Kentucky Closure/Post-Closure Plans regulations & environmental compliance analysis

Kentucky Closure/Post-Closure Plans: What you need to know

Governing Law and Regulations

Hazardous waste treatment, storage, and disposal facility (TSDF) closure and post-closure rules: 401 Kentucky Administrative Regulations (KAR) 39:090, Section 1 and 401 KAR 39:090, Section 2(1) (interim status)

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Additional state closure requirements:

Closure for noncompliance: Kentucky Revised Statutes (KRS) 224.46-520(8)

TSDFs in floodplains: 401 KAR 39:090, Section 5

Closure plan fees: 401 KAR 39:120 and KRS 224.46-016(3)

Additional state post-closure requirements:

Disposal facilities in floodplains: 401 KAR 39:090, Section 5

Post-closure plan fee: 401 KAR 39:120

Financial assurance:

Financial mechanisms: KRS 224.46.520; KRS 224.46.530; 401 KAR 39:090, Section 1; 401 KAR 39:090, Section 2(1); 401 KAR 39:090, Section 2(3); and 401 KAR 39:090, Section 7

Regulatory Agency

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

See national section for basic information and federal regulations.

Comparison: State vs. Federal

Rules. Kentucky adopts by reference the federal closure and post-closure rules for hazardous waste treatment, storage, and disposal facilities (TSDFs). The state has additional state requirements in connection with facility operational noncompliance and facilities located in floodplains. Unlike the federal rules, Kentucky requires that certain fees be submitted with the facility’s closure plan and that fees be paid in connection with the facility’s post-closure permit application. Kentucky also has additional requirements in connection with the financial assurance needed for closure, post-closure, and liability coverage.

In addition to complying with the general closure and post-closure standards, owners or operators of the ...


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More on this topic:

Governing Law and Regulations
Regulatory Agency
Comparison: State vs. Federal
State Requirements

Kentucky Closure/Post-Closure Plans Resources

Type Title
Forms Waste Pile/Surface Impoundment Closrue Plan Review Form
See all Closure/Post-Closure Plans Resources