401 KAR 34:050. Manifest system, recordkeeping and reporting.

 

      RELATES TO: KRS Subchapters 224.01, 224.10, 224.40, 224.43, 224.46, 224.70, 224.99, 40 C.F.R. 264 Subpart E

      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 manifest system, recordkeeping, and reporting requirements for hazardous waste facilities.

 

      Section 1. Applicability. The subject matter shall be governed by 40 C.F.R. 264.70, effective July 1, 2005.

 

      Section 2. Use of the Manifest System. The subject matter shall be governed by 40 C.F.R. 264.71, effective July 1, 2005.

 

      Section 3. Manifest Discrepancies. The subject matter shall be governed by 40 C.F.R. 264.72, effective July 1, 2005.

 

      Section 4. Operating Record. The subject matter shall be governed by 40 C.F.R. 264.73, effective July 1, 2005.

 

      Section 5. Availability, Retention, and Disposition of Records. The subject matter shall be governed by 40 C.F.R. 264.74, effective July 1, 2005.

 

      Section 6. Annual Report. (1) The owner or operator shall prepare and submit a single copy of the "Hazardous Waste Annual Report," DEP Form 7072, incorporated by reference in 401 KAR 32:040, Section 7, to the cabinet by March 1 of each year.

      (2) The Hazardous Waste Annual Report shall cover facility activities during the previous calendar year.

 

      Section 7. Unmanifested Waste Report. The subject matter shall be governed by 40 C.F.R. 264.76, effective September 6, 2005.

 

      Section 8. Additional Reports. In addition to submitting the annual report and unmanifested waste reports required by Sections 6 and 7 of this administrative regulation, the owner or operator shall also report to the cabinet:

      (1) Releases, fires, and explosions as specified in 401 KAR 34:040, Section 7;

      (2) Facility closure as specified in 401 KAR 34:070, Section 6; and

      (3) As otherwise required by 401 KAR 34:060, 34:200, 34:210, 34:220, 34:230, 34:275, 34:280, and 34:281. (Recodified from 401 KAR 2:063, Section 5, 3-1-83; Am. 9 Ky.R. 993; eff. 3-1-83; 10 Ky.R. 87; eff. 12-2-83; 12 Ky.R. 746; eff. 2-4-86; 14 Ky.R. 1386; 1798; eff. 3-10-88; 17 Ky.R. 292; eff. 9-25-90; 19 Ky.R. 120; eff. 9-23-92; 20 Ky.R. 1146; eff. 2-10-94; 23 Ky.R. 586; eff. 3-12-97; 33 Ky.R. 2037; 3774; eff. 6-13-2007.)