401 Kar 40:040. Remedies

Link to law: http://www.lrc.ky.gov/kar/401/040/040.htm
Published: 2015

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      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.)