65-3439. Same; terms and conditions; revocation or suspension; appeals.
65-3439
65-3439. Same; terms and conditions; revocation orsuspension; appeals.(a) Permits for hazardous wastefacilitiesshall be issued for fixed terms not to exceed 10 years.
(b) Plans, designs and relevant data for the construction of hazardouswaste facilitiesshall be prepared by aprofessional engineer licensed to practice in Kansas and shall be submittedto the department for approval prior to the construction, modification oroperation of such a facility. In adopting rules and regulations, the secretarymay specify sites, areas or facilities where the environmental impact isminimal and may waive the requirement that plans and designs for on-sitestorage or treatment facilities be prepared by a professional engineer.
(c) Each permit granted by the secretary, as provided in this act, shallbe subject to such conditions as the secretary deems necessary to protecthuman health and the environment and to conserve the sites. Such conditionsshall include approval by the secretary of the types and quantities ofhazardouswaste allowable for storage, treatment or disposal at the permittedlocation and, in the case of underground injection wells, minimumpretreatment standards established by the secretary.
(d) The secretary shall not issue a permit for a hazardous wasteunderground injection well unless such methodology is deemed the mostreasonable method of disposing of the hazardous waste after considering thehealth and environmental effects, alternative treatment and disposaltechnologies and economic impact relating to such well.
(e) Permits granted by the secretary, as provided in this act, shall berevocable or subject to suspension for failure topay any fee as required by this act or if the secretary determines that:
(1) A hazardous waste facilityis orhas been constructed or operated in violation of thisact or the rulesand regulations or standards adopted pursuant to the act or is creatinga hazard to the public health or safety or to the environment;
(2) the permittee has committed past or continuingviolations such that an original permit application would be denied under theprovisions of subsection (c)(3) of K.S.A. 65-3437, and amendments thereto; or
(3) inthecase of acorporate permittee, the permittee, any person whoholds an interestin or exercises total or partial control of or does business with thepermittee or any principal of the corporation is the principalof anothercorporation which has committed past or continuing violations such that anoriginal permit application would be denied under the provisions ofsubsection (c)(3) of K.S.A. 65-3437, andamendments thereto.
(f) In case any permit is denied, suspended or revoked, anyperson aggrievedby such decision may request a hearing before the secretary in accordancewith K.S.A. 65-3440, and amendments thereto.
History: L. 1981, ch. 251, § 11; L. 1984, ch. 240, § 8;L. 1985, ch. 218, § 4;L. 2000, ch. 103, § 9; July 1.