Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO: KRS 224.01, 224.10, 224.40, 224.50
NECESSITY, FUNCTION, AND CONFORMITY: KRS Chapter 224 requires
the cabinet to adopt administrative regulations for the management, processing,
and disposal of special wastes.
KRS
224.40-305 requires persons who establish,
construct, operate, maintain or permit the use of a waste site or facility to
obtain a permit. This chapter establishes standards applicable to all special
waste sites or facilities.
KRS
224.10-220 requires the cabinet to establish
timetables for the review and determination of permit applications. This
administrative regulation sets forth timetables for the review and
determination of special waste permit applications and registrations.
Section 1. Submittal of Permit Applications
and Registrations.
(1) The official date of
receipt for documents associated with a special permit application or
registration shall be the date the document is stamped received by the Division
of Waste Management.
(2) The
applicant or registrant shall have the burden of establishing that the
application or registration is in compliance with all requirements of KRS
Chapter 224 and 401 KAR Chapters 30 and 45.
Section 2. Administrative Completeness
Determination.
(1) No application or
registration shall be reviewed until the cabinet has determined that the
application or registration is administratively complete. A determination by
the cabinet that an application or registration is administratively complete
means that the application or registration contains the major elements required
by KRS Chapter 224 and 401 KAR Chapters 30 and 45 that are necessary to allow
meaningful review by the cabinet. An application or registration shall not be
deemed administratively complete if one (1) or more major components are found
to be absent from the application or registration, which, by virtue of their
absence, would require that the permit be denied. A determination that an
application or registration is administratively complete shall not mean that
the application is complete in every detail, nor shall it mean that any aspect
of the application is technically sufficient or approvable.
(2) Within forty-five (45) calendar days of
receipt of the application or registration the cabinet shall provide written
notice to the applicant or registrant as to the administrative completeness of
the application or registration.
(a) If the
application or registration is determined to be administratively complete, the
cabinet shall notify the applicant or registrant in writing that the review and
determination period provided by Section 3 of this administrative regulation
has commenced.
(b) If the
application or registration is determined to be incomplete, the cabinet shall
notify the applicant or registrant of the deficiencies that render it
administratively incomplete. The applicant or registrant shall have thirty (30)
calendar days from mailing or hand delivery of the cabinet's notice of
deficiency to correct the deficiencies and render the application or
registration administratively complete, unless a longer time period is approved
by the cabinet.
(c) The cabinet
shall have thirty (30) calendar days from receipt of the applicant's or
registrant's submittal of a complete response to a notice of deficiency to
determine if the application or registration is administratively complete.
1. If the applicant or registrant renders the
application or registration administratively complete within the specified
timetable, the cabinet shall notify the applicant or registrant in writing that
the review and determination period provided by Section 3 of this
administrative regulation has commenced.
2. If the cabinet determines that the
application or registration is not administratively complete at the end of the
period specified in this subsection, the cabinet shall make a written
determination to deny the permit with the stated reason that the application or
registration, in its current form, fails to comply with the requirement to
submit a complete application. This action shall not preclude the submission of
a new application or registration for the same site or facility in the future.
Submission of a new application or registration shall be considered as if not
previously submitted for the purpose of fees and review timetables.
Section 3.
Timetables for Permit or Registration Review and Determination.
(1) All administratively complete permit
applications and registrations shall be reviewed and a determination made to
issue, acknowledge, or deny the permit within the following timetables:
(a) Special Waste Formal Permit: 180 calendar
days.
(b) Notice of Intent to Apply
for a Special Waste Landfarming or Composting Permit: ninety (90) calendar
days.
(c) Registered
Permit-by-rule: ninety (90) calendar days.
(d) Research, Development, and Demonstration
Permit: 180 calendar days.
(e)
Special Waste Permit modifications: 180 calendar days.
(f) Permit transfer: 180 calendar
days.
(g) Permit renewal: ninety
(90) calendar days.
(h) Any other
permit action not specifically set forth in this section: ninety (90) calendar
days.
(2) The timetables
specified in subsection (1) of this section may be extended at the initiative
of either the cabinet or the applicant or registrant. The purpose and period of
the extension shall be in writing and, if agreed to, shall be signed by both
the cabinet and the applicant or registrant. The agreement to extend the
timetable shall become part of the cabinet's permit or registration
file.
Section 4.
Timetable Exclusions. The time periods specified in Section 3 of this
administrative regulation shall not run during the following intervals:
(1) From the date the cabinet mails or hand
delivers a notice of deficiency until the date the Division of Waste Management
stamps as received a complete response to the deficiencies. If a notice of
deficiency is sent to an applicant or registrant, the applicant or registrant
shall have 180 calendar days to respond to the notice of deficiency. Failure to
respond to a notice of deficiency within 180 calendar days shall be grounds for
denial of the permit;
(2) Sixty
(60) days from the date of any public hearing on the application or
registration to allow the cabinet time to consider public comments;
and
(3) From the date a permit
application or registration is subject to any adjudicatory process that
prevents the cabinet from making a determination to the date all administrative
or judicial hearings are final and all parties are in compliance with all final
orders resulting from those hearings.
Section 5. Timetable Extensions. If two (2)
or more permits for a facility, site, source, construction project, or other
entity are required from the cabinet, the cabinet may coordinate the issuance
of the permits, establishing different review and action times that shall be
accomplished by the cabinet or applicant. If the permits are coordinated, the
cabinet shall so notify the applicant and indicate the time frames under which
the intermediate actions and final permit actions shall be accomplished. The
established time frame for final action shall not exceed the last date for
action that is provided for under applicable statutes and administrative
regulations, based on all applications being considered and their filing
dates.
Section 6. Applicability
Dates.
(1) The provisions of this
administrative regulation shall apply to applications and registrations
received after April 28, 1993.
(2)
(a) The provisions of this administrative
regulation shall not apply to applications and registration pending on April
28, 1993 unless, within ninety (90) days of April 28, 1993, the applicant or
registrant submits written notification to the cabinet that the applicant or
registrant desires to have the application or registration subject to this
administrative regulation.
(b) If
the applicant or registrant fails to notify the cabinet in accordance with
paragraph (a) of this subsection, the application or registration shall not be
subject to the provisions of this administrative regulation.
(c) Applications and registrations for which
the cabinet has mailed or hand delivered a notice of deficiency prior to the
cabinet's receipt of the letter provided for in paragraph (a) of this
subsection shall not be subject to the provisions of Section 2 of this
administrative regulation. All other provisions of this administrative
regulation shall apply beginning on the date the cabinet receives the notice
provided for in paragraph (a) of this subsection.
STATUTORY AUTHORITY:
KRS
224.10-220