401 KAR 39:090. Postclosure fees.

 

      RELATES TO: KRS 224.10, 224.46, 224.99

      STATUTORY AUTHORITY: KRS 224.10-100, 224.46-550

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 224.10-100(20) states that the cabinet may provide by administrative regulation for a reasonable schedule of fees for the cost of processing applications for permits, exemptions, and partial exemptions. KRS 224.46-550 requires the cabinet to promulgate administrative regulations requiring the payment of reasonable fees for hazardous waste registration certificates and permits. The purpose of this chapter is to establish a fee schedule for hazardous waste management. This administrative regulation establishes the fee schedule for permits for the postclosure care period for land disposal hazardous waste sites or facilities.

 

      Section 1. Applicability. (1) This administrative regulation applies to all owners and operators of hazardous waste sites or facilities in Kentucky who submit an application for a postclosure permit as specified in Section 1(2) of 401 KAR 38:010. This fee does not apply to owners and operators of hazardous waste sites or facilities that submit a postclosure plan as part of an application for an operation permit for a landfill required in Section 4 of 401 KAR 38:010 and pay the fees required by 401 KAR 39:030.

      (2) The provisions of this administrative regulation shall apply to post closure permit applications submitted on or after the effective date of this administrative regulation, and to such applications which are not complete, as determined by the cabinet, by the effective date of this administrative regulation. Postclosure permit applications which are complete, as determined by the cabinet, by the effective date of this administrative regulation, shall be subject to this administrative regulation as in effect on October 26, 1988.

 

      Section 2. Filing Fees. Any owner or operator who submits an application for a postclosure permit or permit renewal for a hazardous waste site or facility shall submit with the application a nonrefundable filing fee in the amount of $4,000.

 

      Section 3. Review Fee. Any owner or operator who submits an application for a postclosure permit or permit renewal for a hazardous waste site or facility shall submit with the application a nonrefundable review fee. Any owner or operator who has submitted an application but has not received a permit shall be subject to these fees. The review fee shall be $9,000.

 

      Section 4. Submittal of Fees. (1) The fees shall be submitted to the cabinet with the permit application.

      (2) All checks or money orders shall be made payable to the Kentucky State Treasurer. (14 Ky.R. 1559; eff. 3-10-88; Am. 15 Ky.R. 375; 1035; 1264; eff. 10-26-88; 16 Ky.R. 629; 1201; eff. 1-9-90.)