401 Ky. Admin. Regs. 45:025
Current through Register Vol. 51, No. 4, October 1, 2024
Section 401 KAR 45:025 - Permit review and determination timetablesRELATES TO: KRS 224.01, 224.10, 224.40, 224.50
NECESSITY, FUNCTION, AND CONFORMITY: KRS 224.50-760(1)(d) authorizes the cabinet to promulgate administrative regulations for the management, processing, and disposal of special wastes. KRS 224.40-305 requires persons who establish, construct, operate, maintain, or allow the use of a waste site or facility to obtain a permit. KRS 224.10-220 requires the cabinet to promulgate administrative regulations to establish timetables for the review and determination of permit applications. This administrative regulation establishes timetables for the review and determination of special waste permit applications and registrations but does not establish permitting timetables for biosolids from the treatment of domestic sewage or sewage sludge from a treatment facility pursuant to 401 KAR 45:105.
Section 1. Submittal of Permit Applications and Registrations.(1) The official date of receipt for documents associated with a special permit application or registration shall be the date the document is stamped received by the Division of Waste Management.(2) The applicant or registrant shall submit all information required in the applicable permit application.Section 2. Administrative Completeness Determination. (1)(a) A application or registration shall not be reviewed until the cabinet has determined that the application or registration is administratively complete. A determination by the cabinet that an application or registration is administratively complete means that the application or registration contains the major elements required by the applicable forms.(b) An application or registration shall not be deemed administratively complete if one (1) or more major components are found to be absent from the application or registration, which, by virtue of their absence, would require that the permit be denied. A determination that an application or registration is administratively complete shall not mean that any aspect of the application is technically sufficient.(2) Within forty-five (45) calendar days of receipt of the application or registration, the cabinet shall provide written notice to the applicant or registrant as to the administrative completeness of the application or registration.(a) If the application or registration is determined to be incomplete, the cabinet shall notify the applicant or registrant of all the deficiencies that render it administratively incomplete. The applicant or registrant shall have thirty (30) calendar days from mailing or hand delivery of the cabinet's notice of deficiency to correct the deficiencies and render the application or registration administratively complete, unless the cabinet and applicant approve a longer time period in writing.(b) The cabinet shall have thirty (30) calendar days from receipt of the applicant's or registrant's submittal of a complete response to a notice of deficiency to determine if the application or registration is administratively complete.1. If the applicant or registrant submits the application or registration administratively complete within the established timetable, the cabinet shall notify the applicant or registrant in writing that the review and determination period established by Section 3 of this administrative regulation has commenced.2.a. If the cabinet determines that the application or registration is not administratively complete at the end of the established timetable, the cabinet shall make a written determination to deny the permit. The reason the application or registration fails to comply with the requirement to submit a complete application shall be submitted to the applicant or registrant.b. This action shall not preclude the submission of a new application or registration for the same site or facility in the future. Submission of a new application or registration shall be considered a new submittal for the purpose of fees and review timetables.Section 3. Timetables for Permit or Registration Review and Determination.(1) All administratively complete permit applications and registrations shall be reviewed and a determination made to issue, acknowledge, or deny the permit within the timetables established in paragraphs (a) through (h) of this subsection.(a) Special Waste Formal Permit: 180 calendar days.(b) Notice of Intent to Apply for a Special Waste Landfarming or Composting Permit: ninety (90) calendar days.(c) Registered Permit-by-rule: ninety (90) calendar days.(d) Research, Development, and Demonstration Permit: 180 calendar days.(e) Special Waste Permit modifications: 180 calendar days.(f) Permit transfer: 180 calendar days.(g) Permit renewal: ninety (90) calendar days.(h) Permit-by-rule applicability determinations: ninety (90) calendar days.(2) The timetables established in subsection (1) may be extended at the initiative of either the cabinet or the applicant or registrant. The purpose and period of the extension shall be in writing and, if agreed to by both parties, shall be signed by both the cabinet and the applicant or registrant. The agreement to extend the timetable shall become part of the cabinet's permit or registration file.Section 4. Timetable Exclusions. The time periods established in Section 3 of this administrative regulation shall not run:(1) From the date the cabinet mails or hand delivers a notice of deficiency until the date the Division of Waste Management stamps as received a completed response to the deficiencies. If a notice of deficiency is sent to an applicant or registrant, the applicant or registrant shall have 180 calendar days to respond to the notice of deficiency. Failure to respond to a notice of deficiency within 180 calendar days shall be grounds for denial of the permit;(2) Sixty (60) days from the date of any public hearing on the application or registration to allow the cabinet time to consider public comments; and(3) From the date a permit application or registration is subject to any adjudicatory process that prevents the cabinet from making a determination to the date all administrative or judicial hearings are final and all parties are in compliance with all final orders resulting from those hearings.Section 5. 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.(2) If the permits are coordinated, the cabinet shall so notify the applicant and indicate the time frames under which the intermediate actions and final permit actions shall be accomplished.(3) The established time frame for final action shall not exceed the last date for action that is provided for under applicable statutes and 401 KAR Chapter 45, based on all applications being considered and their filing dates.19 Ky.R. 1950; 2253; 2404; eff. 4-28-1993; Crt eff. 9-5-2018; TAm eff. 10-15-2018; 50 Ky.R. 919, 20258; eff. 6/6/2024.STATUTORY AUTHORITY: KRS 224.10-220, 224.40-305, 224.50-760(1)(d)