The degree of culpability of the applicant, if any;

3. The applicant's policy or history of discipline of key personnel for such

activities;

4. Whether the applicant has substantially complied with all rules,

administrative regulations, permits, orders, and statutes applicable to the

applicant's activities in Kentucky;

5. Whether the applicant has implemented formal management controls to

minimize and prevent the occurrence of these violations; and

6. Mitigation based upon demonstration of good behavior by the applicant,

including prompt payment of damages, cooperation with investigations,

termination of employment or other relationship with key per sonnel or

other persons responsible for the violations, or other demonstrations of

good behavior by the applicant that the cabinet finds relevant to its

decision.

(2) (a) Before an application for the issuance, renewal, or transfer of a permit for a

solid waste management facility may be granted or before there is a change in

key personnel of the applicant, the applicant and each person who is a key

personnel of the applicant shall submit to the cabinet a disclosure statement

that meets the requirements set forth in subsection (2)(b) of this section and is

executed under subsection (2)(c) of this section.

(b) In a disclosure statement required under this section, the applicant shall set

forth the following information:

1. The name, business address, and Social Security number of the applicant

and its key personnel;

2. A description of the applicant's and its key personnel's experience in

managing solid and hazardous waste including any past or present

permits or licenses he ld by the applicant or its key personnel within the

previous five (5) years;

3. A description of all civil and administrative complaints against the

applicant and its key personnel for the violation of any state or federal

environmental protection law that:

a. Have resulted in a fine or penalty of more than one thousand

dollars ($1,000) within five (5) years before the date of the

submission of the application; or

b. Allege an act or omission that constitutes a violation of a state or

federal environmental protection law and that presented a

substantial endangerment to the public health or the environment;

4. A description of all pending criminal complaints alleging the violation

of any state or federal environmental protection law that have been filed

against the applicant and its key personnel within five (5) years before

the date of submission of the application;

5. A description of all judgments of criminal conviction entered against the

applicant and its key personnel within five (5) years before the dat e of

submission of the application for the violation of any state or federal

environmental protection law;

6. A description of all judgments of criminal conviction of a felony under

the laws of any state or the United States that are entered against the

applicant and its key personnel within five (5) years before the date of

submission of the application; and

7. The identification and location of all waste sites or facilities and solid

waste management facilities in which the applicant or any of its key

personnel has a financial or equitable interest, or is an officer, director,

or manager;

(c) A disclosure statement submitted under subsection (2)(a) of this section shall

be executed under oath or affirmation and shall be subject to the penalty for

perjury under KRS Chapter 523;

(d) The cabinet shall investigate to verify the accuracy of the information set forth

in a statement required under this section.

(3) No permit shall be issued to an applicant where the disclosure statement or other

information available to the cabinet indicates that any waste site or facility owned or

controlled by the applicant or its key personnel is currently in violation of this

chapter or any law, rule, or regulation of the United States or of any department or

agency in the Unit ed States pertaining to environmental protection, until the

applicant submits proof that the violation has been corrected or is in the process of

being corrected to the satisfaction of the regulatory authority, department, or agency

which has jurisdiction over the violation, or that the violation is under appeal.

(4) The provisions of subsection (2) of this section shall not apply to an industrial solid

waste disposal facility operated exclusively by the industrial solid waste generator

on property owned by the industrial solid waste generator and which accepts only

industrial solid waste exclusively from the industrial solid waste generator or

wholly-owned subsidiary.

(5) This section shall not apply to a waste site or facility which is operated exclusively

by a solid waste generator on property owned by the solid waste generator for the

purpose of accepting industrial solid waste exclusively from the solid waste

generator.

(6) This section shall not apply to a medical waste incinerator which is owned,

operated, and located on the property of a hospital or university which is regulated

by the cabinet and used for the purpose of treatment, prior to landfill, of medical

waste received from the generator exclusively or in combination with medical waste

generated by professionals or facilities licensed or regulated or operated by the

Commonwealth.

(7) The provisions of this section shall not prohibit the cabinet from establishing by

administrative regulation other grounds for the revocation, modification,

suspension, or denial of a permit for a waste site or facility.

(8) The provisions of subsection (2) of this section shall not apply to renewals of

permits for the treatment or storage of hazardous waste if the hazardous waste is

generated at the same waste site or facility for which the treatment or storage permit

has been issued.