174.410 Administrative regulations and agreements with other cabinets. - Kentucky Statutes

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Page 1 of 2 174.410 Administrative regulations and agreements with other cabinets. (1) The secretary shall be responsible for controlling and regulating the movement of all radioactive materials and the intrastate transport of other hazardous materials
transported by all carrier modes within the Commonwealth. (2) The secretary, in consultation with the secretary of the Energy and Environment Cabinet and the secretary of the Cabinet for Health and Family Services, shall adopt
by reference or in entirety, the Federal Hazardous Materials Transportation
Regulations, 49 C.F.R. (1978), as amended, to effectively carry out the intent of
KRS 174.400 to 174.425. (3) The cabinet and the Justice and Public Safety Cabinet shall cooperate with and assist the Energy and Environment Cabinet in implementing and enforcing the
transportation provisions of any state hazardous waste regulations promulgated
pursuant to KRS Chapter 224. The specific nature and details of the assistance
effort shall be established by a formal cooperative agreement acceptable to the
cabinets, and all activities shall occur in accordance with the terms of the
agreement. The agreement shall address and include but not necessarily be limited
to the following items:
(a) As a part of routine and periodic transportation checks and inspections, ensure that shipments of hazardous waste do not present a threat to the public or the
environment; are accompanied by the required hazardous waste manifest or
such other shipping or delivery documents as may be acceptable to the Energy
and Environment Cabinet; and comply with applicable shipping standards; (b) Upon receipt of a written request from the secretary or general counsel of the Energy and Environment Cabinet, actively conduct field investigations
relating to the illegal, improper, or unauthorized transport of hazardous waste
in the state. Such investigations may, at a minimum, include passive and
active surveillance, apprehension, and reporting, with the scope and extent of
each investigation to be previously agreed to by the involved cabinets; (c) Compile and maintain such necessary records that may normally be required to carry out the provisions of this subsection and shall for minor violations
report quarterly, and for major violations report weekly, to the Energy and
Environment Cabinet on the status of the interagency hazardous-waste
transportation monitoring and enforcement activity for irregularities or
violations; (d) Provide any information, evidence, and other support, either in written form or in the form of oral testimony during a legal proceeding or both, as may be
required by the Energy and Environment Cabinet to fully carry out its
statutory responsibility under the appropriate sections of KRS Chapter 224; (e) The Energy and Environment Cabinet shall, unless specifically agreed otherwise, have primary responsibility for initiating and conducting all legal
proceedings arising from the terms and provisions of this subsection; and (f) The Energy and Environment Cabinet shall provide sufficient training, technical assistance, and other support to the appropriate cabinets to prepare Page 2 of 2 representatives of the cabinets to adequately carry out the responsibilities set
forth in this subsection. Effective: July 15, 2010
History: Amended 2010 Ky. Acts ch. 24, sec. 228, effective July 15, 2010. -- Amended 2007 Ky. Acts ch. 85, sec. 181, effective June 26, 2007. -- Amended 2005 Ky. Acts
ch. 99, sec. 142, effective June 20, 2005. -- Amended 1998 Ky. Acts ch. 426,
sec. 121, effective July 15, 1998. -- Amended 1994 Ky. Acts ch. 99, sec. 4, effective
July 15, 1994. -- Created 1980 Ky. Acts ch. 484, sec. 3, effective July 15, 1980.