401 KAR 35:050. Manifest system, recordkeeping and reporting

(Interim Status).

 

      RELATES TO: KRS Subchapters 224.01,

224.10, 224.40, 224.43, 224.46, 224.50, 224.99, 40 C.F.R. 265 Subpart E

      STATUTORY AUTHORITY: KRS 224.10-100,

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. This administrative regulation establishes

the manifest system, recordkeeping, and reporting requirements for facilities

that qualify for interim status. This administrative regulation is equivalent

to federal standards established in 40 C.F.R. 265 Subpart E except for Sections

6 and 8 of this administrative regulation, which require annual reporting to

track transportation of manifested hazardous waste in compliance with KRS Subchapter

224.46.

 

      Section 1. Applicability. The subject

matter shall be governed by 40 C.F.R. 265.70, effective July 1, 2005.

 

      Section 2. Use of Manifest System. The

subject matter shall be governed by 40 C.F.R. 265.71, effective July 1, 2005.

 

      Section 3. Manifest Discrepancies. The

subject matter shall be governed by 40 C.F.R. 265.72, effective July 1, 2005.

 

      Section 4. Operating Record. The subject

matter shall be governed by 40 C.F.R. 265.73, effective July 1, 2005.

 

      Section 5. Availability, Retention, and

Disposition of Records. The subject matter shall be governed by 40 C.F.R.

265.74, effective July 1, 2005.

 

      Section 6. Annual Report. The owner or

operator shall prepare and submit a single copy of the Hazardous Waste Annual

Report, DEP Form 7072, incorporated by reference in 401 KAR 32:040, Section 7,

to the cabinet by March 1 of each year. The Hazardous Waste Annual Report shall

cover site or facility activities during the previous calendar year.

 

      Section 7. Unmanifested Waste Report. The

subject matter shall be governed by 40 C.F.R. 265.76, effective September 6,

2005.

 

      Section 8. Additional Reports. In

addition to submitting the annual report and unmanifested waste reports required

by Sections 6 and 7 of this administrative regulation, the owner or operator

shall also report to the cabinet:

      (1) Releases, fires, and explosions as

specified in 401 KAR 35:040, Section 7;

      (2) Groundwater contamination and

monitoring data as specified in 401 KAR 35:060, Sections 4 and 5;

      (3) Facility closure as specified in 401

KAR 35:070; and

      (4) As otherwise required by 401 KAR

35:275, 401 KAR 35:280, 401 KAR 35:281, and 401 KAR 35:290.

(10 Ky.R. 209; Am. 575; eff. 12-2-83; 12 Ky.R. 807; eff. 2-4-86; 14 Ky.R. 1433;

1821; eff. 3-10-88; 19 Ky.R. 146; eff. 9-23-92; 20 Ky.R. 1205; 1955; eff.

2-10-94; 23 Ky.R. 687; 2065; eff. 3-12-97; 33 Ky.R. 2425; 3868; eff.

6-13-2007.)