401 KAR 34:010. General provisions for facilities.

 

      RELATES TO: KRS 224.01, 224.10, 224.40, 224.43, 224.46, 224.70, 224.99

      STATUTORY AUTHORITY: KRS 224.10-100, 224.46-520, 224.46-530

      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 cabinet to establish standards for these permits, to require adequate financial responsibility, to establish minimum standards for closure for all facilities and the postclosure monitoring and maintenance of hazardous waste disposal facilities. This chapter establishes minimum standards for new hazardous waste sites or facilities. This administrative regulation establishes the purpose, scope and applicability of the standards in this chapter and the relationship to the interim status standards for facilities.

 

      Section 1. Purpose, Scope, and Applicability. (1) The subject matter shall be governed by 40 C.F.R. 264.1 except 264.1(f) and 264.1(g)(12), effective July 1, 2005.

      (2) "Notification of Hazardous Waste Activity Form", DEP 7037, incorporated by reference in 401 KAR 32:010, Section 4, shall be used in lieu of EPA Form 8700-12.

 

      Section 2. Relationship to Interim Status Standards. The subject matter shall be governed by 40 C.F.R. 264.3, effective July 1, 2005.

 

      Section 3. Imminent Hazard Action. (1) The subject matter shall be governed by 40 C.F.R. 264.4, effective July 1, 2005.

      (2) The reference to Section 7003 of RCRA referred to in the federal regulation referenced in subsection (1) of this section shall be replaced with KRS 224.10-410. (Recodified from 401 KAR 2:063, Section 1, eff. 3-1-83; Am. 12 Ky.R. 736; eff. 2-4-86; 14 Ky.R. 1380; eff. 3-10-88; 23 Ky.R. 579; eff. 3-12-97; 33 Ky.R. 2026; 3766; eff. 6-13-2007.)