401 KAR 45:140. Conditions applicable to all

special waste permits.

 

      RELATES TO: KRS 224.01, 224.10, 224.40, 224.46,

224.50, 224.99

      STATUTORY AUTHORITY: KRS 224.10-100, 224.40-305,

224.50-760

      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. (18 Ky.R. 3109; eff. 6-24-92.)