Kentucky Administrative Regulations › Title 401 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR ENVIRONMENTAL PROTECTION › Chapter 48 - Standards for Solid Waste Facilities › Section 401 KAR 48:200 - Landfarming and composting

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 224.01, 224.10, 224.40, 224.43, 224.70,
				224.99
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				224.10-100 and the waste management
				provisions of KRS Chapter 224 require the Natural Resources and Environmental
				Protection Cabinet to adopt administrative regulations for the disposal of
				solid waste. This chapter establishes standards for solid waste sites or
				facilities. This administrative regulation sets forth the permit application
				requirements and general design and operating requirements for landfarming
				facilities, composting, and sludge giveaway programs.
Section 1. Applicability.
(1) The requirements in this administrative
			 regulation apply to any person disposing of solid waste by landfarming and
			 composting.
(2) The cabinet shall
			 not permit the land application of a solid waste that may present a threat to
			 human health and the environment. The land application suitability of solid
			 wastes shall be evaluated by the cabinet on a case-by-case basis. The applicant
			 shall submit a request for a determination of waste classification with the
			 submittal of a notice of intent to apply. The cabinet may base a decision as to
			 the land application suitability of a particular waste upon the ability of the
			 waste to biodegrade in the environment, the potential for the waste to be
			 managed in a manner consistent with
			 401 KAR
			 47:030, the likelihood that waste constituents shall
			 contaminate surface water or groundwater, the potential for nuisances from
			 odors or unsightly conditions, and the potential for the waste to harm human
			 health or the environment.
(a) Municipal water
			 treatment sludges, municipal wastewater treatment sludges, or food service
			 industry wastes shall be classified according to the maximum dry weight
			 concentration of heavy metals based on the average concentration of metals in a
			 minimum of two (2) consecutive samples taken no closer than thirty (30) days
			 apart. The cabinet may deny the landfarming of a solid waste based upon health
			 considerations in addition to the presence in the waste of excessive
			 concentration of the five (5) heavy metals listed below. The sludges shall be
			 placed in classes based on the concentration of the following heavy metals:
1. Cadmium;
2. Copper;
3. Lead;
4. Nickel; and
5. Zinc.
(b) Sludges or solid wastes other than
			 municipal water treatment sludges, municipal wastewater treatment sludges, or
			 food services industry solid wastes shall be classified using additional
			 parameters based upon the source, chemical and physical characteristics of the
			 waste and their potential for adverse impact on human health or the
			 environment.
(3) The
			 concentration for heavy metals in each class of sludge or solid waste shall be
			 those indicated in Table 1 of this subsection. A single metal parameter shall
			 be sufficient to require a solid waste to be classified as Class II or III.
Table 1. Heavy Metal
							 Concentrations
Parameters for Class I
							 Concentration
Cadmium
Less than or equal to 10 mg/kg
Copper
Less than or equal to 450 mg/kg
Lead
Less than or equal to 250 mg/kg
Nickel
Less than or equal to 50 mg/kg
Zinc
Less than or equal to 900 mg/kg
Parameters for Class II
							 Concentration
Cadmium
Greater than 10 mg/kg and less than or equal to 30
							 mg/kg
Copper
Greater than 450 mg/kg and less than or equal to 900
							 mg/kg
Lead
Greater than 250 mg/kg and less than or equal to 500
							 mg/kg
Nickel
Greater than 50 mg/kg and less than or equal to 100
							 mg/kg
Zinc
Greater than 900 mg/kg and less than or equal to 1800
							 mg/kg
Parameters for Class III
							 Concentration
Cadmium
Greater than 30 mg/kg
Copper
Greater than 900 mg/kg
Lead
Greater than 500 mg/kg
Nickel
Greater than 100 mg/kg
Zinc
Greater than 1800 mg/kg
(4)
			 Sludge or solid waste classifications shall be reevaluated based upon the
			 annual analyses submitted in the annual landfarming review.
(5) A registered permit-by-rule may be issued
			 based upon the information submitted in the registration on a form prescribed
			 by the cabinet in Section 18 of this administrative regulation for land-farming
			 of solid waste classified as Class I wastes, composted solid waste sludge, or
			 sludge giveaway programs.
(6) A
			 landfarming permit may be issued based upon the information submitted in the
			 application for solid wastes classified as Class II or III.
(7) Solid waste heavy metal concentration
			 values are determined on a dry weight basis. Analysis shall be accomplished by
			 determining the heavy metal concentration of the undried sample and determining
			 the heavy metal content using the solids content of the original sample and
			 computing the heavy metals content of the sludge on a dry weight basis. Results
			 of the laboratory determination shall include the solids content, the wet
			 weight and dry weight content when they are submitted to the cabinet.