{"data":{"id":"us-ky/krs-224.40-310","jurisdiction":"us-ky","citation":"KRS 224.40-310","heading":"Definition of \"waste disposal facility\" -- Requisites for issuance of","body":"permits -- Necessity of approval of hazardous waste facilities by local units of\ngovernment -- Exceptions -- Procedures for applications to construct solid\nwaste landfills.\n(1) For purposes of this section, \"waste disposal facility\" means a contained landfill;\nconstruction/demolition debris landfill except for a landfill for the disposal of sand,\nsoil, rock, gravel, bridge debris, and other materials extracted as part of a public\nroad construction project funded wholly or in part with state funds; residual landfill;\nsolid waste incinerator; waste -to-energy facility; or a hazardous waste incinerator,\nlandfill, or other site or facility for the land disposal of hazardous waste.\n(2) No permit to construct or expand, when the expansion results in substantial\nadditional capacity, a waste disposal facility shall be issued until a complete\napplication has been submitted to and approved by the cabinet and notice of the\napplication has been published, as provided for in subsections (4) and (5) of this\nsection, at the expense of the applicant in a manner reasonably calculated to inform\nthat portion of the public which is most likely to be affected by the operation of the\nproposed waste disposa l facility. The publication shall take place after the cabinet\nhas determined the application to be technically complete and issued a draft permit.\n(3) For a permit application to construct a solid waste landfill or a permit application to\nexpand, when the  expansion results in substantial additional capacity, an existing\nsolid waste landfill, the cabinet shall, upon first receiving the applications require\nimmediately the general public notice provided for in subsections (4) and (5)(a) to\n(d) of this sectio n and upon determining that the application is administratively\ncomplete and at the time technical review begins, give special notice of the\napplication to the county judge/executive or mayor of an urban -county government\nand members of the fiscal court or  urban-county council of the county or urban -\ncounty government in which the landfill is or will be located. The special notice\nshall be in the form of an executive summary of the application. Also, at the time\ntechnical review begins, the cabinet shall aga in require the general public notice\nprovided for in subsections (4) and (5)(a) to (d) of this section with the additional\ninformation that the executive summary shall be available from the office of the\ncounty judge/executive or mayor of an urban-county government. Upon request by a\ncounty judge/executive, mayor of an urban -county government, or a member of\nfiscal court or an urban-county council, the cabinet shall explain the application in a\nmanner that is complete and expeditious. The cabinet shall noti fy the county\njudge/executive or mayor of an urban -county government if there will not be a\npublic hearing on the applications. If there will be a public hearing, the cabinet shall\nnotify the county judge/executive or mayor of an urban -county government fifteen\n(15) days prior to the hearing date.\n(4) At a minimum, publication shall be made at least once by advertisement in a daily\nor weekly newspaper of general circulation in the locality where the proposed waste\ndisposal facility is to be located.\n(5) The contents of the public notice of an application shall include the following:\n(a) The name and address of the applicant;\n(b) A brief description of the activity for which a permit is being sought;\n(c) A description of the proposed location including a desc ription of the primary\naccess routes;\n(d) The name and address of this cabinet; and\n(e) The following statement: \"Any person who may be aggrieved by the issuance\nof a permit for this proposed waste disposal facility may file with the cabinet a\npetition which sets forth the grounds of the objection and demand a hearing\npursuant to KRS 224.10-420(2).\" Such hearing shall be held within the county\nwhere the waste disposal facility is proposed.\n(6) No permit to construct or expand, when the expansion results in substantial\nadditional capacity, a waste disposal facility shall be issued until at least thirty (30)\ndays have expired following publication of the application. The applicant for a\npermit shall establish the date of publication by a verified affidavit fro m the\nnewspaper which publishes the advertisement. If a hearing is requested, no permit\nto construct or expand, when the expansion results in substantial additional\ncapacity, a waste disposal facility shall be issued prior to a final order of the\nsecretary. In the case of hazardous waste incinerators, landfills, and other sites or\nfacilities for the land disposal of hazardous waste, no permit shall be approved or\nissued prior to notification of the cabinet by the local unit of government of its\nactions pursuant to subsection (7) of this section.\n(7) The fiscal court of the county, urban -county government, or governing body of an\nincorporated municipality wherein a hazardous waste incinerator, landfill, or other\nsite or facility for the land disposal of hazar dous waste is proposed, shall conduct a\npublic hearing after public notice has been given in accordance with KRS Chapter\n424 and shall vote to approve or disapprove the hazardous waste incinerator,\nlandfill, or other site or facility for the land disposal of hazardous waste within\nthirty (30) days after the hearing described in subsections (5) and (6) of this section.\nIf no hearing is requested under the provisions of subsections (5) and (6) of this\nsection, the fiscal court, urban -county government, or gov erning body of an\nincorporated municipality, shall conduct a public hearing and vote to approve or\ndisapprove the hazardous waste incinerator, landfill, or other site or facility for the\nland disposal of hazardous waste within sixty (60) days following publication of the\napplication. In making a determination the fiscal court, urban -county government,\nor governing body of an incorporated municipality shall consider the social and\neconomic impacts of the proposed hazardous waste incinerator, landfill, or oth er\nsite or facility for the land disposal of hazardous waste on the affected community,\nincluding changes in property values, community perception, and other psychic\ncosts; costs and availability of public services, facilities, and improvements required\nto support the incinerator, landfill, or other site or facility and protect public health,\nsafety, and the environment; and the relationship of the proposed hazardous waste\nincinerator, landfill, or other site or facility for the land disposal of hazardous w aste\nto local planning and existing development. After a fiscal court, urban -county\ngovernment, or governing body of an incorporated municipality has voted to\napprove or disapprove a hazardous waste incinerator, landfill, or other site or\nfacility for the land disposal of hazardous waste, the court, urban -county\ngovernment, or governing body of an incorporated municipality shall so notify the\ncabinet in writing within ten (10) days. If a hazardous waste incinerator, landfill, or\nother site or facility for t he land disposal of hazardous waste is disapproved by the\ncourt, urban -county government, or governing body of an incorporated\nmunicipality, the reasons for disapproval shall be set forth clearly and concisely,\nand recorded in the minutes. No permit shall be issued by the cabinet if a fiscal\ncourt, urban-county government, or governing body of an incorporated municipality\ndisapproves the hazardous waste incinerator, landfill, or other site or facility for the\nland disposal of hazardous waste in the manner prescribed herein.\n(8) Upon first receiving a permit application to modify a solid waste landfill by\nreducing or eliminating any term or condition pertaining to the liner system, the\ncabinet shall require immediately the general public notice provided for i n\nsubsections (4) and (5) of this section.\n(9) The provisions of subsection (7) of this section shall not apply to:\n(a) A proposed regional integrated waste treatment and disposal demonstration\nfacility and any on -site remedial action facility  authorized pursuant to the\nComprehensive Environmental Response, Compensation, and Liability Act of\n1980, as amended;\n(b) An existing hazardous waste incinerator having all required permits or\nauthorizations as of March 4, 1988, but subsection (7) of this  section shall\napply to any incinerator unit proposed for construction at an existing facility\nfor which construction commenced after March 4, 1988, and to proposed\nhazardous waste incinerators for which a permit application has been filed but\nhas not been issued as of March 4, 1988; and\n(c) On-site incineration of hazardous waste by the generator of the waste at the\nsite of the waste generation including waste generated at another facility\nowned and operated by that generator or wholly-owned subsidiary.\n(10) An application to construct a solid waste landfill shall consist of three (3) parts: a\nnotice of intent to apply for a solid waste permit; an administrative application; and\na technical application. Nothing in this section shall prohibit an applicant fr om\nsubmitting more than one (1) part at one (1) time.\n(a) An applicant proposing to construct a solid waste landfill shall submit to the\ncabinet a notice of intent to apply for a solid waste permit. The notice of intent\nshall contain information specified by the cabinet. The cabinet shall within\nthirty (30) working days of receipt notify the applicant by certified mail, return\nreceipt requested, of the approval or disapproval of the applicant's notice of\nintent. If the notice of intent is not complete, the cabinet shall state in writing\nthe information necessary to complete the notice of intent and the thirty (30)\nday time period shall be tolled until such time as the applicant responds. The\ncabinet shall notify the applicant of the approval or disapproval o f the\napplicant's notice of intent by certified mail, return receipt requested. If the\ncabinet disapproves a notice of intent to apply for a solid waste permit, it shall\nstate in writing its reasons for the disapproval.\n(b) The applicant shall submit an ad ministrative application for a solid waste\nlandfill consistent with the notice of intent to apply for a solid waste permit.\nThe administrative application shall contain information specified by the\ncabinet. The cabinet shall within sixty (60) working days of receipt notify the\napplicant by certified mail, return receipt requested, of the approval or\ndisapproval of the applicant's administrative application. If the administrative\napplication is not complete, the cabinet shall state in writing the information\nnecessary to complete the administrative application and the sixty (60) day\ntime period shall be tolled until such time as the applicant responds. The\ncabinet shall notify the applicant of the approval or disapproval of the\napplicant's administrative appl ication by certified mail, return receipt\nrequested. If the cabinet disapproves an administrative application to apply for\na solid waste permit, it shall state in writing its reasons for the disapproval.\n(c) The applicant shall submit a technical applicati on for a solid waste landfill\nconsistent with the administrative application. The technical application shall\ncontain information specified by the cabinet. The cabinet shall within ninety\n(90) working days of receipt notify the applicant by certified mail,  return\nreceipt requested, of the approval or disapproval of the applicant's technical\napplication. If the technical application is not complete, the cabinet shall state\nin writing the information necessary to complete the technical application and\nthe ninety (90) day time period shall be tolled until such time as the applicant\nresponds. The cabinet shall notify the applicant of the approval or disapproval\nof the applicant's technical application by certified mail, returned receipt\nrequested. If the cabinet  disapproves a technical application to apply for a\nsolid waste permit, it shall state in writing its reasons for the disapproval.\n(d) The permit review process, from the date of receipt of the notice of intent to\nthe date the cabinet issues a draft permit  to construct a solid waste landfill, or\ndenies the application, shall not exceed three hundred sixty -five (365)\ncalendar days, unless the cabinet and applicant agree otherwise. Failure of the\ncabinet to either issue a draft permit, or deny the application , within three\nhundred sixty-five (365) calendar days shall be deemed an order appealable\npursuant to the provisions of KRS 224.10-420.\n(e) If the cabinet does not request additional information or notify the applicant of\nthe disapproval of the notice of i ntent or administrative application for a solid\nwaste landfill within the time periods specified in this subsection, that portion\nof the application under review shall be deemed complete and approved,\nunless the cabinet and applicant agree otherwise.\n(11) During construction of a liner system in a solid waste landfill, the cabinet shall\nperiodically conduct inspections to verify that construction is being made in\naccordance with administrative regulations adopted by the cabinet and conditions\ncontained in the permit. Except as otherwise provided in this section, the permittee\nshall not commence installation of any synthetic liner prior to a final inspection of\nany soil liner. The cabinet shall respond to any request for an inspection within two\n(2) working d ays of the request. If the cabinet fails to inspect within two (2)\nworking days, the permittee may proceed to the next phase of construction,\nincluding installation of a synthetic liner, after submitting certification from a\nregistered professional engineer that construction has been completed in accordance\nwith applicable regulations and permit conditions. All inspections conducted for the\ncabinet shall be performed by a professional engineer registered in Kentucky.\n(12) An applicant who is issued a permit  to construct or expand, when the expansion\nresults in substantial additional capacity, a solid waste landfill shall be issued a\npermit to operate in the areas included under the construction permit without further\naction when:\n(a) The applicant submits a certification by an engineer registered in Kentucky\nthat the liner system and facilities are constructed in accordance with the\napproved plans and specifications;\n(b) A registered professional engineer for the cabinet inspects the facility and\nverifies in writing within ten (10) days of the submission of the engineer\ncertification that the facility has been developed according to plans and that\nnecessary equipment is available to operate the facility; and\n(c) The required financial responsibility for closur e has been established using\nany of the mechanisms required by KRS 224.40-650 in an amount determined\nby an approved closure plan and cost estimate.\n(13) A permit issued pursuant to this section shall carry with it the right of successive\nrenewal upon expiration with respect to areas within the boundaries of the existing\npermit. The permittee may request renewal and such renewal shall be issued unless\nit is established and written findings are made by the cabinet that:\n(a) The terms and conditions of the ex isting permit, this chapter, or applicable\nadministrative regulations adopted by the cabinet are not being satisfactorily\nmet;\n(b) The permittee has not provided evidence that any performance bond in effect\nwill continue in full force and effect for any re newal requested as well as any\nadditional bond the cabinet might require;\n(c) Any additional revised or updated information required by the cabinet has not\nbeen provided.\n(14) Any permit renewal shall be for a term not to exceed the period of original perm it.\nApplication for permit renewal shall be made at least one hundred eighty (180) days\nprior to the expiration of the existing permit. At the time of filing an application for\npermit renewal, the cabinet shall publish a notice in a daily or weekly newspap er of\nthe largest circulation in the county where the solid waste landfill is located. The\nnotice shall include the following:\n(a) The name and address of the applicant;\n(b) Identification of the permit for which the renewal is sought; and\n(c) A statement informing the public of a thirty (30) day period in which public\ncomments may be submitted to the cabinet on whether the renewal of the\npermit should be approved pursuant to subsection (13) of this section.\n(15) The cabinet shall not adopt any regulation o r standard or allow any exemption\nwhich applies to privately -owned solid waste management facilities more\nstringently than it applies to publicly - or municipally -owned solid waste\nmanagement facilities.","path":[],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=10401","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:52:40Z","sha256":"19ab7244b1bd2b89bbbc658a50137a677fedd6d4f4fe8b2a41504769c4aedd11","source_id":"us-ky","stale":false,"prev":"us-ky/krs-224.40-305","next":"us-ky/krs-224.40-315"},"notice":"GroundRules: Original legal text. Not legal advice."}