§ 120.18  METRO COUNCIL DETERMINATION AS TO SITE APPROVAL.
   (A)   Procedure.
      (1)   Within 60 days after the conclusion of the public hearing, the agencies listed in § 120.16(B)(2) through (B)(9), shall review the petition for site approval, together with any comments or information received during the public comment period, and any other information deemed appropriate.  Each such agency shall make a recommendation to the Metro Council regarding the grant or denial of the approval of the facility site.
      (2)   Within 30 days following receipt of the agency recommendations, the Metro Council shall make a final determination whether to grant or deny the petition for site approval.
   (B)   Metro Council Determination.  The Metro Council shall grant the petition for site approval if it finds, on the basis of the information available to it, that:
      (1)   The nature of the hazardous waste activity conducted at the facility site will not present an unreasonable risk to public health or safety;
      (2)   The nature and extent of the hazardous waste activity conducted at the proposed site would not significantly impede or adversely impact the provision of fire, health and other emergency services to the public both in the vicinity of the site and throughout the metropolitan area;
      (3)   The nature of the hazardous waste activity conducted at the facility site would not result in a significant reduction in the public's use and enjoyment of parks, recreational waters, historic structures, cultural and natural resources located in the vicinity of the facility site; and
      (4)   The facility and the hazardous waste activity occurring on the site will not have a significant adverse impact on the establishment of businesses, residential developments, churches, schools or other types of activities related to the social, economic and cultural development of the metropolitan area;
      (5)   The owner/operator's prior experience and history in hazardous waste activities indicates a reasonably satisfactory record of compliance with applicable federal, state and local laws and regulations, and based upon such prior record, it can be reasonably expected that the owner/operator will, in constructing, expanding, maintaining or operating the facility at the proposed site, maintain a correspondingly satisfactory record of compliance with applicable laws and regulations;
      (6)   The owner/operator has sufficient financial resources to complete construction of the new or expanded facility; maintain and operate the facility in compliance with applicable laws and regulations; respond immediately in the event of emergency by reason of accident or upset at the site; and complete closure of the facility;
      (7)   The owner/operator has complied with all hazardous waste management laws and regulations concerning hazardous waste facility permits, filings and/or notifications required by the Kentucky Environmental and Public Protection Cabinet for the construction and operation of the facility at the site; and
      (8)   The facility site is properly zoned for the activity to be conducted by the owner/operator, and has any required Conditional Use Permits, variances, and the like.
   (C)   Notification.  The Metro Council shall send written notification of its determination with respect to the petition for site approval to the owner/operator and to all parties who submitted written or oral comments during the public comment period. The notification shall include a written summary of the basis for the determination.
   (D)   Coordination with other laws.  The Metro Council shall, to the extent possible or as may be required, coordinate its review of petitions for site approval under this chapter with the exercise of authority conferred upon it pursuant to any state or federal laws. In the event the Kentucky Environmental and Public Protection Cabinet is required to obtain Metro Council approval as a condition to the issuance of a pertinent hazardous waste site or facility permit, the owner/operator shall not be required to file a separate petition or application for such approval and the owner/operator may rely upon the information submitted in the petition required by this chapter.
(1994 Jeff. Code, § 120.18)  (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