{"data":{"id":"us-ky/krs-174.410","jurisdiction":"us-ky","citation":"KRS 174.410","heading":"Administrative regulations and agreements with other cabinets.","body":"(1) The secretary shall be responsible for controlling and regulating the movement of\nall radioactive materials and the intrastate transport of other hazardous materials\ntransported by all carrier modes within the Commonwealth.\n(2) The secretary, in consultati on with the secretary of the Energy and Environment\nCabinet and the secretary of the Cabinet for Health and Family Services, shall adopt\nby reference or in entirety, the Federal Hazardous Materials Transportation\nRegulations, 49 C.F.R. (1978), as amended, to effectively carry out the intent of\nKRS 174.400 to 174.425.\n(3) The cabinet and the Justice and Public Safety Cabinet shall cooperate with and\nassist the Energy and Environment Cabinet in implementing and enforcing the\ntransportation provisions of any s tate hazardous waste regulations promulgated\npursuant to KRS Chapter 224. The specific nature and details of the assistance\neffort shall be established by a formal cooperative agreement acceptable to the\ncabinets, and all activities shall occur in accordan ce with the terms of the\nagreement. The agreement shall address and include but not necessarily be limited\nto the following items:\n(a) As a part of routine and periodic transportation checks and inspections, ensure\nthat shipments of hazardous waste do not present a threat to the public or the\nenvironment; are accompanied by the required hazardous waste manifest or\nsuch other shipping or delivery documents as may be acceptable to the Energy\nand Environment Cabinet; and comply with applicable shipping standards;\n(b) Upon receipt of a written request from the secretary or general counsel of the\nEnergy and Environment Cabinet, actively conduct field investigations\nrelating to the illegal, improper, or unauthorized transport of hazardous waste\nin the state. Such investigations may, at a minimum, include passive and\nactive surveillance, apprehension, and reporting, with the scope and extent of\neach investigation to be previously agreed to by the involved cabinets;\n(c) Compile and maintain such necessary records tha t may normally be required\nto carry out the provisions of this subsection and shall for minor violations\nreport quarterly, and for major violations report weekly, to the Energy and\nEnvironment Cabinet on the status of the interagency hazardous -waste\ntransportation monitoring and enforcement activity for irregularities or\nviolations;\n(d) Provide any information, evidence, and other support, either in written form or\nin the form of oral testimony during a legal proceeding or both, as may be\nrequired by the En ergy and Environment Cabinet to fully carry out its\nstatutory responsibility under the appropriate sections of KRS Chapter 224;\n(e) The Energy and Environment Cabinet shall, unless specifically agreed\notherwise, have primary responsibility for initiating a nd conducting all legal\nproceedings arising from the terms and provisions of this subsection; and\n(f) The Energy and Environment Cabinet shall provide sufficient training,\ntechnical assistance, and other support to the appropriate cabinets to prepare\nrepresentatives of the cabinets to adequately carry out the responsibilities set\nforth in this subsection.","path":["KRS Chapter 174"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=5023","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:51:25Z","sha256":"e32258fa08b59a8db7597d871cd0d05250357e5b7b32a4bbae6cc4fa5476c754","source_id":"us-ky","stale":false,"prev":"us-ky/krs-174.405","next":"us-ky/krs-174.415"},"notice":"GroundRules: Original legal text. Not legal advice."}