65-3486. Same; application for permit required, contents; application fee; investigation and inspection by secretary.
65-3486
65-3486. Same; application for permit required, contents; applicationfee; investigation and inspection by secretary.(a) No person shall construct, modify or operate a PCB disposal facilityor otherwise dispose of PCBwithin this state without a permit from the secretary.The application for a permit shall contain:
(1) The name and address of the applicant;
(2) the location of the proposed facility;
(3) the management program for the operation of the facility,including the person to be responsible for the operation of the facilityand a resume of the person's qualifications, the proposed method ofdisposal, the proposed method of pretreatment or decontamination of thefacility, if any, and the proposed emergency measures to be provided at the facility;
(4) the name, address and short resume for each officer, director orpartner of the company and any party owning more than 10% of its stock orownership interest for any company which will either own or operate thefacility and copies of the company's annual financial report for the threeyears preceding the date of the application;
(5) a description of the size and type of facility to be constructed,including the height and type of fencing to be used, the size andconstruction of structures or buildings, warning signs, notices and alarmsto be used, the type of drainage and waste treatment facilities and maximumcapacity of such facilities, the location and source of each water supplyto be used and the location and type of fire control facilities to beprovided at the facility;
(6) a preliminary engineering sketch and flow chart showing proposedplans and specifications for the construction and development of thedisposal facility and the waste treatment and water supply facilities, ifany, to be used at the facility;
(7) a geologist's survey report indicating land formation, location ofwater resources and direction of the flows thereof and the geologist'sopinion relating to the potential of contamination of water resourcesincluding, but not limited to, possible sources of such contamination;
(8) the names and addresses of the applicant's current or proposedinsurance carriers, including copies of insurance policies then in effect; and
(9) any other information considered necessary by the secretary.
(b) For initial review of an application for aPCB disposal facility, the applicant shall submit an application feenot to exceed $25,000 with the permit application. After the initial reviewof a permit application, the secretary shall determine the cost of suchreview. If the cost is less than the application fee required by thissubsection, the secretary shall refund to the applicant the amount whichexceeds the cost of review. In cases of a permitted facilitysubmitting an application for the construction and operation of anadditional facility on the permitted site, the permit fee shall not exceed$10,000. For renewal of apermit, the permit holder shall submit a permit renewal fee not to exceed$10,000, the amount of which shall be determined by the secretary.
(c) Before reviewing any application for permit, the secretary shall conducta background investigation of the applicant. The secretary shall considerthe financial, technical and management capabilities of the applicant asconditions for issuance of a permit. The secretary may reject the applicationwithout conducting an investigation into the merits of the application ifthe secretary finds that:
(1) The applicant previously held a permit under this section and thatpermit was revoked by the secretary; or
(2) the applicantfailed or continuesto fail to comply with any of the provisions of theair, water or waste statutes, including rules andregulations issued thereunder, relating to environmental protection or tothe protection of public health in this or any other state or the federalgovernment of the United States, or any condition of any permit or licenseissued by the secretary; or if the secretary finds that the applicant hasshown a lack of ability or intention to comply with any provision of anylaw referred to in this subsection or any rule, regulation, order orpermit issued pursuant to any such law as indicated by past or continuingviolations. In case of a corporate applicant, the secretary may deny theissuance of a permit if the secretary finds that the applicant or anyperson who holds an interest in, or exercises total or partial control ofor does business with the applicant or a principal of the corporation was aprincipal of another corporation which would not be eligible to receive apermit because of the provisions of this act.
(d) Upon receipt of a permit application meeting the requirements of thissection, the secretary or an authorized representative of the secretaryshall inspect the location of the proposed facilityand determine if thesame complies with this act and the rules and regulations promulgated underthis act. An inspection report shall be filed in writing by the secretarybefore issuing a permit and shall be made available for public review.
History: L. 1986, ch. 226, § 7; May 8.