Kentucky Statutes 224.46-016 – Fees for permit to construct or operate hazardous waste treatment, storage, or disposal facility
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(1) An applicant for a permit to construct or operate a hazardous waste treatment, storage, or disposal facility shall be subject to a filing fee by the cabinet in the amount of twenty percent (20%) of the permit review fee.
(2) An applicant for a permit to construct or operate a treatment, storage, or disposal facility shall be subject by the cabinet to a review fee equal to the sum of the unit fees charged for each type of hazardous waste management unit at the facility. The incinerator unit fee 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 unit fee 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 unit fee shall apply once for each different container type. Container types shall include: drums, tote bins, bottles, and roll-off boxes. The unit fees shall be:
(a) Incinerator: nineteen thousand four hundred dollars ($19,400); (b) Waste pile: twelve thousand two hundred dollars ($12,200);
(c) Surface impoundment: fourteen thousand dollars ($14,000);
(d) A tank with a total capacity of seven thousand five hundred (7,500) or more gallons: seven thousand four hundred dollars ($7,400);
(e) A tank with a total capacity less than seven thousand five hundred (7,500)
gallons: three thousand seven hundred dollars ($3,700);
(f) Additional tanks of similar design with a combined capacity greater than seven thousand five hundred (7,500) gallons: four thousand four hundred dollars ($4,400);
(g) Additional tanks of similar design with a combined capacity less than seven thousand five hundred (7,500) gallons: one thousand eight hundred fifty dollars ($1,850);
(h) A container with a total capacity of five thousand (5,000) or more gallons: six thousand dollars ($6,000);
(i) A container with a total capacity less than five thousand (5,000) gallons: three thousand dollars ($3,000);
(j) Additional container of similar design with a combined capacity greater than five thousand (5,000) gallons: three thousand dollars ($3,000);
(k) Additional container of similar design with a combined capacity less than five thousand (5,000) gallons: one thousand five hundred dollars ($1,500);
(l) Land treatment: fifteen thousand eight hundred dollars ($15,800); and
(m) Landfill: fifteen thousand dollars ($15,000).
(3) The cabinet may subject an applicant seeking a permit to construct or operate a treatment, storage, or disposal facility to a facility assessment fee as follows:
(a) One hundred (100) or more solid waste management units: eleven thousand five hundred dollars ($11,500);
(b) Sixty (60) to ninety-nine (99) solid waste management units: nine thousand dollars ($9,000);
(c) Twenty (20) to fifty-nine (59) solid waste management units: six thousand five hundred dollars ($6,500); or
(d) Fewer than twenty (20) solid waste management units: four thousand dollars
($4,000).
(4) The cabinet may require an applicant seeking a permit to construct or operate a treatment, storage, or disposal facility to submit an investigation fee or corrective action fee, or both, if the facility includes a facility investigation or corrective action study or plan. The facility investigation fee shall be equal to the cost of the review, but shall not exceed fourteen thousand five hundred dollars ($14,500). The corrective action fee shall be equal to the cost of the review, but shall not exceed twenty-nine thousand dollars ($29,000).
Effective: July 13, 1990
History: Created 1990 Ky. Acts ch. 471, sec. 4, effective July 13, 1990.
Formerly codified as KRS § 224.1161.
(2) An applicant for a permit to construct or operate a treatment, storage, or disposal facility shall be subject by the cabinet to a review fee equal to the sum of the unit fees charged for each type of hazardous waste management unit at the facility. The incinerator unit fee 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 unit fee 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 unit fee shall apply once for each different container type. Container types shall include: drums, tote bins, bottles, and roll-off boxes. The unit fees shall be:
Terms Used In Kentucky Statutes 224.46-016
- 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) Incinerator: nineteen thousand four hundred dollars ($19,400); (b) Waste pile: twelve thousand two hundred dollars ($12,200);
(c) Surface impoundment: fourteen thousand dollars ($14,000);
(d) A tank with a total capacity of seven thousand five hundred (7,500) or more gallons: seven thousand four hundred dollars ($7,400);
(e) A tank with a total capacity less than seven thousand five hundred (7,500)
gallons: three thousand seven hundred dollars ($3,700);
(f) Additional tanks of similar design with a combined capacity greater than seven thousand five hundred (7,500) gallons: four thousand four hundred dollars ($4,400);
(g) Additional tanks of similar design with a combined capacity less than seven thousand five hundred (7,500) gallons: one thousand eight hundred fifty dollars ($1,850);
(h) A container with a total capacity of five thousand (5,000) or more gallons: six thousand dollars ($6,000);
(i) A container with a total capacity less than five thousand (5,000) gallons: three thousand dollars ($3,000);
(j) Additional container of similar design with a combined capacity greater than five thousand (5,000) gallons: three thousand dollars ($3,000);
(k) Additional container of similar design with a combined capacity less than five thousand (5,000) gallons: one thousand five hundred dollars ($1,500);
(l) Land treatment: fifteen thousand eight hundred dollars ($15,800); and
(m) Landfill: fifteen thousand dollars ($15,000).
(3) The cabinet may subject an applicant seeking a permit to construct or operate a treatment, storage, or disposal facility to a facility assessment fee as follows:
(a) One hundred (100) or more solid waste management units: eleven thousand five hundred dollars ($11,500);
(b) Sixty (60) to ninety-nine (99) solid waste management units: nine thousand dollars ($9,000);
(c) Twenty (20) to fifty-nine (59) solid waste management units: six thousand five hundred dollars ($6,500); or
(d) Fewer than twenty (20) solid waste management units: four thousand dollars
($4,000).
(4) The cabinet may require an applicant seeking a permit to construct or operate a treatment, storage, or disposal facility to submit an investigation fee or corrective action fee, or both, if the facility includes a facility investigation or corrective action study or plan. The facility investigation fee shall be equal to the cost of the review, but shall not exceed fourteen thousand five hundred dollars ($14,500). The corrective action fee shall be equal to the cost of the review, but shall not exceed twenty-nine thousand dollars ($29,000).
Effective: July 13, 1990
History: Created 1990 Ky. Acts ch. 471, sec. 4, effective July 13, 1990.
Formerly codified as KRS § 224.1161.