Governing Law and Regulations
Hazardous waste treatment, storage, and disposal facility (TSDF) permit rules: 401 Kentucky Administrative Regulations (KAR) 39:060, 401 KAR 39:090, and 401 KAR 39:120
Facility fees: Kentucky Revised Statutes (KRS) 224.46-016 and KRS 224.46-018, and regulations at 401 KAR 39:120
Facility location: 401 KAR 39:090, Section 5
Permit application process:
Application Form: 401 KAR 39:005, Section 1(5) and 401 KAR 39:060, Section 5(6)
Additional application information: 401 KAR 39:060, Section 5
Permit submissions: 401 KAR 39:060, Section 6(13) and 401 KAR 39:120, Section 6
Application filing and review fees: KRS 224.46-016; 401 KAR 39:120, Section 2; and 401 KAR 39:120, Section 3
Permit modification fee: KRS 224.46-018 and 401 KAR 39:120, Section 3(4)
Kentucky Energy and Environment Cabinet (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 TSDF permit requirements, including those for remedial action plans and standardized permit provisions. The state has added more stringent facility permit standards in connection with facility location, additional information in the application, and fees.
• Administration and enforcement. The Department for Environmental Protection's (DEP) Division of Waste Management administers and enforces the TSDF permit rules in Kentucky.
401 KAR 39:090, Section 5
Floodplains. A facility located in a 100-year floodplain must be designed, constructed, operated, maintained, and refitted, if necessary, to prevent washout of any hazardous waste and ...