Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO:
KRS 224.01-010,
224.50-760
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
224.10-100(30) authorizes
the cabinet to promulgate administrative regulations not inconsistent with the
provisions of law administered by the cabinet.
KRS
224.50-760(1)(d) authorizes
the cabinet to promulgate administrative regulations for the management of
special wastes.
KRS
224.40-305 requires persons who establish,
construct, operate, maintain or permit the use of a waste site or facility to
obtain a permit, pursuant to administrative regulations adopted by the cabinet.
This administrative regulation establishes requirements for a special waste
registered permit-by-rule.
Section 1.
Registered Permit-by-rule.
(1) A person
engaged in the following activities shall be required to register with the
cabinet:
(a) Sludge giveaway in accordance
with Section 8 of
401 KAR
45:100;
(b) Beneficial reuse of special waste not
specified in Section 1(7) of
401 KAR
45:060; and
(c) Facilities that treat and store processed
special waste for distribution under Section 10 of
401 KAR
45:100.
(2) Special waste registered permit-by-rule
sites or facilities shall not store, treat, reuse, or dispose of special waste
without first submitting a registration to the cabinet and receiving
acknowledgement, in writing, by the cabinet of acceptance of the registration
in accordance with Section 2 of this administrative
regulation.
Section 2.
Registration Procedure for Registered Permit-by-rule.
(1) Persons required to obtain a registered
permit-by-rule shall complete and submit the following information:
(a) "Registered Permit-by-rule for Sludge
Giveaway" DEP 7059D (November 2005);
(b) "Registered Permit-by-rule for Beneficial
Reuse" DEP 7059F (November 2005); or
(c) "Registered Permit-by-rule for Storage
and Treatment of Processed Special Waste" DEP 7059G (November 2005).
(2) The owner or operator shall
submit any additional information necessary to ensure compliance with this
administrative regulation to the cabinet upon request.
(3) After submission of the appropriate
registration form, the cabinet shall review the registration form. If the
cabinet determines upon examination of the registration form that it fails to
include all of the required information or that the registration form fails to
provide the engineering, geological, or scientific information necessary to
determine that the registered permit-by-rule site or facility will comply with
401 KAR
30:031, the cabinet shall notify the owner or operator
that the registration form is deficient and the owner or operator shall submit
the information requested by the cabinet.
(4) Owners or operators of a registered
permit-by-rule site or facility may begin operation of the site or facility
when the cabinet acknowledges in writing receipt of a complete registration and
the cabinet determines the operation complies with the environmental
performance standards of
401 KAR
30:031.
Section 3. Operation During a Registered
Permit-by-rule.
(1) A site or facility
operating under a registered permit-by-rule, except as provided in Section 4 of
this administrative regulation, shall not:
(a)
Store, treat, reuse, or dispose of special waste not specified in the
registration form; or
(b) Exceed
the design capacities specified in the administrative registration
form.
(2) The owner or
operator of a registered permit-by-rule site or facility shall comply at all
times with
401 KAR
30:031,
401 KAR
45:140, and this administrative regulation.
(3) The owner or operator of a registered
permit-by-rule site or facility shall comply with the applicable provisions of
401 KAR
45:100.
Section 4. Changes To a Registered
Permit-by-rule.
(1) The owner or operator of a
registered permit-by-rule site or facility shall submit a revised registration
form identifying new types of special waste to be stored, treated, reused, or
disposed at the registered permit-by-rule site or facility if the special waste
type was not previously identified in the registration form.
(2) The owner or operator shall submit a
revised registration form prior to increases in the design capacity of
processes used at a site or facility.
(3) The owner or operator shall submit a
revised registration form prior to changes in the processes for the storage,
treatment, reuse, or disposal of special waste or use of additional
processes.
(4) The owner or
operator shall submit a revised registration form prior to changes in owners or
operators of the site or facility.
(5) Changes listed in subsections (1) to (4)
of this section shall not be implemented until the cabinet acknowledges in
writing receipt of a complete revised registration form.
(6) If the revised registration form fails to
provide the engineering, geological, or scientific information necessary to
determine that the registered permit-by-rule site or facility will comply with
401 KAR
30:031, the cabinet shall notify the owner or operator
that the revised registration form is deficient, and the owner or operator
shall submit the information requested by the cabinet.
Section 5. Noncompliances. The cabinet may
take any appropriate enforcement actions, including corrective action or
revocation, if a special waste registered permit-by-rule site or facility is
not operating in compliance with this administrative regulation.
Section 6. Incorporation by Reference.
(1) The following material is incorporated by
reference:
(a) "Registered Permit-by-rule for
Sludge Giveaway", DEP 7059D, November 2016;
(b) "Registered Permit-by-rule for Beneficial
Reuse", DEP 7059F, November 2016; or
(c) "Registered Permit-by-rule for Storage
and Treatment of Processed Special Waste", DEP 7059G, November 2016.
(2) This material may be
inspected, copied, or obtained, subject to applicable copyright law, at the
Division of Waste Management, 300 Sower Boulevard, Frankfort, Kentucky 40601,
(502) 564-6716, Monday through Friday, 8 a.m. to 4:30 p.m., eastern time,
excluding state holidays, or from the Web site at
eec.ky.gov/environmental-protection/waste.
STATUTORY AUTHORITY:
KRS
224.10-100(30),
224.10-100,
224.40-305,
224.50-760(1)(d)
