(A) The owner/operator of the facility or proposed facility shall file a petition for site approval with the Metro Council.
(B) The petition for site approval shall include:
(1) The name and address of the owner/operator and the street address, if any, of the proposed site of the facility;
(2) A copy of the deed or other document establishing the right, title and interest of the owner/operator in and to the proposed site of the facility;
(3) A USGS map, 7.5 minute series (topographic) quadrangle, showing the location of the proposed site, at a scale of 1": 24000;
(4) A description of the type of hazardous waste involved in the hazardous waste activity to be conducted on the site together with a description of the technology and the procedures the owner/operator proposes to utilize in its hazardous waste management activities at the site;
(5) A description of the owner/operator's prior experience in the ownership and operation of hazardous waste sites or facilities, wherever situated. The description shall include a record of compliance with federal, state and local laws and regulations applicable to the operation of hazardous waste facilities, and with respect to the owner/operator, such description shall disclose:
(a) Any administrative, criminal or civil action pending against it, him or her, alleging a violation of any federal, state or local law or regulation concerning hazardous waste, the protection of public health and safety or the environment;
(b) For the five-year period immediately preceding the date of filing of the petition for site approval, whether the owner/operator has been convicted of a crime, entered a plea of guilty, a plea of nolo contendere or such other plea of no contest to a felony or misdemeanor charge, been held liable in a civil or administrative action, or agreed to the payment of any civil penalties or monies as a part of the final disposition of any civil, administrative or criminal proceeding, involving the violation of any federal, state or local law or regulation applicable to the management of hazardous wastes and the protection of the public health and safety or the environment;
(6) The petition for site approval shall identify the following parties and entities, and provide the compliance information required by subsection (B)(5) of this section for each party or entity so identified:
(a) The owner/operator applying for site approval;
(b) If the owner/operator is a proprietorship, each proprietor and the interest held;
(c) If the owner/operator is a partnership, each of the partners and their respective interests and any corporation, joint venture, partner-ship or proprietorship in which any of the partners of the applicant owner/operator holds 25% or greater interest, whether ownership or otherwise, and any corporation, joint venture, proprietorship or partner- ship holding 25% or greater interest in any of the partners comprising the applicant;
(d) If the owner/operator is a corporation, a detailed listing of the officers, directors and major stockholders any corporation of which the applicant owner/operator is a subsidiary or which holds a 25% or greater interest in the applicant; any corporations which are either subsidiaries of the applicant or in which the applicant holds a 25% or greater interest and any proprietorship, partnership or joint venture in which the applicant holds a 25% or greater interest. For purposes of this chapter,
INTEREST includes ownership or other interest reflected in stocks, assets or other beneficial interest.
(7) Financial data, including:
(a) An estimate of the total cost of the facility and an estimate of the cost of each of the major components of the facility;
(b) Audited statements of income and balance sheets for each of the three years immediately preceding the year in which the petition for site approval is filed;
(c) A plan of financing for the proposed facility, including the amount to be raised through debt and the potential sources thereof. If the owner/operator is a subsidiary corporation which wishes to have the financial resources of its parent considered, then the owner/operator shall submit, in addition to the foregoing, a description of the relationship between the subsidiary and the parent and written confirmation from such parent corporation that its financial resources are available to finance the proposed facility as represented by the subsidiary;
(d) A statement as to the extent of liability insurance in effect or proposed with respect to the facility, together with true copies of any policies of insurance in effect and a listing of any claims made or threatened under any policies of liability insurance;
(e) A statement as to whether the owner/operator has been designated as a potentially responsible party under the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (CERCLA), as amended and, if so, the location of the site or sites involved and an estimate of the owner/ operator's share, if any, of the costs to clean up the site;
(8) A statement as to the present suitability of the site for the conduct of the proposed activity at the facility and of any additional measures that would be required to make the site suitable for such activity;
(9) A set of drawings depicting the proposed facility, which drawings impart sufficient detail and information for the conduct of the petition review provided under this chapter;
(10) A Facility Impact Report (FIR) in accordance with § 120.18 of this chapter;
(11) A copy of the public notice of the right to submit comments to the Metro Council pursuant to § 120.17 of this chapter;
(12) A list of the names and addresses of all parties to whom the petition for site approval was submitted pursuant to the provisions of § 120.16; and
(13) The following certification:
“I certify under the penalty of law that this document and all attachments were prepared under my direction and supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based upon my inquiry of the party or parties directly responsible for gathering and evaluating the information, the information submitted is to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations;”
which shall be signed:
(a) If the owner/operator is a corporation, by a an authorized executive officer;
(b) If the owner/operator is a partner- ship, by an authorized general partner;
(c) If the owner/operator is a sole proprietor, by the proprietor; or
(d) If the owner/operator is a governmental agency, by the head of that agency.
(14) The owner/operator siting fee or fees required under § 120.30 of this chapter.
(C) Any information submitted to the Metro Council pursuant to this chapter may be claimed as confidential by the submitter. Any such claim must be asserted at the time of submission in the manner prescribed on the application form or instructions, or in the case of other submissions, by stamping the words “confidential business information” on each page containing such information. If no claim is made at the time of submission, the Metro Council may make the information available to the public without further notice. Claims that the name and business address of any owner/operator is confidential will be denied. If a claim of confidentiality is asserted, the information will be treated in accordance with the procedures in KRS 224.10-212, which provides, among other measures:
(1) Information designated by the owner as "confidential" will be reviewed by the custodian agency; the owner is required to make a satisfactory showing why the information constitutes "confidential business information." The agency will be the final determiner of whether information meets the legal standards for exemption from disclosability, except in the case in which a state agency already has determined that all or part of the information is confidential and shall not be disclosed, in which case, that particular information is considered to be confidential for purposes of this chapter with no further review.
(2) At least 15 days written notice will be provided to the owner before any information deemed confidential is released, either to another governmental agency, or to a third-party requestor. Claims that the name and address of any owner/operator is confidential will be denied.
(1994 Jeff. Code, § 120.15) (Jeff. Ord. 26-1988, adopted and effective 10-25-1988; Lou. Metro Am. Ord. No. 165-2005, approved 10-18-2005) Penalty, see § 120.99