401 KAR 35:285. Drip pads (Interim Status).

 

      RELATES TO: KRS Subchapters 224.10, 224.40, 224.46, 224.99, 40 C.F.R. 265 Subpart W

      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 minimum standards for drip pads qualifying for interim status.

 

      Section 1. Applicability. (1) The subject matter shall be governed by 40 C.F.R. 265.440, effective July 1, 2005.

      (2) The following provisions shall apply in lieu of 40 C.F.R. 265.440(c)(1)(iv): Manage the contaminated media in a manner consistent with KRS Chapter 224 and 401 KAR Chapters 30 through 49.

 

      Section 2. Assessment of Existing Drip Pad Integrity. The subject matter shall be governed by 40 C.F.R. 265.441, effective July 1, 2005.

 

      Section 3. Design and Installation of New Drip Pads. The subject matter shall be governed by 40 C.F.R. 265.442, effective July 1, 2005.

 

      Section 4. Design and Operating Requirements. (1) The subject matter shall be governed by 40 C.F.R. 265.443, effective July 1, 2005.

      (2) In addition to the requirements in subsection (1) of this section, if the owner or operator detects a condition that may have caused or has caused a release of hazardous waste, the condition shall be repaired within a reasonably prompt period of time following discovery, in accordance with KRS 224.01-400.

 

      Section 5. Inspections. The subject matter shall be governed by 40 C.F.R. 265.444, effective July 1, 2005.

 

      Section 6. Closure. The subject matter shall be governed by 40 C.F.R. 265.445, effective July 1, 2005.

 

      Section 7. Effective Dates. (1) Dates included in the federal regulations referenced in this administrative regulation that occurred before the effective date of this administrative regulation shall not be construed as creating a retroactive right or obligation under the Kentucky hazardous waste administrative regulations if that right or obligation did not exist in this administrative regulation prior to the date the federal regulations were referenced.

      (2) If a right or obligation existed under federal regulations based on a date in federal regulations, and there is a period from the dated cited in the text until the date the requirements initially became effective in this administrative regulation, this administrative regulation shall not contravene or countermand the legal application of the federal regulation for that period. (20 Ky.R. 1463; Am. 2001; eff. 2-10-94; 33 Ky.R. 2501; 3926; eff. 6-13-2007.)