Kentucky Financial Responsibility regulations & environmental compliance analysis

Kentucky Financial Responsibility: What you need to know

Governing Law and Regulations

Underground storage tanks (USTs): 401 Kentucky Administrative Regulations (KAR) 42:090 and 401 KAR 42:250

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Hazardous waste treatment, storage, and disposal facilities (TSDFs): 401 KAR 34:070 to 34:130 and 401 KAR 35:070 to 35:130 (interim status)

Solid waste:

Permitted facilities: 401 KAR 48:310

Municipal solid waste transporters: 601 KAR 40:020

Waste tire facilities and transporters: Kentucky Revised Statutes (KRS) 224.50-862

Pesticide dealers: KRS 217B.130

Regulatory Agencies

Kentucky Energy and Environment Cabinet (EEC) Department for Environmental Protection (DEP) Division of Waste Management

Kentucky Department of Agriculture (KDA)

See national section for basic information and federal regulations.

Comparison: State vs. Federal

Rules. Kentucky generally follows the federal financial responsibility requirements, with additional requirements for hazardous waste treatment, storage, and disposal facilities (TSDFs); solid waste facilities; solid waste transporters; and pesticide dealers.

Underground storage tank (UST) owners and operators in Kentucky must meet federal and state financial responsibility requirements. To assist owners and operators, the state has established a UST financial responsibility fund to help cover the costs of handling releases. See the national section UNDERGROUND STORAGE TANKS for a review of the federal financial responsibility rules.

Administration and enforcement. The DEP administers and enforces the financial responsibility requirements for TSDFs, solid waste facilities, pesticide dealers, and UST facilities. The KDA administers and enforces the financial assurance requirements for pesticide dealers.

State Requirements

FINANCIAL ASSURANCE

In Kentucky, there are ...


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