Current through Register Vol. 50, No. 9, March 1, 2024
NECESSITY, FUNCTION, AND CONFORMITY: KRS Chapter 224 requires
the cabinet to adopt administrative regulations for the management, processing,
and disposal of 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. This chapter establishes standards applicable to all special
waste sites or facilities. This administrative regulation sets forth the
requirements for an emergency permit and a research, development, and
demonstration permit.
Section 1.
Emergency Permit.
(1) The cabinet may issue an
emergency permit that allows for the disposal or temporary storage of special
waste in response to a situation that poses an imminent and substantial threat
to human health or the environment. However, an emergency permit shall only be
issued when the circumstances preclude the processing of a permit of
appropriate classification, and the permitted site would not create an
endangerment to human health or the environment.
(2) An emergency permit:
(a) Shall be oral or written. If oral, it
shall be followed in five (5) days by a written emergency permit
request;
(b) Shall not exceed
ninety (90) days in duration;
(c)
Shall clearly specify the special wastes to be received, and the manner and
location of treatment, storage, or disposal;
(d) May be unilaterally terminated by the
cabinet at any time if the cabinet determines that termination is appropriate
to protect human health or the environment;
(e) Shall incorporate to the extent possible,
and not inconsistent with the emergency situation, all applicable requirements
of this chapter and
401 KAR
30:031;
(f) Shall specify that all remaining special
waste is to be removed at the end of the term of the emergency permit to a
properly permitted special waste site or facility in order to be exempted from
closure and financial requirements of this chapter; and
(g) Shall specify that failure to comply with
the conditions of the emergency permit shall be grounds for the cabinet to take
any appropriate enforcement action including an action to recover the cost of
proper closure.
Section
2. Research, Development, and Demonstration Permits.
(1) The cabinet may issue a research,
development, and demonstration permit for any special waste treatment or
disposal site or facility that proposes to utilize an innovative and
experimental special waste technology or process for which permit standards for
such experimental activity have not been promulgated under this chapter. The
permit shall include terms and conditions that will assure protection of human
health and the environment. In issuing research, development, and demonstration
permits, the cabinet shall:
(a) Provide
standards for the construction of the facility, and authorize operation of the
facility for not longer than two (2) years, unless the permit is renewed as
provided in subsection (4) of this section;
(b) Provide authorization for the receipt,
storage, and disposal by the facility of only those types and quantities of
special waste that the cabinet deems necessary for purposes of determining the
efficiency and performance capabilities of the technology or process and the
effects of the technology or process on human health and the environment;
and
(c) Include requirements
necessary to protect human health and the environment including, but not
limited to: monitoring, operation, financial responsibility, closure,
corrective action, testing, and reporting.
(2) The processing of a research,
development, and demonstration permit shall be accomplished on a case-by-case
basis. The cabinet may, consistent with the protection of human health and the
environment, modify or waive permit issuance requirements in this chapter
except there shall be no modification or waiver of the requirement to post
financial assurance in accordance with
401
KAR 45:080 or the provisions of
401
KAR 45:050 regarding public notification.
(3) The cabinet may order an immediate
termination of all operations at the site or facility at any time it is
determined that termination is necessary to protect human health or the
environment.
(4) Permits issued
under this section may be renewed one (1) time for a period not to exceed two
(2) years.
(5) Persons applying for
a new or renewal of a research, development, and demonstration permit shall use
form DEP 7094B entitled "Application For A Research, Development, and
Demonstration Permit" (November 2016). The requirements contained in the
research, development, and demonstration permit application are incorporated in
this administrative regulation by reference. The cabinet may require that
additional information be included in the application to ensure the protection
of human health and the environment. The application may be obtained from the
Division of Waste Management, 300 Sower Boulevard, Frankfort, Kentucky 40601,
(502) 564-6716, between the hours of 8 a.m. to 4:30 p.m., Eastern Time, Monday
through Friday, or from the Web site at
eec.ky.gov/environmental-protection/waste.
(6) The cabinet, in issuing a research,
development and demonstration permit, shall prepare as a permit condition a
list of statutes and administrative regulations with which the owner or
operator of the facility is required to comply. The cabinet shall determine the
groundwater monitoring, closure, postclosure, financial assurance obligations,
and reporting requirements of the owner or operator and shall list them as a
permit condition.
(7) The owner or
operator of a research, development, and demonstration site or facility shall
submit a renewal application at least 180 days prior to the expiration of the
initial permit.
STATUTORY AUTHORITY:
KRS
224.10-100,
224.40-305,
224.50-760