65-3437. Same; application for permits, contents; duties of secretary.
65-3437
65-3437. Same; application for permits, contents; duties of secretary.(a) No person shall construct, modify or operate a hazardous wastefacility or otherwise dispose of hazardouswaste within this state without a permit from the secretary.
(b) The application for a permit shall contain the name and address ofthe applicant, the location of the proposed facility and other informationconsidered necessary by the secretary, including proof of financialcapability.
(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 currently holds, or in the past has held, a permit underthis section and that while the applicant held a permit under this sectionthe applicant violated a provision of subsection (a) of K.S.A. 65-3441,and amendments thereto; or
(2) the applicant previously held a permit under this section and thatpermit was revoked by the secretary; or
(3) 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 or regulation or 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. 1981, ch. 251, § 9; L. 1984, ch. 240, § 7;L. 1985, ch. 218, § 3;L. 1991, ch. 198, § 2; July 1.