reglab/statecodes huggingface dataset:
Kentucky Administrative Regulations › Title 401 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR ENVIRONMENTAL PROTECTION › Chapter 11 - Certified Operators › Section 401 KAR 11:010 - Boards of certification

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 223.160-220,
				224.73-110,
				EO 2009-538
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				224.10-110 authorizes the cabinet to
				promulgate administrative regulations concerning the board of certification of
				wastewater system operators and the certification of wastewater operators. KRS
				223.160-220 authorizes the cabinet to promulgate administrative regulations
				concerning the board of certification for water treatment and distribution
				operators and the certification of water treatment and distribution system
				operators. EO 2009-538, effective June 12, 2009, establishes the new Energy and
				Environment Cabinet. This administrative regulation establishes the duties of
				the Kentucky Board of Certification of Wastewater System Operators and the
				Kentucky Board of Certification of Water Treatment and Distribution System
				Operators.
Section 1. Duties of the
			 Board. The board shall:
(1) Evaluate the
			 qualifications of applicants and recommend qualified applicants to the cabinet
			 for certification examination;
(2)
			 Review and provide comments to the cabinet on proposed administrative
			 regulations regarding operator certification;
(3) Review and make recommendations to the
			 cabinet on core content for certification examinations and continuing education
			 training for certification renewal;
(4) Review and make recommendations to the
			 cabinet on training proposed to provide continuing education to certified
			 operators. During the evaluation of training courses and seminars, the board
			 shall consider:
(a) The consistency of
			 training material with the core content;
(b) The ability of the training to provide
			 information that supports effective water conveyance, treatment, and quality;
			 and
(c) The ability of the
			 instructor to properly present the training;
(5) Assist the cabinet in drafting
			 examinations for the certification of operators;
(6) Review and provide comments to the
			 cabinet on proposed fees for the training and certification of
			 operators;
(7) Review applications
			 for reciprocity and recommend to the cabinet the acceptance or denial of the
			 application based on the criteria established in
			 401 KAR
			 11:050, Section 1(8); and
(8) Review evidence and advise the cabinet
			 regarding disciplinary actions for certified operators who fail to comply with
			 KRS Chapters 223 and 224 or 401 KAR Chapter 5, 8, or 11.
Kentucky Administrative Regulations › Title 401 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR ENVIRONMENTAL PROTECTION › Chapter 11 - Certified Operators › Section 401 KAR 11:020 - Standards of professional conduct for certified operators

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 223.160-220,
				224.73-110,
				EO 2009-538
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				224.10-110 authorizes the cabinet to
				promulgate administrative regulations concerning the certification of water and
				wastewater operators. EO 2009-538, effective June 12, 2009, establishes the new
				Energy and Environment Cabinet. This administrative regulation establishes
				standards for the performance of certified water and wastewater operator
				duties.
Section 1. Standards of
			 Professional Conduct.
(1) In order to
			 safeguard the life, health, and welfare of the public and the environment and
			 to establish and maintain a high standard of integrity in the certified
			 operator profession, the following standards of professional conduct apply to
			 persons certified in accordance with 401 KAR Chapter 11:
(a) A certified operator shall, during the
			 performance of operational duties, protect the safety, health, and welfare of
			 the public and the environment;
(b)
			 A certified operator shall use reasonable care and judgment in the performance
			 of operational duties;
(c) If a
			 certified operator's judgment is overruled by an employer under circumstances
			 in which the safety, health, and welfare of the public or the environment are
			 endangered, the certified operator shall inform the employer of the possible
			 consequences;
(d) A certified
			 operator shall be objective, truthful, and complete in applications, reports,
			 statements, and testimony provided to the cabinet; and
(e) A certified operator shall ensure the
			 integrity of the samples that the operator collects, prepares, or analyzes so
			 that results shall be a true representation of water
			 quality.
Kentucky Administrative Regulations › Title 401 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR ENVIRONMENTAL PROTECTION › Chapter 11 - Certified Operators › Section 401 KAR 11:030 - Wastewater treatment and collection operators-classification and qualification

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				224.73-110
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				224.73-110 requires a person operating a
				public or private sewage system to possess necessary skills, pass an
				examination, and hold a certificate issued by the cabinet unless the person is
				operating a sewage system located at the residence where the person lives and
				the sewage system serves only one (1) residence.
				KRS
				224.10-110 requires the cabinet to establish
				programs and enforce cabinet administrative regulations for the certification
				of sewage system operators. This administrative regulation establishes
				classifications and qualifications for wastewater treatment and collection
				operator certifications.
Section 1.
			 Classification of Wastewater Operator Certifications.
(1) Wastewater treatment certifications.
(a) Limited certification. An operator issued
			 a limited certificate may have primary responsibility for a school wastewater
			 treatment plant and collection system as established in
			 KRS
			 224.73-110(5).
(b) Class I Treatment certification. A Class
			 I treatment operator:
1. May have primary
			 responsibility for a wastewater treatment plant with a design capacity less
			 than or equal to 50,000 gallons per day; and
2. Shall not have primary responsibility for
			 a wastewater treatment plant with a larger design capacity as established in
			 401
			 KAR 5:010.
(c) Class II Treatment certification. A Class
			 II Treatment operator:
1. May have primary
			 responsibility for a wastewater treatment plant with a design capacity less
			 than or equal to two (2) million gallons per day; and
2. Shall not have primary responsibility for
			 a wastewater treatment plant with a larger design capacity as established in
			 401
			 KAR 5:010.
(d) Class III Treatment certification. A
			 Class III Treatment operator:
1. May have
			 primary responsibility for a wastewater treatment plant with a design capacity
			 less than or equal to seven and one-half (7 1/2) million gallons per day;
			 and
2. Shall not have primary
			 responsibility for a wastewater treatment plant with a larger design capacity
			 as established in
			 401
			 KAR 5:010.
(e) Class IV Treatment certification. A Class
			 IV Treatment operator may have primary responsibility for a wastewater
			 treatment plant of any design capacity.
Kentucky Administrative Regulations › Title 401 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR ENVIRONMENTAL PROTECTION › Chapter 11 - Certified Operators › Section 401 KAR 11:050 - Operator and training provider certification

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				223.160 - 223.220, 224.10-420(2),
				224.73-110
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				224.10-110 authorizes the cabinet to
				promulgate administrative regulations concerning the certification of water and
				wastewater operators.
				KRS
				223.160 through
				223.220
				authorizes the cabinet to establish qualifications and examinations and
				establish fees for certification of water plant operators.
				KRS
				224.73-110 authorizes the cabinet to
				promulgate administrative regulations for the certification of wastewater
				operators. This administrative regulation establishes application and
				examination procedures, provisions relating to certificate issuance, renewal,
				and termination; reciprocity; equivalency; training; and disciplinary actions
				for water and wastewater operators. This administrative regulation also
				establishes requirements for the certification of operator training
				providers.
Section 1. Application and
			 Examination for Certification.
(1) An
			 individual desiring to become a certified operator shall:
(a) Meet the education and experience
			 requirements established in
			 401
			 KAR 11:030 or
			 401
			 KAR 11:040; and
(b) Achieve a minimum passing score of
			 seventy (70) percent on an examination administered by the
			 cabinet.
Kentucky Administrative Regulations › Title 401 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR ENVIRONMENTAL PROTECTION › Chapter 11 - Certified Operators › Section 401 KAR 11:060 - Operator and training provider certification fees

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				223.160 - 223.220, 224.10-110, 224.73-110
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				223.160 through
				223.220
				authorizes the cabinet to promulgate administrative regulations and establish
				fees for the certification of water operators.
				KRS
				224.73-110 authorizes the cabinet to
				promulgate administrative regulations and establish fees for the certification
				of wastewater operators. This administrative regulation establishes a fee
				schedule for water and wastewater operator certification and for training of
				operators that is provided or approved by the cabinet.
Section 1. Operator Certification Fees.
(1) Fees for certification of water and
			 wastewater operators shall be as established in this subsection.
(a) Certification application fee:
			 $250.
(b) Renewal application fee:
			 $200.
(c) Renewal late fee:
			 $250.
(d) Reciprocity and
			 equivalency fee: $500.
(e) Inactive
			 fee: $100.
Kentucky Administrative Regulations › Title 401 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR ENVIRONMENTAL PROTECTION › Chapter 30 - Waste Management; General Administrative Procedures › Section 401 KAR 30:020 - General provisions

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS Subchapters 224.10, 224.43, 224.99, 40 C.F.R.
				260 Subpart A
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				224.10-100 and the waste management
				provisions of KRS Chapter 224 require the Environmental and Public Protection
				Cabinet to promulgate administrative regulations for the generation, treatment,
				storage, recycling and disposal of hazardous wastes and the disposal of solid
				wastes. This administrative regulation establishes general provisions which
				apply to the waste management administrative regulations with regard to
				applicability, scope, exceptions, variances, general prohibitions,
				compatibility, conflicting provisions, severabil-ity, availability and
				confidentiality of information.
Section
			 1. Applicability. The waste management administrative regulations
			 established in 401 KAR Chapters 31 to 49 shall apply to the disposal of solid
			 waste and the management of all liquid, semisolid, solid, or gaseous waste
			 defined or identified as hazardous in KRS Chapter 224 or the appropriate
			 administrative regulations by all persons and state and federal agencies who
			 engage in the generation, treatment, storage, or disposal of wastes, including
			 hazardous substances spilled into the environment, that meet the criteria of
			 hazardous waste.
Section 2.
			 Variance. Except as provided in 401 KAR Chapter 38, a variance shall be a
			 written waiver from any provision of the waste management administrative
			 regulations, upon the finding by the cabinet that the absence of the provision
			 shall provide adequate protection to health and the environment in a manner
			 consistent with the purpose of the waste management administrative regulations
			 and KRS Chapter 224.
(1) The cabinet may
			 grant a variance or permit modification from the requirements of the waste
			 management administrative regulations if a waste permit requirement, or the
			 process and equipment used, is determined by the cabinet to be either:
(a) Insignificant as a potential hazard to
			 public health or the environment because of its small quantity; low
			 concentration; physical, biological, or chemical characteristics; or method of
			 operation used; or
(b) Handled,
			 processed, or disposed of pursuant to administrative regulations of another
			 governmental agency, if the administrative regulations of other agencies meet
			 the requirements of the waste management administrative regulations, including
			 federal exemption rule-making actions pertaining to hazardous waste
			 management.
Kentucky Administrative Regulations › Title 401 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR ENVIRONMENTAL PROTECTION › Chapter 30 - Waste Management; General Administrative Procedures › Section 401 KAR 30:031 - Environmental performance standards

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 224.01, 224.10, 224.40, 224.43, 224.46, 224.50,
				224.70, 224.99,
				16
				U.S.C. 1531 et. seq.,
				33 U.S.C.
				1251 et. seq.
NECESSITY, FUNCTION, AND CONFORMITY: KRS Chapter 224 requires
				the cabinet to adopt administrative regulations for the treatment, storage,
				recycling and disposal of wastes.
				KRS
				224.40-305 requires that persons engaging in
				the treatment, storage, recycling and disposal of waste obtain a permit. This
				chapter establishes the general administrative procedures that are applicable
				to 401 KAR Chapters 31 to 49. This administrative regulation sets forth the
				minimum environmental performance standards with which all waste sites or
				facilities shall comply.
Section 1.
			 Purpose, Scope and Applicability. The standards in this administrative
			 regulation are for use under the waste management provisions of KRS Chapter 224
			 in determining which waste sites or facilities pose a reasonable probability of
			 adverse effects on human health or the environment. Waste sites or facilities
			 failing to satisfy the requirements of this administrative regulation shall be
			 considered open dumps, which are prohibited by
			 KRS
			 224.40-100. No owner or operator shall cause,
			 suffer, or allow a waste site or facility or any unit of a waste site or
			 facility to violate any provision of this administrative regulation.
Section 2. Floodplains. No waste site or
			 facility shall restrict the flow of the 100-year flood, reduce the temporary
			 water storage capacity of the floodplain, or be placed in a manner likely to
			 result in washout of waste, so as to pose a hazard to human health, wildlife,
			 or land or water resources.
Section
			 3. Endangered Species. No waste site or facility shall:
(1) Cause or contribute to the taking of any
			 endangered or threatened species or candidate species listed pursuant to
			 16
			 USC 1531 et seq. (the Endangered Species Act
			 of 1983 as amended); or
(2) Result
			 in the destruction or adverse modification of the critical habitat of an
			 endangered or threatened species or candidate species listed pursuant to
			 16
			 USC 1531 et seq. (the Endangered Species Act
			 of 1983 as amended).
Kentucky Administrative Regulations › Title 401 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR ENVIRONMENTAL PROTECTION › Chapter 30 - Waste Management; General Administrative Procedures › Section 401 KAR 30:040 - Transfer of regulatory responsibility

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS Subchapters 224.10, 224.40, 224.43
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				224.10-100 and the waste management
				provisions of KRS Chapter 224 require the Environmental and Public Protection
				Cabinet to promulgate administrative regulations for the management of solid
				and hazardous wastes. This administrative regulation transfers regulatory
				responsibility for coal mining solid waste to the Department for Natural
				Resources, Division of Mine Reclamation and Enforcement.
Section 1. Regulatory Authority. Mining waste
			 shall be a special waste pursuant to
			 KRS
			 224.50-760(1)(a). Coal
			 mining wastes as defined in
			 401 KAR
			 30:005 shall be regulated under KRS Chapter
			 350.
Section 2. Transfer of
			 Responsibility. The regulatory responsibility for coal mining waste disposal,
			 which is subject to waste management administrative regulations, shall be with
			 the Department for Natural Resources, Division of Mine Reclamation and
			 Enforcement at sites regulated under KRS Chapter 350. Coal mining waste may be
			 disposed of in the areas regulated under KRS Chapter 350 and shall be exempt
			 from the permit requirements in
			 401
			 KAR 47:100 if:
(1)
			 Hazardous waste is not placed, stored, treated, disposed or otherwise managed
			 under the provisions of this section; and
(2) The general requirements of KRS Chapter
			 224 are maintained.
Kentucky Administrative Regulations › Title 401 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR ENVIRONMENTAL PROTECTION › Chapter 39 - Hazardous Waste › Section 401 KAR 39:060 - General requirements

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				61.870,
				61.884,
				224.1-400,
				224.10,
				224.40-310,
				224.46, 224.99, 40 C.F.R. Parts 124, 260, 261, 268, 270,
				42 U.S.C.
				2011 et seq.
NECESSITY, FUNCTION, AND CONFORMITY: KRS Chapter 224 authorizes
				the Energy and Environment Cabinet to promulgate administrative regulations for
				the generation, treatment, storage, recycling, and disposal of hazardous
				wastes.
				KRS
				224.46-510(3) and
				224.50-130
				require the cabinet to identify the characteristics of and to list hazardous
				wastes.
				KRS
				224.46-505 and
				224.46-520
				authorize the cabinet to control land disposal of hazardous waste to be
				protective of human health and the environment.
				KRS
				224.46-520 requires that persons engaging in
				the treatment, storage, disposal, and recycling of hazardous waste obtain a
				permit, and 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. This administrative regulation establishes the
				general requirements for hazardous waste management systems.
Section 1. Applicability. This administrative
			 regulation shall apply to a person, state, or federal agency that engages in
			 the generation, treatment, storage, disposal, transportation, or management of
			 waste defined or identified as hazardous in KRS Chapter 224 or 401 KAR Chapter
			 39, including hazardous substances spilled into the environment that meet the
			 criteria of hazardous waste.
Section
			 2. Hazardous Waste Management System.
(1) Except as established in subsections (2)
			 through (6) of this section and Section 6 of this administrative regulation,
			 the requirements for hazardous waste management systems shall be as established
			 in 40 C.F.R. Part 260 , except:
(a)
										40 C.F.R.
			 260.34(a)(1) to
			 (3);
(b) 260.10; and
(c) The last sentence of
			 40 C.F.R.
			 260.34(a).
Kentucky Administrative Regulations › Title 401 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR ENVIRONMENTAL PROTECTION › Chapter 39 - Hazardous Waste › Section 401 KAR 39:120 - Permit review, determination timetables, and fees

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 224.1, 224.10, 224.40, 224.46, 224.50, 224.99,
				40 C.F.R. Part 270
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				224.10-100(20) authorizes
				the Energy and Environment Cabinet to promulgate an administrative regulation
				for a reasonable schedule of fees for the cost of processing applications for
				permits, exemptions, and partial exemptions.
				KRS
				224.46-550 requires the cabinet to promulgate
				administrative regulations requiring the payment of reasonable fees for
				hazardous waste registration certificates and permits.
				KRS
				224.10-220 requires the cabinet to establish
				timetables for the review and determination of permit applications. This
				administrative regulation establishes timetables for the review and
				determination of hazardous waste permit applications and the fee schedule for
				hazardous waste management.
Section 1.
			 Applicability.
(1) This administrative
			 regulation shall apply to:
(a) An owner or
			 operator of a hazardous waste site or facility in Kentucky that submits an
			 application for:
1. A treatment, storage, or
			 disposal facility permit;
2. A
			 post-closure permit;
3. A permit
			 that contains exposure information reports for treatment, storage, or disposal
			 of hazardous waste in a surface impoundment or landfill;
4. An emergency permit;
5. A land treatment demonstration permit;
			 or
6. An emergency identification
			 number;
Kentucky Administrative Regulations › Title 401 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR ENVIRONMENTAL PROTECTION › Chapter 40 - Enforcement and Compliance Monitoring › Section 401 KAR 40:001 - Definitions related to 401 KAR Chapter 40

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 224.01, 224.10, 224.40, 224.43, 224.46, 224.50,
				224.99
NECESSITY, FUNCTION, AND CONFORMITY: This chapter establishes
				standards for enforcement and compliance monitoring of hazardous waste and
				solid waste management and practices. This administrative regulation defines
				essential terms that are used in this chapter.
Section 1. Definitions. Unless otherwise
			 specifically defined in KRS Chapter 224 or otherwise specifically indicated by
			 context, terms in 401 KAR Chapter 40 shall have the meanings given in this
			 Section.
(1) "Cabinet" shall have the meaning
			 specified in
			 KRS
			 224.01-010.
(2) "Contamination" means the degradation of
			 naturally occurring water, air, or soil quality either directly or indirectly
			 as a result of human activities.
(3) "Hazardous waste" shall have the meaning
			 specified in
			 KRS
			 224.01-010.
(4) "Operator" means any person responsible
			 for overall operation of an on-site or off-site waste facility, including any
			 private contractor conducting operational activities at a federal
			 facility.
(5) "Owner" means any
			 person who owns an on-site or off-site waste facility, or any part of a
			 facility.
(6) "Permittee" means any
			 person holding a valid permit issued by the cabinet to manage, treat, store, or
			 dispose of waste.
(7) "Person"
			 shall have the meaning specified in
			 KRS
			 224.01-010.
(8) "Secretary" shall have the meaning
			 specified in
			 KRS
			 224.01-010.
(9) "Solid waste" shall have the same meaning
			 as
			 KRS
			 224.01-010.
Kentucky Administrative Regulations › Title 401 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR ENVIRONMENTAL PROTECTION › Chapter 40 - Enforcement and Compliance Monitoring › Section 401 KAR 40:040 - Remedies

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 224.10, 224.46, 224.99
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				224.10-100 requires the cabinet to inspect
				any property or premises for the purpose of investigating either actual or
				suspected sources of pollution or contamination or for the purpose of
				ascertaining compliance or noncompliance with KRS Chapter 224 or the
				administrative regulations promulgated pursuant thereto.
				KRS 224.99-010 permits
				the cabinet to assess civil and criminal penalties against any person who fails
				to perform any duties imposed by KRS Chapter 224, the administrative
				regulations promulgated pursuant to KRS Chapter 224, or any determination or
				order of the cabinet. This chapter establishes standards for enforcement and
				compliance monitoring of hazardous waste and solid waste management and
				practices. The enforcement and compliance monitoring standards of this chapter
				are for those activities and hazardous waste and solid waste sites or
				facilities regulated pursuant to 401 KAR Chapters 30 through 47. This
				administrative regulation establishes remedies for solid waste and hazardous
				waste violations.
Section 1.
			 Modification, Suspension and Revocation of a Permit. The cabinet may modify,
			 suspend or revoke a permit issued under 401 KAR Chapters 30 through 47 for:
(1) Violation of any requirement of KRS
			 Chapter 224 or the respective administrative regulations promulgated pursuant
			 thereto.
(2) Aiding, abetting or
			 permitting the violation of any provisions of 401 KAR Chapters 30 through
			 47.
(3) Any action or omission
			 associated with maintenance and operation of the facility that could or does
			 create a threat to public health or the environment.
(4) Violations of a condition or a variance
			 of the hazardous waste site or facility permit or a solid waste site or
			 facility permit.
(5)
			 Misrepresentation or omission of a significant fact by the operator either in
			 the application for the permit or in information subsequently reported to the
			 cabinet.
(6) Failure to comply with
			 an order issued by the cabinet.
Kentucky Administrative Regulations › Title 401 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR ENVIRONMENTAL PROTECTION › Chapter 40 - Enforcement and Compliance Monitoring › Section 401 KAR 40:060 - County enforcement representative

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 224.01, 224.10, 224.18, 224.40, 224.43, 224.46,
				224.99
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				109.042 requires the cabinet to promulgate
				administrative regulations for local government inspection of solid waste
				landfills and enforcement procedures. This administrative regulation
				establishes the minimum requirements for appointment as a county enforcement
				representative, establishes standards for compliance monitoring and establishes
				reporting requirements.
Section 1.
			 Position Requirements. When a county or urban county government elects to
			 employ a county enforcement representative under the provisions of
			 KRS
			 109.042, the individual employed in the
			 position shall, at a minimum, meet the following requirements:
(1) The representative shall be a graduate of
			 a college or university with a bachelors degree including fifteen (15) semester
			 equivalent hours in the physical or biological sciences. Professional
			 experience in environmental management may substitute for the educational
			 requirements on a year-for-year basis.
(2) The individual appointed to the position
			 of county enforcement representative shall within one (1) year of appointment
			 complete the manager portion of the Kentucky Landfill Operator Certification
			 Program and successfully complete the certified landfill manager test as
			 outlined in
			 401 KAR
			 47:070.
Kentucky Administrative Regulations › Title 401 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR ENVIRONMENTAL PROTECTION › Chapter 42 - Underground Storage Tanks › Section 401 KAR 42:005 - Definitions for 401 KAR Chapter 42

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 224.1, 224.10, 224.60, 40 C.F.R. 280 Subpart A,
				42 U.S.C.
				6991 -
				6991m,
				9601-9675
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				224.10-100(5) requires the
				cabinet to develop and conduct programs that provide for the prevention,
				abatement, and control of contaminants that may threaten the environment.
				KRS
				224.60-105(2) requires the
				cabinet to regulate underground storage tanks by requiring registration,
				minimum construction and performance standards, leak detection, recordkeeping,
				release reporting, corrective action, closure, financial responsibility, and
				other requirements to protect human health and the environment.
				KRS
				224.60-105(3) requires the
				cabinet to establish a regulatory program that implements federal requirements
				for underground storage tank (UST) systems. This administrative regulation
				establishes definitions for 401 KAR Chapter 42.
Section 1. Definitions. Except as established
			 in this section, definitions for 401 KAR Chapter 42 shall be as established in
			 40
			 C.F.R. 280.12 and
			 280.250.
(1) "Analytical Testing":
(a) Means:
1. The techniques established in Test Methods
			 for Evaluating Solid Waste Physical/Chemical Methods, U.S. EPA Publication
			 SW-846 as referenced in
			 40 C.F.R.
			 260.11(c)(3); or
2. Cabinet-approved techniques based on best
			 management practices, including the required quality assurances and quality
			 controls used to identify the quantitative, chemical makeup of a sample;
			 and
Kentucky Administrative Regulations › Title 401 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR ENVIRONMENTAL PROTECTION › Chapter 42 - Underground Storage Tanks › Section 401 KAR 42:060 - UST system release and corrective action requirements

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 224.1,
				224.1-400(11),
				224.10, 224.40, 224.43, 224.46, 224.60, 40 C.F.R. 280, Subparts E, F, G, 40
				C.F.R. 281, Subpart D,
				42 U.S.C.
				6991-6991m
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				224.10-100 requires the cabinet to develop
				and conduct programs that provide for the prevention, abatement, and control of
				contaminants that may threaten the environment.
				KRS
				224.60-105 requires the cabinet to regulate
				underground storage tanks (USTs) by requiring registration, minimum
				construction and performance standards, leak detection, recordkeeping, release
				reporting, corrective action, closure, financial responsibility, and other
				requirements to protect public health and the environment.
				KRS
				224.60-105(3) requires the
				cabinet to establish a regulatory program that implements federal requirements
				for UST systems. This administrative regulation establishes the requirements
				for UST system release reporting, release response, permanent closure of UST
				systems, change in service of UST systems, site characterization, corrective
				action, and UST facility classification, including screening levels of a UST
				system containing petroleum.
Section
			 1. Reporting for Releases, Spills, and Overfills.
(1) Reporting of confirmed or suspected
			 releases shall be as established in
			 40 C.F.R.
			 280.50 and this section.
(2) Except as established in subsection (3)
			 of this section, reporting and cleanup requirements for spills and overfills
			 shall be as established in
			 40 C.F.R.
			 280.53.
(3) Confirmed releases, spills, and overfills
			 shall be reported immediately, in accordance with
			 KRS
			 224.1-400(11), to the
			 cabinet's 24-hour Environmental Emergency Response Team number at (800)
			 928-2380 or (502) 564-2380.
(4) An
			 unusual operating condition, or an unconfirmed UST system release, shall be
			 reported immediately as a suspected release to the cabinet's 24-hour
			 Environmental Emergency Response Team number at (800) 928-2380 or (502)
			 564-2380, unless:
(a) The UST system
			 equipment or component is found not to be releasing regulated substances to the
			 environment;
(b) Any defective UST
			 system equipment or component is immediately repaired or replaced;
			 and
(c) For secondarily contained
			 UST systems, any liquid in the interstitial space not used as part of the
			 interstitial monitoring method is immediately
			 removed.
Kentucky Administrative Regulations › Title 401 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR ENVIRONMENTAL PROTECTION › Chapter 42 - Underground Storage Tanks › Section 401 KAR 42:250 - Petroleum Storage Tank Environmental Assurance Fund reimbursement

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				61.878(1)(c),
				224.1-400,
				224.1-405,
				224.10-410,
				224.10-420,
				224.10-430,
				224.10-440,
				224.10-470,
				224.60-110,
				224.60-120,
				224.60-130,
				224.60-135,
				224.60-140,
				224.60-150,
				40 C.F.R.
				280, Subpart H
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				224.60-130(1)(a) through (e)
				requires the establishment of the procedures to administer the Petroleum
				Storage Tank Environmental Assurance Fund (PSTEAF).
				KRS
				224.10-100(28) authorizes
				the cabinet to promulgate administrative regulations not inconsistent with the
				provisions of law administered by the cabinet.
				KRS
				224.60-120(6) requires the
				cabinet to establish administrative regulations to implement the requirements
				for financial responsibility of petroleum storage tank owners or operators.
				This administrative regulation establishes procedures to administer the PSTEAF,
				payment for third-party claims, financial audits, eligible company and
				partnership certification, laboratory certification, and facility
				ranking.
Section 1. Applicability.
(1) This administrative regulation shall
			 establish the eligibility requirements and procedures for a petroleum storage
			 tank owner or operator to make application, become an eligible applicant, and
			 receive reimbursement from the cabinet for the cost of corrective action due to
			 a release from a petroleum storage tank.
(2) Federally owned facilities shall not be
			 eligible for reimbursement from the PSTEAF in accordance with
			 KRS
			 224.60-115(16).
(3) Eligible reimbursement shall be made in
			 accordance with the reimbursement administrative regulations in effect at the
			 time work was performed.
Kentucky Administrative Regulations › Title 401 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR ENVIRONMENTAL PROTECTION › Chapter 42 - Underground Storage Tanks › Section 401 KAR 42:330 - Small Owners Tank Removal Account

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				224.60-105,
				224.60-130(1)(a),
				(b), (j),
				224.60-140,
				224.60-150,
				40 C.F.R. 280 Subpart H
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				224.60-130(1)(j) requires
				the establishment of an account to reimburse small owners for the reasonable
				cost of permanent closure, and authorizes the cabinet to promulgate
				administrative regulations to establish this account. This administrative
				regulation establishes the eligibility requirements and rates for reimbursement
				from the Small Owners Tank Removal Account (SOTRA).
Section 1. Eligibility.
(1) To demonstrate eligibility, an owner
			 shall submit a completed UST Application for Assistance for SOTRA, DWM 4293. An
			 owner shall be eligible for reimbursement from this account if:
(a) The petroleum storage tank owner complies
			 with the financial eligibility criteria of $100,000 total income, or less,
			 averaged over the last five (5) years as documented by:
1. The applicant's signed federal income tax
			 returns for the last five (5) years, with the exception of Non-Profit Public
			 Service Corporations, eligible governmental bodies, and all other Non-Profit
			 entities, which shall provide tax exemption documentation and budgets for the
			 last five (5) years; or
2. If the
			 applicant is not required to file federal income tax returns, the applicant
			 shall submit in lieu of federal income tax returns:
a. Budget and tax exemption documentation; or
b. Other financial statements
			 sufficient to document income;
Kentucky Administrative Regulations › Title 401 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR ENVIRONMENTAL PROTECTION › Chapter 45 - Special Waste › Section 401 KAR 45:010 - Definitions for 401 KAR Chapter 45

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				224.1-010,
				224.50-760,
				224.50-765
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				224.10-100(28) authorizes
				the cabinet to promulgate administrative regulations that are consistent with
				the provisions of law administered by the cabinet.
				KRS
				224.40-305 requires persons who establish,
				construct, operate, maintain, or allow the use of a waste site or facility to
				obtain a permit, pursuant to administrative regulations promulgated by the
				cabinet. KRS
				224.50-760(1)(d) authorizes
				the cabinet to promulgate administrative regulations for the management of
				special wastes. This administrative regulation establishes definitions for 401
				KAR Chapter 45, concerning the management of special wastes and the training
				and certification of operators of special waste sites or facilities.
Section 1. Definitions.
(1) "Beneficial reuse":
(a) Means the use or reuse of special wastes
			 in a manner that complies with the environmental performance standards of
			 401 KAR 30:031 and all other
			 applicable requirements of 401 KAR Chapter 45; and
(b) Does not mean the use or reuse of
			 biosolids that are governed by the provisions of 401 KAR
			 45:105.
Kentucky Administrative Regulations › Title 401 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR ENVIRONMENTAL PROTECTION › Chapter 45 - Special Waste › Section 401 KAR 45:020 - Types of special waste permits

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 224.1, 224.10, 224.40, 224.46, 224.50, 224.70,
				224.99
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				224.50-760(1)(d) authorizes
				the cabinet to promulgate administrative regulations for the management special
				wastes. KRS
				224.40-305 requires persons who establish,
				construct, operate, maintain, or allow the use of a waste site or facility to
				obtain a permit. This administrative regulation establishes the classification
				of special waste sites or facilities for permitting.
Section 1. Overview. This administrative
			 regulation establishes the type of permit a person shall obtain prior to
			 engaging in the disposal or management of special waste.
Section 2. Permit Types. This section
			 establishes the types of special waste site or facility permits.
(1) Formal permit. A formal permitting
			 process shall be established that shall include the submittal of a complete
			 application, review of the application, and permit issuance or denial by the
			 cabinet. A formal permit shall be obtained by persons engaged in:
(a) Special waste landfill, which shall be a
			 category of waste site or facility designed and operated to accept for disposal
			 a limited number of special wastes that are characterizable. The administrative
			 and technical requirements for a special waste landfill shall be as established
			 in 401 KAR 45:030 and
			 401 KAR 45:110; and
(b) Landfarming and composting, which shall
			 be a category of special waste site or facility that landfarms or composts
			 special waste.
1. A special waste composting
			 site or facility that manages municipal wastewater treatment sludge shall be
			 classified as a Type A or Type B facility according to the metal concentrations
			 of the sludge and volume of sludge accepted at the site as established in
			 401 KAR 45:100, Section
			 2..]
2. Other special waste
			 landfarming or composting shall include the category of site or facility that
			 manages special waste, other than municipal wastewater treatment sludge, which
			 shall be classified as established in this administrative regulation and based
			 upon the source, chemical and physical characteristics of the waste, volume of
			 waste, and its potential for adverse impact on human health or the environment.
			 Other special waste landfarming or composting facilities shall be classified as
			 either a Type A or Type B facility in accordance with
			 401 KAR 45:100, Section
			 2.
3. Landfarming of biosolids, the
			 application to the land of sludges from the treatment of domestic sewage or
			 sewage sludge from a treatment facility, shall be managed in accordance with
			 401 KAR 45:105.
Kentucky Administrative Regulations › Title 401 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR ENVIRONMENTAL PROTECTION › Chapter 45 - Special Waste › Section 401 KAR 45:025 - Permit review and determination timetables

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 224.01, 224.10, 224.40, 224.50
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				224.50-760(1)(d) authorizes
				the cabinet to promulgate administrative regulations for the management,
				processing, and disposal of special wastes.
				KRS
				224.40-305 requires persons who establish,
				construct, operate, maintain, or allow the use of a waste site or facility to
				obtain a permit. KRS
				224.10-220 requires the cabinet to promulgate
				administrative regulations to establish timetables for the review and
				determination of permit applications. This administrative regulation
				establishes timetables for the review and determination of special waste permit
				applications and registrations but does not establish permitting timetables for
				biosolids from the treatment of domestic sewage or sewage sludge from a
				treatment facility pursuant to 401 KAR 45:105.
Section 1. Submittal of Permit Applications
			 and Registrations.
(1) The official date of
			 receipt for documents associated with a special permit application or
			 registration shall be the date the document is stamped received by the Division
			 of Waste Management.
(2) The
			 applicant or registrant shall submit all information required in the applicable
			 permit application.
Kentucky Administrative Regulations › Title 401 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR ENVIRONMENTAL PROTECTION › Chapter 45 - Special Waste › Section 401 KAR 45:030 - Obtaining a special waste site or facility permit

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				146.200 - 146.990, 224.1, 224.10, 224.40,
				224.50, 224.70, 224.99, Chapter 350,
				16 U.S.C.
				661 et seq., 1273 et seq., 1531 et seq., 50
				C.F.R. Part 402
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				224.50-760(1)(d) authorizes
				the cabinet to promulgate administrative regulations for the management,
				processing, and disposal of special wastes.
				KRS
				224.40-305 requires persons who establish,
				construct, operate, maintain, or allow the use of a waste site or facility to
				obtain a permit. This administrative regulation establishes the procedures for
				obtaining a permit for a special waste site or facility. This administrative
				regulation does not establish permitting or permit application standards for
				biosolids from the treatment of domestic sewage or sewage sludge from a
				treatment facility because those requirements are contained in 401 KAR
				45:105.
Section 1. The Objective and
			 Requirements of the Application for a Special Waste Formal Permit.
(1) All applicants for a special waste formal
			 permit shall submit an application, on the designated application form, that
			 contains all of the information required by this administrative regulation.
			 Engineering drawings, specifications, and studies shall be certified by a
			 professional engineer registered in Kentucky.
(2) The contents of the application shall be
			 accurate and complete before the cabinet makes a preliminary determination as
			 established in
			 401 KAR 45:050, Section 4, to
			 issue a special waste formal permit.
Kentucky Administrative Regulations › Title 401 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR ENVIRONMENTAL PROTECTION › Chapter 45 - Special Waste › Section 401 KAR 45:040 - Modification, transfer or revocation of special waste permits

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 224.1, 224.10, 224.40, 224.46, 224.50,
				224.99
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				224.50-760(1)(d) authorizes
				the cabinet to promulgate administrative regulations for the management,
				processing, or disposal of wastes.
				KRS
				224.40-305 requires persons who establish,
				construct, operate, maintain, or allow the use of a waste site or facility to
				obtain a permit. This administrative regulation establishes the requirements
				for modification, transfer, and revocation of special waste permits but does
				not establish standards for biosolids from the treatment of domestic sewage or
				sewage sludge from a treatment facility that are regulated pursuant to 401 KAR
				45:105.
Section 1. Modification of
			 Permits.
(1) A special waste site or facility
			 permit may be modified during its term. Modification shall be conducted in
			 accordance with this administrative regulation.
(a) If a permit is modified, only the
			 conditions that relate to the modification shall be reopened. A permit
			 modification shall comply with public notification requirements unless the
			 modification does not present a threat to human health and the
			 environment.
(b) An application to
			 modify a permit for a horizontal expansion beyond the permitted waste boundary
			 shall require a public notice in accordance with
			 401 KAR 45:050.
Kentucky Administrative Regulations › Title 401 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR ENVIRONMENTAL PROTECTION › Chapter 45 - Special Waste › Section 401 KAR 45:050 - Public information procedures for special waste site or facility permits

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 224.1, 224.10, 224.40, 224.46, 224.50,
				224.999
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				224.50-760(1)(d) authorizes
				the cabinet to promulgate administrative regulations for the management,
				processing, and disposal of wastes.
				KRS
				224.40-305 requires persons who establish,
				construct, operate, maintain, or allow the use of a waste site or facility to
				obtain a permit. This administrative regulation establishes public information
				procedures. This administrative regulation does not establish the public
				information procedures for biosolids from the treatment of domestic sewage or
				sewage sludge from a treatment facility.
Section
			 1. Applicability.
(1) Public
			 information procedures shall apply to applicants for:
(a) A new special waste landfill
			 permit;
(b) A permit for a
			 horizontal expansion of a special waste landfill;
(c) A Type A special waste landfarming or
			 composting site or facility permit;
(d) A research, development, and
			 demonstration permit;
(e) A
			 transfer of ownership of a site facility with a formal special waste permit
			 that originally required a public notice; and
(f) Approval of a new waste permit that
			 contains different chemical characteristics than the waste source previously
			 permitted.