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.)