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AN ACT relating to solid waste. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
ď˘Section 1. KRS 224.40-310 is amended to read as follows: 3
(1) For purposes of this section, "waste disposal facility" means a: 4
(a) Contained landfill; 5
(b) Residual landfill; 6
(c) Solid waste incinerator; 7
(d) Waste-to-energy facility; 8
(e) Hazardous waste incinerator; 9
(f) Landfill; 10
(g) Construction/demolition debris landfill, except for a landfill for the disposal 11
of sand, soil, rock, gravel, bridge debris, and other materials extracted as part 12
of a public road construction project funded wholly or in part with state 13
funds;[ residual landfill; solid waste incinerator; waste-to-energy facility; or a 14
hazardous waste incinerator, landfill,] or 15
(h) Other site or facility for the land disposal of hazardous waste. 16
(2) No permit to construct or expand, when the expansion results in substantial 17
additional capacity, a waste disposal facility shall be issued until: 18
(a) A complete application has been submitted to and approved by the cabinet; 19
[and ] 20
(b) Notice of the application has been published, as provided for in subsections 21
(4) and (5) of this section, at the expense of the applicant in a manner 22
reasonably calculated to inform that portion of the public which is most likely 23
to be affected by the operation of the proposed waste disposal facility. The 24
publication of notice shall take place after the cabinet has determined the 25
application to be technically complete and issued a draft permit; and 26
(c) Notwithstanding any provision of law to the contrary, notice of intent to be 27 UNOFFICIAL COPY 22 RS BR 1787
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licensed pursuant to KRS 68.178 within sixty (60) days of the issuance of a 1
draft permit has been sent to the fiscal court of the county in which the 2
waste disposal facility is or will be located. 3
(3) For a permit application to construct a solid waste landfill or a permit application to 4
expand, when the expansion results in substantial additional capacity, an existing 5
solid waste landfill, the cabinet shall, upon first receiving the applications require 6
immediately the general public notice provided for in subsections (4) and (5)(a) to 7
(d) of this section and upon determining that the application is administratively 8
complete and at the time technical review begins, give special notice of the 9
application to the county judge/executive or mayor of an urban-county government 10
and members of the fiscal court or urban-county council of the county or urban-11
county government in which the landfill is or will be located. The special notice 12
shall be in the form of an executive summary of the application. Also, at the time 13
technical review begins, the cabinet shall again require the general public notice 14
provided for in subsections (4) and (5)(a) to (d) of this section with the additional 15
information that the executive summary shall be available from the office of the 16
county judge/executive or mayor of an urban-county government. Upon request by a 17
county judge/executive, mayor of an urban-county government, or a member of 18
fiscal court or an urban-county council, the cabinet shall explain the application in a 19
manner that is complete and expeditious. The cabinet shall notify the county 20
judge/executive or mayor of an urban-county government if there will not be a 21
public hearing on the applications. If there will be a public hearing, the cabinet shall 22
notify the county judge/executive or mayor of an urban-county government fifteen 23
(15) days prior to the hearing date. 24
(4) At a minimum, publication shall be made at least once by advertisement in a daily 25
or weekly newspaper of general circulation in the locality where the proposed waste 26
disposal facility is to be located. 27 UNOFFICIAL COPY 22 RS BR 1787
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(5) The contents of the public notice of an application shall include the following: 1
(a) The name and address of the applicant; 2
(b) A brief description of the activity for which a permit is being sought; 3
(c) A description of the proposed location including a description of the primary 4
access routes; 5
(d) The name and address of this cabinet; and 6
(e) The following statement: "Any person who may be aggrieved by the issuance 7
of a permit for this proposed waste disposal facility may file with the cabinet a 8
petition which sets forth the grounds of the objection and demand a hearing 9
pursuant to KRS 224.10-420(2)." Such hearing shall be held within the county 10
where the waste disposal facility is proposed. 11
(6) No permit to construct or expand, when the expansion results in substantial 12
additional capacity, a waste disposal facility shall be issued until at least thirty (30) 13
days have expired following publication of the application. The applicant for a 14
permit shall establish the date of publication by a verified affidavit from the 15
newspaper which publishes the advertisement. If a hearing is requested, no permit 16
to construct or expand, when the expansion results in substantial additional 17
capacity, a waste disposal facility shall be issued prior to a final order of the 18
secretary. In the case of hazardous waste incinerators, landfills, and other sites or 19
facilities for the land disposal of hazardous waste, no permit shall be approved or 20
issued prior to notification of the cabinet by the local unit of government of its 21
actions pursuant to subsection (7) of this section. 22
(7) The fiscal court of the county, urban-county government, or governing body of an 23
incorporated municipality wherein a hazardous waste incinerator, landfill, or other 24
site or facility for the land disposal of hazardous waste is proposed, shall conduct a 25
public hearing after public notice has been given in accordance with KRS Chapter 26
424 and shall vote to approve or disapprove the hazardous waste incinerator, 27 UNOFFICIAL COPY 22 RS BR 1787
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landfill, or other site or facility for the land disposal of hazardous waste within 1
thirty (30) days after the hearing described in subsections (5) and (6) of this section. 2
If no hearing is requested under the provisions of subsections (5) and (6) of this 3
section, the fiscal court, urban-county government, or governing body of an 4
incorporated municipality, shall conduct a public hearing and vote to approve or 5
disapprove the hazardous waste incinerator, landfill, or other site or facility for the 6
land disposal of hazardous waste within sixty (60) days following publication of the 7
application. In making a determination the fiscal court, urban-county government, 8
or governing body of an incorporated municipality shall consider the social and 9
economic impacts of the proposed hazardous waste incinerator, landfill, or other 10
site or facility for the land disposal of hazardous waste on the affected community, 11
including changes in property values, community perception, and other psychic 12
costs; costs and availability of public services, facilities, and improvements required 13
to support the incinerator, landfill, or other site or facility and protect public health, 14
safety, and the environment; and the relationship of the proposed hazardous waste 15
incinerator, landfill, or other site or facility for the land disposal of hazardous waste 16
to local planning and existing development. After a fiscal court, urban-county 17
government, or governing body of an incorporated municipality has voted to 18
approve or disapprove a hazardous waste incinerator, landfill, or other site or 19
facility for the land disposal of hazardous waste, the court, urban-county 20
government, or governing body of an incorporated municipality shall so notify the 21
cabinet in writing within ten (10) days. If a hazardous waste incinerator, landfill, or 22
other site or facility for the land disposal of hazardous waste is disapproved by the 23
court, urban-county government, or governing body of an incorporated 24
municipality, the reasons for disapproval shall be set forth clearly and concisely, 25
and recorded in the minutes. No permit shall be issued by the cabinet if a fiscal 26
court, urban-county government, or governing body of an incorporated municipality 27 UNOFFICIAL COPY 22 RS BR 1787
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disapproves the hazardous waste incinerator, landfill, or other site or facility for the 1
land disposal of hazardous waste in the manner prescribed herein. 2
(8) Upon first receiving a permit application to modify a solid waste landfill by 3
reducing or eliminating any term or condition pertaining to the liner system, the 4
cabinet shall require immediately the general public notice provided for in 5
subsections (4) and (5) of this section. 6
(9) The provisions of subsection (7) of this section shall not apply to: 7
(a) A proposed regional integrated waste treatment and disposal demonstration 8
facility and any on-site remedial action facility authorized pursuant to the 9
Comprehensive Environmental Response, Compensation, and Liability Act of 10
1980, as amended; 11
(b) An existing hazardous waste incinerator having all required permits or 12
authorizations as of March 4, 1988, but subsection (7) of this section shall 13
apply to any incinerator unit proposed for construction at an existing facility 14
for which construction commenced after March 4, 1988, and to proposed 15
hazardous waste incinerators for which a permit application has been filed but 16
has not been issued as of March 4, 1988; and 17
(c) On-site incineration of hazardous waste by the generator of the waste at the 18
site of the waste generation including waste generated at another facility 19
owned and operated by that generator or wholly-owned subsidiary. 20
(10) An application to construct a solid waste landfill shall consist of three (3) parts: a 21
notice of intent to apply for a solid waste permit; an administrative application; and 22
a technical application. Nothing in this section shall prohibit an applicant from 23
submitting more than one (1) part at one (1) time. 24
(a) An applicant proposing to construct a solid waste landfill shall submit to the 25
cabinet a notice of intent to apply for a solid waste permit. The notice of intent 26
shall contain information specified by the cabinet. The cabinet shall within 27 UNOFFICIAL COPY 22 RS BR 1787
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thirty (30) working days of receipt notify the applicant by certified mail, return 1
receipt requested, of the approval or disapproval of the applicant's notice of 2
intent. If the notice of intent is not complete, the cabinet shall state in writing 3
the information necessary to complete the notice of intent and the thirty (30) 4
day time period shall be tolled until such time as the applicant responds. The 5
cabinet shall notify the applicant of the approval or disapproval of the 6
applicant's notice of intent by certified mail, return receipt requested. If the 7
cabinet disapproves a notice of intent to apply for a solid waste permit, it shall 8
state in writing its reasons for the disapproval. 9
(b) The applicant shall submit an administrative application for a solid waste 10
landfill consistent with the notice of intent to apply for a solid waste permit. 11
The administrative application shall contain information specified by the 12
cabinet. The cabinet shall within sixty (60) working days of receipt notify the 13
applicant by certified mail, return receipt requested, of the approval or 14
disapproval of the applicant's administrative application. If the administrative 15
application is not complete, the cabinet shall state in writing the information 16
necessary to complete the administrative application and the sixty (60) day 17
time period shall be tolled until such time as the applicant responds. The 18
cabinet shall notify the applicant of the approval or disapproval of the 19
applicant's administrative application by certified mail, return receipt 20
requested. If the cabinet disapproves an administrative application to apply for 21
a solid waste permit, it shall state in writing its reasons for the disapproval. 22
(c) The applicant shall submit a technical application for a solid waste landfill 23
consistent with the administrative application. The technical application shall 24
contain information specified by the cabinet. The cabinet shall within ninety 25
(90) working days of receipt notify the applicant by certified mail, return 26
receipt requested, of the approval or disapproval of the applicant's technical 27 UNOFFICIAL COPY 22 RS BR 1787
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application. If the technical application is not complete, the cabinet shall state 1
in writing the information necessary to complete the technical application and 2
the ninety (90) day time period shall be tolled until such time as the applicant 3
responds. The cabinet shall notify the applicant of the approval or disapproval 4
of the applicant's technical application by certified mail, returned receipt 5
requested. If the cabinet disapproves a technical application to apply for a 6
solid waste permit, it shall state in writing its reasons for the disapproval. 7
(d) The permit review process, from the date of receipt of the notice of intent to 8
the date the cabinet issues a draft permit to construct a solid waste landfill, or 9
denies the application, shall not exceed three hundred sixty-five (365) 10
calendar days, unless the cabinet and applicant agree otherwise. Failure of the 11
cabinet to either issue a draft permit, or deny the application, within three 12
hundred sixty-five (365) calendar days shall be deemed an order appealable 13
pursuant to the provisions of KRS 224.10-420. 14
(e) If the cabinet does not request additional information or notify the applicant of 15
the disapproval of the notice of intent or administrative application for a solid 16
waste landfill within the time periods specified in this subsection, that portion 17
of the application under review shall be deemed complete and approved, 18
unless the cabinet and applicant agree otherwise. 19
(11) During construction of a liner system in a solid waste landfill, the cabinet shall 20
periodically conduct inspections to verify that construction is being made in 21
accordance with administrative regulations adopted by the cabinet and conditions 22
contained in the permit. Except as otherwise provided in this section, the permittee 23
shall not commence installation of any synthetic liner prior to a final inspection of 24
any soil liner. The cabinet shall respond to any request for an inspection within two 25
(2) working days of the request. If the cabinet fails to inspect within two (2) 26
working days, the permittee may proceed to the next phase of construction, 27 UNOFFICIAL COPY 22 RS BR 1787
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including installation of a synthetic liner, after submitting certification from a 1
registered professional engineer that construction has been completed in accordance 2
with applicable regulations and permit conditions. All inspections conducted for the 3
cabinet shall be performed by a professional engineer registered in Kentucky. 4
(12) An applicant who is issued a permit to construct or expand, when the expansion 5
results in substantial additional capacity, a solid waste landfill shall be issued a 6
permit to operate in the areas included under the construction permit without further 7
action when: 8
(a) The applicant submits a certification by an engineer registered in Kentucky 9
that the liner system and facilities are constructed in accordance with the 10
approved plans and specifications; 11
(b) A registered professional engineer for the cabinet inspects the facility and 12
verifies in writing within ten (10) days of the submission of the engineer 13
certification that the facility has been developed according to plans and that 14
necessary equipment is available to operate the facility; and 15
(c) The required financial responsibility for closure has been established using 16
any of the mechanisms required by KRS 224.40-650 in an amount determined 17
by an approved closure plan and cost estimate. 18
(13) A permit issued pursuant to this section shall carry with it the right of successive 19
renewal upon expiration with respect to areas within the boundaries of the existing 20
permit. The permittee may request renewal and such renewal shall be issued unless 21
it is established and written findings are made by the cabinet that: 22
(a) The terms and conditions of the existing permit, this chapter, or applicable 23
administrative regulations adopted by the cabinet are not being satisfactorily 24
met; 25
(b) The permittee has not provided evidence that any performance bond in effect 26
will continue in full force and effect for any renewal requested as well as any 27 UNOFFICIAL COPY 22 RS BR 1787
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additional bond the cabinet might require; 1
(c) Any additional revised or updated information required by the cabinet has not 2
been provided. 3
(14) Any permit renewal shall be for a term not to exceed the period of original permit. 4
Application for permit renewal shall be made at least one hundred eighty (180) days 5
prior to the expiration of the existing permit. At the time of filing an application for 6
permit renewal, the cabinet shall publish a notice in a daily or weekly newspaper of 7
the largest circulation in the county where the solid waste landfill is located. The 8
notice shall include the following: 9
(a) The name and address of the applicant; 10
(b) Identification of the permit for which the renewal is sought; and 11
(c) A statement informing the public of a thirty (30) day period in which public 12
comments may be submitted to the cabinet on whether the renewal of the 13
permit should be approved pursuant to subsection (13) of this section. 14
(15) The cabinet shall not adopt any regulation or standard or allow any exemption 15
which applies to privately-owned solid waste management facilities more 16
stringently than it applies to publicly- or municipally-owned solid waste 17
management facilities. 18