401 KAR 40:010.
General enforcement provisions.
RELATES TO: KRS
224.10, 224.46, 224.99
AUTHORITY: KRS 224.46-520
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
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.
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.