KRS § 174.410 — KY Code / Title XV / Chapter 174 / Section 174.410
174.410 Administrative regulations and agreements with other cabinets
Status: in_force

174.410 Administrative regulations and agreements with other cabinets.

(1) The secretary shall be responsible for controlling and regulating the movement of

all radioactive materials and the intrastate transport of other hazardous materials

transported by all carrier modes within the Commonwealth.

(2) The secretary, in consultation with the secretary of the Energy and Environment

Cabinet and the secretary of the Cabinet for Health and Family Services, shall adopt

by reference or in entirety, the Federal Hazardous Materials Transportation

Regulations, 49 C.F.R. (1978), as amended, to effectively carry out the intent of

KRS 174.400 to 174.425.

(3) The cabinet and the Justice and Public Safety Cabinet shall cooperate with and

assist the Energy and Environment Cabinet in implementing and enforcing the

transportation provisions of any state hazardous waste regulations promulgated

pursuant to KRS Chapter 224. The specific nature and details of the assistance

effort shall be established by a formal cooperative agreement acceptable to the

cabinets, and all activities shall occur in accordance with the terms of the

agreement. The agreement shall address and include but not necessarily be limited

to the following items:

(a) As a part of routine and periodic transportation checks and inspections, ensure

that shipments of hazardous waste do not present a threat to the public or the

environment; are accompanied by the required hazardous waste manifest or

such other shipping or delivery documents as may be acceptable to the Energy

and Environment Cabinet; and comply with applicable shipping standards;

(b) Upon receipt of a written request from the secretary or general counsel of the

Energy and Environment Cabinet, actively conduct field investigations

relating to the illegal, improper, or unauthorized transport of hazardous waste

in the state. Such investigations may, at a minimum, include passive and

active surveillance, apprehension, and reporting, with the scope and extent of

each investigation to be previously agreed to by the involved cabinets;

(c) Compile and maintain such necessary records that may normally be required

to carry out the provisions of this subsection and shall for minor violations

report quarterly, and for major violations report weekly, to the Energy and

Environment Cabinet on the status of the interagency hazardous-waste

transportation monitoring and enforcement activity for irregularities or

violations;

(d) Provide any information, evidence, and other support, either in written form or

in the form of oral testimony during a legal proceeding or both, as may be

required by the Energy and Environment Cabinet to fully carry out its

statutory responsibility under the appropriate sections of KRS Chapter 224;

(e) The Energy and Environment Cabinet shall, unless specifically agreed

otherwise, have primary responsibility for initiating and conducting all legal

proceedings arising from the terms and provisions of this subsection; and

(f) The Energy and Environment Cabinet shall provide sufficient training,

technical assistance, and other support to the appropriate cabinets to prepare

representatives of the cabinets to adequately carry out the responsibilities set

forth in this subsection.