401 KAR 47:170. Notice of intent to apply for a solid waste permit

Link to law: http://www.lrc.ky.gov/kar/401/047/170.htm
Published: 2015

      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.)
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