401 KAR 38:030. Conditions applicable to all permits

Link to law: http://www.lrc.ky.gov/kar/401/038/030.htm
Published: 2015

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      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.)