††††† 401 KAR 38:050. Public information procedures.

 

††††† RELATES TO: KRS Subchapters 224.01, 224.10, 224.40, 224.43, 224.46, 224.99, 40 C.F.R. 124 Subpart A

††††† STATUTORY AUTHORITY: KRS 224.40-305, 224.46-520

††††† NECESSITY, FUNCTION, AND CONFORMITY: KRS 224.46-520 requires the Environmental and Public Protection Cabinet to promulgate administrative regulations for permitting of persons who treat, store, recycle, or dispose of hazardous waste. This administrative regulation establishes requirements for public information procedures and confidentiality.

 

††††† Section 1. Application for a Permit. (1)(a)1. Any person who requires a hazardous waste site or facility permit under KRS Chapter 224 shall complete, sign, and submit to the cabinet an application for each permit required under 401 KAR 38:010, Section 1.

††††† 2. Applications shall not be required for hazardous waste site or facility permits-by-rule, in accordance with 401 KAR 38:060, Section 1 or underground injections authorized by-rule.

††††† 3. All facilities, including underground injection wells, which meet the definition of a disposal facility as defined in 40 C.F.R. 260.10, shall demonstrate compliance to the cabinet with the requirements of 401 KAR 38:500, Provisions for approval by the local government or the Kentucky Regional Integrated Treatment and Disposal Facility Siting Board, if applicable, prior to construction or operation under a permit-by-rule.

††††† (b)1. The cabinet shall not begin the processing of a permit until the applicant has fully complied with the application requirements for that permit as established in 401 KAR 38:070, Sections 1 through 6; 401 KAR 38:080; and the applicable requirements in 401 KAR 38:150 through 38:210.

††††† 2. Applications shall be processed in accordance with 401 KAR 38:010.

††††† (c) Permit applications shall comply with the signature and certification requirements of 401 KAR 38:070, Section 7.

††††† (2)(a) Upon completing the review, the cabinet shall notify the applicant in writing whether the application is complete or incomplete.

††††† (b) If the application is incomplete, the cabinet shall list the information necessary to make the application complete.

††††† (c) If the application is for an existing hazardous waste site or facility, the cabinet shall specify in the notice of deficiency a date for submitting the necessary information.

††††† (d) The cabinet shall notify the applicant that the application is complete upon receiving this information.

††††† (e) Any application, complete or incomplete, shall be denied in accordance with 401 KAR 38:310.

††††† (3) In accordance with 40 C.F.R. 124.3(d), if an applicant fails or refuses to correct deficiencies in the application or if the applicant fails or refuses to submit additional information, the permit may be denied and appropriate enforcement actions may be taken under the applicable statutory provision.

††††† (4) If the cabinet decides that a site visit is necessary for any reason in conjunction with the processing of an application, a representative of the cabinet shall notify the applicant and a visit shall be scheduled.

††††† (5) The effective date of an application shall be the date on which the cabinet notifies the applicant that the application is complete as established in subsection (2) of this section.

††††† (6) For each application, the cabinet shall, no later than the effective date of the application, prepare and mail to the applicant a project decision schedule specifying target dates by which the cabinet intends to:

††††† (a) Prepare a draft permit;

††††† (b) Give public notice;

††††† (c) Complete the public comment period, including any public hearing; and

††††† (d) Issue a final permit.

 

††††† Section 2. Modification, Revocation and Reissuance, or Termination of Permits. (1) In accordance with 40 C.F.R. 124.5(a), a permit for a hazardous waste site or facility may be modified, revoked and reissued, or terminated either at the request of any interested person (including the permittee) or upon the cabinet's initiative. However, a permit may only be modified, revoked and reissued, or terminated for the reasons established in 401 KAR 38:040, Sections 2 and 4, and following the procedures of 401 KAR Chapter 40. All requests shall be in writing and shall contain facts or reasons supporting the request.

††††† (2)(a) If the cabinet decides the request is not justified, the cabinet shall send the requester a brief written response giving a reason for the decision.

††††† (b) Denials of requests for modification, revocation and reissuance, or termination shall not be subject to public notice, comment, or hearings.

††††† (3)(a)1. If the cabinet tentatively decides to modify or revoke and reissue a permit under 401 KAR 38:040, Section 2, the cabinet shall prepare a draft permit under Section 3 of this administrative regulation incorporating the proposed changes.

††††† 2. If needed by the cabinet to make a determination, the cabinet may request additional information and, in the case of a modified permit, may require the submission of an updated permit application.

††††† 3. In the case of revoked and reissued permits, the cabinet shall require the submission of a new application.

††††† (b)1. In a permit modification under this section, only those conditions to be modified shall be reopened when a new draft permit is prepared. All other aspects of the existing permit shall remain in effect for the duration of the unmodified permit.

††††† 2. If a permit is revoked and reissued under this section, the entire permit shall be reopened as if the permit had expired and was being reissued.

††††† 3. During any revocation and reissuance proceeding, the permittee shall comply with all conditions of the existing permit until a new final permit is reissued.

††††† (c) "Class 1 and Class 2 modifications" as identified in 401 KAR 38:040, Section 3, shall not be subject to the requirements of this section.

††††† (4) If the cabinet tentatively decides to terminate a permit under 401 KAR 38:040, Section 4, it shall issue a notice of intent to terminate. A notice of intent to terminate shall follow the same procedures as any draft permit prepared under Section 3 of this administrative regulation.

††††† (5) All draft permits (including notices of intent to terminate) prepared under Sections 3 through 5 of this administrative regulation shall be based on the administrative record as established in Section 6 of this administrative regulation.

 

††††† Section 3. Draft Permits. (1) If an application is complete, the cabinet shall tentatively decide whether to prepare a draft permit or to deny the application based on the requirements specified in KRS 224.46-520 and 401 KAR Chapters 30 through 49.

††††† (2)(a) If the cabinet tentatively decides to deny the permit application, it shall issue a notice of intent to deny. A notice of intent to deny the permit application shall follow the same procedures as any draft permit prepared under this subsection and subsection (4) of this section.

††††† (b). If the cabinet's final decision is that the tentative decision to deny the permit application was incorrect, the cabinet shall withdraw the notice of intent to deny and proceed to prepare a draft permit under subsection (3) of this section.

††††† (3) If the cabinet decides to prepare a draft permit, the draft permit shall contain the following information:

††††† (a) All conditions established in 401 KAR 38:030, Sections 1 and 3;

††††† (b) All compliance schedules established in 401 KAR 38:030, Section 4;

††††† (c) All monitoring requirements established in 401 KAR 38:030, Section 2; and

††††† (d) Standards for treatment, storage or disposal, and other permit conditions established in 401 KAR 38:030, Section 1.

††††† (4)(a) All draft permits prepared by the cabinet under this section shall be:

††††† 1. Accompanied by a statement of basis required by Section 4 of this administrative regulation or fact sheet required by Section 5 of this administrative regulation;

††††† 2. Based on the administrative record as established in Section 6 of this administrative regulation;

††††† 3. Publicly noticed as required by Section 7 of this administrative regulation; and

††††† 4. Made available for public comment as required by Section 8 of this administrative regulation.

††††† (b) The cabinet shall:

††††† 1. Give notice of the opportunity for a public hearing as required by KRS 224.40-310 and Section 9 of this administrative regulation;

††††† 2. Issue a final decision; and

††††† 3. Respond to comments as required by Section 11 of this administrative regulation.

††††† (c) An appeal may be taken as established in KRS 224.10-420.

 

††††† Section 4. Statement of Basis.

††††† (1) The cabinet shall prepare a statement of basis for every draft permit for which a fact sheet required by Section 5 of this administrative regulation is not prepared.

††††† (2) The statement of basis shall briefly describe the derivation of the conditions of the draft permit and the reasons for them or, in the case of notices of intent to deny or terminate, reasons supporting the tentative decision.

††††† (3) The statement of basis shall be sent to the applicant and, on request, to any other person.

 

††††† Section 5. Fact Sheet. (1)(a) A fact sheet shall be prepared for every draft permit for a hazardous waste site or facility which includes an incinerator, a surface impoundment, a disposal facility (landfill, land treatment facility, or injection well), or a research, development, and demonstration facility, and for every draft permit which the cabinet finds the subject of widespread public interest or raises major issues.

††††† (b) The fact sheet shall briefly establish the principal facts and the significant factual, legal, methodological, and policy questions considered in preparing the draft permit.

††††† (c) The cabinet shall send this fact sheet to the applicant and, on request, to any other person.

††††† (2) The fact sheet shall include, if applicable:

††††† (a) A brief description of the type of facility or activity which is the subject of the draft permit;

††††† (b) The type and quantity of wastes, fluids, or pollutants which are proposed to be or are being treated, stored, disposed of, injected, emitted, or discharged;

††††† (c) A brief summary of the basis for the draft permit conditions including references to applicable statutory or regulatory provisions and appropriate supporting references to the administrative record required by Section 6 of this administrative regulation;

††††† (d) Reasons why any requested variances or alternatives to required standards do or do not appear justified;

††††† (e) A description of the procedures for reaching a final decision on the draft permit including:

††††† 1. The beginning and ending dates of the comment period under Section 7 of this administrative regulation and the address where comments shall be received;

††††† 2. Procedures for requesting a hearing and the nature of that hearing; and

††††† 3. Any other procedures by which the public may participate in the final decision; and

††††† (f) Name and telephone number of a person to contact for additional information.

 

††††† Section 6. Administrative Record for Draft Permits. (1) The provisions of a draft permit prepared by the cabinet under Section 3 of this administrative regulation shall be based on the administrative record established in this section.

††††† (2) For preparing a draft permit under Section 3 of this administrative regulation, the record shall consist of:

††††† (a) The application, if required, and any supporting data furnished by the applicant;

††††† (b) The draft permit or notice of intent to deny the application or to terminate the permit;

††††† (c) The statement of basis as established in Section 4 of this administrative regulation or fact sheet as established in Section 5 of this administrative regulation;

††††† (d) All documents cited in the statement of basis or the fact sheet; and

††††† (e) Other documents contained in the supporting file for the draft permit.

††††† (3) Material readily available at the cabinet's office or published material that is generally available, and that is included in the administrative record under this subsection and subsection (2) of this section, shall not be physically included with the rest of the record if it is specifically referred to in the statement of basis or the fact sheet.

 

††††† Section 7. Public Notice of Permit Application and Public Comment Period. (1) Scope.

††††† (a) The cabinet shall give public notice under KRS 224.40-310(4) and (5) that the following actions have occurred:

††††† 1. A permit application has been tentatively denied under Section 3(2) of this administrative regulation;

††††† 2. A draft permit has been prepared under Section 3(3) of this administrative regulation;

††††† 3. A hearing has been scheduled under Section 9 of this administrative regulation; or

††††† 4. An appeal has been granted under 401 KAR 100:010.

††††† (b) Public notice shall not be required if a request for permit modification, revocation and reissuance, or termination is denied under Section 2(2) of this administrative regulation. Written notice of that denial shall be given to the requester and to the permittee.

††††† (c) Public notices may describe more than one (1) permit or permit action.

††††† (2) Timing.

††††† (a) Public notice of the preparation of a draft permit (including a notice of intent to deny a permit application) required under subsection (1) of this section shall allow at least forty-five (45) days for public comment.

††††† (b) Public notice of a public hearing shall be given at least thirty (30) days before the hearing. Public notice of the hearing may be given at the same time as public notice of the draft permit, and the two (2) notices may be combined.

††††† (3) Methods. Public notice of activities described in subsection (1)(a) of this section shall be given by the following methods:

††††† (a) Mailing a copy of a notice to the following persons (any person otherwise entitled to receive notice under this subparagraph may waive his or her rights to receive notice for any classes and categories of permits):

††††† 1. The applicant;

††††† 2. Any other agency which has issued or is required to issue an environmental permit for the same facility or activity (including United States Environmental Protection Agency);

††††† 3. Federal and state agencies with jurisdiction over fish, shellfish, and wildlife resources and over coastal zone management plans, the Advisory Council on Historic Preservation, State Historic Preservation Officers, and other appropriate government authorities, including any other affected states;

††††† 4. Persons on a mailing list developed by:

††††† a. Including those who request in writing to be on the list;

††††† b. Soliciting persons for "area lists" from participants in past permit proceedings in that area; and

††††† c. Notifying the public of the opportunity to be put on the mailing list through periodic publication in the public press and in publications such as regional and state funded newsletters, environmental bulletins, or state law journals. The cabinet may update the mailing list by requesting written indication of continued interest from those listed. The cabinet may delete from the list the name of any person who fails to respond to a request;

††††† 5. Any unit of local government having jurisdiction over the area where the facility is proposed to be located; and

††††† 6. Each state agency having any authority under state law with respect to the construction or operation of a facility;

††††† (b) Publication of a notice in a daily or weekly major local newspaper of general circulation as required by KRS 224.40-310(2), (4), and (5) and broadcast over any commercial radio stations which have general coverage in the locality where the proposed site is located; or

††††† (c) Any other method reasonably calculated to give actual notice of the action to the persons potentially affected by it, including press releases or any other forum or medium to elicit public participation.

††††† (4) Contents.

††††† (a) All public notices. All public notices issued under 401 KAR Chapter 38 shall contain the following minimum information:

††††† 1. Name and address of the office processing the permit action for which notice is being given;

††††† 2. Name and address of the permittee or permit applicant and, if different, of the facility or activity regulated by the permit;

††††† 3. A brief description of the business conducted at the facility or activity described in the permit application;

††††† 4. Name, address, and telephone number of a person from whom interested persons may obtain further information, including copies of the draft permit, statement of basis or fact sheet, and the application;

††††† 5. A brief description of the comment procedures required by Sections 8 and 9 of this administrative regulation and the time and place of any hearing that will be held, including a statement of procedures to request a hearing (unless a hearing has already been scheduled) and other procedures by which the public may participate in the final permit decision;

††††† 6. The location of the administrative record required by Section 6 of this administrative regulation, the times at which the record will be open for public inspection, and a statement that all data submitted by the applicant is available as part of the administrative record;

††††† 7. The statement contained in KRS 224.40-310(5)(e); and

††††† 8. Any additional information considered necessary or proper.

††††† (b) Public notices for hearings. In addition to the general public notice described in paragraph (a) of this subsection, the public notice of a hearing under Section 9 of this administrative regulation shall contain the following information:

††††† 1. Reference to the date of previous public notices relating to the permit;

††††† 2. Date, time, and place of the hearing; and

††††† 3. A brief description of the nature and purpose of the hearing, including the applicable rules and procedures.

††††† (5)(a) In addition to the general public notice described in subsection (4)(a) of this section, all persons identified in subsection (3)(a) of this section shall be mailed a copy of the fact sheet or statement of basis, the permit application (if any), and the draft permit (if any).

††††† (b) The cabinet shall charge for duplication cost and postage.

 

††††† Section 8. Public Comments and Requests for Public Hearings.

††††† (1) During the public comment period established in Section 7 of this administrative regulation, any interested person may submit written comments on the draft permit and may request a public hearing if a hearing has not already been scheduled.

††††† (2) A request for a public hearing shall be in writing and shall state the nature of the issues proposed to be raised in the hearing.

††††† (3) All comments shall be considered in making the final decision and shall be answered as established in Section 11 of this administrative regulation.

 

††††† Section 9. Public Hearings. (1)(a) The cabinet shall hold a public hearing on the basis of requests, if a significant degree of public interest in a draft permit is found.

††††† (b) The cabinet may hold a public hearing if a hearing will clarify one (1) or more issues involved in the permit decision.

††††† (c)1. The cabinet shall hold a public hearing if written notice of opposition to a draft permit and a request for a hearing is received within forty-five (45) days of public notice under Section 7(2)(a) of this administrative regulation.

††††† 2. The cabinet shall schedule a hearing under this section at a location convenient to the population center nearest to the proposed facility if the hearing location is in the same county as required by KRS 224.40-310(5)(e).

††††† (d) Public notice of the hearing shall be given as specified in Section 7 of this administrative regulation.

††††† (2) If a public hearing is held, the cabinet shall designate a presiding officer for the hearing who shall be responsible for its scheduling and orderly conduct.

††††† (3)(a) A person may submit oral or written statements and data concerning the draft permit.

††††† (b) Reasonable limits may be set upon the time allowed for oral statements, and the submission of statements in writing may be required.

††††† (c) The public comment period under Section 7 of this administrative regulation shall automatically be extended to the close of any public hearing under this administrative regulation.

††††† (d) The hearing officer may also extend the comment period by stating so at the hearing.

††††† (4) A tape recording or written transcript of the hearing shall be made available to any person upon payment of the actual cost of reproducing the original.

 

††††† Section 10. Reopening of the Public Comment Period. (1)(a) The Director may order the public comment period reopened if the procedures of this paragraph could expedite the decision-making process. If the public comment period is reopened under this paragraph, all persons, including applicants, who believe any condition of a draft permit is inappropriate or that the Cabinetís tentative decision to deny an application, terminate a permit, or prepare a draft permit is inappropriate, shall submit all reasonably available factual grounds supporting their position, including all supporting material, by a date, not less than sixty days after public notice under paragraph (1)(b) of this section, set by the Cabinet. Thereafter, any person may file a written response to the material filed by any other person, by a date, not less than twenty days after the date set for filing of the material, set by the cabinet.

††††† (b) Public notice of any comment period under this paragraph shall identify the issues to which the requirements of 401 KAR 38:010, Section 1 apply.

††††† (c) On its own motion or on the request of any person, the Cabinet may direct that the requirements of paragraph (a) of this subsection shall apply during the initial comment period if it reasonably appears that issuance of the permit will be contested and that applying the requirements of paragraph (a) of this subsection will substantially expedite the decision-making process. The notice of the draft permit shall state if this has been done.

††††† (d) A comment period of longer than 60 days may be necessary in complicated proceedings to give commenters a reasonable opportunity to comply with the requirements of this section. Commenters may request longer comment periods and they shall be granted under Section 7 of this administrative regulation to the extent they appear necessary.

††††† (2) In accordance with 40 C.F.R. 124.14(b), if any data, information or arguments submitted during the public comment period (including information or arguments that any condition of the draft permit or permit denial is inappropriate) appear to raise substantial new questions concerning a permit, the cabinet may take one (1) or more of the following actions:

††††† (a) Prepare a new draft permit, appropriately modified, under Section 3 of this administrative regulation;

††††† (b) Prepare a revised statement of basis under Section 4 of this administrative regulation and reopen the comment period under this section; or

††††† (c) Reopen or extend the comment period under Section 7 of this administrative regulation to give interested persons an opportunity to comment on the information or arguments submitted.

††††† (3)(a) Comments filed during the reopened comment period shall be limited to the substantial new questions that caused its reopening.

††††† (b) The public notice under Section 7 of this administrative regulation shall define the scope of the reopening.

††††† (4)(a) The cabinet may, in the circumstances established in subsection (2) of this section, elect to hold further proceedings.

††††† (b) This decision may be combined with any of the actions enumerated in subsection (1) of this section.

††††† (5) Public notice of any of the actions listed in subsection (1) of this section shall be issued under Section 7 of this administrative regulation.

 

††††† Section 11. Response to Comments. (1) The cabinet shall issue a response to comments when the final permit is issued. This response shall:

††††† (a) Specify which provisions, if any, of the draft permit have been changed in the final permit decision and the reasons for the change; and

††††† (b) Briefly describe and respond to all significant comments on the draft permit raised during the public comment period or during any hearing.

††††† (2)(a) For cabinet issued permits, any documents cited in the response to comments shall be included in the administrative record for the final permit decision.

††††† (b) If new points are raised or new material supplied during the public comment period, the cabinet may document its response to those matters by adding new materials to the administrative record.

††††† (3) The response to comments shall be available to the public.

††††† (4)(a) In the case of a hazardous waste disposal site or facility, a permit shall not be approved or issued by the cabinet prior to the approvals specified in KRS 224.40-310(6).

††††† (b) The applicant shall follow the procedures established in 401 KAR 38:500 in obtaining:

††††† 1. Local government approval for incinerators or land disposal facilities; or

††††† 2. For a regional integrated waste treatment and disposal demonstration facility, the approval of the Kentucky Regional Integrated Waste Treatment and Disposal Facility Siting Board.

 

††††† Section 12. Issuance and Effective Date of Permit. (1)(a) After the close of the public comment period under Section 7 of this administrative regulation on a draft permit, the cabinet shall issue a final permit decision or a decision to deny a permit for the active life of a hazardous waste management facility or unit under 401 KAR 38:310.

††††† (b) For the purposes of this section, a final permit decision shall include a final decision to issue, deny, modify, revoke and reissue, or terminate a permit.

††††† (2) A final permit decision shall become effective on the date issued by the cabinet.

 

††††† Section 13. Past Performance Considered in Review. Past performance of the owner or operator shall be considered in the review and in the determination of any requirement for specialized conditions.

 

††††† Section 14. Preapplication Public Meeting and Notice. (1) Applicability.

††††† (a) The requirements of this section shall apply to all hazardous waste Part B applicants seeking initial permits for hazardous waste management units over which the cabinet has permit issuance authority.

††††† (b) The requirements of this section shall also apply to a hazardous waste Part B applicant seeking renewal of permits for units, if the renewal application is proposing a significant change in facility operations.

††††† (c) For the purposes of this section, a "significant change" shall be a change that qualifies as a Class 3 modification under 401 KAR 38:040, Section 2.

††††† (d) The requirements of this section shall not apply to permit Class 1 and Class 2 modifications under 401 KAR 38:040, Section 3, or to applications that are submitted for the sole purpose of conducting postclosure activities or postclosure activities and corrective action at a facility.

††††† (2)(a) Prior to the submission of a Part B hazardous waste permit application for a facility, the applicant shall hold at least one (1) meeting with the public in order to solicit questions from the community and inform the community of proposed hazardous waste management activities.

††††† (b) The applicant shall post a sign-in sheet or otherwise provide a voluntary opportunity for attendees to provide their names and addresses.

††††† (3) The applicant shall submit a summary of the meeting, along with the list of attendees and their addresses established under subsection (2) of this section, and copies of any written comments or materials submitted at the meeting, to the cabinet as a part of the Part B application, in accordance with 401 KAR 38:090, Section 2(26).

††††† (4) The applicant shall provide public notice of the pre-application meeting at least thirty (30) days prior to the meeting. The applicant shall maintain, and provide to the cabinet upon request, documentation of the notice.

††††† (a) The applicant shall provide public notice in all of the following forms:

††††† 1. A newspaper advertisement.

††††† a. The applicant shall publish a notice, fulfilling the requirements in paragraph (b) of this subsection, in a newspaper of general circulation in the county or equivalent jurisdiction that hosts the proposed location of the facility. In addition, the cabinet shall instruct the applicant to publish the notice in newspapers of general circulation in adjacent counties or equivalent jurisdictions, if the cabinet determines that publication is necessary to inform the affected public.

††††† b. The notice shall be published as a display advertisement.

††††† 2. A visible and accessible sign.

††††† a. The applicant shall post a notice on a clearly marked sign at or near the facility, fulfilling the requirements in paragraph (b) of this subsection.

††††† b. If the applicant places the sign on the facility property, then the sign shall be large enough to be readable from the nearest point where the public would pass by the site.

††††† 3. A broadcast media announcement.

††††† a. The applicant shall broadcast a notice, fulfilling the requirements in paragraph (b) of this subsection, at least once on at least one (1) local radio station or television station.

††††† b. The applicant may employ alternative medium with prior approval of the cabinet.

††††† 4. A notice to the cabinet. The applicant shall send a copy of the newspaper notice to the cabinet and to the appropriate units of state and local government, in accordance with Section 7(3) of this administrative regulation.

††††† (b) The notices required under paragraph (a) of this subsection shall include:

††††† 1. The date, time, and location of the meeting;

††††† 2. A brief description of the purpose of the meeting;

††††† 3. A brief description of the facility and proposed operations, including the address or a map (for example, a sketched or copied street map) of the facility location;

††††† 4. A statement requiring people to contact the facility at least seventy-two (72) hours before the meeting if they need special access to participate in the meeting; and

††††† 5. The name, address, and telephone number of a contact person for the applicant.

 

††††† Section 15. Public Notice Requirements at the Application Stage. (1) Applicability.

††††† (a) The requirements of this section shall apply to all hazardous waste Part B applicants seeking initial permits for hazardous waste management.

††††† (b) The requirements of this section shall also apply to hazardous waste Part B applicants seeking renewal of permits for units under 401 KAR 38:040, Section 6. The requirements of this section shall not apply to permit modifications under 401 KAR 38:040, Section 3, or permit applications submitted for the sole purpose of conducting postclosure activities or postclosure activities and corrective action at a facility.

††††† (2) Notification at application submittal.

††††† (a) The cabinet shall provide public notice as established in Section 7(3) of this administrative regulation, that a Part B permit application has been submitted to the cabinet and is available for review.

††††† (b) The notice shall be published within a reasonable period of time after the application is received by the cabinet. The notice shall include:

††††† 1. The name and telephone number of the applicant's contact person;

††††† 2. The name and telephone number of the cabinet's contact office, and a mailing address to which information, opinions, and inquiries may be directed throughout the permit review process;

††††† 3. An address to which people may write in order to be put on the facility mailing list;

††††† 4. The location where copies of the permit application and any supporting documents may be viewed and copied;

††††† 5. A brief description of the facility and proposed operations, including the address or a map (for example, a sketched or copied street map) of the facility location on the front page of the notice; and

††††† 6. The date that the application was submitted.

††††† (3) Concurrent with the notice required under subsection (2) of this section, the cabinet shall place the permit application and any supporting documents in a location accessible to the public in the vicinity of the facility or at the Division of Waste Management, 14 Reilly Road , Frankfort, Kentucky 40601.

 

††††† Section 16. Information Repository. (1) Applicability. The requirements of this section shall apply to applicants seeking permits for hazardous waste management units.

††††† (2)(a) The cabinet may assess the need, on a case-by-case basis, for an information repository.

††††† (b) If assessing the need for an information repository, the cabinet shall consider a variety of factors, including:

††††† 1. The level of public interest;

††††† 2. The type of facility;

††††† 3. The presence of an existing repository; and

††††† 4. The proximity to the nearest copy of the administrative record.

††††† (c) If the cabinet determines, at any time after submittal of a permit application, that there is a need for a repository, the cabinet shall notify the facility that the facility shall establish and maintain an information repository.

††††† (3) The information repository shall contain all documents, reports, data, and information required to fulfill the purposes for which the repository is established.

††††† (4)(a) The information repository shall be located and maintained at a site chosen by the facility.

††††† (b) If the cabinet finds the site unsuitable for the purposes and persons for which it was established, due to problems with the location, hours of availability, access, or other relevant considerations, then the cabinet shall specify a more appropriate site.

††††† (5) The cabinet and the facility shall agree upon specific requirements for informing the public about the information repository. The cabinet shall require the facility to provide a written notice about the information repository to all individuals on the facility mailing list.

††††† (6)(a) The facility owner or operator shall be responsible for maintaining and updating the repository with appropriate information throughout a time period specified by the cabinet.

††††† (b) The cabinet may close the repository based on the factors in subsection (2) of this section. (Recodified from 401 KAR 2:060, Section 8, 3-1-83; Am. 10 Ky.R. 145; 601; eff. 12-2-83; 12 Ky.R. 840; 1258; eff. 2-4-86; 17 Ky.R. 381; eff. 9-25-90; 19 Ky.R. 187; eff. 9-23-92; 20 Ky.R. 1351; 2020; eff. 2-10-94; 23 Ky.R. 943; eff. 3-12-97; 33 Ky.R. 2681; 4087; eff. 6-13-2007.)