Kentucky Administrative Regulations › Title 401 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR ENVIRONMENTAL PROTECTION › Chapter 45 - Special Waste › Section 401 KAR 45:140 - Conditions applicable to all 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 conditions
				applicable to all special waste permits.
Section
			 1. Conditions Applicable to All Permits. The conditions applicable
			 to a special waste site or facility shall be incorporated into the permit
			 either expressly or by reference.
(1) Duty to
			 comply. The owner or operator shall comply with all conditions of the permit
			 and all approved plans in the permit application. Any permit noncompliance
			 shall constitute a violation of the appropriate requirement in KRS Chapter 224
			 and shall be grounds for enforcement action that may result in revocation,
			 modification, or denial of a permit 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, then 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 Chapter 45 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 measures
			 that are reasonable to prevent additional releases or other noncompliances with
			 401 KAR Chapter 45 and
			 KRS
			 224.50-760.
(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 that are installed or used by
			 the owner or operator to achieve compliance with the conditions of the permit.
			 Proper operation and maintenance shall include:
(a) Effective performance;
(b) Adequate funding;
(c) Adequate operator staffing and training;
			 and
(d) Process controls, including
			 appropriate quality assurance procedures.
(6) Permit actions. The permit may be
			 modified or revoked due to noncompliance with the provisions of 401 KAR Chapter
			 45 or KRS
			 224.50-760. 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, shall not stay
			 any permit condition.
(7) Property
			 rights. The permit shall not convey any property rights or any exclusive
			 privilege.
(8) Duty to provide
			 information. The owner or operator shall provide the cabinet with information
			 that the cabinet reasonably requests to determine if cause exists for
			 modifying, revoking, or terminating the permit, or to determine compliance with
			 the permit or 401 KAR Chapter 45. The owner or operator shall submit to the
			 cabinet upon request, copies of records required under the conditions of the
			 permit to be kept by the permittee.
(9) Inspection and entry. The owner or
			 operator shall allow the cabinet to:
(a) Enter
			 upon the owner's or operator's premises where a regulated facility or activity
			 is located or conducted, or where records are kept under the conditions of the
			 permit;
(b) Have access to and copy
			 at reasonable times any records that are 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 KRS Chapter 224 or
			 401 KAR Chapter 45, any substances or parameters within the boundaries of the
			 permitted area and outside the boundaries of the permitted area if necessary to
			 determine the environmental impacts resulting from a permitted
			 activity.
(10) Signatory
			 requirement. All applications, reports, and information submitted to the
			 cabinet shall be signed and certified in accordance with
			 401 KAR 45:030, Section
			 10.
(11) Authorization to operate.
			 For a new special waste site or facility, or a facility undergoing an expansion
			 or modification as stated in
			 401 KAR 45:040, the owner or
			 operator shall not commence storage, treatment, or disposal of special 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 request for the issuance of
			 a construction and operation permit signed by the owner or operator stating
			 that the facility has been constructed or modified in compliance with the
			 construction permit. The request shall be accompanied by a fee established in
			 401 KAR 45:250, Section 2(1)(d);
			 and
(b) The cabinet has inspected
			 the newly constructed or modified facility and issued a special waste
			 construction and operation permit or modified permit.
(12) Transfers. The permit shall not be
			 transferable to any person without prior approval of the cabinet. Proposed new
			 owners or operators shall submit a complete transfer permit application to the
			 cabinet in accordance with
			 401 KAR 45:040, Section
			 3.
(13) Monitoring reports.
			 Monitoring results shall be reported at the intervals established in the
			 approved permit application.
(14)
			 Compliance schedules. Reports of compliance 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) Reports. Reports
			 required in 401 KAR Chapter 45 or in the permit shall be submitted to the
			 cabinet on the dates required in 401 KAR Chapter 45 or in the permit.
(16) Other information. If the owner or
			 operator fails to submit any relevant facts in a permit application, or submits
			 incorrect information in a permit application or in any report to the cabinet,
			 the owner or operator shall promptly submit the facts or correct
			 information.