401 KAR 38:500. Provisions for approval
by the local government or the Kentucky Regional Integrated Treatment and Disposal
Facility Siting Board.
RELATES TO: KRS Subchapters 224.10,
224.40, 224.43, 224.46, 224.99
STATUTORY AUTHORITY: KRS 224.10-100, 224.46-520
NECESSITY, FUNCTION, AND CONFORMITY: KRS
224.46-520 requires the Environmental and Public Protection Cabinet to promulgate
administrative regulations for permitting of persons who treat, store, recycle,
or dispose of hazardous waste. KRS 224.46-830 and 224.46-520(1) provide that
the cabinet shall not issue a permit to a regional integrated waste treatment
and disposal demonstration facility without approval by the Kentucky Regional
Integrated Waste Treatment and Disposal Facility Siting Board. KRS
225.40-310(5) and (6) and 224.46-520(1) provide that the cabinet shall not
issue a permit to any hazardous waste disposal facility, except for a regional
integrated waste treatment and disposal facility, without approval from the
local government. This administrative regulation establishes the permitting
process for hazardous waste sites or facilities and establishes provisions for
approval by either the local government or the Kentucky Regional Integrated
Waste Treatment and Disposal Facility Siting Board prior to obtaining a permit
for a hazardous waste disposal site or facility from the cabinet.
Section 1. Applicability. (1) This
administrative regulation shall apply to owners and operators of new or
proposed hazardous waste landfills, incinerators, or other sites or facilities
for the land disposal of hazardous waste.
(2)(a) This administrative regulation
shall apply to owners and operators of existing hazardous waste landfills,
incinerators, or other sites or facilities for the land disposal of hazardous
waste who request a permit modification which does not meet the criteria of a
Class 1 or 2 modification as established in 401 KAR 38:040, Section 3.
(b) For permit modifications which are
not Class 1 or 2 modifications, approval of the local government or board shall
only concern those conditions to be included in the permit modification, in
accordance with 401 KAR 38:050, Section 2(3).
(3) This administrative regulation shall
apply to owners and operators of new and existing hazardous waste treatment
facilities and hazardous waste storage facilities who request a permit
modification to include a disposal facility instead of or in addition to any
permitted hazardous waste activity already conducted by the owner or operator.
Section 2. Local Government Approval. The
cabinet shall not issue a permit to construct or operate a hazardous waste
disposal facility or incinerator, unless:
(1) The cabinet has received written
approval from the local government in accordance with KRS 224.46-825(6); or
(2) The hazardous waste site or facility
is not subject to KRS 224.40-310(6) in accordance with KRS 224.40-310(7).
Section 3. Board Approval. The cabinet
shall not issue a permit to construct or operate a hazardous waste site or
facility which meets the definition of a regional integrated waste treatment
and disposal demonstration facility established in KRS 224.46-810(4), unless
the board issues a Certificate of Environmental Safety and Public Necessity in
accordance with KRS 224.46-830. (10 Ky.R. 254; eff. 12-2-83; Am. 17 Ky.R. 401; eff.
9-25-90; 23 Ky.R. 978; eff. 3-12-97; 33 Ky.R. 2729; 4119; eff. 6-13-2007.)