{"data":{"id":"us-ky/krs-224.40-330","jurisdiction":"us-ky","citation":"KRS 224.40-330","heading":"Disclosure of background information -- Effect on permit --","body":"Exemptions -- Cabinet's authority to establish other grounds.\n(1) The cabinet may revoke, modify, suspend, or deny a permit for a waste site or\nfacility if the applicant, or any of its key personnel, has:\n(a) Intentionally misrepresented or concealed any material fact in the application;\n(b) Obtained or attempted to obtain the permit by misrepresentation or\nconcealment;\n(c) Been convicted by final judgment of any felony within five (5) year s\npreceding the filing of the application;\n(d) Been adjudged by an administrative agency or a court to have violated the\nenvironmental protection laws or administrative regulations of the United\nStates, the Commonwealth, or any other state, and the cabinet  determines that\nthe conviction or adjudication is sufficiently probative of the applicant's\ninability or unwillingness to operate the facility in a lawful manner as to\nwarrant revocation, modification, suspension, or denial of the permit. In\nmaking the determination, the cabinet shall consider:\n1. The nature and details of the acts attributed to key personnel;\n2. The degree of culpability of the applicant, if any;\n3. The applicant's policy or history of discipline of key personnel for such\nactivities;\n4. Whether the applicant has substantially complied with all rules,\nadministrative regulations, permits, orders, and statutes applicable to the\napplicant's activities in Kentucky;\n5. Whether the applicant has implemented formal management controls to\nminimize and prevent the occurrence of these violations; and\n6. Mitigation based upon demonstration of good behavior by the applicant,\nincluding prompt payment of damages, cooperation with investigations,\ntermination of employment or other relationship with key per sonnel or\nother persons responsible for the violations, or other demonstrations of\ngood behavior by the applicant that the cabinet finds relevant to its\ndecision.\n(2) (a) Before an application for the issuance, renewal, or transfer of a permit for a\nsolid waste management facility may be granted or before there is a change in\nkey personnel of the applicant, the applicant and each person who is a key\npersonnel of the applicant shall submit to the cabinet a disclosure statement\nthat meets the requirements set forth in subsection (2)(b) of this section and is\nexecuted under subsection (2)(c) of this section.\n(b) In a disclosure statement required under this section, the applicant shall set\nforth the following information:\n1. The name, business address, and Social Security number of the applicant\nand its key personnel;\n2. A description of the applicant's and its key personnel's experience in\nmanaging solid and hazardous waste including any past or present\npermits or licenses he ld by the applicant or its key personnel within the\nprevious five (5) years;\n3. A description of all civil and administrative complaints against the\napplicant and its key personnel for the violation of any state or federal\nenvironmental protection law that:\na. Have resulted in a fine or penalty of more than one thousand\ndollars ($1,000) within five (5) years before the date of the\nsubmission of the application; or\nb. Allege an act or omission that constitutes a violation of a state or\nfederal environmental protection law and that presented a\nsubstantial endangerment to the public health or the environment;\n4. A description of all pending criminal complaints alleging the violation\nof any state or federal environmental protection law that have been filed\nagainst the applicant and its key personnel within five (5) years before\nthe date of submission of the application;\n5. A description of all judgments of criminal conviction entered against the\napplicant and its key personnel within five (5) years before the dat e of\nsubmission of the application for the violation of any state or federal\nenvironmental protection law;\n6. A description of all judgments of criminal conviction of a felony under\nthe laws of any state or the United States that are entered against the\napplicant and its key personnel within five (5) years before the date of\nsubmission of the application; and\n7. The identification and location of all waste sites or facilities and solid\nwaste management facilities in which the applicant or any of its key\npersonnel has a financial or equitable interest, or is an officer, director,\nor manager;\n(c) A disclosure statement submitted under subsection (2)(a) of this section shall\nbe executed under oath or affirmation and shall be subject to the penalty for\nperjury under KRS Chapter 523;\n(d) The cabinet shall investigate to verify the accuracy of the information set forth\nin a statement required under this section.\n(3) No permit shall be issued to an applicant where the disclosure statement or other\ninformation available to the cabinet indicates that any waste site or facility owned or\ncontrolled by the applicant or its key personnel is currently in violation of this\nchapter or any law, rule, or regulation of the United States or of any department or\nagency in the Unit ed States pertaining to environmental protection, until the\napplicant submits proof that the violation has been corrected or is in the process of\nbeing corrected to the satisfaction of the regulatory authority, department, or agency\nwhich has jurisdiction over the violation, or that the violation is under appeal.\n(4) The provisions of subsection (2) of this section shall not apply to an industrial solid\nwaste disposal facility operated exclusively by the industrial solid waste generator\non property owned by  the industrial solid waste generator and which accepts only\nindustrial solid waste exclusively from the industrial solid waste generator or\nwholly-owned subsidiary.\n(5) This section shall not apply to a waste site or facility which is operated exclusively\nby a solid waste generator on property owned by the solid waste generator for the\npurpose of accepting industrial solid waste exclusively from the solid waste\ngenerator.\n(6) This section shall not apply to a medical waste incinerator which is owned,\noperated, and located on the property of a hospital or university which is regulated\nby the cabinet and used for the purpose of treatment, prior to landfill, of medical\nwaste received from the generator exclusively or in combination with medical waste\ngenerated by professionals or facilities licensed or regulated or operated by the\nCommonwealth.\n(7) The provisions of this section shall not prohibit the cabinet from establishing by\nadministrative regulation other grounds for the revocation, modification,\nsuspension, or denial of a permit for a waste site or facility.\n(8) The provisions of subsection (2) of this section shall not apply to renewals of\npermits for the treatment or storage of hazardous waste if the hazardous waste is\ngenerated at the same waste site or facility for which the treatment or storage permit\nhas been issued.","path":[],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=10405","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:52:40Z","sha256":"2d6383e54d7e1fb94c44171149dd74181c2fe8c76b0222325970c3ed2ea7a933","source_id":"us-ky","stale":false,"prev":"us-ky/krs-224.40-325","next":"us-ky/krs-224.40-340"},"notice":"GroundRules: Original legal text. Not legal advice."}