Kentucky Administrative Regulations › Title 401 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR ENVIRONMENTAL PROTECTION › Chapter 40 - Enforcement and Compliance Monitoring › Section 401 KAR 40:010 - General enforcement provisions

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 Environmental and Public Protection 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 general enforcement
				provisions for the hazardous waste management administrative
				regulations.
Section 1. Enforcement.
			 The requirements of 401 KAR Chapters 30 through 47 shall be enforced by the
			 secretary or any duly authorized representative of the cabinet. Enforcement of
			 these requirements shall be in accordance with the provisions of this chapter
			 and KRS Chapter 224 to the extent such provisions provide fair and orderly
			 fulfillment of the duties and powers of the secretary and the Environmental and
			 Public Protection Cabinet. This chapter, however, shall in no way limit or
			 prevent the secretary or the Environmental and Public Protection Cabinet from
			 exercising any power or authority granted or vested it by the laws of the
			 Commonwealth.
Section 2.
			 Inspection. 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 waste management and
			 disposal practices are conducted in accordance with the provisions of KRS
			 Chapter 224, 401 KAR Chapters 30 through 40, all terms and conditions of a
			 permit, and any order of the secretary.
Section
			 3. Compliance. It shall be the duty of any person affected by the
			 provisions of KRS Chapter 224, 401 KAR Chapters 30 through 47, any condition of
			 a permit or order of the secretary pertaining to hazardous or solid waste
			 management or disposal activities to demonstrate compliance with any such
			 provision, condition or order. Failure or inability to demonstrate compliance
			 may be presumed by the secretary or any duly authorized representative of the
			 cabinet to mean such person has not complied with that provision, condition or
			 order for the purpose of proceeding with any action contemplated by this
			 chapter.
STATUTORY AUTHORITY:
				  KRS
				  224.46-520