401 KAR 35:070. Closure and postclosure (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 G

      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 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 standards for closure and postclosure of facilities qualifying for interim status.

 

      Section 1. Applicability. The subject matter shall be governed by 40 C.F.R. 265.110, effective July 1, 2005.

 

      Section 2. Closure Performance Standard. (1) Except as provided in subsection (2) of this section, the subject matter shall be governed by 40 C.F.R. 265.111, effective July 1, 2005.

      (2) An owner or operator shall close a facility in a manner that:

      (a) Meets the requirements of subsection (1) of this section;

      (b) Includes any corrective action necessary to bringing the facility into compliance with the applicable facility standards contained in 401 KAR 34:060, Section 12, and 401 KAR 34:287; and

      (c) Complies with KRS 224.46-520(8), requiring sites and facilities to be maintained in operational condition.

 

      Section 3. Closure Plan; Amendment of Plan. (1) The subject matter shall be governed by 40 C.F.R. 265.112, effective July 1, 2005.

      (2) The citation to Section 3008 of RCRA in the federal regulation referenced in subsection (1) of this section shall be replaced with KRS 224.10-100, 224.10-420, 224.46-530, or 224.99-010.

 

      Section 4. Closure; Time Allowed for Closure. (1) Except as provided in subsection (2) to (4) of this section, the subject matter shall be governed by 40 C.F.R. 265.113, effective July 1, 2005.

      (2) The citation to Section 3019 of RCRA in the federal regulation referenced in subsection (1) of this section shall be replaced with 401 KAR 38:070, Section 9.

      (3) The citation to 42 U.S.C. 3004(o)(1) and 3005(j)(1) or 42 U.S.C. 3004(o)(2) or (3) or 3005(j) (2), (3), (4) or (13) in the federal regulation referenced in subsection (1) of this section shall be replaced with 401 KAR 35:200.

      (4) If a release that is a statistically significant increase (or decrease in the case of pH) in hazardous constituents over background levels is detected in accordance with the requirements in 401 KAR 35:060, the owner or operator of the unit shall comply with the reporting requirements of KRS 224.01-400, if applicable.

 

      Section 5. Disposal or Decontamination of Equipment, Structures and Soils. The subject matter shall be governed by 40 C.F.R. 265.114, effective July 1, 2005.

 

      Section 6. Certification of Closure. The subject matter shall be governed by 40 C.F.R. 265.115, effective July 1, 2005.

 

      Section 7. Survey Plat. The subject matter shall be governed by 40 C.F.R. 265.116, effective July 1, 2005.

 

      Section 8. Postclosure Care and Use of Property. (1) The subject matter shall be governed by 40 C.F.R. 265.117, effective July 1, 2005.

      (2) Any decision to shorten the postclosure care period, as specified in 40 C.F.R. 265.117(a)(2)(i), shall also be made in accordance with KRS 224.46-520(4).

 

      Section 9. Postclosure Plan; Amendment of Plan. (1) The subject matter shall be governed by 40 C.F.R. 265.118, effective July 1, 2005.

      (2) The citation to section 3008 of RCRA in the federal regulation referenced in subsection (1) of this section shall be replaced with KRS Chapter 224.

      (3) In addition to the requirements to shorten the postclosure monitoring and maintenance of a permitted facility in subsection (1) of this section, the requirements of KRS 224.46-520(4) shall also be applicable.

 

      Section 10. Postclosure Notices. (1) The subject matter shall be governed by 40 C.F.R. 265.119, effective July 1, 2005.

      (2) The reference in 40 C.F.R. 265.119 to 40 C.F.R. Subpart G is incorrect. The reference shall be to 40 C.F.R. 265 Subpart G.

 

      Section 11. Certification of Completion of Postclosure Care. The subject matter shall be governed by 40 C.F.R. 265.120, effective July 1, 2005.

 

      Section 12. Postclosure requirements for facilities that obtain enforceable documents in lieu of postclosure permits. The subject matter shall be governed by 40 C.F.R. 265.121, effective July 1, 2005. (10 Ky.R. 213; eff. 12-2-83; Am. 12 Ky.R. 810; eff. 2-4-86; 14 Ky.R. 1437; 1823; eff. 3-10-88; 15 Ky.R. 351; eff. 10-26-88; 19 Ky.R. 149; eff. 9-23-92; 20 Ky.R. 1215; 1960; eff. 2-10-94; 23 Ky.R. 694; eff. 3-12-97; 33 Ky.R. 2432; 3873; eff. 6-13-2007.)