401 KAR 34:010. General provisions for

facilities.

 

      RELATES TO: KRS 224.01, 224.10, 224.40,

224.43, 224.46, 224.70, 224.99

      STATUTORY AUTHORITY: KRS 224.10-100,

224.46-520, 224.46-530

      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 cabinet

to establish standards for these permits, to require adequate financial

responsibility, to establish minimum standards for closure for all facilities

and the postclosure monitoring and maintenance of hazardous waste disposal

facilities. This chapter establishes minimum standards for new hazardous waste

sites or facilities. This administrative regulation establishes the purpose,

scope and applicability of the standards in this chapter and the relationship

to the interim status standards for facilities.

 

      Section 1. Purpose, Scope, and

Applicability. (1) The subject matter shall be governed by 40 C.F.R. 264.1

except 264.1(f) and 264.1(g)(12), effective July 1, 2005.

      (2) "Notification of Hazardous Waste

Activity Form", DEP 7037, incorporated by reference in 401 KAR 32:010,

Section 4, shall be used in lieu of EPA Form 8700-12.

 

      Section 2. Relationship to Interim Status

Standards. The subject matter shall be governed by 40 C.F.R. 264.3, effective

July 1, 2005.

 

      Section 3. Imminent Hazard Action. (1)

The subject matter shall be governed by 40 C.F.R. 264.4, effective July 1,

2005.

      (2) The reference to Section 7003 of RCRA

referred to in the federal regulation referenced in subsection (1) of this

section shall be replaced with KRS 224.10-410. (Recodified from 401 KAR 2:063,

Section 1, eff. 3-1-83; Am. 12 Ky.R. 736; eff. 2-4-86; 14 Ky.R. 1380; eff.

3-10-88; 23 Ky.R. 579; eff. 3-12-97; 33 Ky.R. 2026; 3766; eff. 6-13-2007.)