401 KAR 34:080. General financial requirements

Link to law: http://www.lrc.ky.gov/kar/401/034/080.htm
Published: 2015

      401 KAR 34:080. General financial

requirements.

 

      RELATES TO: KRS 224.10, 224.40, 224.46,

40 C.F.R. 264 Subpart H, EO 2008-507, 2008-531

      STATUTORY AUTHORITY: KRS 224.46-505,

224.46-520

      NECESSITY, FUNCTION, AND CONFORMITY: KRS

224.46-520 requires that persons engaging in the storage, treatment, and

disposal of hazardous waste obtain a permit. KRS 224.46-520 requires the

Environmental and Public Protection Cabinet to establish standards for these

permits, to require adequate financial responsibility, and to establish minimum

standards for closure for all facilities and the postclosure monitoring and

maintenance of hazardous waste disposal facilities. EO 2008-507 and 2008-531,

effective June 16, 2008, abolish the Environmental and Public Protection

Cabinet and establish the new Energy and Environment Cabinet. This

administrative regulation establishes the general financial requirements for

owners and operators of hazardous waste site and facilities.

 

      Section 1. Financial Requirement

Definitions. The definitions previously found in this section have been

relocated to the definition administrative regulation for this chapter, which

is 401 KAR 34:005.

 

      Section 2. Applicability. (1) The

requirements of 401 KAR 34:090 to 401 KAR 34:130 apply to owners and operators

of all hazardous waste sites or facilities, except as provided otherwise in

this section or in 401 KAR 34:010, Section 1.

      (2) The requirements of 401 KAR 34:100

and 34:110 shall apply only to owners and operators of:

      (a) Disposal facilities;

      (b) Waste piles, and surface impoundments

from which the owner or operator intends to remove the wastes at closure, to

the extent that these sections are made applicable to such facilities in 401

KAR 34:200, Section 7 and 34:210, Section 8;

      (c) Tank systems that are required under

401 KAR 34:190, Section 8 to meet the requirements of landfills;

      (d) Containment buildings that are

required under 401 KAR 34:245, Section 2 to meet the requirements for

landfills; and

      (e) Drip pads that are required under 401

KAR 34:285, Section 6 to meet the requirements for landfills.

      (3) States and the federal government are

exempt from the requirements of Section 1 of this administrative regulation.

      (4) The cabinet may replace all or part

of the requirements of this administrative regulation applying to a regulated

unit with alternative requirements for financial assurance established in the

permit or in an enforceable document if the cabinet:

      (a) Prescribes alternative requirements

for the regulated unit under 401 KAR 34:060, Section1, or 401 KAR 34:070,

Section 1;

      (b) Determines that it is not necessary

to apply the requirements of this administrative regulation because the

alternative financial assurance requirements shall protect human health and the

environment; and

      (c) Provides for public notice and public

comment in accordance with 401 KAR 38:050.

 

      Section 3. General Financial

Requirements. (1) This administrative regulation and 401 KAR 34:090 to 34:130

inclusively contain the financial requirements to establish adequate financial

responsibility as required by KRS 224.46-520(3) for hazardous waste sites or

facilities. A reference to this section is a citation of this administrative

regulation and 401 KAR 34:090 to 34:130.

      (2) Except as specifically provided in

this administrative regulation and 401 KAR 34:090 to 34:130, no variance (401

KAR 30:020, Section 2) or other waivers of these financial requirements shall

be granted by the cabinet.

 

      Section 4. Incorporation by Reference.

(1) The following financial instruments are incorporated by reference:

      (a) Trust Agreement for Closure and

Postclosure Assurance, DEP Form 6035A, July 2008;

      (b) Financial Guarantee Bond to

Demonstrate Closure and/or Postclosure Care, DEP Form 6035B, July 2008;

      (c) Corporate Guarantee for Closure or

Postclosure Care, DEP Form 6035H1, July 2008;

      (d) Letter from Chief Financial Officer

(to Demonstrate Assurance of Closure or Postclosure Care), DEP Form 6035F,

(February 10, 1994);

      (e) Irrevocable Standby Letter of Credit

for Closure and/or Postclosure Care, DEP Form 6035D, July 2008;

      (f) Escrow Agreement to Demonstrate

Closure and/or Postclosure Care, DEP Form 6035J, July 2008;

      (g) Hazardous Waste Site or Facility Bond

to Demonstrate Closure and/or Postclosure Care, DEP Form 6035I, July 2008;

      (h) Performance Bond to Demonstrate

Closure and/or Postclosure Care, DEP Form 6035C, July 2008;

      (i) Letter from Chief Financial Officer

(to Demonstrate Liability Coverage or to Demonstrate Both Liability Coverage

and Assurance of Closure or Postclosure Care), DEP Form 6035G, July 2008;

      (j) Corporate Guarantee for Liability

Coverage, DEP Form 6035H2 (February 10, 1994);

      (k) Hazardous Waste Facility Liability

Endorsement, DEP Form 6035K (February 10, 1994);

      (l) Hazardous Waste Facility Certificate

of Liability Insurance, DEP 6035L (February 10, 1994);

      (m) Certificate of Insurance for Closure

or Postclosure Care, DEP Form 6035E, July 2008;

      (n) Irrevocable Standby Letter of Credit

To Demonstrate Liability Coverage with Standby Trust Agreement, DEP Form 6035N,

July 2008;

      (o) Standby Trust Agreement for Letter of

Credit Demonstrating Liability Coverage, DEP Form 6035R, July 2008;

      (p) Payment Bond to Demonstrate Liability

Coverage, DEP Form 6035O, July 2008;

      (q) Trust Agreement to Demonstrate

Liability Coverage, DEP Form 6035P, July 2008;

      (r) Irrevocable Standby Letter of Credit

to Demonstrate Liability Coverage, DEP Form 6035Q, July 2008; and

      (s) Cover Letter for a Letter of Credit

for Closure and/or Postclosure Care, DEP Form 6035S, July 2008.

      (2) These forms may be obtained from the

Hazardous Waste Branch, Division of Waste Management, 14 Reilly Road,

Frankfort, Kentucky 40601, between the hours of 8 a.m. and 4:30 p.m., Monday

through Friday. Call (502) 564-6716 for assistance. (Recodified from 401 KAR 2:063, Sections 7, 8 and 9, 3-1-83; Am. 10

Ky.R. 91; eff. 12-2-83; 14 Ky.R. 1395; eff. 3-10-88; 20 Ky.R. 1154; eff.

2-10-94; 23 Ky.R. 603; eff. 3-12-97; 34 Ky.R. 2455; 35 Ky.R. 39; 265; eff.

8-21-08.)
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