401 KAR 34:020. General facility standards.
RELATES TO: KRS Subchapters 224.01, 224.10, 224.40, 224.43, 224.46, 224.70, 224.99, 40 C.F.R. 264 Subpart B
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, to establish minimum standards for closure for all facilities and the postclosure monitoring and maintenance of hazardous waste disposal facilities. This administrative regulation establishes general standards for hazardous waste facilities. This administrative regulation is equivalent to corresponding federal regulations, except Section 9 of this administrative regulation prohibits the construction of a facility in the 100-year flood plain.
Section 1. Applicability. The subject matter shall be governed by 40 C.F.R. 264.10, effective July 1, 2005.
Section 2. Identification Number. The subject matter shall be governed by 40 C.F.R. 264.11, effective July 1, 2005.
Section 3. Required Notices. The subject matter shall be governed by 40 C.F.R. 264.12, effective July 1, 2005.
Section 4. General Waste Analysis. The subject matter shall be governed by 40 C.F.R. 264.13, effective July 1, 2005.
Section 5. Security. The subject matter shall be governed by 40 C.F.R. 264.14, effective July 1, 2005.
Section 6. General Inspection Requirements. The subject matter shall be governed by 40 C.F.R. 264.15, effective July 1, 2005.
Section 7. Personnel Training. The subject matter shall be governed by 40 C.F.R. 264.16, effective July 1, 2005.
Section 8. General Requirements for Ignitable, Reactive, or Incompatible Wastes. The subject matter shall be governed by 40 C.F.R. 264.17, effective July 1, 2005.
Section 9. Location Standards. (1) Seismic considerations. Portions of new facilities where treatment, storage, or disposal of hazardous waste will be conducted shall not be located within sixty-one (61) meters (approximately 200 feet) of a fault which had displacement in Holocene time.
(2) Flood plains.
(a) Except as provided in paragraph (c) of this subsection, a facility located in a 100-year flood plain shall be designed, constructed, operated, maintained, and refitted if necessary, to prevent washout of any hazardous waste and to protect the facility from inundation by waters of the 100-year flood plain throughout the active life of the facility, throughout the closure phase of the facility, and for disposal facilities only, throughout the postclosure phase. Facilities that have closed and removed all hazardous waste, waste constituents, contaminated soil, debris, or other material contaminated with hazardous constituents, shall not be required to protect the closed portion of the facility from washout of waste or inundation by waters of the 100-year flood. Prevention of washout and protection from inundation shall be accomplished by one (1) of the following:
1. Using a structure or device such as a dike or floodwall which has been designed to:
a. Provide adequate freeboard to prevent overtopping of the structure during a 100-year flood due to wind and wave action;
b. Provide sufficient structural integrity to prevent massive failure due to the force and erosive tendencies of the 100-year floodwaters; and
c. Accommodate other characteristics of the facility's location, such as special geologic or hydrological features, as necessary to accomplish the requirements of this subsection;
2. Providing procedures which will cause the waste to be removed safely, before floodwaters can reach the facility, to a location where the wastes will not be vulnerable to floodwaters; and
3. Demonstrating that alternate devices or measures, with the exception of covering the waste, will provide protection which meets the requirements of this paragraph.
(b) A person shall not be issued a permit to construct a new hazardous waste site or facility in the floodway.
(c) A person shall not be issued a permit to construct a new hazardous waste disposal site or facility in the 100-year flood plain or a seasonal high-water table.
(d) A hazardous waste site or facility shall not restrict the flow of the 100-year flood or reduce the temporary water storage capacity of the 100-year flood plain so as to pose a hazard to human life, wildlife, or land or water resources.
(3) Salt dome formations, salt bed formations, underground mines and caves. Noncontainerized or bulk liquid hazardous waste shall not be placed in any salt dome formation, salt bed formation, underground mine, or cave.
Section 10. Construction Quality Assurance Program. The subject matter shall be governed by 40 C.F.R. 264.19, effective July 1, 2005. . (Recodified from 401 KAR 2:063, Section 2, 3-1-83; Am. 10 Ky.R. 84; 541; eff. 12-2-83; 12 Ky.R. 738; eff. 2-4-86; 14 Ky.R. 1381; 1795; eff. 3-10-88; 17 Ky.R. 9-25-90; 19 Ky.R. 117; eff. 9-23-92; 20 Ky.R. 1142; 1893; eff. 2-10-94; 23 Ky.R. 581; eff. 3-12-97; 33 Ky.R. 2028; 3767; eff. 6-13-2007.)