Kentucky Administrative Regulations
Title 401 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR ENVIRONMENTAL PROTECTION
Chapter 30 - Waste Management; General Administrative Procedures
Section 401 KAR 30:020 - General provisions
Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO: KRS Subchapters 224.10, 224.43, 224.99, 40 C.F.R. 260 Subpart A
NECESSITY, FUNCTION, AND CONFORMITY: KRS 224.10-100 and the waste management provisions of KRS Chapter 224 require the Environmental and Public Protection Cabinet to promulgate administrative regulations for the generation, treatment, storage, recycling and disposal of hazardous wastes and the disposal of solid wastes. This administrative regulation establishes general provisions which apply to the waste management administrative regulations with regard to applicability, scope, exceptions, variances, general prohibitions, compatibility, conflicting provisions, severabil-ity, availability and confidentiality of information.
Section 1. Applicability. The waste management administrative regulations established in 401 KAR Chapters 31 to 49 shall apply to the disposal of solid waste and the management of all liquid, semisolid, solid, or gaseous waste defined or identified as hazardous in KRS Chapter 224 or the appropriate administrative regulations by all persons and state and federal agencies who engage in the generation, treatment, storage, or disposal of wastes, including hazardous substances spilled into the environment, that meet the criteria of hazardous waste.
Section 2. Variance. Except as provided in 401 KAR Chapter 38, a variance shall be a written waiver from any provision of the waste management administrative regulations, upon the finding by the cabinet that the absence of the provision shall provide adequate protection to health and the environment in a manner consistent with the purpose of the waste management administrative regulations and KRS Chapter 224.
Section 3. Compatibility with the Federal Acts. The administrative regulations promulgated pursuant to the waste management provisions of KRS Chapter 224 shall be compatible with federal regulations adopted pursuant to Pub.L. 94-580, the "Resource Conservation and Recovery Act of 1976," as amended through September 1996.
Section 4. Conflicting Provisions. The provisions of the waste management administrative regulations shall be construed as being compatible with and complimentary to each other. If an administrative regulation is found to be contradictory, the more stringent provisions shall apply.
Section 5. Severability. If a provision of KRS Chapter 224 or any administrative regulation promulgated pursuant thereto is found to be invalid, the remaining waste management administrative regulations in 401 KAR Chapters 30 through 49 shall not be affected or diminished thereby.
Section 6. Use of Number and Gender. In accordance with 40 C.F.R. 260.3, as used in 401 KAR Chapters 30 through 49:
Section 7. Applicability of Administrative Regulations.
Section 8. Availability of Information; Confidentiality of Information.
Section 9. Compliance Deadlines. After promulgation of administrative regulations under 401 KAR Chapter 31 identifying by its characteristics or listing any substance as hazardous waste subject to the hazardous waste management administrative regulations, any person generating or transporting a substance or owning or operating a facility for treatment, storage, disposal or recycling of such substance shall register with the cabinet. The registration shall be filed within ninety (90) days after promulgation or revision of the administrative regulations unless another notification date is specified.
Section 10. Referenced Documents.
STATUTORY AUTHORITY: KRS 224.10-100