65-3483. Regulation of PCB disposal facilities; procedure for approval by secretary of disposal facility; timetable for consideration; notice requirements; considerations required.
65-3483
65-3483. Regulation of PCB disposal facilities;procedure for approval by secretary ofdisposal facility; timetable for consideration; notice requirements;considerations required.(a) If, within 150 days after receipt of an application, the secretary has notdenied the application,the secretary shall notify the board of countycommissioners and the governing bodies of all cities located within a ten-mileradius of the proposed facility. The secretary also shall notify the statecorporation commission and thesecretary of wildlife and parks of the proposed facility.
(b) If the secretary determines that suchapplication should be approved, the secretary shall immediately notifythe county commissioners and the governing bodies of all cities located withina ten-mile radius of the proposed facility.
(c) Within 10 days after the secretary has determined that such applicationshould be approved, the secretary shall:
(1) Set a date and arrange for publication of notice of a public hearingin a newspaper having major circulation in the vicinity of the proposedfacility. Such hearing shall be in the county in which the proposedfacility will be located. Additional hearings may be held at such otherplaces as the secretary deems suitable. At such hearing or hearings, theapplicant may present testimony in favor of the application. Any personmay appear or be represented by counsel to present testimony in support ofor opposition to the application. The public notice shall:
(A) Contain a map indicating the location of the proposed facility, adescription of the proposed action and the location where the applicationmay be reviewed and where copies may be obtained.
(B) Identify the time, place and location for the public hearing heldto receive public comment and input on the application.
(2) Publish the notice not less than 30 days before the date of the publichearing.
(d) Comment and input on the proposed facility may be presented orallyor in writing at the public hearing, and shall continue to be accepted inwriting by the secretary for 15 days after the public hearing date.
(e) The secretary shall consider the impact of theproposed facility onthe surrounding area in which it is to be located and make a finaldetermination on the application.
(f) The secretary shall consider, at a minimum:
(1) The risk and impact of accident during the transportation of PCB;
(2) the risk and impact of contamination of ground and surface water byleaching and runoff from the proposed facility;
(3) the risk of fires or explosions from improper storage and disposalmethods;
(4) the impact on the surrounding area where the proposed facility isto be located in terms of the health, safety, cost and consistency withlocal planning and existing development. The secretary also shallconsider localordinances, permits or other requirements and their potential relationshipto the proposed facility;
(5) an evaluation of measures to mitigate adverse effects;
(6) the nature of the probable environmental impact including thespecificationof the predictable adverse effects on the following:
(A) The natural environment and ecology;
(B) public health and safety;
(C) scenic, historic, cultural and recreational value; and
(D) water and air quality and wildlife.
(g) The secretary also shall consider the concernsand objections submittedby the public. The secretary shall facilitate efforts to providethat the concerns and objections are mitigated by establishing additionalstipulations specifically applicable to the proposed site and operation at thatsite. The secretary, to the fullest extent practicable, shall integrate bystipulation the provisions of the local ordinances, permits or requirements.
(h) The secretary may seek the advice, which shall be given in writing andentered into the public record of the public hearing, of any person in order torender a decision to approve or deny the application.
(i) The public hearing required under subsection (c) shall be conducted inaccordance with the provisions of the Kansas administrative procedure act.
History: L. 1986, ch. 226, § 4; L. 1989, ch. 118, § 178;L. 1992, ch. 192, § 10;L. 2004, ch. 145, § 25; July 1, 2005.