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,
or 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 the permitting standards for special
waste sites or facilities, and the standards applicable to all special waste
sites or facilities. This administrative regulation sets forth the conditions
applicable to all special waste permits.
Section
1. Conditions Applicable to All Permits. The conditions applicable
to a special waste site or facility shall be incorporated into the permit
either expressly or by reference.
(1) Duty to
comply. The owner or operator shall comply with all conditions of the permit
and all approved plans in the permit application. Any permit noncompliance
constitutes a violation of the appropriate Kentucky Revised Statute and is
grounds for enforcement action that may result in revocation, modification, or
denial of a permit application.
(2)
Duty to reapply. If the owner or operator wishes to continue an activity
regulated by the permit after the expiration date of the permit, if applicable,
the owner or operator shall apply for and obtain a new permit.
(3) Duty to halt or reduce activity. It shall
not be a defense for an owner or operator in an enforcement action to claim
necessity to halt or reduce the permitted activity in order to maintain
compliance with the conditions of the permit. The owner or operator shall
comply with this chapter before commencing operations.
(4) Duty to mitigate. In the event of
noncompliance with the permit, the owner or operator shall take all reasonable
steps to minimize releases to the environment, and shall carry out such
measures as are reasonable to prevent significant adverse impacts on human
health and the environment.
(5)
Proper operation and maintenance. The owner or operator shall at all times
properly operate and maintain all facilities and systems of treatment and
control that are installed or used by the owner or operator to achieve
compliance with the conditions of the permit. Proper operation and maintenance
includes effective performance, adequate funding, adequate operator staffing
and training, and process controls, including appropriate quality assurance
procedures.
(6) Permit actions. The
permit may be modified or revoked for cause. The filing of a request by the
owner or operator for a permit modification, revocation, or termination, or a
notification of planned changes or anticipated noncompliance, shall not stay
any permit condition.
(7) Property
rights. The permit shall not convey any property rights or any exclusive
privilege.
(8) Duty to provide
information. The owner or operator shall furnish the cabinet with any
information that the cabinet reasonably requests to determine whether cause
exists for modifying, revoking, or terminating the permit, or to determine
compliance with the permit or any provision of KRS Chapter 224 or this chapter.
The owner or operator shall also furnish to the cabinet upon request copies of
records required to be kept by the permittee.
(9) Inspection and entry. The owner or
operator shall allow the cabinet or its authorized representative to:
(a) Enter upon the owner's or operator's
premises where a regulated facility or activity is located or conducted, or
where records are kept under the conditions of the permit;
(b) Have access to and copy at reasonable
times any records that are kept under the conditions of the permit;
(c) Inspect any facility's equipment,
including monitoring and control equipment, practices, or operations regulated
or required under the permit; and
(d) Sample or monitor, for the purposes of
assuring permit compliance or determining compliance with KRS Chapter 224 or
this chapter, any substances or parameters at any location.
(10) Signatory requirement. All
applications, reports, and information submitted to the cabinet shall be signed
and certified in accordance with Section 10 of
401 KAR
45:030.
(11) Authorization to operate. For a new
special waste site or facility, or a facility undergoing an expansion or
modification as stated in
401
KAR 45:040, the owner or operator shall not commence
storage, treatment, or disposal of special waste in the modified portion of the
facility until:
(a) The owner or operator has
submitted to the cabinet, by certified mail or hand delivery, a request for the
issuance of a construction/operation permit signed by the owner or operator
stating that the facility has been constructed or modified in compliance with
the construction permit. The request shall be accompanied by a fee specified in
Section 2(1)(d) of
401 KAR
45:250; and
(b) The cabinet has inspected the newly
constructed or modified facility and issued a special waste
construction/operation permit or modified construction/operation
permit.
(12) Transfers.
The permit shall not be transferable to any person without prior approval of
the cabinet. Proposed new owners or operators shall submit a complete transfer
permit application to the cabinet in accordance with Section 3 of
401
KAR 45:040.
(13) Monitoring reports. Monitoring results
shall be reported at the intervals specified in the approved permit
application.
(14) Compliance
schedules. Reports of compliance with, or any progress reports on, requirements
contained in any compliance schedule of the permit shall be submitted no later
than fourteen (14) days following each scheduled date.
(15) Reports. Periodic reports as required in
this chapter or in the permit shall be submitted to the cabinet on a timely
basis.
(16) Other information. If
the owner or operator fails to submit any relevant facts in a permit
application, or submits incorrect information in a permit application or in any
report to the cabinet, he shall promptly submit the facts or correct
information.
Section 2.
Establishing Permit Conditions. In addition to conditions required for all
permits in Section 1 of this administrative regulation, the cabinet shall
establish conditions on a case-by-case basis in permits. The cabinet may
incorporate applicable requirements directly into the permit. Each special
waste permit issued by the cabinet shall contain conditions as the cabinet
determines necessary to protect human health and the environment.
STATUTORY AUTHORITY:
KRS
224.10-100,
224.40-305,
224.50-760