Kentucky Statutes 174.410 – Administrative regulations and agreements with other cabinets
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(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 KRS § 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
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.
(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 KRS § 174.425.
Terms Used In Kentucky Statutes 174.410
- cabinet: means the Transportation Cabinet. See Kentucky Statutes 174.012
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Federal: refers to the United States. See Kentucky Statutes 446.010
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(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
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.