401 KAR 39:120. Application 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 Environmental and Public Protection 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 storage, treatment or disposal facility permits.

 

      Section 1. Applicability. (1) This administrative regulation applies to all treatment, storage, or disposal facilities required by 401 KAR Chapter 38 to submit an application for a hazardous waste site or facility permit.

      (2) The provisions of this administrative regulation shall apply to all applications for hazardous waste site or facility permits 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.

 

      Section 2. Filing Fees. Any owner or operator who submits a part A application for a treatment, storage, or disposal facility shall submit with the application a filing fee in the amount of $1,000.

 

      Section 3. Review Fees. (1) Permitting Fees. In addition to those fees identified in KRS 224.46-016, any owner or operator who submits a permit for a treatment, storage, or disposal facility shall submit with the application the following unit fees:

      (a) Containment buildings - $7,400;

      (b) Drip pads - $3,700;

      (c) Miscellaneous units:

      1. Treatment unit - $15,800;

      2. Storage unit - $3,700; and

      3. Disposal unit - $12,200; and

      (d) Boilers and industrial furnaces - $19,400.

      (2) Closure Fees. Any owner or operator who submits a closure plan for a treatment, storage, or disposal facility shall submit with the application the following fees:

      (a) A closure plan fee of $3,600;

      (b) A RCRA facility assessment fee in accordance with KRS 224.46-016; and

      (c) A review fee for each type of hazardous waste management unit being closed. The fee for incinerators shall be submitted one (1) time for each different type of incinerator. The fees for tanks and containers shall be submitted one (1) time for each different tank design or container type. Tank design criteria includes differences in materials of construction, pressure vessels, nonpressure vessels, shape and ancillary equipment. Container types include drums, tote bins, bottles and roll-off boxes. The fees shall be:

      1. Incinerator - $2,000;

      2. Waste piles - $1,000;

      3. Surface impoundments - $1,500;

      4. Tanks - $660;

      5. Containers - $460;

      6. Land treatment - $2,000;

      7. Landfill - $2,000;

      8. Containment buildings - $660;

      9. Drip pads - $660;

      10. Miscellaneous units:

      a. Treatment unit - $2,000;

      b. Storage unit - $660; and

      c. Disposal unit - $1,000; and

      11. Boilers and industrial furnaces - $2,000.

      (3) Corrective action fees. Any owner or operator who is required to submit to the cabinet a RCRA facility investigation plan or a corrective action plan shall submit with the plans the applicable review fee upon the request of the cabinet. These fees shall be the cost of review, but shall not exceed the following amounts:

      (a) RCRA facility investigation plan - the fee as established in KRS 224.46-016;

      (b) Corrective action plan - the fee as established in KRS 224.46-016;

      (c) Corrective action management unit - $3,700; and

      (d) Temporary unit:

      1. Temporary containers - $3,000; and

      2. Temporary tanks - $3,700.

      (4) Modification fees. In addition to those fees specified in KRS 224.46-018, any owner of operator who modifies a permit shall submit with the modification the following fees:

      (a) An owner or operator who modifies an existing hazardous waste treatment, storage, or disposal facility permit to add one (1) or more waste streams, or a waste stream with the same characteristic that is already permitted, shall submit the following fees along with the modification:

      1. Containment buildings - $3,400;

      2. Drip pads - $3,400;

      3. Miscellaneous units:

      a. Treatment unit - $5,500;

      b. Storage unit - $3,400; and

      c. Disposal unit - $4,500; and

      4. Boilers and industrial furnaces - $6,500.

      (b) An owner or operator who modifies an existing hazardous waste treatment, storage, or disposal facility permit by constructing or operating an additional hazardous waste treatment, storage, or disposal unit, or by substantially modifying an existing hazardous waste treatment, storage, or disposal unit shall submit the following fees along with the modification:

      1. Containment buildings - $7,400;

      2. Drip pads - $3,700;

      3. Miscellaneous units:

      a. Treatment unit - $15,800;

      b. Storage unit - $3,700; and

      c. Disposal unit - $12,200; and

      4. Boilers and industrial furnaces - $19,400.

 

      Section 4. Submittal of Fees. (1) Fees shall not be refunded if an application is withdrawn.

      (2) All checks or money orders shall be made payable to the Kentucky State Treasurer. (15 Ky.R. 715; Am. 1036; 1265; eff. 10-26-88; 16 Ky.R. 632; 1202; eff. 1-9-90; 23 Ky.R. 983; eff. 3-12-97; TAm eff. 8-9-2007; TAm eff. 6-14-2013.)