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Kentucky Division of Waste Management Proposes to Terminate a Post-Closure Permit


By Bradley E. Dillon, Attorney, Bingham Greenebaum Doll LLP

The Division of Waste Management (DWM) has published a tentative decision to terminate a Post-Closure permit and approve a Site Management Plan submitted by Safety-Kleen Systems for its facility in Ashland, Kentucky.  If the permit is allowed to be terminated, Safety-Kleen will implement a Site Management Plan for the facility and record an environmental covenant to restrict the use of the property in perpetuity.

The tentative decision is significant because no Post-Closure permit has ever been terminated in Kentucky under the RCRA program.  However, amendments to KRS 224.36-0520(4), in conjunction with an amendment to 401 KAR 34:070 § 9, has provided for this previously unavailable option.

The post-closure regulations do not provide what information must be submitted in order to allow the DWM to terminate a Post-Closure permit.  The Safety-Kleen submittal included documentation that any groundwater contamination was below the maximum contaminant level (MCL) and that soil contamination remained in place below the RCRA cap.  The technical review process employed to develop this tentative decision is very similar to DWM approvals of site management plans to address contamination from non-RCRA sites under KRS 224.01-400.  The public comment on this proposed tentative decision ended on May 3, 2013.  Terminating a Post-Closure permit could allow a facility to escape financial assurance requirements imposed in 401 KAR Chapter 34.  The DWM has indicated that several other applications to terminate Post-Closure permits are under review.

To view a complete PDF of the March/April 2013 issue of the Environmental Letter, click HERE.

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