401 KAR 35:050. Manifest system, recordkeeping and reporting (Interim Status).

 

      RELATES TO: KRS Subchapters 224.01, 224.10, 224.40, 224.43, 224.46, 224.50, 224.99, 40 C.F.R. 265 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, and to establish minimum standards for closure for all facilities and the postclosure monitoring and maintenance of hazardous waste disposal facilities. This administrative regulation establishes the manifest system, recordkeeping, and reporting requirements for facilities that qualify for interim status. This administrative regulation is equivalent to federal standards established in 40 C.F.R. 265 Subpart E except for Sections 6 and 8 of this administrative regulation, which require annual reporting to track transportation of manifested hazardous waste in compliance with KRS Subchapter 224.46.

 

      Section 1. Applicability. The subject matter shall be governed by 40 C.F.R. 265.70, effective July 1, 2005.

 

      Section 2. Use of Manifest System. The subject matter shall be governed by 40 C.F.R. 265.71, effective July 1, 2005.

 

      Section 3. Manifest Discrepancies. The subject matter shall be governed by 40 C.F.R. 265.72, effective July 1, 2005.

 

      Section 4. Operating Record. The subject matter shall be governed by 40 C.F.R. 265.73, effective July 1, 2005.

 

      Section 5. Availability, Retention, and Disposition of Records. The subject matter shall be governed by 40 C.F.R. 265.74, effective July 1, 2005.

 

      Section 6. Annual Report. 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. The Hazardous Waste Annual Report shall cover site or facility activities during the previous calendar year.

 

      Section 7. Unmanifested Waste Report. The subject matter shall be governed by 40 C.F.R. 265.76, 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 35:040, Section 7;

      (2) Groundwater contamination and monitoring data as specified in 401 KAR 35:060, Sections 4 and 5;

      (3) Facility closure as specified in 401 KAR 35:070; and

      (4) As otherwise required by 401 KAR 35:275, 401 KAR 35:280, 401 KAR 35:281, and 401 KAR 35:290. (10 Ky.R. 209; Am. 575; eff. 12-2-83; 12 Ky.R. 807; eff. 2-4-86; 14 Ky.R. 1433; 1821; eff. 3-10-88; 19 Ky.R. 146; eff. 9-23-92; 20 Ky.R. 1205; 1955; eff. 2-10-94; 23 Ky.R. 687; 2065; eff. 3-12-97; 33 Ky.R. 2425; 3868; eff. 6-13-2007.)