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
KRS 146.270, 151.125, 224.10-100, 224.10-220
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
(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
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.)