401 KAR 40:040.
Remedies.
RELATES TO: KRS
224.10, 224.46, 224.99
STATUTORY
AUTHORITY: KRS 224.10-100
NECESSITY,
FUNCTION, AND CONFORMITY: KRS 224.10-100 requires the cabinet to inspect
any property or premises for the purpose of investigating either actual or
suspected sources of pollution or contamination or for the purpose of
ascertaining compliance or noncompliance with KRS Chapter 224 or the
administrative regulations promulgated pursuant thereto. KRS 224.99-010 permits
the cabinet to assess civil and criminal penalties against any person who fails
to perform any duties imposed by KRS Chapter 224, the administrative
regulations promulgated pursuant to KRS Chapter 224, or any determination or
order of the cabinet. This chapter establishes standards for enforcement and
compliance monitoring of hazardous waste and solid waste management and
practices. The enforcement and compliance monitoring standards of this chapter
are for those activities and hazardous waste and solid waste sites or
facilities regulated pursuant to 401 KAR Chapters 30 through 47. This
administrative regulation establishes remedies for solid waste and hazardous
waste violations.
Section 1.
Modification, Suspension and Revocation of a Permit. The cabinet may modify,
suspend or revoke a permit issued under 401 KAR Chapters 30 through 47 for:
(1) Violation of
any requirement of KRS Chapter 224 or the respective administrative regulations
promulgated pursuant thereto.
(2) Aiding,
abetting or permitting the violation of any provisions of 401 KAR Chapters 30
through 47.
(3) Any action
or omission associated with maintenance and operation of the facility that
could or does create a threat to public health or the environment.
(4) Violations
of a condition or a variance of the hazardous waste site or facility permit or
a solid waste site or facility permit.
(5)
Misrepresentation or omission of a significant fact by the operator either in
the application for the permit or in information subsequently reported to the
cabinet.
(6) Failure to comply
with an order issued by the cabinet.
Section 2. Order
for Discontinuance, Abatement, or Alleviation. The secretary may, when he finds
after investigation that it would be prejudicial to the interests of the people
of the state to delay action, issue an order for discontinuance, abatement, or
alleviation of a condition or activity without prior hearing as provided in KRS
224.10-410.
Section 3.
Discontinuance of a Permit. (1) The secretary may order the discontinuance of a
permit prior to any hearing when he determines such action is necessary to
protect public health and safety and the environment from imminent danger.
(2) The
secretary, or his authorized designee, shall notify the owner or operator of
the hazardous waste site or facility or of the solid waste site or facility of
the discontinuance and the effective date thereof and, at the same time, shall
provide the owner or operator with an explanation for the basis of the
discontinuance.
(3) The owner or
operator shall take prompt action to correct the deficiencies cited by the
cabinet.
(4) The
suspension shall remain in effect until the deficiencies are corrected to the
satisfaction of the cabinet or until the cabinet makes a final determination
based on the outcome of a hearing held in accordance with the requirements of
KRS 224.10-410. The determination may result in termination of the order,
suspension, or modification of the permit, or revocation of the permit.
Section 4.
Petition for Reinstatement. An owner or operator whose permit has been
suspended or revoked may petition the cabinet for reinstatement after thirty
(30) days or more have elapsed from the effective date of the suspension or
revocation or from the date of the denial of a similar petition or immediately
after the conditions of Section 3(4) of this administrative regulation have
been met. (Recodified from 401 KAR 2:065, Sections 4, 6 and 7, eff. 3-1-83; Am.
10 Ky.R. 165; eff. 12-2-83.)
