401 KAR 38:030. Conditions applicable to all permits.
RELATES TO: KRS Subchapters 224.10, 224.40, 224.46, 224.99, 40 C.F.R. 270 Subpart C
STATUTORY AUTHORITY: KRS 224.10-100, 224.46-520
NECESSITY, FUNCTION, AND CONFORMITY: KRS 224.46-520 requires the Environmental and Public Protection Cabinet to promulgate administrative regulations for permitting of persons who treat, store, recycle, or dispose of hazardous waste. This administrative regulation establishes the conditions applicable to all waste permits required by KRS 224.46-520. This administrative regulation differs from the corresponding federal regulations by requiring compliance with the statutory provision for immediate reporting as established in KRS 224.01-400 as opposed to the twenty-four (24) hour timeframe as established in 40 C.F.R. 270(30)(l)(6).
Section 1. Conditions Applicable to All Permits. (1) Except as provided in subsections (2) to (4) of this section, the subject matter shall be governed by 40 C.F.R. 270.30 except 270.30(l)(6), (l)(9), and (m), effective July 1, 2005.
(2) An annual report shall be submitted covering facility activities during the previous calendar year as required by 401 KAR 34:050, Section 6.
(3) The cabinet may require the permittee to establish and maintain an information repository, based on the factors established in 401 KAR 38:050, Section 16(2). The information repository shall be governed by the requirements in 401 KAR 38:050, Section 16(3) through (6).
(4) All permits issued by the cabinet shall be subject to any future statutory or regulatory changes whose purpose is the protection of the health and welfare of the citizens of the Commonwealth or their environment.
(5) Immediate reporting.
(a) The permittee shall report any noncompliance which may endanger health or the environment. Any information shall be provided orally within two (2) hours from the time the permittee becomes aware of the circumstances. A written submission shall also be provided within five (5) days of the time the permittee becomes aware of the circumstances.
(b) The written submission shall contain:
1. A description of the noncompliance and its cause;
2. The period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and
3. Steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance.
(c) The following shall be included as information which shall be reported orally within two (2) hours:
1. Information concerning release of any hazardous waste that may cause an endangerment to public drinking water supplies, including both surface water and groundwater used for public drinking water supply;
2. Any information of a release or discharge of hazardous waste, or of a fire or explosion from a hazardous waste site or facility, which could threaten the environment or human health outside the facility.
(d) The description of the occurrence and its cause shall include:
1. The name, address, and telephone number of the owner or operator;
2. The name, address, and telephone number of the facility;
3. The date, time and type of incident;
4. The name and quantity of each material involved;
5. The extent of injuries, if any;
6. An assessment of actual or potential hazards to the environment and human health outside the facility, if applicable; and
7. The estimated quantity and disposition of recovered material that resulted from the incident.
(e) The cabinet may waive the five (5) day written notice requirement in favor of a written report within fifteen (15) days.
Section 2. Requirements for Recording and Reporting of Monitoring Results. The subject matter shall be governed by 40 C.F.R. 270.31, effective July 1, 2005.
Section 3. Establishing Permit Conditions. (1) The subject matter shall be governed by 40 C.F.R. 270.32, effective July 1, 2005.
(2) The citation to Section 3005 of RCRA in the federal regulation referenced in subsection (1) of this section shall be replaced with KRS 224.46-530.
(3) The citation to "the act" in the federal regulation referenced in subsection (1) of this section shall be replaced with KRS Chapter 224.
Section 4. Schedules of Compliance. The subject matter shall be governed by 40 C.F.R. 270.33, effective July 1, 2005. (Recodified from 401 KAR 2:060, Section 7, 3-1-83; Am. 9 Ky.R. 993; eff. 3-1-83; 10 Ky.R. 138; 595; eff. 12-2-83; 12 Ky.R. 833; eff. 2-4-86; 14 Ky.R. 1485; eff. 3-10-88; 23 Ky.R. 934; eff. 3-12-97; 33 Ky.R. 2671; 4079; eff. 6-13-2007.)