KRS 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) 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 gen erated, 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 a ll 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.

(2) Any person who ge nerates 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 t he cabinet or information provided on the manifest

document is factual.

(3) 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 promu lgated 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 categorie s 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 meet s the

criteria or is identified as hazardous waste shall within ninety (90) days of

promulgation of the regulation so notify the cabinet.