(A) After compliance with all applicable zoning requirements of the county, the owner or operator of a proposed solid waste management facility shall file an application for a site approval permit with the Fiscal Court at the office of the Judge Executive.
(B) The application for a site approval permit shall include:
(1) The name and address of the owner or operator and the location 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 or operator in the proposed site of the facility;
(3) A current USGS map showing the location of the proposed site, at scale of one inch equals 2,000 feet, with said map showing the entire boundaries of the site or proposed site;
(4) A description of the type of solid waste and the source of generation of the solid waste involved in the solid 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 solid waste management activities at this site;
(5) A complete history of the owner or operator’s prior experience in the ownership and/or operation of any and all solid waste facilities or activities, wherever located. The description shall include a record of compliance with federal, state and local laws and regulations applicable to the operation or solid or hazardous waste management facilities and with respect to the owner or operator, such description shall disclose:
(a) Any administrative, criminal or civil action pending against the owner or operator of the proposed site alleging a violation of any federal, state, local law or regulation concerning solid waste, the protection of public health and safety, or environmental protection; and
(b) For the five year period immediately preceding the date of filing of the petition for site approval, whether the owner or operator has been convicted of a crime, entered a plea of guilty 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, local law or regulation applicable to the management of solid waste and the protection of the public health and safety of the environment.
(6) The petition for site approval shall identify the following persons or entities, and provide the compliance information required by division (B)(5) herein, for each person or entity so identified:
(a) The owner or operator applying for site approval;
(b) If the owner or operator is a proprietorship, each proprietor and the interest held;
(c) If the owner or operator is a partnership, each of the partners and their respective interest and any corporation, joint venture, partnership in which any of the partners comprising the applicant holds a 25% or greater interest; and
(d) If the owner or operator is a corporation, a detailed listing of the officers, directors and stockholders; any corporation of which the applicant is a subsidiary or which hold a 10% or greater interest; and any proprietorship, partnership, or joint venture in which the applicant holds a 10% or greater interest. For purposes of this section, “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 of the owner or operator for each of the three years immediately preceding the date of application;
(c) 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.
(d) A statement as to whether the owner or 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, an estimate of the owners or operator’s share, if any, of the cost to clean up the site and a description of site and superfund listing.
(8) A statement as to the present suitability of the site for the conduct of the proposed activity as the facility and of any additional measures that would be required to make the site suitable for such activity;
(9) A set of drawings prepared by a licensed engineer depicting the proposed facility, which drawings impart sufficient detail and information for the analysis required under this chapter;
(10) A Facility Impact Report (FIR) in accordance with division (B)(16) hereof;
(11) A copy of the public notice of the right to submit comments to the Fiscal Court pursuant to § 50.27 herein;
(12) Evidence of notification to adjoining property owners by certified mail of the intention to submit to the Fiscal Court and application for a site approval for a solid waste management facility;
(13) A list of the names and addresses of all persons to whom the application for site approval was submitted pursuant to the provisions of § 50.27(B) hereinafter set out;
(14) The following certification:
“I certify under the penalty of law that this document and all attachments were prepared under my direction and supervision is accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based upon my inquiry of the person or persons 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 false information, including the possibility of fine and imprisonment for knowing violations.”
Which shall be signed:
(a) If the owner or operator is a corporation, by an authorized executive officer; or
(b) If the owner or operator is a partnership, by an authorized general partner; or
(c) If the owner or operator is a sole proprietor, by the proprietor; or
(d) If the owner or operator is a governmental agency, by the head of that agency.
(15) Any information submitted to the Fiscal Court pursuant to this chapter may be claimed confidential by the submitter. Any such claim must be asserted at the time of submission by stamping the words “Confidential Business Information” on each page containing such information. If no claim is made at the time of submission, the Fiscal Court may make the information available to the public without further notice. If a claim is asserted, the information will be treated in accordance with the procedure in KRS 224.10-210, which are adopted herein by reference. Claims that name and address of any owner or operator is confidential, and will be denied;
(16) A true copy of any permit application required by the Natural Resources and Environmental Protection Cabinet, if such application is available;
(17) A closure plan for the landfill as required by Title 401, Chapter 47 of the Kentucky Administrative Regulations with estimates of closure costs.
(C) Submission and distribution.
(1) The application for site approval shall be submitted to the Judge Executive within 45 days of the receipt of the application for site approval, the owner/operator shall be notified in writing if such application is administratively complete. For the purposes of this chapter, “administratively complete application” means an application for site approval with the Judge Executive, or a designated agent thereof, determines it contains information addressing each application requirement of this chapter and all information necessary to initiate technical processing and public review. Additional information may be required after determination that the application is administratively complete.
(2) Upon receipt of the notification from the Judge Executive of administrative completeness, the owner/operator shall forthwith deliver the application for the site approval to the following persons:
(a) Members of the Fiscal Court and the County Attorney at those addresses set out in the list to be provided to the owner/operator of the proposed facility by the Judge Executive;
(b) The Fire Department Chief over the jurisdiction of the site or facility, such Fire Department shall be within the boundaries of the county;
(c) The County Disaster and Emergency Services Coordinator (“DES”); and
(d) The Director of the FIVCO District Health Department- Public Comment and Public Hearing.
(D) Each application for site approval shall be subject to a public comment period and a public hearing. After the owner or operator has been notified that the application for a site approval permit is administratively complete and has submitted such application to the persons or agency, the owner or operator shall cause a public notice to be published weekly for six consecutive weeks in the newspaper of the greatest circulation serving the county.
(E) The notice shall be in a form that advises the public that an application for a site approval permit has been filed. The beginning date of the public comment period shall commence as of the date of the first public notice and date on which the public hearing is conducted. The public hearing shall be held within 45 days after the date of the publication of the last of the six weekly public notices required herein. Such public hearing shall be held in the county at a location readily accessible to the public.
(Ord. 2024-830.1, passed 5-23-2024)