Kentucky Administrative Regulations › Title 401 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR ENVIRONMENTAL PROTECTION › Chapter 40 - Enforcement and Compliance Monitoring › Section 401 KAR 40:020 - Inspections

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. This chapter
				establishes standards for enforcement and compliance monitoring of hazardous
				waste. The enforcement and compliance monitoring standards of this chapter are
				for those activities and hazardous waste sites or facilities regulated pursuant
				to 401 KAR Chapters 30 through 47. This administrative regulation establishes
				standards for inspections and notification of deficiencies.
Section 1. Inspections. In accordance with
			 the provisions of this chapter, the cabinet shall conduct or cause to be
			 conducted such inspections, studies, investigations or other determinations as
			 it deems reasonable and necessary to obtain information and evidence with which
			 to ensure that solid waste and hazardous waste sites or facilities are
			 conducted in accordance with the provisions of KRS Chapter 224, 401 KAR
			 Chapters 30 through 47, and all terms and conditions of any permit.
(1) The secretary or any duly authorized
			 representative of the cabinet upon presentation of proper identification and
			 authority may:
(a) Enter any premises
			 registered to generate hazardous waste, any permitted hazardous waste facility,
			 any permitted solid waste facility or any premises or facility that the cabinet
			 has reasonable cause to believe is generating hazardous waste or constitutes an
			 unpermitted solid or hazardous waste facility, inspect the premises, and gather
			 evidence on existing conditions and procedures;
(b) Obtain from any permittee, or from any
			 permitted or unpermitted premises, representative samples of waste or any
			 material believed to be polluting or contaminating the environment;
(c) Conduct tests, analyses and evaluations
			 to determine whether the requirements of the waste management administrative
			 regulations and KRS Chapter 224 are being met;
(d) Obtain samples of any containers and
			 photographs or facsimiles of container labels;
(e) In the event that any samples are
			 obtained prior to leaving the premises, a receipt describing the samples
			 obtained shall be given to the owner, operator, or agency in charge and if
			 requested, a portion of each such sample equal in volume or weight to the
			 portion retained. A copy of the results shall be furnished to the owner,
			 operator or agency in charge if an analysis is made.
(f) Inspect and copy any pertinent records,
			 reports, information or test results relating to the requirements of 401 KAR
			 Chapters 30 through 47;
(g)
			 Question any person found on the premises, including employees or agents of the
			 owner, operator or agency in charge of the premises, concerning their duties,
			 responsibilities, past activities or any other matter relating to the
			 requirements of 401 KAR Chapters 30 through 47; and
(h) Enter and inspect any other premises in
			 accordance with the requirements of
			 KRS
			 224.033(10).