Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO:
KRS
109.041,
224.10-105,
KRS
224.10-420,
224.10-440,
224.43-310(5),
224.43-315,
224.43-340,
224.43-345,
224.43-505
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
224.43-340(1) authorizes the
cabinet to promulgate administrative regulations pursuant to KRS Chapter 224
for the reduction and management of solid waste. This administrative regulation
establishes general requirements and procedures for submittal, processing, and
amending of area solid waste management plans.
Section 1. Preparation of an Area Solid Waste
Management Plan.
(1) An area solid waste
management plan, referred to in this administrative regulation as "the plan,"
shall contain the information as established in
KRS
224.43-345.
(2) The plan shall be prepared and formatted
in accordance with the Guidance for Preparing an Area Solid Waste Management
Plan 5-Year Update, DEP 6062.
Section
2. Public Information Procedures.
(1) The governing body of a solid waste
management area shall be responsible for conducting a public information period
on the contents of the plan, or an amendment to the plan pursuant to Section 4
of this administrative regulation, prior to submittal to the cabinet.
(2) The public information period shall
include a thirty (30) day comment period that shall commence with the
publishing of a public notice by the governing body. The public notice shall:
(a) Be of a size to include not less than two
(2) column widths and shall be in a display format;
(b) Be published in a daily or weekly
newspaper of general circulation in each county in the area designated by the
plan; and
(c) Include a description
of:
1. The proposed action;
2. Location where the plan may be
reviewed;
3. Procedures for
submitting comments; and
4.
Location of the public hearing, if a hearing is requested.
(3) If a public hearing is
requested, the governing body shall hold a public hearing during the public
comment period.
(a) The hearing shall be held
within fifteen (15) days of the close of the public comment period.
(b) The public notice for a hearing shall be
published at least seven (7) days prior to the hearing in accordance with
subsection (2)(b) of this section.
(c) The hearing may occur in conjunction with
the governing body's normally scheduled official meeting.
(4) The governing body shall respond in
writing to written public comments within fifteen (15) days after the close of
the public comment period.
(a) The governing
body shall publish a notice in a daily or weekly newspaper of general
circulation in each county in the area designated by the plan that the written
response to public comments is available to the public.
(b) The notice shall state where copies of
the response are maintained and how it may be obtained.
(c) The governing body shall mail the
response to all comments to each individual who commented on the plan during
the public comment period.
Section 3. Submittal and Plan Review Process.
(1) All plans shall be submitted no later
than the deadlines established in
KRS
224.43-340 and
224.43-345
and shall be accompanied by an ordinance, resolution, or administrative
regulation approving the plan from the appropriate governing body of the solid
waste management area.
(2) The plan
shall be sent to the cabinet.
(3)
The cabinet shall review each submitted plan for consistency with
KRS
224.43-340,
KRS
224.43-345, and this administrative
regulation.
(4) The cabinet shall
notify the governing body in writing if the plan is approved.
(5) If the cabinet disapproves a plan, the
cabinet shall notify the governing body in writing of each deficiency with the
plan.
(a) The governing body shall have up to
ninety (90) days from the date of the first notice of deficiency to correct all
deficiencies and submit an approvable plan to the cabinet. The time elapsed
during the governing body's correction of deficiencies shall not count toward
the cabinet's 120-day review deadline established in
KRS
224.43-345(2).
(b) The cabinet may issue up to three (3)
notices of deficiency during the ninety (90) day period.
(c) The cabinet may require the governing
body to repeat the public information process established in this
administrative regulation for any plans significantly modified during the
review process.
(6) If
the governing body fails to submit a plan, fails to correct all identified
deficiencies, or fails to amend a plan in accordance with this administrative
regulation, the cabinet shall take appropriate action, which may include one
(1) or more of the following actions:
(a)
Initiate enforcement proceedings against the governing body pursuant to
KRS
224.10-420 and
224.10-440;
(b) Withhold any grants or monies for the
area and the counties and cities located within the area pursuant to
KRS
224.10-105 and
KRS
224.43-340 until the governing body is in
compliance with its plan, including grants and reimbursements awarded pursuant
to
KRS
224.43-505; and
(c) Prepare a plan for the governing body,
conduct the public information procedure established in Section 2 of this
administrative regulation, and charge the governing body all expenses incurred
by the cabinet.
Section
4. Plan Amendment Process.
(1) A
plan may be amended upon either the initiative of the governing body of the
solid waste management area or the cabinet if the current plan is inadequate
because of new or revised information or to meet the requirements of KRS
Chapter 224 and this administrative regulation.
(2)
(a) If
the cabinet makes a determination that an amendment to a plan is necessary
pursuant to subsection (1) of this section, the cabinet shall inform the
governing body in writing of the needed changes.
(b) The governing body shall have ninety (90)
days to prepare and submit an amendment in accordance with subsection (5) of
this section.
(3)
(a) If the governing body makes a
determination to amend its plan, the governing body shall prepare and submit to
the cabinet a request to amend that contains the:
1. Name of the county or area that intends to
amend the plan;
2. Name and address
of the governing body;
3. Name,
address, and phone number of a contact person;
4. Identification of the pages of the plan to
be affected and a brief statement of the nature of the amendment; and
5. A written justification, desired outcome,
implementation schedules, and the financial impact of the proposed
amendment.
(b)
1. The cabinet shall review the request to
amend within thirty (30) calendar days of receipt and determine if a plan
amendment is necessary as established in subsection (2)(a) of this section. If
the plan amendment is not necessary, the cabinet shall inform the governing
body that no amendment is required.
2. If a plan amendment is necessary, the
cabinet shall notify the governing body to proceed with the amendment process
in accordance with subsections (4) and (5) of this section.
(4)
(a) The governing body shall publish a public
notice regarding the proposed amendment to its plan in accordance with Section
2 of this administrative regulation unless the cabinet informs the governing
body in writing that a public notice is not necessary. The cabinet shall not
require the governing body to publish a public notice if the proposed amendment
is to:
1. Correct a clerical error;
2. Correct a typographical error;
3. Change the name, address, or phone number
of a person identified in the plan;
4. Make revisions to solid waste ordinances
pertaining to changes in waste haulers, franchise agreements, or similar
service changes in which services are revised and a public notice and comment
period have already been conducted as part of the local ordinance approval
process; or
5. Make similar minor
administrative changes.
(b) Solid waste plan amendments that require
the governing body to undertake the public information process established in
Section 2 of this administrative regulation, shall include any solid waste plan
amendment that:
1. Increases fees to the
public;
2. Diminishes services to
the public;
3. Closes a solid waste
facility;
4. Establishes a new
solid waste facility;
5. Expands
the size or capacity of an existing facility;
6. Changes the location of a solid waste
facility or;
7. Other similar
changes to facilities or services that affect the public.
(5) Upon approval by the governing
body of the proposed plan amendment, the governing body shall submit to the
cabinet:
(a) A copy of each page of the plan
that is being amended;
(b) A copy
of the public notice, as published, from each newspaper that published the
notice verifying the date of publication;
(c) A copy of the ordinance, resolution, or
administrative regulation of the governing body approving the amendment and its
submission to the cabinet;
(d)
Copies of any ordinances, resolutions, or administrative regulations approving
the amendment by the first or second class city governing body that developed
its portion of the plan, if required;
(e) Copies of any agreements or contracts
relating to the plan amendment, if applicable;
(f) Copies of any proposed ordinances,
resolutions, administrative regulations, or by-laws relating to the plan
amendment, if applicable; and
(g)
Upon request, additional documentation necessary for the cabinet to determine
that the plan amendment process procedure was properly followed.
(6) The cabinet shall inform the
governing body in writing of the cabinet's decision to approve or disapprove
the amendment to the plan.
Section
5. Plan Update Process.
(1) The
governing body shall submit to the cabinet for re-approval of an updated plan
on or before October 1, 2007, and every five (5) years thereafter.
(2) The plan update shall be subject to the
public information procedures of Section 2 of this administrative
regulation.
(3) The cabinet shall
review the plan update in accordance with Section 3 of this administrative
regulation.
Section 6.
Implementation of the Plan.
(1) Each governing
body shall implement its plan as approved by the cabinet pursuant to
KRS
224.43-345.
(2) If a governing body fails to implement an
approved plan, the cabinet:
(a) Shall not
endorse projects that generate solid waste pursuant to the Kentucky
intergovernmental review process for the area and the counties and cities
located in the area pursuant to
KRS
224.43-340 until the governing body is in
compliance with its plan;
(b) May
withhold any grants, loans or other monies for any grant applicant located in
the area pursuant to
KRS
224.10-105, including grants and
reimbursements awarded pursuant to
KRS
224.43-505, until the governing body is in
compliance with the governing body's plan; and
(c) May initiate enforcement proceedings
against the governing body. Enforcement proceedings shall be pursuant to
KRS
224.10-420 and
224.10-440.
Section 7. Annual Reports.
(1) The annual report, established in
KRS
224.43-310(5), shall be
prepared by the governing body of each solid waste management area. The report
shall be sent to the cabinet.
(2)
The annual report shall be prepared and formatted using the Solid Waste
Management Area Annual Report, DEP 6061.
Section 8. Incorporation by Reference.
(1) The following material is incorporated by
reference:
(a) "Guidance for Preparing a Solid
Waste Management Area Plan 5-Year Update", DEP 6062, March 2017; and
(b) "Solid Waste Management Area Annual
Report ", DEP 6061, July 2017.
(2) This material may be inspected, copied,
or obtained, subject to applicable copyright law, at Division of Waste
Management, 300 Sower Boulevard, Second Floor, Frankfort, Kentucky 40601,
Monday through Friday, 8:00 a.m. to 4:30 p.m.
(3) This material may also be obtained on the
division's Web site at eec.ky.gov/environmental-protection/waste.
STATUTORY AUTHORITY:
KRS
224.43-340,
224.43-345