401 KAR 34:020. General facility
RELATES TO: KRS Subchapters 224.01,
224.10, 224.40, 224.43, 224.46, 224.70, 224.99, 40 C.F.R. 264 Subpart B
STATUTORY AUTHORITY: KRS 224.10-100,
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, to establish minimum standards for
closure for all facilities and the postclosure monitoring and maintenance of
hazardous waste disposal facilities. This administrative regulation establishes
general standards for hazardous waste facilities. This administrative
regulation is equivalent to corresponding federal regulations, except Section 9
of this administrative regulation prohibits the construction of a facility in
the 100-year flood plain.
Section 1. Applicability. The subject
matter shall be governed by 40 C.F.R. 264.10, effective July 1, 2005.
Section 2. Identification Number. The
subject matter shall be governed by 40 C.F.R. 264.11, effective July 1, 2005.
Section 3. Required Notices. The subject
matter shall be governed by 40 C.F.R. 264.12, effective July 1, 2005.
Section 4. General Waste Analysis. The
subject matter shall be governed by 40 C.F.R. 264.13, effective July 1, 2005.
Section 5. Security. The subject matter
shall be governed by 40 C.F.R. 264.14, effective July 1, 2005.
Section 6. General Inspection
Requirements. The subject matter shall be governed by 40 C.F.R. 264.15,
effective July 1, 2005.
Section 7. Personnel Training. The
subject matter shall be governed by 40 C.F.R. 264.16, effective July 1, 2005.
Section 8. General Requirements for
Ignitable, Reactive, or Incompatible Wastes. The subject matter shall be
governed by 40 C.F.R. 264.17, effective July 1, 2005.
Section 9. Location Standards. (1)
Seismic considerations. Portions of new facilities where treatment, storage, or
disposal of hazardous waste will be conducted shall not be located within
sixty-one (61) meters (approximately 200 feet) of a fault which had displacement
in Holocene time.
(2) Flood plains.
(a) Except as provided in paragraph (c)
of this subsection, a facility located in a 100-year flood plain shall be
designed, constructed, operated, maintained, and refitted if necessary, to prevent
washout of any hazardous waste and to protect the facility from inundation by
waters of the 100-year flood plain throughout the active life of the facility,
throughout the closure phase of the facility, and for disposal facilities only,
throughout the postclosure phase. Facilities that have closed and removed all
hazardous waste, waste constituents, contaminated soil, debris, or other
material contaminated with hazardous constituents, shall not be required to
protect the closed portion of the facility from washout of waste or inundation
by waters of the 100-year flood. Prevention of washout and protection from inundation
shall be accomplished by one (1) of the following:
1. Using a structure or device such as a
dike or floodwall which has been designed to:
a. Provide adequate freeboard to prevent
overtopping of the structure during a 100-year flood due to wind and wave
b. Provide sufficient structural
integrity to prevent massive failure due to the force and erosive tendencies of
the 100-year floodwaters; and
c. Accommodate other characteristics of
the facility's location, such as special geologic or hydrological features, as
necessary to accomplish the requirements of this subsection;
2. Providing procedures which will cause
the waste to be removed safely, before floodwaters can reach the facility, to a
location where the wastes will not be vulnerable to floodwaters; and
3. Demonstrating that alternate devices
or measures, with the exception of covering the waste, will provide protection
which meets the requirements of this paragraph.
(b) A person shall not be issued a permit
to construct a new hazardous waste site or facility in the floodway.
(c) A person shall not be issued a permit
to construct a new hazardous waste disposal site or facility in the 100-year
flood plain or a seasonal high-water table.
(d) A hazardous waste site or facility
shall not restrict the flow of the 100-year flood or reduce the temporary water
storage capacity of the 100-year flood plain so as to pose a hazard to human
life, wildlife, or land or water resources.
(3) Salt dome formations, salt bed
formations, underground mines and caves. Noncontainerized or bulk liquid
hazardous waste shall not be placed in any salt dome formation, salt bed
formation, underground mine, or cave.
Section 10. Construction Quality
Assurance Program. The subject matter shall be governed by 40 C.F.R. 264.19,
effective July 1, 2005. (Recodified from 401
KAR 2:063, Section 2, 3-1-83; Am. 10 Ky.R. 84; 541; eff. 12-2-83; 12 Ky.R. 738;
eff. 2-4-86; 14 Ky.R. 1381; 1795; eff. 3-10-88; 17 Ky.R. 9-25-90; 19 Ky.R. 117;
eff. 9-23-92; 20 Ky.R. 1142; 1893; eff. 2-10-94; 23 Ky.R. 581; eff. 3-12-97; 33
Ky.R. 2028; 3767; eff. 6-13-2007.)