224.46-830 Certificate of environmental safety and public necessity -- Application - Factors considered -- Presentation of findings -- Appeals.
(1)
(2)
(3)
No person shall construct or operate a regional integrated waste treatment and
disposal demonstration facility without having first obtained from the board a
certificate of environmental safety and public necessity for the siting of a facility. A
person desiring a certificate of environmental safety and public necessity shall
submit an application to the board only after the secretary has declared the intent to
issue a construction permit for a regional integrated waste treatment and disposal
demonstration facility. A construction permit for a regional integrated waste
treatment and disposal demonstration facility pursuant to KRS 224.46-520 shall not
be issued before the certificate of environmental safety and public necessity has
been obtained. Applications shall be submitted and processed and a certificate shall
be issued in accordance with procedures established under regulations promulgated
by the board pursuant to KRS 224.46-825.
In issuing a certificate of environmental safety and public necessity, the board shall
consider the following factors:
(a) The social and economic impacts of the proposed facility on the affected
community including changes in property values, community perception and
other psychic costs;
(b) Costs and availability of public services, facilities and improvements required
to support the facility and protect public health, safety and the environment;
(c) The relationship of the proposed facility to local planning and existing
development; the relationship of the proposed facility to any state-owned
commercial low level nuclear waste disposal site, to major transportation
arteries and to existing state primary and secondary roads, and to the
hydrology of the area;
(d) The location of the proposed facility in relationship to the existing industries
in the Commonwealth that generate large volumes of hazardous waste and to
the areas projected to be areas of generation of large volumes of hazardous
waste based on known potential industrial locations within the
Commonwealth, so as to minimize the transportation distance between the
major generators of hazardous waste and the proposed facility. The cabinet
shall provide the board with data concerning said existing and projected areas
of hazardous waste generation in the Commonwealth;
(e) The impact of the proposed facility on public safety and provisions made to
minimize the risk to public health and safety;
(f) The consistency of the proposed facility with the state's hazardous waste
management needs and any state hazardous waste management plan
established under KRS 224.10-100(24);
(g) The policies, findings and purposes contained in KRS 224.43-810.
No certificate of environmental safety and public necessity shall be issued until the
board has presented its findings at a meeting of the interim joint committee of the
Legislative Research Commission with jurisdiction in the area of hazardous waste
(4)
(5)
management or if the General Assembly is in session, at a joint meeting of the
House and Senate standing committees with jurisdiction in the area of hazardous
waste management. The board shall notify the chairperson or chairpersons of said
appropriate joint committees in writing of its intent to issue a certificate of
environmental safety and public necessity. The chairperson or chairpersons shall
call a meeting of said joint committee within thirty (30) days of the date of receipt
of such notification by the board to hear the findings of the board.
All other provisions of state or local law or ordinance to the contrary
notwithstanding, the issuance of a certificate of environmental safety and public
necessity by the board and the issuance of applicable permits by the cabinet shall
constitute the exclusive governmental approval or land use determination required
for the siting, location or use of a regional integrated waste treatment and disposal
demonstration facility. Any facility holding a certificate of environmental safety and
public necessity shall be exempt from regulation under KRS 67.083 and KRS
Chapter 100. The board and the cabinet may set standards for monitoring,
operations, maintenance, record keeping, closure, post-closure, and liability
coverage for the release or escape of waste into the environment that are more
stringent than requirements for other hazardous waste facilities in order to evaluate
the integration and operation of the technologies in use at the site, to assure proper
maintenance, and to protect public health and the environment.
Appeals may be taken from the issuance or denial of certificates of environmental
safety and public necessity. Such appeals shall be taken to the Franklin Circuit
Court within thirty (30) days from the board's decision of issuance or denial. The
party or parties affected by the issuance or denial of the certificate shall file in the
Circuit Court a petition which states fully the grounds upon which a review is
sought and assign all errors relied on. The board shall be named respondent, and
service shall be had on the chairperson of the board. Summons shall issue upon the
petition directing the board to send its entire record, properly bound, to the clerk of
the Circuit Court after certifying that such record is its entire original record or a
true copy thereof, which shall be filed by the clerk of the Circuit Court and such
record shall then become official and be considered by the Circuit Court on the
review. After the case has been properly docketed in the Circuit Court, any party
directly affected by the issues on appeal may, upon notice to the parties and upon
proper showing and in the discretion of the court, be permitted to intervene. Upon
hearing of the appeal, the findings of the board shall be prima facie evidence of the
facts found therein. The court shall review the entire record and the findings and
decision of the board.
Effective: July 13, 1984
History: Amended 1984 Ky. Acts ch. 111, sec. 111, effective July 13, 1984. -- Created
1982 Ky. Acts ch. 279, sec. 4, effective July 15, 1982.
Formerly codified as KRS 224.2207.
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