401 KAR 4:300.

Permit timetables for 401 KAR Chapter 4.

 

      RELATES TO: KRS

146.200-146.360, 151.140, 224.10-100, 224.10-220

      STATUTORY AUTHORITY:

KRS 146.270, 151.125, 224.10-100, 224.10-220

      NECESSITY, FUNCTION,

AND CONFORMITY: KRS 224.10-220 requires the Environmental and Public Protection

Cabinet to prescribe timetables for the issuance of all permits by the cabinet,

except those permits for which a timetable is set out by statute. This

administrative regulation establishes timetables for permits that are required

by 401 KAR Chapter 4, except those permits whose timetables are set out in KRS

146.290 and 151.260.

 

      Section 1. Permit

Timetables. The cabinet shall issue its final decision on a complete permit

application within the review times specified in this section. A complete

permit application shall contain all the administrative and technical

information required by applicable statutes and administrative regulations.

      (1)(a) Except as

provided in Section 2 of this administrative regulation, within thirty (30)

calendar days of initial receipt of an application for permits subject to

subsections (2) and (4) of this section, the cabinet shall notify the applicant

as to whether the application is administratively complete, or if not complete,

of the deficiencies which make the application administratively incomplete. A

determination that the application 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.

      (b) If the

application is determined to be administratively incomplete, the applicant

shall correct identified deficiencies within thirty (30) calendar days of the

date of notification. If the applicant does not correct the deficiencies within

the time frame, the cabinet may return the application.

      (c) After the

notification that the application is administratively complete, if the cabinet

determines that the application is technically deficient, the cabinet shall

notify the applicant of deficiencies which make the application technically

incomplete or unapprovable. The applicant shall correct the technical

deficiencies within thirty (30) calendar days of the notification, or other

time as agreed upon by the applicant and cabinet. If the technical deficiencies

are not corrected within thirty (30) calendar days or the agreed upon time

frame, the cabinet may deny the permit.

      (2) For water

withdrawal permits required by KRS 151.140, the review time shall be ninety

(90) calendar days after receipt of an administratively complete permit

application.

      (3) For change of

use permits and public hearings for a change of use permit, the review times

shall be as specified in KRS 146.290.

      (4) For utility

right of way and other approvals required by KRS 146.290, the review time shall

be sixty (60) calendar days after receipt of an administratively complete

permit application.

 

      Section 2. Timetable

Exclusions. Time periods which shall not be included in the cabinet's

consideration of its decision on an application subject to Section 1(2) or (4)

of this administrative regulation shall include:

      (1) Time waiting for

the applicant to respond to a notice of deficiency;

      (2) Time during

which the permit, application, decision, or related matter is held in

litigation, including but not limited to administrative hearings;

      (3) Time during

which an opportunity for public hearing or public comment period on a draft or

proposed permit is given, and time during which a public hearing is scheduled;

      (4) Time waiting for

federal, state or local agencies to comment on the permit or to respond to

written requests from the cabinet for additional information; and

      (5) Other times as

agreed to by the applicant and the cabinet.

 

      Section 3. Timetable

Extensions. (1) 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 timetables under which the intermediate 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.

      (2) The applicant

and the cabinet may agree that the time frames or other timetables specified in

this administrative regulation may be extended.

 

      Section 4. For

permit applications submitted to the division prior to the effective date of

this administrative regulation the review times shall be applied as if the

application were submitted on the effective date of this administrative

regulation. (19 Ky.R. 1941; Am. 2401; eff. 4-28-93.)