401 KAR 38:500. Provisions for approval by the local government or the Kentucky Regional Integrated Treatment and Disposal Facility Siting Board

Link to law: http://www.lrc.ky.gov/kar/401/038/500.htm
Published: 2015

      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.)
Read Entire Law on www.lrc.ky.gov