401 KAR 47:090. Solid waste permit fees

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: 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

ection (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) Â (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. (3) Â (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, November 2016, is incorporated by reference. (2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Division of Waste Management,300 Sower Boulevard, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m. (3) This material may also be obtained from the division's Web site at at eec.ky.gov/environmental-protection/waste.