Kentucky Statutes 224.46-018 – Fee for modification of permit to construct or operate hazardous waste treatment, storage, or disposal facility
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(1) An applicant seeking to modify a permit to construct or operate a hazardous waste treatment, storage, or disposal facility shall be subject to a fee by the cabinet of three hundred dollars ($300) if the cabinet determines that the modification is minor.
(2) An applicant seeking to modify a hazardous waste treatment, storage, or disposal facility permit to add one (1) or more waste streams, and a waste stream with the same characteristic is already permitted, shall be subject to a review fee of three hundred dollars ($300) per waste stream proposed to be added. All other applicants to add one (1) or more waste streams shall be subject by the cabinet to a review fee equal to:
(a) Tank: three thousand four hundred dollars ($3,400); (b) Surface impoundment: five thousand dollars ($5,000); (c) Waste pile: four thousand five hundred dollars ($4,500); (d) Incinerator: six thousand five hundred dollars ($6,500);
(e) Container: two thousand seven hundred dollars ($2,700);
(f) Land treatment: five thousand five hundred dollars ($5,500); and
(g) Landfill: five thousand five hundred dollars ($5,500).
(3) An applicant seeking to modify a permit to construct or operate a hazardous waste treatment, storage, or disposal facility shall be subject to a fee by the cabinet in the following amounts, for the addition or substantial modification of a treatment, storage, or disposal unit:
(a) A tank with a total capacity of seven thousand five hundred (7,500) or more gallons: seven thousand four hundred dollars ($7,400);
(b) A tank with a total capacity less than seven thousand five hundred (7,500)
gallons: three thousand seven hundred dollars ($3,700);
(c) A container with a total capacity of five thousand (5,000) or more gallons: six thousand dollars ($6,000);
(d) A container with a total capacity less than five thousand (5,000) gallons: three thousand dollars ($3,000);
(e) Incinerator: nineteen thousand four hundred dollars ($19,400); (f) Landfill: fifteen thousand dollars ($15,000);
(g) Land treatment: fifteen thousand eight hundred dollars ($15,800); (h) Waste pile: twelve thousand two hundred dollars ($12,200); and (i) Surface impoundment: fourteen thousand dollars ($14,000).
(4) The incinerator fee provided in subsections (2) and (3) of this section shall apply once for each different type of incinerator unit at the facility. The types of incinerator units shall include: liquid injection, rotary kiln, fluidized bed, and multiple hearth. The tank fee provided in subsections (2) and (3) of this section shall apply once for each different tank design. Tank design criteria shall include:
differences in materials of construction, pressure vessels, nonpressure vessels, shape, and ancillary equipment. The container fee provided in subsections (2) and (3) of this section shall apply once for each different container type. Container types shall include: drums, tote bins, bottles, and roll-off boxes.
(5) An applicant seeking to modify a facility investigation or corrective action plan for a solid waste management unit at a hazardous waste treatment, storage, or disposal facility shall be subject to a fee by the cabinet, which shall be equal to the cost of review but shall not exceed the following amounts for the specified instance:
(a) Facility investigation: fourteen thousand five hundred dollars ($14,500); and
(b) Corrective action: twenty-nine thousand dollars ($29,000).
(6) An applicant seeking to modify a detection, compliance or corrective action program at a regulated unit of a hazardous waste treatment, storage, or disposal facility shall be subject to a fee by the cabinet, which shall not exceed the following amounts for each specified instance:
(a) Change from detection to compliance monitoring: six thousand dollars
($6,000);
(b) Change from compliance to corrective action: eight thousand dollars ($8,000);
and
(c) Modification of detection, compliance, or corrective action program: five thousand dollars ($5,000).
Effective: July 13, 1990
History: Created 1990 Ky. Acts ch. 471, sec. 5, effective July 13, 1990.
Formerly codified as KRS § 224.1165.
(2) An applicant seeking to modify a hazardous waste treatment, storage, or disposal facility permit to add one (1) or more waste streams, and a waste stream with the same characteristic is already permitted, shall be subject to a review fee of three hundred dollars ($300) per waste stream proposed to be added. All other applicants to add one (1) or more waste streams shall be subject by the cabinet to a review fee equal to:
Terms Used In Kentucky Statutes 224.46-018
- Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
- Cabinet: means the Energy and Environment Cabinet. See Kentucky Statutes 224.1-010
- Disposal: means the discharge, deposit, injection, dumping, spilling, leaking, or placing of any waste into or on any land or water so that such waste or any constituent thereof may enter the environment or be emitted into the air or discharged into any waters, including ground waters. See Kentucky Statutes 224.1-010
- Hazardous waste: means any discarded material or material intended to be discarded or substance or combination of such substances intended to be discarded, in any form which because of its quantity, concentration or physical, chemical or infectious characteristics may cause, or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness or pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, or disposed of, or otherwise managed. See Kentucky Statutes 224.1-010
- Solid waste management: means the administration of solid waste activities: collection, storage, transportation, transfer, processing, treatment, and disposal, which shall be in accordance with a cabinet-approved county or multicounty solid waste management plan. See Kentucky Statutes 224.1-010
- Storage: means the containment of wastes, either on a temporary basis or for a period of years, in such a manner as not to constitute disposal of such wastes. See Kentucky Statutes 224.1-010
- Treatment: means any method, technique, or process, including neutralization, designed to change the physical, chemical, or biological character or composition of any waste so as to neutralize such waste or so as to render such waste nonhazardous, safer for transport, amenable for recovery, amenable for storage, or reduced in volume. See Kentucky Statutes 224.1-010
- Waste: means :
(a) "Solid waste" means any garbage, refuse, sludge, and other discarded material, including solid, liquid, semi-solid, or contained gaseous material resulting from industrial, commercial, mining (excluding coal mining wastes, coal mining by-products, refuse, and overburden), agricultural operations, and from community activities, but does not include those materials including, but not limited to, sand, soil, rock, gravel, or bridge debris extracted as part of a public road construction project funded wholly or in part with state funds, recovered material, post-use polymers or recovered feedstocks, tire-derived fuel, special wastes as designated by KRS §. See Kentucky Statutes 224.1-010
(a) Tank: three thousand four hundred dollars ($3,400); (b) Surface impoundment: five thousand dollars ($5,000); (c) Waste pile: four thousand five hundred dollars ($4,500); (d) Incinerator: six thousand five hundred dollars ($6,500);
(e) Container: two thousand seven hundred dollars ($2,700);
(f) Land treatment: five thousand five hundred dollars ($5,500); and
(g) Landfill: five thousand five hundred dollars ($5,500).
(3) An applicant seeking to modify a permit to construct or operate a hazardous waste treatment, storage, or disposal facility shall be subject to a fee by the cabinet in the following amounts, for the addition or substantial modification of a treatment, storage, or disposal unit:
(a) A tank with a total capacity of seven thousand five hundred (7,500) or more gallons: seven thousand four hundred dollars ($7,400);
(b) A tank with a total capacity less than seven thousand five hundred (7,500)
gallons: three thousand seven hundred dollars ($3,700);
(c) A container with a total capacity of five thousand (5,000) or more gallons: six thousand dollars ($6,000);
(d) A container with a total capacity less than five thousand (5,000) gallons: three thousand dollars ($3,000);
(e) Incinerator: nineteen thousand four hundred dollars ($19,400); (f) Landfill: fifteen thousand dollars ($15,000);
(g) Land treatment: fifteen thousand eight hundred dollars ($15,800); (h) Waste pile: twelve thousand two hundred dollars ($12,200); and (i) Surface impoundment: fourteen thousand dollars ($14,000).
(4) The incinerator fee provided in subsections (2) and (3) of this section shall apply once for each different type of incinerator unit at the facility. The types of incinerator units shall include: liquid injection, rotary kiln, fluidized bed, and multiple hearth. The tank fee provided in subsections (2) and (3) of this section shall apply once for each different tank design. Tank design criteria shall include:
differences in materials of construction, pressure vessels, nonpressure vessels, shape, and ancillary equipment. The container fee provided in subsections (2) and (3) of this section shall apply once for each different container type. Container types shall include: drums, tote bins, bottles, and roll-off boxes.
(5) An applicant seeking to modify a facility investigation or corrective action plan for a solid waste management unit at a hazardous waste treatment, storage, or disposal facility shall be subject to a fee by the cabinet, which shall be equal to the cost of review but shall not exceed the following amounts for the specified instance:
(a) Facility investigation: fourteen thousand five hundred dollars ($14,500); and
(b) Corrective action: twenty-nine thousand dollars ($29,000).
(6) An applicant seeking to modify a detection, compliance or corrective action program at a regulated unit of a hazardous waste treatment, storage, or disposal facility shall be subject to a fee by the cabinet, which shall not exceed the following amounts for each specified instance:
(a) Change from detection to compliance monitoring: six thousand dollars
($6,000);
(b) Change from compliance to corrective action: eight thousand dollars ($8,000);
and
(c) Modification of detection, compliance, or corrective action program: five thousand dollars ($5,000).
Effective: July 13, 1990
History: Created 1990 Ky. Acts ch. 471, sec. 5, effective July 13, 1990.
Formerly codified as KRS § 224.1165.