RELATES TO: KRS 224.10, 224.40, 224.43,224.46, 224.99, 40 C.F.R. 265 Subpart H, EO 2008-507, 2008-531
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 post-closure monitoring and maintenance of hazardous waste disposal facilities. EO 2008-507 and 2008-531, effective June 16, 2008, abolish the Environmental and Public Protection Cabinet and establish the new Energy and Environment Cabinet. This administrative regulation establishes the general financial requirements for owners and operators of hazardous waste site and facilities that qualify for interim status.
Section 1. Financial Requirement Definitions. The definitions previously found in this section have been relocated to the definition administrative regulation for this chapter, which is 401 KAR 35:005.
Section 2. Applicability. (1) The requirements of 401 KAR 35:090, 401 KAR 35:120, and 401 KAR 35:130 apply to owners or operators of all hazardous waste sites or facilities, except as provided otherwise in this section or in 401 KAR 35:010, Section 1.
(2) The requirements of 401 KAR 35:100 and 35:110 apply only to owners and operators of:
(a) Disposal facilities;
(b) Tank systems that are required under 401 KAR 35:190, Section 5 to meet the requirements for landfills;
(c) Containment buildings that are required under 401 KAR 35:245, Section 3 to meet the requirements of landfills; and
(d) Drip pads that are required under 401 KAR 35:285, Section 6.
(3) States and the federal government are exempt from the requirements of Section 1 of this administrative regulation.
(4) The cabinet may replace all or part of the requirements of this administrative regulation applying to a regulated unit with alternative requirements for financial assurance established in the permit or in an enforceable document if the cabinet:
(a) Prescribes alternative requirements for the regulated unit under 401 KAR 35:060, Section1, or 401 KAR 35:070, Section 1;
(b) Determines that it is not necessary to apply the requirements of this administrative regulation because the alternative financial assurance requirements shall protect human health and the environment; and
(c) Provides for public notice and public comment in accordance with 401 KAR 38:050.
Section 3. General Financial Requirements. (1) This administrative regulation and 401 KAR 35:090 to 35:130, inclusively, contain the financial requirements to establish adequate financial responsibility for interim status facilities as required by KRS 224.46-520(3) for hazardous waste sites or facilities. A reference to this section is a citation of this administrative regulation and 401 KAR 35:090 to 35:130.
(2) Except as specifically provided in this administrative regulation and 401 KAR 35:090 to 35:130, no variance (401 KAR 30:020, Section 2) or other waivers of these financial requirements shall be granted by the cabinet. (10 Ky.R. 216; eff. 12-2-83; Am. 14 Ky.R. 1444; 1829; eff. 3-10-88; 20 Ky.R. 1222; eff. 2-10-94; 23 Ky.R. 701; eff. 3-12-97; 34 Ky.R. 2462; 35 Ky.R. 39; 269; eff. 8-21-08.)