401 KAR 47:180. Contents of the administrative application for solid waste landfills

Link to law: http://www.lrc.ky.gov/kar/401/047/180.htm
Published: 2015

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      401 KAR 47:180.

Contents of the administrative application for solid waste landfills.

 

      RELATES TO: KRS

224.01, 224.10, 224.40, 224.44, 224.99, 50 C.F.R. Part 424

      STATUTORY

AUTHORITY: KRS 224.10-100, 224.40-305

      NECESSITY,

FUNCTION, AND CONFORMITY: KRS Chapter 224 requires the cabinet to adopt rules

and administrative regulations for the management, processing or disposal of

wastes. KRS 224.40-305 requires that persons engaging in the management,

processing or disposal of waste obtain a permit. This chapter establishes the

permitting standards for solid waste sites or facilities, the standards

applicable to all solid waste sites or facilities, and the standards for

certification of operators. An overview of the permit program is found in

Section 1 of 401 KAR 47:080. This administrative regulation sets forth the

general contents of the administrative application for solid waste landfills

excluding landfarming.

 

      Section 1.

Objective and General Requirements. The objectives of the administrative

application for solid waste facilities are to allow the cabinet to determine if

the proposed permit is consistent with local solid waste management area

requirements and to review potential effects on human health and the

environment if the proposed landfill is permitted. The information required for

an administrative application for solid waste management facilities includes,

but shall not be limited to, ownership documents, documentation of past

performance, results from the geotechnical investigation specified in the

approved notice of intent to apply for a solid waste permit, and the proposed

design plan. The information provided shall be sufficient to allow the cabinet

to evaluate the data detailing the site characteristics and the proposed design

in the administrative application compared with the requirements for each type

of site or facility, the waste to be disposed, and the ability to meet

environmental performance standards. Information required in the administrative

application shall be submitted to the cabinet in a format approved by the

cabinet and signed in accordance with requirements in Section 6 of 401 KAR

47.160. Design drawings, specifications, and engineering studies shall be

sealed by a professional engineer registered in Kentucky. The contents of the

administrative application contain information that is part of a complete

application as required by KRS 224.40-310. The contents of the administrative

application shall be accurate and complete at the time the cabinet makes its

preliminary determination to issue a solid waste permit.

 

      Section 2.

Notice of Intent to Apply. The owner or operator shall state the name of the

applicant and list the date of submittal of the notice of intent to apply for a

solid waste permit as required by 401 KAR 47:170.

 

      Section 3.

Compliance with the Area Plan. (1) The applicant shall describe how the

proposed new solid waste site or facility or expansion to the existing solid

waste site or facility complies with or relates to relevant solid waste

management area plan. If the proposed site or expansion is in an area with an

approved area plan, the cabinet shall review the application for compliance

with the solid waste management area plan. If the proposed facility does not

comply with the approved area plan, the cabinet may deny the permit application

unless a revision or amendment to the plans are completed by the solid waste

management areas and approved by the cabinet.

      (2) Modification

of facilities. When an application for a modification to a solid waste site or

facility is for an increase in the quantity of waste, the cabinet may deny the

application when the additional quantity shall reduce the projected operating

life to less than five (5) years. If an application for a modification to a

solid waste site or facility reduces the projected operating life of the site

or facility to less than five (5) years, the cabinet shall notify the affected

solid waste management areas.

 

      Section 4.

General Information Requirements. (1) The applicant is to describe the

potential impact of operating the facility on the following:

      (a)

Transportation facilities;

      (b) Prime

agricultural lands; and

      (c) Water

resources.

      (2) Historic

properties. The application shall include a review of the site features or

structures of historical significance.

      (3) Endangered

or threatened species. The application shall include an inventory of any

federally listed endangered or threatened species and the habitat critical to

any endangered or threatened species consistent with the requirements of 50 CFR

Part 424 as of October 1984.

      (4) Variances.

The applicant shall describe any anticipated variance requests pursuant to

Section 2 of 401 KAR 30:020, including the administrative regulation from which

relief is sought. The variance request shall describe the ability of the

applicant to meet the environmental performance standards of 401 KAR 47:030 if

the variance is granted.

      (5) The

applicant shall provide a statement that the facility complies with any local

planning and zoning laws.

      (6) The

applicant shall provide a statement that the proposed facility does not

conflict with the solid waste management area plan(s) or requirements of the

district or county.

      (7) The

applicant shall provide a copy of the deed to the property and a copy of the

lease or proposed lease showing a thirty (30) year right of reentry following

closure of the facility if the landowner is not the applicant. The proposed

lease or option shall be executed prior to permit issuance. The applicant shall

also provide the names of the owners of mineral rights beneath the property.

      (8) The

applicant shall provide a statement that describes what assistance the local

fire district shall provide.

 

      Section 5.

Topographic Map and Site Information. The administrative application shall

contain:

      (1) An existing

conditions topographic map at a suitable scale to depict the anticipated buffer

zones and limits of waste on an engineering drawing twenty-four (24) inches by

thirty-six (36) inches. The contour intervals on the map shall be two (2) feet.

The map shall clearly show the following:

      (a) Legend with

a bar scale, date of preparation, and last update;

      (b) Orientation

of the map (north arrow);

      (c) 100 year

flood plain area and, if applicable, floodway;

      (d) Surface

waters, including ephemeral, intermittent and perennial streams;

      (e) Surrounding

land uses (residential, commercial, agricultural, recreational, etc.). For

areas with zoning, the land use map shall conform to the local zoning agency's

land use mapping system;

      (f) A wind rose

(i.e., prevailing wind-speed and direction);

      (g) Property

lines;

      (h) The location

of areas which are proposed to be excavated to obtain earthen material for the

construction of the facility and for cover material;

      (i) The zones

that reflect the area of expected subsidence or critical draw if subsurface

mines, caves or excavations subside;

      (j) Proposed

limits of the waste;

      (k) The actual

elevation referenced to a United States Geological Survey mean sea level datum

and location of test borings and core samplings;

      (l) Injection

and withdrawal wells;

      (m) Any existing

structures; and

      (n) Alternate

map and drawing scales may be approved by the cabinet.

      (2) Site

information. The applicant shall provide the following information regarding

the potential site:

      (a) Total acres

of site;

      (b) Acres of the

site to be designed for disposal areas;

      (c) Approximate

waste volume based on a minimum of four (4) equally spaced cross-sections;

      (d) Planned life

of facility;

      (e) A

description of title, deed, or usage restrictions affecting the proposed permit

area including a scaled drawing showing the current boundaries of all property

proposed for development and buffer zones, and the ownership of these

properties and all adjacent property; and

      (f) The presence

of any abandoned, reclaimed, active or inactive surface or subsurface mines or

natural caves on the site.

 

      Section 6.

Geologic and Hydrogeologic Information. (1) The administrative application

shall include the following geologic information:

      (a) A

description of the type, texture, thickness and range in thickness of

unconsolidated materials;

      (b) A

description of the regional bedrock geologic structure to include the regional

stratigraphic strike and dip, the locations and attitudes of regional faults

and folds and regional jointing trends;

      (c) A

description of the site specific geologic structure to include site specific

stratigraphic strike and dip, the locations and attitudes of any faults or

folds intersecting the site and the attitudes and spacing of joints;

      (d) A brief

description of the influence that fracture zones have on the movement of

infiltrated water and groundwater;

      (e) A minimum of

two (2) geologic cross sections, using published data, bedrock outcrops and

rock core boring information which shall be depicted on scaled drawings with

vertical exaggeration, to adequately illustrate the geology of the site. The

cross sections shall include:

      1. The seasonal

high groundwater table; and

      2. Rock outcrop

occurrences.

      (f) A list of

any extractable coal seams or other minerals beneath the site;

      (g) A

description of any active or inactive deep mines located beneath the site or

within 1,500 feet of the site including depth to mined area, aerial extent of

mined area and type of minerals mined (if coal, give the names of seams); and

      (h) A map

depicting the property, the proposed limits of waste and the area at least

1,500 feet from the limits of waste at a scale of one (1) inch equals 400 feet

that shows the following:

      1. Geologic

units and rock outcrop occurrences;

      2. Surface

depressions, sinkholes and spring occurrences;

      3. Location of

wells used for water withdrawal and injection of fluids;

      4. Location of

rock core borings; and

      5. Surface

contours.

      (2) The

administrative application shall include the following hydrogeologic

characterization:

      (a) The

hydrologic characteristics of the uppermost aquifer and the geologic units

hydraulically connected to it, including field test data for hydraulic

conductivity, storage coefficient and transmissivity, and groundwater hydraulic

gradient and velocity. The description of these characteristics shall be based

on multiple well aquifer tests, piezometer nest evaluation, core evaluation and

other appropriate methods approved by the cabinet. In karst environments both

diffuse and discrete flow conditions shall be characterized. The water quality

characterization as specified in Section 11 of 401 KAR 48:300 shall be

included. The application shall include data and the procedures and

calculations used to determine these characteristics;

      (b) Tracer

studies. Where sites overlie fractured bedrock, weathered limestone or dolomite

bedrock or where karst environments cannot be avoided, the cabinet may require

tracer studies before finalizing the groundwater monitoring plan; and

      (c) A survey and

listing of residential springs and water wells within one (1) mile of the

proposed waste boundaries. The survey shall determine the location of springs

and wells which shall be shown on a map with their approximate elevation and

depth, name of owner, age and usage of the spring or well, stratigraphic unit

that the spring is located in or is constructed in, well construction, static

well levels, spring or well yield, perceived water quality, and any other

relevant data which can be obtained.

 

      Section 7. Soils

Information. The administrative application for a solid waste landfill shall

contain a soils inventory consisting of a description of the total volume and

source of borrow material available, and total estimated volume and source of

required daily cover, interim cover, long term cover, final cover, and low

permeability soils required by 401 KAR 48:060, 401 KAR 48:070, 401 KAR 48:080,

401 KAR 48:090, and 401 KAR 48:170. The administrative application shall

include the following soils data as determined by the approved site

investigation: location, depth, thickness, classification of soils for

engineering purposes, particle size distribution, atterburg limits, optimum

moisture, permeability, and recoverable volume in compacted cubic yards for each

soil classification and permeability. The administrative application shall

include a map at a scale of one (1) inch equals 400 feet depicting the

distribution of the soils that is keyed to a list of the soils by engineering

classification. The approximate volume and depth of each type of soil shall be

recorded on the map.

 

      Section 8.

Siting Restrictions and Design Report for Landfills. The administrative

application for landfills shall contain a report describing the design the

applicant proposes for the facility to meet the siting, design and operating

requirement restrictions in 401 KAR 47:030, 401 KAR 48:050, 401 KAR 48:060, 401

KAR 48:070, 401 KAR 48:080, 401 KAR 48:090 401 KAR 48:170 and be consistent

with Section 4 of this administrative regulation. The report shall include a

description of the engineering drawings to be developed by type and the

proposed scale for each. The report shall include the proposed points of

compliance as required in accordance with 401 KAR 48:300, Section 3. The design

report shall address the proposed liner and cap design.

 

      Section 9.

Executive Summary. The administrative application shall include an executive

summary pursuant to KRS 224.40-310.

      (1) The written

portion of the executive summary shall be in a format that may be understood by

the average citizen and shall contain:

      (a) The

applicant's name and address;

      (b) Directions

to the site;

      (c) Zoning

requirements;

      (d) Purpose of

the application;

      (e) Type of

landfill, i.e., construction/demolition debris, residual, or contained;

      (f) Acreage of

the property and the area to be filled;

      (g) Volume of

fill stated in cubic yards;

      (h) Source of

waste by county or facility as appropriate, both in-state and out-of-state;

      (i) A

description of all waste, other than residential, to be disposed at the site;

      (j) Anticipated

operating life of the proposed landfill site reported in years;

      (k) A

description and the source of soils to be used for liner, cover material, and

other purposes;

      (l) General

geology, i.e., limestone, coal field, etc., of the proposed site area;

      (m) A

description of the groundwater resources (aquifers and flow patterns);

      (n) Approximate

depth to groundwater and general groundwater use in the area;

      (o) A

description of surface water control measures;

      (p) A

description of the liner and cap;

      (q) Leachate

management methodology to include treatment and or disposal; and

      (r) Any other

information considered to be pertinent to the public interest or of concern to

the solid waste management planning area, the applicant, or the cabinet.

      (2) An area map,

twenty-four (24) inches by thirty-six (36) inches, shall be provided depicting

the proposed development plan. The map shall be prepared to include the

facility plus 1,500 feet from the boundary of the proposed waste cells. The map

shall show the following:

      (a) Major

highways and features;

      (b) Site

boundaries and waste limits;

      (c) Adjacent

land use and zoning;

      (d) Any water

supply intake shall be either shown or noted;

      (e) Federally

listed endangered and threatened species or candidate species and their habitat

as identified by the Kentucky Nature Preserves Commission and the Kentucky

Department for Fish and Wildlife Resources;

      (f) The

direction of groundwater flow;

      (g) Location of

groundwater users; and

      (h) Property

boundaries where they occur on the map showing the adjacent land owner's name.

      (3) Graphics or

engineering drawings shall be provided to show the following:

      (a) Proposed

landfill site prior to development;

      (b) Anticipated

landfill units and phases;

      (c)

Environmental protection measures including liners, cap, groundwater

monitoring, surface water monitoring, silt ponds, etc.;

      (d) Geologic

setting of the site; and

      (e) Proposed

site entrance.

 

      Section 10.

Ownership Information. The administrative application shall contain a showing

of the past compliance record for both the applicant and any other individual

or entity designated to own or operate the facility by submitting the

following:

      (1)

Organizational structure;

      (a) If the

applicant is a proprietorship, the applicant shall provide a detailed listing

of:

      1. The

proprietors and their respective interests, whether ownership or otherwise; and

      2. Any

partnerships (general or limited), joint venture, or corporation in which the

applicant holds a twenty-five (25) percent or more interest (whether ownership

or otherwise);

      (b) If the

applicant is a partnership, either general or limited, the applicant shall

provide a detailed listing of:

      1. Each of the

partners and their respective interests, whether ownership or otherwise;

      2. Any

corporation, joint venture, partnership (general or limited), or proprietorship

in which any of the constituent partners of the applicant holds twenty-five

(25) percent or more interest (whether ownership or otherwise); and

      3. Any

corporation, joint venture, proprietorship, or partnership (general or limited)

which holds a twenty-five (25) percent or more interest (whether ownership or

otherwise) in any of the nonindividual constituent partners comprising the applicant;

      (c) If the

applicant is a corporation, the applicant shall provide a detailed listing of:

      1. The officers,

directors, and major stockholders;

      2. Any

corporation of which the applicant is either a subsidiary or which holds

twenty-five (25) percent or more interest (either in stock or assets) in the

applicant;

      3. Any

corporations which are either subsidiaries of the applicant or in which the

applicant holds a twenty-five (25) percent or more interest (either in stock or

assets); and

      4. Any proprietorship,

partnership (general or limited), or joint venture in which the applicant holds

a twenty-five (25) percent or more interest, whether ownership or otherwise;

      (d) If the

applicant is a joint venture, a detailed listing of:

      1. All other

joint ventures, and the respective interests (whether ownership or otherwise)

of each; and

      2. Any

proprietorship, partnership (general or limited), joint venture or corporation

in which the applicant holds a twenty-five (25) percent or more interest

(whether ownership or otherwise); and

      (2) For every

individual or other entity listed in subsection (1) of this section, a detailed

listing of violations of federal or state laws, rules or administrative

regulation, whether judicial or administrative, where proceedings are completed

and have resulted in criminal convictions or civil or administrative fines as

much as or more than $1000. The status of any pending action, whether judicial

or administrative, shall also be submitted. This subsection shall apply to the

requirements of the Clean Air Act (1955) as amended through December 1987, the

Clean Water Act (1977) as amended through November 1988, the Surface Mine

Reclamation Act (1977) as amended through July 1987, the Resource Conservation

and Recovery Act (1976) as amended through November 1988, the Occupational

Safety and Health Act (1970) as amended through November 1984, KRS Chapter 224,

KRS Chapter 350 and KRS Chapter 352; and

      (3) For each and

every individual or other entity listed in subsection (1) of this section, a

current financial statement prepared by a certified public accountant. (16

Ky.R. 1759; Am. 2199; 2361; eff. 5-8-90.)