401 KAR 30:040.

Transfer of regulatory responsibility.

 

      RELATES TO: KRS

Subchapters 224.10, 224.40, 224.43

      STATUTORY AUTHORITY:

KRS 224.10-100(24)

      NECESSITY, FUNCTION,

AND CONFORMITY: KRS 224.10-100 and the waste management provisions of KRS

Chapter 224 require the Environmental

and Public Protection Cabinet to promulgate

administrative regulations for the management of solid and hazardous wastes. This

administrative regulation transfers regulatory responsibility for coal mining

solid waste to the Department for Natural Resources, Division of Mine Reclamation

and Enforcement.

 

      Section 1.

Regulatory Authority. Mining waste shall be a special waste pursuant to KRS

224.50-760(1)(a). Coal mining wastes as defined in 401 KAR 30:005 shall be

regulated under KRS Chapter 350.

 

      Section 2. Transfer

of Responsibility. The regulatory responsibility for coal mining waste

disposal, which is subject to waste management administrative regulations,

shall be with the Department for Natural Resources, Division of Mine Reclamation

and Enforcement at sites regulated under KRS

Chapter 350. Coal mining waste may be disposed of in the areas regulated under

KRS Chapter 350 and shall be exempt from the permit requirements in 401

KAR 47:100 if:

      (1) Hazardous waste

is not placed, stored, treated, disposed or otherwise managed under the

provisions of this section; and

      (2) The general

requirements of KRS Chapter 224 are maintained.

 

      Section 3. Variance

and Termination. (1) This transfer of regulatory responsibility shall include the

regulatory authority in 401

KAR 47:120, Section 1(8), to request

information from the applicant, and the regulatory authority to grant a variance

pursuant to 401 KAR 30:020, Section 2. This transfer of regulatory

responsibility may be terminated by the cabinet at an individual mining site if

any of the provisions of Section 2 of this administrative regulation are

violated, and the Department for Environmental Protection shall reassume full

regulatory responsibility for the individual site at that time. (Recodified

from 401 KAR 2:050, Section 2, eff. 3-1-83; Am. 23 Ky.R. 490; eff. 3-12-97; 33

Ky.R. 2377; 3658; eff. 6-13-2007.)