2011 Kentucky Revised Statutes Subchapter 46 Hazardous Waste 224.46.510 Generation of hazardous waste, standards -- Report by cabinet to county government -- Criteria for determining whether waste is hazardous and list of hazardous wastes to be set by regulation.
KY Rev Stat § 224.46.510 (1996 through Reg Sess) What's This?
224.46-510 Generation of hazardous waste, standards -- Report by cabinet to
county government -- Criteria for determining whether waste is hazardous and
list of hazardous wastes to be set by regulation.
(1)
(2)
(3)
The cabinet shall promulgate regulations which establish standards for the
generators of hazardous waste by amount of waste generated requiring such
generators to do any or all of the following:
(a) Compile and maintain such information and record keeping regarding the
quantities of hazardous waste generated, characteristics and composition of
such waste and disposition of hazardous waste generated;
(b) Utilize proper labeling and containerization of hazardous waste as required by
the cabinet;
(c) Utilize a manifest for each shipment of hazardous waste and assure that the
facility to which the waste is designated is a permitted facility;
(d) Provide information on the general chemical composition of the hazardous
waste to persons transporting, treating, storing or disposing of hazardous
waste;
(e) Keep all records and copies of manifest readily available for review and
inspection by the designated representative of the cabinet;
(f) Retain all records and manifest copies for a minimum of three (3) years or as
required by the cabinet;
(g) Compile a periodic report of hazardous waste generated, stored, transferred,
treated, disposed or transported for treatment, storage, or disposal as required
by the cabinet;
(h) Provide the report required in paragraph (g) of this subsection to the county
judge/executive of the county or chief executive officer of an urban-county
government within which the waste site or facility which will receive waste
from the generator is located and to the county judge/executive of the county
or chief executive officer of an urban-county government within which the
generator is located in order that the county judge/executive or chief executive
officer may make the report available to the county law enforcement and
emergency services for emergency planning purposes.
Any person who generates waste in this state shall make a determination as to
whether or not such waste is hazardous pursuant to criteria promulgated by the
cabinet, and any generator of hazardous waste shall certify that all information
required in notices or reports to the cabinet or information provided on the manifest
document is factual.
The cabinet shall promulgate regulations specifying the criteria by which wastes
may be determined to be hazardous and based on use of these criteria maintain and
update a list of wastes identified as hazardous wastes which shall be subject to the
hazardous waste management provisions of KRS 224.46-505 to 224.46-570. The
criteria and lists promulgated by the cabinet shall be identical to any such criteria
and lists proposed or promulgated by the United States Environmental Protection
Agency pursuant to the Resource Conservation and Recovery Act of 1976, as
amended (Public Law 94-580). In providing for the management of hazardous
waste, the cabinet shall establish classes or categories of hazardous waste reflecting
the relative degree of hazard consistent with the Resource Conservation and
Recovery Act of 1976, as amended (Public Law 94-580), and regulations issued
pursuant thereto. Any person generating any substance which either meets the
criteria or is identified as hazardous waste shall within ninety (90) days of
promulgation of the regulation so notify the cabinet.
Effective: July 15, 1986
History: Amended 1986 Ky. Acts ch. 237, sec. 2, effective July 15, 1986; and ch. 298,
sec. 3, effective July 15, 1986. -- Amended 1984 Ky. Acts ch. 111, sec. 190, effective
July 13, 1984. -- Created 1980 Ky. Acts ch. 264, sec. 4, effective July 15, 1980.
Formerly codified as KRS 224.864.
Legislative Research Commission Note. Acts 1986, ch. 237, ยง 9, provides: "The
regulations promulgated under the introductory paragraph of subsection (1) of KRS
224.864 and under KRS 224.873, pursuant to the authority granted by sections 2 and
4 of this Act shall be no more stringent than the federal requirements."
Legislative Research Commission Note. This section was amended by two 1986 Acts
which do not appear to be in conflict and have been compiled together.
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