RELATES TO: KRS Chapter 224
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
224.1-400 requires any person who possesses
or controls pollutants or contaminants to immediately report certain releases
of pollutants or contaminants into the environment to the cabinet.
KRS
224.10-100 requires the cabinet to provide
for the prevention, abatement, and control of water pollution. This
administrative regulation establishes that releases of pollutants or
contaminants that could result in or contribute to pollution of the waters of
the Commonwealth from any source other than a KPDES-permitted facility, shall
be reported to the division. This administrative regulation establishes
reporting timeframes and mechanisms that enable the division to determine what
action is necessary to protect public safety and mitigate or reduce the effect
of the release.
Section 1. Any person
having knowledge in advance of the necessity to release a "pollutant or
contaminant", as defined by
KRS
224.1-400, which could result in or
contribute to pollution of the waters of the Commonwealth, shall notify the
Division of Water before the release is commenced. Notification shall be given
as far in advance as possible.
Section
2. Emergency Reports. If by reason of emergency or accident a
release of "pollutants or contaminants", as defined by
KRS
224.1-400, is threatened or occurs, which
could result in or contribute to the pollution of the waters of the
Commonwealth and that could present an imminent or substantial danger to public
health or welfare, the person possessing or controlling the pollutant or
contaminant shall, as soon as the person has knowledge of any release of a
pollutant or contaminant from a site to the environment, immediately notify the
division by calling the cabinet's twenty-four (24) hour environmental emergency
telephone number at (800) 928-2380.
Section
3.
(1) Any person notifying the
division pursuant to Section 1 or 2 of this administrative regulation shall
report:
(a) The point of release;
(b) The nature of the material
released;
(c) The quantity of the
material released or the estimated quantity if not known;
(d) The date, time, and duration of the
release; and
(e) An assessment of
probable environmental impact.
(2) If notification is not initially made in
writing, it shall be confirmed by written notification within ten (10) days if
requested by the division director or the division director's appointed
representative. For each release or threatened release, the report shall
identify the:
(a) Precise location;
(b) Name, address, and phone number of the
person or persons who:
1. Possesses or
controls the contaminant or pollutant;
2. Has actual knowledge of the facts;
and
3. Can be contacted for
additional information;
(c) Specific pollutant or contaminant or
hazardous substance;
(d)
Concentration and quantity of the pollutant or contaminant or hazardous
substance;
(e) Circumstances and
cause;
(f) Efforts taken to
mitigate or control;
(g) To the
extent known, potential harmful effects;
(h) Transportation characteristics of the
medium or matrix into which the contaminant or pollutant was released or
threatened to be released;
(i)
Present or proposed remedial action by the person at the site; and
(j) Additional information that could
facilitate remediation of the site.
Section 4. A person failing to report as
required by Sections 1 through 3 of this administrative regulation shall be
subject to the penalties provided by
KRS
224.99-010.
