65-3433. Permit, construction or modification of facility; duties of secretary.
65-3433
65-3433. Permit, construction or modification offacility; duties of secretary.(a) After the effective date of this act, no person shall modify or constructan off-site hazardous wastefacility without a permitissued by the secretary under this act.
(b) Upon receipt of an application for a permit to constructan off-site hazardous waste facility which complies withthe requirements of this section, the secretary shall:
(1) Publish a notice once per week for three consecutive weeks in anewspaperhaving major circulation in the county in which the facility is proposedto be located. The required published notice shall contain a map indicatingthe location of the proposed facility and shall contain a description ofthe proposed action and the location where the permit applicationand related documents may be reviewed and where copies may be obtained. Thenotice shall describe the procedure by which the permit may begranted. The secretary shall transmit a copy of the notice to the clerkof any city which is located within three miles of the proposed facility.
(2) Review the plans of the proposed facility to determine if the proposedoperation complies with this act and the rules and regulations promulgatedunder this act. The review shall include but not be limited to air quality,water quality, waste management and hydrogeology. If the facility review,theplan review and the application meet the requirements of this act andtherules and regulations promulgated under this act, the secretary shall approveconstruction or modification of the facility whichapproval may containconditions specifically applicable to the facility and operation. Anexpansion,enlargement or modification of a facility beyond the specified areas indicatedin the existing permit constitutes a new proposal for which anew construction permit application is required.
(c) The secretary shall approve or denya constructionpermit application within 240 days after the secretary receives an applicationmeeting the requirements of this section except such time period shall notapply to an application for a license to be issued under the authority ofK.S.A. 48-1607, and amendments thereto. If the secretary approves anapplication,the secretary immediately shall notify the applicant. If the secretary deniesan application, the secretary shall notify theapplicant in writing ofthe reasons for the denial.No local ordinance, permit or other requirements may prohibit theconstruction or modification of such a facility or restrict transportation tothe facility.
History: L. 1981, ch. 251, § 5; L. 1984, ch. 240, § 4;L. 1992, ch. 192, § 5;L. 2000, ch. 103, § 8; July 1.