401 KAR 40:010.

General enforcement provisions.

 

      RELATES TO: KRS

224.10, 224.46, 224.99

      STATUTORY

AUTHORITY: KRS 224.46-520

      NECESSITY,

FUNCTION, AND CONFORMITY: KRS 224.10-100 requires the cabinet to inspect any

property or premises for the purpose of investigating either actual or

suspected sources of pollution or contamination or for the purpose of

ascertaining compliance or noncompliance with KRS Chapter 224 or the

administrative regulations promulgated pursuant thereto. KRS 224.99-010 permits

the Environmental and Public Protection Cabinet to assess civil and criminal penalties

against any person who fails to perform any duties imposed by KRS Chapter 224,

the administrative regulations promulgated pursuant to KRS Chapter 224 or any

determination or order of the cabinet. This chapter establishes standards for

enforcement and compliance monitoring of hazardous waste and solid waste

management and practices. The enforcement and compliance monitoring standards

of this chapter are for those activities and hazardous waste and solid waste

sites or facilities regulated pursuant to 401 KAR Chapters 30 through 47. This

administrative regulation establishes general enforcement provisions for the

hazardous waste management administrative regulations.

 

      Section 1. Enforcement.

The requirements of 401 KAR Chapters 30 through 47 shall be enforced by the

secretary or any duly authorized representative of the cabinet. Enforcement of

these requirements shall be in accordance with the provisions of this chapter

and KRS Chapter 224 to the extent such provisions provide fair and orderly

fulfillment of the duties and powers of the secretary and the Environmental and

Public Protection Cabinet. This chapter, however, shall in no way limit or prevent

the secretary or the Environmental and Public Protection Cabinet from

exercising any power or authority granted or vested it by the laws of the

Commonwealth.

 

      Section 2.

Inspection. In accordance with the provisions of this chapter, the cabinet

shall conduct or cause to be conducted such inspections, studies,

investigations or other determinations as it deems reasonable and necessary to

obtain information and evidence with which to ensure that waste management and

disposal practices are conducted in accordance with the provisions of KRS

Chapter 224, 401 KAR Chapters 30 through 40, all terms and conditions of a

permit, and any order of the secretary.

 

      Section 3.

Compliance. It shall be the duty of any person affected by the provisions of

KRS Chapter 224, 401 KAR Chapters 30 through 47, any condition of a permit or

order of the secretary pertaining to hazardous or solid waste management or

disposal activities to demonstrate compliance with any such provision,

condition or order. Failure or inability to demonstrate compliance may be presumed

by the secretary or any duly authorized representative of the cabinet to mean

such person has not complied with that provision, condition or order for the

purpose of proceeding with any action contemplated by this chapter. (Recodified

from 401 KAR 2:065, Section 1, 3-1-83; Am. 10 Ky.R. 162; eff. 12-2-83; TAm eff.

8-9-2007.)