††††† 401 KAR 33:030. Hazardous waste discharges during transportation.

 

††††† RELATES TO: KRS Subchapters 224.10, 224.40, 224.46, 40 C.F.R. 263 Subpart C

††††† STATUTORY AUTHORITY: KRS 224.10-100, 224.46-560

††††† NECESSITY, FUNCTION, AND CONFORMITY: KRS 224.46-560 requires the Environmental and Public Protection Cabinet to promulgate administrative regulations establishing standards applicable to transporters of hazardous waste regarding recordkeeping and compliance with the manifest system. This administrative regulation establishes the standards which are applicable for a discharge of hazardous waste during transportation.

 

††††† Section 1. Immediate Action. The subject matter shall be governed by 40 C.F.R. 263.30(a), effective July 1, 2005.

 

††††† Section 2. Removal of Hazardous Discharge. The subject matter shall be governed by 40 C.F.R. 263.30(b), effective July 1, 2005.

 

††††† Section 3. Steps for Reporting Discharges. (1) Except as provided in subsection (2) of this section the subject matter shall be governed by 40 C.F.R. 263.30(c), effective July 1, 2005.

††††† (2) In addition to the requirements in 40 C.F.R. 263.30(c), an air, rail, highway, or water transporter who has any knowledge of a release or threatened release of a pollutant or contaminant to the environment in a quantity which may present an imminent or substantial danger to human health or the environment shall immediately notify the cabinetís twenty-four (24) hour emergency response line as required by KRS 224.01-400(7) and provide a written report of the incident or accident within seven (7) days of the release, if required by the cabinet pursuant to KRS 224.01-400(8).

 

††††† Section 4. Bulk Shipment Transporters. The subject matter shall be governed by 40 C.F.R. 263.30(d), effective July 1, 2005.

 

††††† Section 5. Discharge Clean Up. The subject matter shall be governed by 40 C.F.R. 263.31, effective July 1, 2005. (Recodified from 401 KAR 2:085, Section 5, eff. 3-1-83; 33 Ky.R. 2397; 3752; eff. 6-13-2007.)