††††† 401 KAR 47:090. Solid waste permit fees.

 

††††† RELATES TO: KRS 224.10, 224.40, EO 2008-507, 2008-531

††††† STATUTORY AUTHORITY: KRS 224.10-100(20), 224.10-220, EO 2008-507, 2008-531

††††† NECESSITY, FUNCTION, AND CONFORMITY: KRS 224.10-100(20) authorizes the cabinet to establish by administrative regulation a schedule of fees for the cost of processing permit applications. EO 2008-507 and 2008-531, effective June 16, 2008, abolish the Environmental and Public Protection Cabinet and establish the new Energy and Environment Cabinet. This administrative regulation establishes a schedule of fees for solid waste permit applications.

 

††††† Section 1. Applicability. The provisions of this administrative regulation shall apply to a person required to apply for a solid waste site or facility permit, permit renewal, or modification, except for persons applying for publicly-owned facilities.

 

††††† Section 2. Permit Application Review Fee. A person required to apply for a solid waste site or facility permit shall include, with the application, a check or money order made payable to Kentucky State Treasurer for the filing fee based on the following tables:

 


TABLE I - Disposal Facility Application Fees

Application Type

Reference

Technical

Review Time

Application Fee

Contained or construction/demolition debris landfill notice of intent to apply

401 KAR 47:170

30 working days

$2,500

Residual landfill notice of intent to apply

401 KAR 47:170

30 working days

$2,000

Landfill administrative application

401 KAR 47:180

60 working days

$10,000

Contained landfill technical application

401 KAR 47:190

90 working days

$25,000

Contained landfill construction progress report

KRS 224.40-310

10 calendar days

$6,000

Construction/demolition debris landfill technical application

401 KAR 47:190

90 working days

$15,000

Construction/demolition debris landfill construction progress report

KRS 224.40-310

10 calendar days

$4,500

Residual landfill technical application

401 KAR 47:170

90 working days

$12,000

Residual landfill construction progress report

KRS 224.40-310

10 calendar days

$3,500

Vertical expansion, less than 2 years additional capacity

401 KAR 47:130

180 calendar days

$3,000

Groundwater monitoring well, closure, and engineering feature construction progress report

KRS 224.40-310

90 calendar days

$3,000

Vertical expansion, greater than 2 years additional capacity

401 KAR 47:130

180 calendar days

$6,000

Landfill minor modification application

401 KAR 47:130

180 calendar days

$2,500

Liner reduction or variance request

KRS 224.40-310 or 401 KAR 30:020

180 calendar days

$6,000

Add or delete source for a contained landfill or construction/demolition debris landfill

401 KAR 47:130

180 calendar days

$3,000

Construction permit, only, 5 year renewal

KRS 224.40-310

180 calendar days

$4,000

New or major modification to a incinerator or waste-to-energy permit

KRS 224.40-310

90 calendar days

$20,000

Incinerator, waste-to-energy, or nonlandfill liner solid waste construction progress report

KRS 224.40-310

90 calendar days

$3,000

 

TABLE II - Registered Permit-by-Rule Application Fees

New or Modification Application Type

Reference

Technical

Review Time

Application Fee

New or modification to a transfer station or convenience center

401 KAR 47:110

90 calendar days

$2,500

New or modification to a less-than-one acre construction/demolition debris landfill

401 KAR 47:110

90 calendar days

$4,500

New or modification to a compost facility

401 KAR 47:110

90 calendar days

$3,000

New or modification to a Class I landfarm facility

401 KAR 47:110

90 calendar days

$4,000

 

TABLE III - Application Fees for Other Types of Facilities

New or Modification Application Type

Reference

Technical

Review Time

Application Fee

New, substantial expansion, or major modification to a Class II landfarm facility

401 KAR 48:200

180 calendar days

$17,000

Class II landfarm facility permit minor modification

401 KAR 47:130

180 calendar days

$5,000

New or modification to a research, demonstration and development permit

401 KAR 47:150

180 calendar days

$7,000

Emergency permit

401 KAR 47:150

90 calendar days

$600

Beneficial reuse determination

401 KAR 47:150

90 calendar days

$750

 

TABLE IV - Facility Ownership Fees

New or Modification Application Type

Reference

Technical

Review Time

Application Fee

Name or ownership change, only

401 KAR 47:130

180 calendar days

$500

Bond revision, only

401 KAR 48:310

90 calendar days

$250

 


††††† Section 3. Failure To Submit Fee. (1) If the applicant fails to submit the fee established in Section 2 of this administrative regulation during the administrative completeness review established in 401 KAR 47:025, Section 3, the cabinet shall deny the permit application.

††††† (2) If the applicant for a new landfill or horizontal expansion of an existing landfill fails to submit the fee established in Section 2 of this administrative regulation during the technical review period established in KRS 224.40-310(10), the cabinet shall deny the permit application.

 

††††† Section 4. Refunds. (1) Except as provided in subsection (2) of this section, if the technical review time (TRT) of a permit application by the cabinet exceeds the TRT listed in Section 2 of this administrative regulation established pursuant to KRS 224.40-310(10)(a), (b), or (c) or 401 KAR 47:025, Section 3, the owner or operator shall receive the refund of the application fee listed in Section 2 of this administrative regulation pursuant to KRS 224.10-220(3).

††††† (2) Exceptions to subsection (1) of this section shall include:

††††† (a) An order of agreement allowed pursuant to KRS 224.40-310(10)(e); or

††††† (b) The agreement allowed by 401 KAR 47:025, Section 3(2).

 

††††† Section 5. Annual Permit Renewal Fee. (1) The owner or operator shall submit the amount of the annual permit renewal fee by the due date established for the type of facility pursuant to Table V of this administrative regulation.

††††† (2)(a) The owner or operator shall submit the fee with Annual Solid Waste Permit Renewal Fee, DEP 7119, May 2009.

††††† (b) If the owner or operator fails to submit the annual permit renewal fee required by Table V, the cabinet shall suspend the permit until the payment is received.

††††† (c) If more than one (1) type of permitted facility is located on one (1) site, the owner or operator shall submit 100 percent of the fee for the facility handling or disposing of the most waste in the previous calendar year and fifty (50) percent of the fee for the other types of facilities.

TABLE V - Annual Permit Renewal Fee

Permit type

Due date for fee

Annual fee

Contained landfill

December 31

$7,500

Construction/demolition debris landfill

December 31

$5,000

Residual landfill

December 31

$3,000

Incinerator or waste-to-energy

December 31

$1,000

Transfer station or convenience center

March 31

$1,000

Less-than-one acre construction/demolition debris landfill receiving 5,000 or more tons of waste per year

September 30

$3,000

Less-than-one (1) acre construction/demolition debris landfill receiving more than 1,000 tons of waste per year and less than 5,000 tons of waste per year

September 30

$1,500

Less-than-one (1) acre construction/demolition debris landfill receiving 1,000 or less tons of waste per year

September 30

$500

Compost facility

December 31

$500

Class I landfarming facility

December 31

$500

Class II landfarming facility

December 31

$1,000

Research, demonstration and development permit

December 31

$1,000

††††† (3)(a) Beginning January 1, 2011, all facilities operating under a registered-permit-by-rule; a Class II landfarming permit; or a research, demonstration and development (RDD) permit shall pay the annual permit fee listed in Table V.

††††† (b) All other solid waste disposal facilities for which an annual permit renewal fee is listed in Table V shall begin paying the annual permit renewal fee upon expiration of a permit with an effective date prior to September 1, 2010.

 

††††† Section 6. Incorporation by Reference. (1) "Annual Solid Waste Permit Renewal Fee", DEP 7119, May 2009, is incorporated by reference.

††††† (2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Division of Waste Management, 200 Fair Oaks Lane, Second Floor, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m.

††††† (3) This material may also be obtained from the divisionís Web site at www.waste.ky.gov. (16 Ky.R. 1732; Am. 2182; eff. 5-8-1990; 36 Ky.R. 620; 37 Ky.R. 53; eff. 8-5-2010.)