401 KAR 47:170.
Notice of intent to apply for a solid waste permit.
RELATES TO: KRS
224.01, 224.10, 224.40, 224.43, 224.99
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
requirements for a notice of intent to apply for a solid waste permit.
Section 1. The
Objectives and Requirements of the Notice of Intent to Apply for a Solid Waste
Permit. All applicants for a solid waste permit shall submit a notice of intent
to apply for a solid waste permit that shall contain the information specified
in Section 2 of this administrative regulation. An applicant for a solid waste
construction/ demolition debris, contained, or residual landfill permit shall
additionally submit the geotechnical information contained in Section 3 of this
administrative regulation. An applicant for a landfarming permit shall submit a
notice of intent to apply for a solid waste permit in accordance with 401 KAR
48:200. The notice of intent to apply for a solid waste permit makes the
cabinet aware of the potential location for a new site or site expansion;
allows for review of existing information for suitability of the site relative
to 401 KAR 47:030, 401 KAR 47:100, and 401 KAR Chapter 48; allows for review
and approval of the proposed field investigations to supplement the existing
information; allows the cabinet to determine the relationship of a proposed
facility to the approved solid waste management area plan; and identifies any
provisions of local government that pertain to the proposed facility. The
notice of intent to apply contains information that is part of a complete
application as required by KRS 224.40-310.
Section 2.
Notice of Intent to Apply for a Solid Waste Permit. All notices of intent to
apply for a solid waste permit shall include the following information:
(1) The
management, processing, or disposal activities that require a solid waste
permit under KRS Chapter 224;
(2) The name and
mailing address of the proposed facility;
(3) The
location, including latitude and longitude, of the center of the proposed waste
disposal area(s);
(4) A list of
the anticipated sources that generate wastes to be disposed at the site;
(5) For
industrial facilities seeking a permit, the major applicable United States
Department of Commerce Standard Industrial Classification Codes (SIC) and a
description of the process in sufficient detail to allow determination of the
materials used for production and the resultant chemical, physical, and
hazardous character of the wastes. Hazardous waste characterization shall be
consistent with 401 KAR Chapter 31;
(6) The
operator's name, address, and telephone number;
(7) The name,
address, and telephone number of the owner of the property and a copy of the
current deed to the property;
(8) Written
directions to the site, using roads or highways, from a commonly known
landmark;
(9) A general
county highway map eleven (11) inches by fourteen (14) inches as published by
the Kentucky Transportation Cabinet for the county showing the location of the
proposed site;
(10) A
description of the portions of the property to be used for waste management,
processing, or disposal to include the area in acres, and anticipated peak
capacity; and average rate of operation in cubic yards and tons per day;
(11) The source
by county or facility as appropriate; the chemical, physical, and biological
characteristics of the solid wastes to be managed at the facility; an estimate
of the quantity of such wastes to be managed annually; and a general
description of the methods of management for each waste;
(12) A listing
of all permits or construction approvals anticipated, applied for, or received
under any of the following programs that relate specifically to the proposed facility;
(a) Solid and
Hazardous Waste Management Program under the Resource Conservation and Recovery
Act and KRS Chapter 224 as specified in 401 KAR Chapters 30 through 48;
(b) Underground
Injection Control Program under the Safe Drinking Water Act; and
(c) NPDES
Program under the Clean Water Act, or the KPDES Program under KRS Chapter 224
as specified in 401 KAR 5:050 through 5:085;
(13) For
existing facilities, the following additional information shall be included:
(a) A drawing of
the facility showing the location of all past, present, and proposed future
waste management areas;
(b) Photographs
of the facility clearly delineating all existing structures, existing waste
management areas, primary operating components, and sites of future waste management;
(c) A report
describing the permitting and compliance history that relates to the existing
sites and the owner's abilities to meet the environmental performance standards
of 401 KAR 47:030. This report shall include the financial requirements to modify
the site or facility to meet the environmental performance standards;
(d) A written
description of compliance with the Prevention of Significant Deterioration
(PSD) program under KRS Chapter 224 as specified in 401 KAR 51:017;
(e) A written
description of compliance with the nonattainment program under KRS Chapter 224
and as specified in 401 KAR 51:052;
(f) Water
quality certification as required by Section 401 of the Clean Water Act;
(g) All permits
issued for mineral or coal extraction under the Surface Mining and Reclamation
Act and KRS Chapter 350; and
(h) Other
relevant environmental permits.
(14) A review of
all pertinent published information pertaining to the proposed solid waste site
or facility concerning federally protected threatened and endangered species
and their critical habitat, historical properties, archaeological sites, and
wetlands; and
(15) Any other
information that may be required to determine that the respected permit
conforms to the requirements for solid waste sites or facilities.
Section 3.
Geotechnical Information. The notice of intent to apply for a solid waste
landfill permit shall contain a geotechnical report and site investigation plan
including:
(1) An original
current USGS seven and one-half (7.5) minute topographic quadrangle map showing
the proposed waste boundaries and the property boundaries. The map shall show
the following items that are located within one (1) mile of the proposed waste
boundary:
(a) All surface
water intake and discharge structures;
(b) All waste
management, processing, or disposal facilities;
(c) All wells
where fluids are injected underground; and
(d) All wells,
springs, ephemeral, intermittent, and perennial streams, other surface water
bodies, and drinking water wells.
(2) A review of
all pertinent existing and published information pertaining to:
(a) Geology
(karst features, structural features, and lithologic description);
(b) Hydrogeology
of the groundwater resources and aquifers that shall be monitored;
(c) Hydrology
(streams, wetlands and, other surface water bodies); and
(d) Caves and
excavations including mined or quarried areas;
(3) A written
plan addressing the determination of specific requirements of 401 KAR 47:030,
401 KAR 47:180, 401 KAR 48:050 through 401 KAR 48:080, and 401 KAR 48:170 as
appropriate;
(4) A rock core
boring plan that shall:
(a) Provide the
data needed to evaluate the geologic features to the level of the first
confining layer below the uppermost aquifer, and all geologic units
hydraulically connected to the uppermost aquifer;
(b) Provide the
data needed to determine the features of the liner system for the appropriate
landfill class;
(c) Provide data
to describe the site geology, the local aquifers that are hydrogeologically
associated with the site, and the transmissivity of the aquifers; and
(d) Include
relevant field data and appropriate test methods for determining hydrogeologic
parameters;
(5) A soil
boring plan that shall address the field and laboratory methods to be used. The
soil boring plan shall include:
(a) The
procedures to be used for field observations during solid borings and the
criteria for selecting soils to be examined in the laboratory and a procedure
for all soil borings to be field classified by a person qualified to make
distinctions on characteristics relative to the engineering classification of
soils;
(b) An analysis
plan for at least one (1) soil sample for each soil type within each soil
examination block. Each soil examination block shall be no larger than 1000 feet
by 1000 feet and include a narrative describing the soils to be selected for
laboratory examination using a test method approved by the cabinet; and
(c) The proposed
depth of soil borings and their depth relationship to the limits of proposed
excavation.
(6) Directions
for closure of the rock core borings using grout and closure of the soil
borings. The closure of the investigative excavations shall be acknowledged in
writing by a qualified engineering geotechnical investigation professional;
(7) The methods
and accuracy to be used to determine the location of the rock core borings and
the soil borings during the subsurface investigation;
(8) A site
geotechnical investigation map prepared at a scale of one (1) inch equals 400
feet showing the limits of all areas that may be used for soil borrow or waste
disposal, site topography, and the USDA SCS soil group mapping. The site map
shall have the following shown:
(a) A regular
grid (soil examination block) of 1,000 feet by 1,000 feet spacing;
(b) USDA SCS
soil groups;
(c) Within each
soil examination block of the grid, the placement of at least one (1) soil
boring for each soil type; and
(d) Additional
soil boring locations such that a minimum of nine (9) soil borings shall be
taken in each soil examination block.
(9) A procedure
for written documentation when the location of actual subsurface excavations
(borings or corings) are adjusted in the field. The adjusted excavation
locations shall achieve the criteria of this section and shall be subject to concurrence
by the cabinet;
(10) Additional
information for each classification of landfill as outlined below:
(a) For
construction/demolition debris landfills, the geotechnical investigation map
shall be annotated to show the proposed location of a minimum of three (3) rock
core borings. The number and placement of the rock core borings shall be
determined based on the size and geologic complexity of the site;
(b) For
contained landfills, the geotechnical investigation map shall show the proposed
location of a minimum of four (4) rock core borings. For sites with more than
fifty (50) acres, an additional rock core boring shall be required for each
additional twenty-five (25) acres or part thereof. The placement of the rock
core borings shall be dependent on site geologic features of the proposed site.
Additional rock core borings may be required for sites with complex geologic
attributes; and
(c) For residual
landfills, additional geotechnical information or samples may be required; and
(11) Other informational
sources to be researched for site specific attributes. The sources shall
include, at a minimum, surface mining permits, subsurface excavation and mining
permits, and records of the Kentucky Geologic Survey and the Kentucky
Department of Mines and Minerals. (16 Ky.R. 1755; Am. 2197; 2359; eff. 5-8-90.)
