Current through Register Vol. 43, No. 52, December 26, 2024
This regulation shall apply to each person that wants to apply
for a permit for the underground burial of hazardous waste. For the purposes of
this regulation, this person shall be called a "potential applicant."
(a) Exception petition. Before applying for a
permit according to the requirements of K.A.R. 28-31-124 through 28-31-124e and
28-31-270, each potential applicant shall submit to the secretary a petition
for an exception to the prohibition against the underground burial of hazardous
waste, as specified in
K.S.A.
65-3458 and amendments thereto.
(b) Contents of the exception petition. Each
exception petition shall include the following items:
(1) A complete chemical and physical analysis
of the waste;
(2) a list and
description of all technologically feasible methods that could be considered to
treat, store, or dispose of the waste;
(3) for each method described in paragraph
(b)(2), an economic analysis based upon a 30-year time period. The analysis
shall determine the costs associated with treating, storing, disposing of, and
monitoring the waste during this time period; and
(4) a demonstration that underground burial
is the only economically reasonable or technologically feasible methodology for
the disposal of that specific hazardous waste.
(c) Review and public notice for exception
petitions. The review and public notice shall be conducted according to the
following requirements:
(1) The potential
applicant shall submit the exception petition to the department. If the
exception petition is not complete, the potential applicant shall be notified
of the specific deficiencies by the department.
(2) Upon receipt of a complete exception
petition, a public notice shall be published by the department once each week
for three consecutive weeks according to the following requirements:
(A) The notice shall be published in the
following publications:
(i) The Kansas
register; and
(ii) the official
county newspaper of the county in which the proposed underground burial would
occur or, if there is no official county newspaper, a newspaper published as
provided in
K.S.A.
64-101 and amendments thereto.
(B) The public notice shall
include the following information:
(i) The
name of the potential applicant;
(ii) a description of the specific
waste;
(iii) a description of the
proposed disposal methods;
(iv) a
map indicating the location of the proposed underground burial;
(v) the address of the location where the
exception petition and related documents can be reviewed;
(vi) the address of the location where copies
of the exception petition and related documents can be obtained;
(vii) a description of the procedure by which
the exception petition will be reviewed; and
(viii) the date and location of the public
hearing.
(3)
A copy of the public notice shall be transmitted by the department to the clerk
of each city that is located within three miles of the proposed underground
burial site.
(d) Public
hearing and public comment period. The public hearing and public comment period
shall be conducted according to the following requirements:
(1) The public hearing shall be conducted in
the same county as that of the proposed underground burial facility.
(2) The public hearing shall be scheduled no
earlier than 30 days after the date of the first public notice.
(3) A hearing officer shall be designated by
the secretary.
(4) At the hearing,
any person may submit oral comments, written comments, or data concerning the
exception petition. Reasonable limits may be set by the hearing officer on the
time allowed for oral statements, and the submission of statements in writing
may be required by the hearing officer.
(5) The public comment period shall end no
earlier than the close of the public hearing. The hearing officer may extend
the public comment period at the hearing.
(6) A recording or written transcript of the
hearing shall be made available to the public by the department upon
request.
(7) A report shall be
submitted by the hearing officer to the secretary detailing all written and
oral comments submitted during the public comment period. The hearing officer
may also recommend findings and determinations.
(e) Approval or denial of the exception
petition. The following procedures shall be followed by the secretary and the
department:
(1) If the secretary determines,
based on the criteria specified in
K.S.A.
65-3458 and amendments thereto, that the
exception petition should be approved, an order shall be issued by the
secretary. The order may require conditions that the secretary deems necessary
to protect public health and safety and the environment.
(2) If the secretary determines that there is
not sufficient evidence to approve the exception petition, the potential
applicant shall be notified by the department of the reasons why the exception
petition is denied.
(3) A public
notice of the final decision to approve or deny the exception petition shall be
published by the department in the following publications:
(A) The Kansas register; and
(B) the official county newspaper of the
county in which the proposed underground burial would occur or, if there is no
official county newspaper, a newspaper published as provided in
K.S.A.
64-101 and amendments thereto.
(4) A copy of the final decision
shall be transmitted by the department to the clerk of each city that is
located within three miles of the proposed underground burial site.