401 KAR 38:030. Conditions applicable to
all permits.
RELATES TO: KRS Subchapters 224.10,
224.40, 224.46, 224.99, 40 C.F.R. 270 Subpart C
STATUTORY AUTHORITY: KRS 224.10-100,
224.46-520
NECESSITY, FUNCTION, AND CONFORMITY: KRS
224.46-520 requires the Environmental and Public Protection Cabinet to promulgate
administrative regulations for permitting of persons who treat, store, recycle,
or dispose of hazardous waste. This administrative regulation establishes the
conditions applicable to all waste permits required by KRS 224.46-520. This
administrative regulation differs from the corresponding federal regulations by
requiring compliance with the statutory provision for immediate reporting as
established in KRS 224.01-400 as opposed to the twenty-four (24) hour timeframe
as established in 40 C.F.R. 270(30)(l)(6).
Section 1. Conditions Applicable to All
Permits. (1) Except as provided in subsections (2) to (4) of this section, the
subject matter shall be governed by 40 C.F.R. 270.30 except 270.30(l)(6), (l)(9),
and (m), effective July 1, 2005.
(2) An annual report shall be submitted
covering facility activities during the previous calendar year as required by
401 KAR 34:050, Section 6.
(3) The cabinet may require the permittee
to establish and maintain an information repository, based on the factors established
in 401 KAR 38:050, Section 16(2). The information repository shall be governed
by the requirements in 401 KAR 38:050, Section 16(3) through (6).
(4) All permits issued by the cabinet
shall be subject to any future statutory or regulatory changes whose purpose is
the protection of the health and welfare of the citizens of the Commonwealth or
their environment.
(5) Immediate reporting.
(a) The permittee shall report any
noncompliance which may endanger health or the environment. Any information
shall be provided orally within two (2) hours from the time the permittee
becomes aware of the circumstances. A written submission shall also be provided
within five (5) days of the time the permittee becomes aware of the
circumstances.
(b) The written submission shall contain:
1. A description of the noncompliance and
its cause;
2. The period of noncompliance, including
exact dates and times, and if the noncompliance has not been corrected, the anticipated
time it is expected to continue; and
3. Steps taken or planned to reduce,
eliminate, and prevent reoccurrence of the noncompliance.
(c) The following shall be included as
information which shall be reported orally within two (2) hours:
1. Information concerning
release of any hazardous waste that may cause an endangerment to public
drinking water supplies, including both surface water and groundwater used for
public drinking water supply;
2. Any information
of a release or discharge of hazardous waste, or of a fire or explosion from a
hazardous waste site or facility, which could threaten the environment or human
health outside the facility.
(d) The
description of the occurrence and its cause shall include:
1. The name,
address, and telephone number of the owner or operator;
2. The name,
address, and telephone number of the facility;
3. The date, time
and type of incident;
4. The name and
quantity of each material involved;
5. The extent of
injuries, if any;
6. An assessment
of actual or potential hazards to the environment and human health outside the
facility, if applicable; and
7. The estimated
quantity and disposition of recovered material that resulted from the incident.
(e) The cabinet
may waive the five (5) day written notice requirement in favor of a written
report within fifteen (15) days.
Section 2. Requirements for Recording and
Reporting of Monitoring Results. The subject matter shall be governed by 40
C.F.R. 270.31, effective July 1, 2005.
Section 3. Establishing Permit Conditions.
(1) The subject matter shall be governed by 40 C.F.R. 270.32, effective July 1,
2005.
(2) The citation to Section 3005 of RCRA
in the federal regulation referenced in subsection (1) of this section shall be
replaced with KRS 224.46-530.
(3) The citation to "the act"
in the federal regulation referenced in subsection (1) of this section shall be
replaced with KRS Chapter 224.
Section 4. Schedules of Compliance. The
subject matter shall be governed by 40 C.F.R. 270.33, effective July 1, 2005.
(Recodified from 401 KAR 2:060, Section 7, 3-1-83; Am. 9 Ky.R. 993; eff.
3-1-83; 10 Ky.R. 138; 595; eff. 12-2-83; 12 Ky.R. 833; eff. 2-4-86; 14 Ky.R.
1485; eff. 3-10-88; 23 Ky.R. 934; eff. 3-12-97; 33 Ky.R. 2671; 4079; eff.
6-13-2007.)