Permitting Process and Operating Conditions Chapter 06

1. Permitting Process and Operating ConditionsChapter 06 Kentucky Department of Environmental Protection Division of Compliance Assistance 300 Fair Oaks Lane • Frankfort, KY 40601 Phone: 502.564.0323 • 800.926.8111 • Fax: 502.564.9720 Email: envhelp@ky.gov • Website: dca.ky.gov

2. What are the major steps in the permitting process and the guidelines associated with obtaining a permit?

3. Chapter 06 General Objective Explain the major steps in the permitting process and the guidelines associated with obtaining a permit.

4. Chapter 06 Specific Objectives • Explain the purpose of the solid waste and special waste regulations. • List and understand the standards for selecting a suitable site for landfill construction. • Describe the steps in the permit application process.

5. Chapter 06 Specific Objectives • Understand the typical operating conditions in the regulations. • Comprehend the closure and post-closure cost estimate and the financial assurance requirements.

6. Purpose of Regulations and Permit To PROTECT the HUMAN HEALTH and ENVIRONMENT Kentucky Revised Statutes (KRS): KRS Chapter 224 Kentucky Regulations (KAR): KAR Chapters 30, 40, 45, 47, 48, 49

7. Site Suitability Regulations • Site Selection • Floodplain Control • Water Pollution Control • Wetlands and Streams Mitigation • Groundwater Protection • Endangered Plants and Animals • Operational Standards • Disease Vector Controls • Open Burning and Air Pollution • Public Nuisances • Safety Standards • Public Access Control • Methane Gas Limits • Cover Material Application

8. Site Suitability Regulations • Safety Standards for Contained and CDD Landfills • Contingency Control Plan • Required Fire Control Plan • Communications Plan • Other Factors to Consider • Operations (must meet EPS requirements) • Location (market area, neighbors, subdivision, airport, natural resources • Transportation Impacts

9. The Permit Application Process • Contained, Residual, CDD Landfills • KRS 224.40-310 • 401 KAR 47:140, Section 12 and 7(1)(a-d) • Three Major Phases (with 5 Steps) • Notice of Intent (NOI) • Administrative Application • Technical Application • Special Waste Landfills • 401 KAR 45:025, 45:030, 45:050 • One APPLICATION with TWO Phases

10. Solid Waste Landfill Permitting Process Step 1: Local Determination Step 2: Submitting the Notice of Intent Application Step 3: The Administrative Application Step 4: The Technical Application Step 5: Cell Construction

11. Special Waste Landfill Permitting Process Step 1: TheAdministrative Completeness Review 401 KAR 45:025 ~ 45 DAYS to conduct initial review 30 DAYS to respond to deficiencies 30 DAYS to review resubmittal 30 DAYS for public comment Step 2: TheTechnical Review (180 DAYS to REVIEW) Step 3: The Construction Permit KRS 224.10-420(2)

12. COMPLIANCE with Operating Conditions • Comply with ALL conditions of the permit • Apply for and obtain new permit after expiration date • Noncompliance – steps to minimize releases and adverse HHE impact • Properly operate and maintain all facilities • Provide information to Cabinet to determine compliance

13. COMPLIANCE with Operating Conditions • Allow authorized representative to enter facility, access and copy records, inspect equipment, and sample and monitor to determine compliance • Properly sign and submit all applications, reports, and information to the Division • Not operate any new or modified facility without inspection and permit • Submit monitoring reports no later than 14 days following each date in schedule

14. COMPLIANCE with Operating Conditions • Issuance of a Division permit does NOT convey property rights or exclusive privilege • Any permit may be revoked or modified for cause • Bonding should be checked periodically and following cell construction to ensure that it covers the uncapped areas of the constructed landfill

15. Closure Costs FIRSTEstimate • Calculated at the point in the active life when the extent and manner of its operation would make closure the MOST expensive • Cost estimate (first) should be based on • Design • Site grading and drainage • Hauling and placement of each element of the cap • Final cap grading and damage • Re-vegetation of the cap • Quality control and construction certification • Adjust for inflation and other factors annually

16. Post-Closure Costs SECOND Estimate • Cost estimate in current dollars based on hiring a third party to conduct each phase of the closure • Multiply Annual Cost Estimate for each Phase of Closure Care X Number of Years of Closure Care Required • Contained – 30 Years • CDD and Residual – 2 Years • Special Waste – 5 Years • Should be based on MOST EXPENSIVE figures

17. Post-Closure Costs SECOND Estimate • All applicants that obtain a permit must demonstrate funds are available to them to meet the costs of closure and post closure care • Post Performance Bond • Surety bond • Letter of credit • Escrow agreement • Trust fund • Closure insurance

18. Industrial Solid Waste Sites • Industrial Solid Waste Sites • Corporate Guarantee with Financial Test • Publicly Owned State or Local Facilities • KRS 224.40-650 • Budget must be provided • Permitting • Construction • Operation • Closure • Post-Closure • 401 KAR 48:310 (solid waste) 45:080 (special)

19. Chapter 06 General Objective Explain the major steps in the permitting process and the guidelines associated with obtaining a permit.

20. Chapter 06 Specific Objectives • Explain the purpose of the solid waste and special waste regulations. • List and understand the standards for selecting a suitable site for landfill construction. • Describe the steps in the permit application process.

21. Chapter 06 Specific Objectives • Understand the typical operating conditions in the regulations. • Comprehend the closure and post-closure cost estimate and the financial assurance requirements.