††††† 401 KAR 32:040. Recordkeeping and reporting.


††††† RELATES TO: KRS Subchapters 224.01, 224.10, 224.40, 224.46, 224.99, 40 C.F.R. 262 Subpart D

††††† STATUTORY AUTHORITY: KRS 224.10-100, 224.46-510(1)

††††† NECESSITY, FUNCTION, AND CONFORMITY: KRS 224.46-510 requires the cabinet to promulgate administrative regulations to establish standards for the generation of hazardous waste. This administrative regulation establishes recordkeeping and reporting standards. This administrative regulation is equivalent to corresponding federal requirements except an annual report is required rather than a biennial report.


††††† Section 1. Definition. "Regional administrator" means, as used in Section 3 of this administrative regulation, the Regional Administrator for the EPA region in which the facility is located, or his designee.


††††† Section 2. Recordkeeping. The subject matter shall be governed by 40 C.F.R. 262.40, effective July 1, 2005.


††††† Section 3. Reports. (1) A generator who ships any hazardous waste off-site to a treatment, storage, or disposal facility within the United States shall prepare and submit a "Hazardous Waste Annual Report," DEP Form 7072. The "Hazardous Waste Annual Report" shall be submitted to the cabinet no later than March 1 to report information for the preceding calendar year.

††††† (2) Any generator who treats, stores, or disposes of hazardous waste on-site shall submit the Hazardous Waste Annual Report covering those wastes in accordance with provisions of 401 KAR Chapters 34, 35, 36, and 38. Reporting for exports of hazardous waste outside the United States shall not be included on the annual report form but shall be accomplished by a separate annual report pursuant to 401 KAR 32:050.

††††† (3) Generators shall provide a duplicate copy of the Hazardous Waste Annual Report 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.


††††† Section 4. Exception Reporting. (1) The subject matter shall be governed by 40 C.F.R. 262.42, effective July 1, 2005.

††††† (2) The exceptions report referenced in 40 C.F.R. 262.42(a)(2) shall also be submitted to the cabinet.

††††† (3) Generators shall furnish the additional reports concerning the quantities and disposition of wastes identified or listed in Section 5 of this administrative regulation.


††††† Section 5. Additional Reporting. The subject matter shall be governed by 40 C.F.R. 262.43, effective July 1, 2005.


††††† Section 6. Special Requirements for Generators of Between 100 and 1000 kg/mo. The subject matter shall be governed by 40 C.F.R. 262.44, effective July 1, 2005.


††††† Section 7. Incorporation by Reference. (1) "Hazardous Waste Annual Report", Form DEP 7072, November 2016, is incorporated by reference.

††††† (2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Division of Waste Management, 300 Sower Boulevard, Frankfort, Kentucky 40601, Monday through Friday 8 a.m. to 4:30 p.m. This material is also available on the Division of Waste Managementís Web page located at www.waste.ky.gov. (Recodified from 401 KAR 2:070, Section 4, eff. 3-1-83; Am. 12 Ky.R. 727; eff. 2-4-86; 14 Ky.R. 1363; eff. 3-10-88; 15 Ky.R. 341; eff. 10-26-88; 23 Ky.R. 567; eff. 3-12-97; 33 Ky.R. 2001; 3730; eff. 6-13-2007; TAm eff. 7-8-2016; TAm eff. 12-21-2016.)