Kentucky Administrative Regulations › Title 401 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR ENVIRONMENTAL PROTECTION › Chapter 47 - Solid Waste Facilities › Section 401 KAR 47:120 - Conditions applicable to all solid waste permits

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 224.01, 224.10, 224.40, 224.43, 224.70,
				224.99
NECESSITY, FUNCTION, AND CONFORMITY: KRS Chapter 224 requires
				the cabinet to adopt rules and administrative regulations for the management,
				processing or disposal of wastes.
				KRS
				224.40-305 requires that persons engaging in
				the management, processing and disposal of waste obtain a permit. This chapter
				establishes the permitting standards for solid waste sites or facilities, the
				standards applicable to all solid waste sites or facilities, and the standards
				for certification of operators. An overview of the permit program is found in
				Section 1 of
				401 KAR
				47:080. This administrative regulation sets forth the
				conditions applicable to all permits.
Section
			 1. Conditions Applicable to All Permits. All conditions applicable
			 to all permits shall be incorporated into the permits either expressly or by
			 reference.
(1) Duty to comply. The owner or
			 operator shall comply with all conditions of the permit. Any permit
			 noncompliance constitutes a violation of the appropriate Kentucky revised
			 statute and is grounds for enforcement action which may result in revocation,
			 modification or denial of a permit renewal application.
(2) Duty to reapply. If the owner or operator
			 wishes to continue an activity regulated by the permit after the expiration
			 date of the permit, the owner or operator shall apply for and obtain a new
			 permit.
(3) Duty to halt or reduce
			 activity. It shall not be a defense for an owner or operator in an enforcement
			 action to claim necessity to halt or reduce the permitted activity in order to
			 maintain compliance with the conditions of the permit. The owner or operator
			 shall comply with 401 KAR Chapters 47 and 48 before commencing
			 operations.
(4) Duty to mitigate.
			 In the event of noncompliance with the permit, the owner or operator shall take
			 all reasonable steps to minimize releases to the environment, and shall carry
			 out such measures as are reasonable to prevent significant adverse impacts on
			 human health and the environment.
(5) Proper operation and maintenance. The
			 owner or operator shall at all times properly operate and maintain all
			 facilities and systems of treatment and control which are installed or used by
			 the owner or operator to achieve compliance with the conditions of the permit.
			 Proper operation and maintenance includes effective performance, adequate
			 funding, adequate operator staffing and training, and process controls,
			 including appropriate quality assurance procedures.
(6) Permit actions. The permit may be
			 modified or revoked for cause. The filing of a request by the owner or operator
			 for a permit modification, revocation, or termination, or a notification of
			 planned changes or anticipated noncompliance, does not stay any permit
			 condition.
(7) Property rights. The
			 permit does not convey any property rights or any exclusive
			 privilege.
(8) Duty to provide
			 information. The owner or operator shall furnish the cabinet any information
			 which the cabinet shall reasonably require to determine whether cause exists
			 for modifying, revoking, or terminating the permit, or to determine compliance
			 with the permit or any provision of KRS Chapter 224 or 401 KAR Chapters 47 and
			 48. The owner or operator shall also furnish to the cabinet upon request copies
			 of records required to be kept by the permit.
(9) Inspection and entry. The owner or
			 operator shall allow the cabinet or its authorized representative to:
(a) Enter upon the owner's or operator's
			 premises where a regulated facility or activity is located or conducted, or
			 where records shall be kept under the conditions of the permit;
(b) Have access to and copy at reasonable
			 times any records that shall be kept under the conditions of the
			 permit;
(c) Inspect any facility's
			 equipment including monitoring and control equipment, practices, or operations
			 regulated or required under the permit; and
(d) Sample or monitor, for the purposes of
			 assuring permit compliance or determining compliance with any provision of KRS
			 Chapter 224 or 401 KAR Chapters 47 and 48, any substances or parameters at any
			 location.
(10) Signatory
			 requirement. All applications, reports, or information submitted to the cabinet
			 shall be signed and certified in accordance with
			 401 KAR
			 47:160, Section 6.
(11) Authorization to operate. For a new
			 solid waste site or facility, the owner or operator shall not commence storage,
			 treatment or disposal of solid waste; and for a facility undergoing a major
			 modification as stated in
			 401
			 KAR 47:130 the owner or operator shall not commence
			 storage, treatment or disposal of solid waste in the modified portion of the
			 facility until:
(a) The owner or operator has
			 submitted to the cabinet, by certified mail or hand delivery, a letter signed
			 by the owner or operator and a professional engineer registered in Kentucky
			 stating that the facility has been constructed or modified in compliance with
			 the permit; and
(b) The cabinet has
			 inspected the modified or newly constructed facility, issued any public notice
			 required in
			 401 KAR
			 47:140, and issued a solid waste permit or permit
			 modification.
(12)
			 Transfers. The permit is not transferable to any person without the prior
			 written approval of the cabinet. Any person seeking a transfer of a permit
			 shall file a transfer application on the forms prescribed by the cabinet. Upon
			 review and approval of the transfer application, the cabinet shall reissue the
			 permit to reflect the new ownership.
(13) Monitoring reports. Monitoring results
			 shall be reported at the intervals specified in the approved
			 application.
(14) Compliance
			 schedules. Reports of compliance or noncompliance with, or any progress reports
			 on, requirements contained in any compliance schedule of the permit shall be
			 submitted no later than fourteen (14) days following each scheduled
			 date.
(15) Annual and quarterly
			 reports. An annual or quarterly report shall be submitted covering facility
			 activities during the specified reporting period as required in the
			 permit.
(16) Other information.
			 Where the owner or operator fails to submit the required information in a
			 permit application, or submits incorrect information in a permit application or
			 in any report to the cabinet, he shall promptly submit such facts or correct
			 information.