reglab/statecodes huggingface dataset:
Kentucky Administrative Regulations › Title 401 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR ENVIRONMENTAL PROTECTION › Chapter 45 - Special Waste › Section 401 KAR 45:060 - Special waste permit-by-rule

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 224.1, 224.10, 224.40, 224.46, 224.50,
				224.99
NECESSITY, FUNCTION, AND CONFORMITY: KRS Chapter 224 requires
				the cabinet to promulgate administrative regulations for the management,
				processing, and disposal of wastes.
				KRS
				224.40-305 requires persons who establish,
				conduct, operate, maintain, or permit the use of a waste site or facility to
				obtain a permit. This administrative regulation establishes the requirements
				for a special waste permit-by-rule.
Section
			 1. Permit-by-rule. Notwithstanding any other provision of this
			 chapter, the following special waste sites or facilities shall be deemed to
			 have a permit without the owner or operator having made application or
			 registration with the cabinet, if the operation is a practice common to the
			 industry, if the site or facility is not in violation of
			 401 KAR
			 30:031, and if the operation does not present a threat
			 or potential threat to human health or the environment:
(1) Pits subject to
			 401
			 KAR 5:090;
(2) Temporary storage of special waste in
			 piles;
(3) Injection wells:
(a) Used for disposal of special waste
			 subject to
			 805 KAR
			 1:110; or
(b) In compliance with an underground
			 injection control permit issued by the U.S. EPA;
(4) Special waste surface impoundments with a
			 KPDES permit;
(5) If the facility
			 is in compliance with the KPDES or NPDES permit, surface impoundments that:
(a) Treat domestic sewage and that do not
			 contain any industrial wastewater; or
(b) Are publicly owned treatment works for
			 the treatment of domestic sewage; and
(6) Beneficial reuse of coal combustion
			 by-products for placement at active or abandoned underground or surface coal
			 mines, including structural fill, backfill, material for contouring, mine
			 stabilization, and reclamation material, if:
(a) The utilization of coal combustion
			 by-products does not result in the creation of a nuisance condition;
(b) Erosion and sediment control measures
			 consistent with sound engineering practices shall be undertaken;
(c) Unless permission has been obtained from
			 the appropriate regulatory agency, the use is not within 100 feet of existing
			 streams or 300 feet of existing drinking water wells, floodplains, or
			 wetlands;
(d) The generator
			 characterizes the nonhazardous nature of the coal combustion byproducts;
			 and
(e) The generator submits to
			 the cabinet an annual report that identifies the:
1. Type and amount of coal combustion
			 by-products released for reuse;
2.
			 Name and address of each recipient of coal combustion by-products;
			 and
3. Specific use, if known, of
			 each recipient made of the coal combustion by-products.
Kentucky Administrative Regulations › Title 401 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR ENVIRONMENTAL PROTECTION › Chapter 45 - Special Waste › Section 401 KAR 45:070 - Special waste registered permit-by-rule

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS 224.01-010,
				224.50-760
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				224.10-100(30) authorizes
				the cabinet to promulgate administrative regulations not inconsistent with the
				provisions of law administered by the cabinet.
				KRS
				224.50-760(1)(d) authorizes
				the cabinet to promulgate administrative regulations for the management of
				special wastes.
				KRS
				224.40-305 requires persons who establish,
				construct, operate, maintain or permit the use of a waste site or facility to
				obtain a permit, pursuant to administrative regulations adopted by the cabinet.
				This administrative regulation establishes requirements for a special waste
				registered permit-by-rule.
Section 1.
			 Registered Permit-by-rule.
(1) A person
			 engaged in the following activities shall be required to register with the
			 cabinet:
(a) Sludge giveaway in accordance
			 with Section 8 of
			 401 KAR
			 45:100;
(b) Beneficial reuse of special waste not
			 specified in Section 1(7) of
			 401 KAR
			 45:060; and
(c) Facilities that treat and store processed
			 special waste for distribution under Section 10 of
			 401 KAR
			 45:100.
Kentucky Administrative Regulations › Title 401 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR ENVIRONMENTAL PROTECTION › Chapter 45 - Special Waste › Section 401 KAR 45:080 - Financial requirements and bonds for special waste facilities

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 224.1, 224.10, 224.40, 224.46, 224.50, 224.99,
				Chapter 355
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				224.50-760(1)(d) authorizes
				the cabinet to promulgate administrative regulations for the managing,
				processing, or disposal of wastes.
				KRS
				224.40-305 requires persons who establish,
				construct, operate, maintain, or allow the use of a waste site or facility to
				obtain a permit. This administrative regulation establishes the financial
				requirements for closure and postclosure of special waste sites or facilities
				but does not establish financial assurance requirements for biosolids from the
				treatment of domestic sewage or sewage sludge from a treatment facility.
				Information related to the permitting of biosolids is located in 401 KAR
				45:105.
Section 1. Applicability. The
			 financial assurance criteria and bond requirements shall apply to the owner or
			 operator of special waste landfills; Type A landfarming and composting sites or
			 facilities; research, development, and demonstration sites or facilities; and
			 other sites or facilities if required by the cabinet as part of a remedy or
			 requirement included in a resolution of permit violations.
Section 2. Closure Cost Estimate. The owner
			 or operator shall have a detailed, current written estimate, in dollars, of the
			 cost of hiring a third party to close the special waste disposal site or
			 facility in accordance with the closure plan developed to satisfy the closure
			 requirements in
			 401 KAR 45:100, Section 4, and
			 401 KAR 45:110, Section 5.
(1) The estimate shall equal the cost of
			 closing the special waste disposal site or facility at the point in the active
			 life when the extent and manner of its operation would make closure the most
			 expensive. The cabinet may adjust the figure for inflation and other factors.
			 The owner or operator shall base the cost estimate on the following elements
			 that are applicable depending on the type of site or facility:
(a) Design;
(b) Site grading and drainage;
(c) Hauling and placing of each element of
			 the approved cap;
(d) Final grading
			 and drainage of the cap;
(e)
			 Revegetation of the cap; and
(f)
			 Quality control and construction certification.
Kentucky Administrative Regulations › Title 401 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR ENVIRONMENTAL PROTECTION › Chapter 45 - Special Waste › Section 401 KAR 45:090 - Special waste operator certification

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 224.01, 224.10, 224.40, 224.50
NECESSITY, FUNCTION, AND CONFORMITY: KRS Chapter 224 requires
				the cabinet to adopt administrative regulations for the management, processing,
				and disposal of special wastes.
				KRS
				224.40-305 requires persons who establish,
				conduct, operate, maintain or permit the use of a waste site or facility to
				obtain a permit. This chapter establishes the permitting standards for special
				waste sites or facilities, and the standards applicable to all special waste
				sites or facilities. This administrative regulation establishes the program for
				education, testing, and certification of operators of special landfarming sites
				or facilities in accordance with
				KRS
				224.40-605.
Section 1. Applicability.
(1) The requirements of this administrative
			 regulation apply to all special waste landfills, landfarms, and composting
			 facilities operating under formal permits, as identified in
			 401 KAR
			 45:020, Section 2(1)(a) and (b).
(2) The owner or operator shall ensure that
			 all technical operations at the special waste site or facility are conducted by
			 or under the direction of an individual with a valid certification under this
			 administrative regulation. The landfill, landfarming, or composting operator
			 shall be reasonably available at the site or facility during
			 operation.
(3) The certified
			 operator shall ensure that all operations are conducted in compliance with this
			 chapter.
(4) A special waste site
			 or facility permit may be revoked or subject to other enforcement actions upon
			 violation of the requirements of this administrative
			 regulation.
Kentucky Administrative Regulations › Title 401 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR ENVIRONMENTAL PROTECTION › Chapter 45 - Special Waste › Section 401 KAR 45:100 - Landfarming and composting of special waste

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 224.1, 224.10, 224.40, 224.50,
				7 U.S.C.
				136 et seq.
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				224.50-760(a)(d) authorizes
				the cabinet to promulgate administrative regulations for the management,
				processing, and disposal of special wastes.
				KRS
				224.40-305 requires persons who establish,
				construct, operate, maintain, or allow the use of a waste site or facility to
				obtain a permit. This administrative regulation establishes requirements for
				special waste landfarming sites or facilities and special waste composting
				sites or facilities but does not include landfarming of biosolids.
Section 1. Applicability.
(1) The requirements in this administrative
			 regulation shall apply to any person disposing of or treating special waste by:
(a) Composting; or
(b) Landfarming of special wastes that are
			 not biosolids..
Kentucky Administrative Regulations › Title 401 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR ENVIRONMENTAL PROTECTION › Chapter 45 - Special Waste › Section 401 KAR 45:105 - Land application of biosolids

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 224.1, 224.10, 224.40, 224.70, 224.99
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				224.50-760(1)(d) authorizes
				the cabinet to promulgate administrative regulations for the treatment,
				management, processing, or disposal of special wastes.
				KRS
				224.40-305 requires persons who establish,
				construct, operate, maintain, or allow the use of a waste site or facility to
				obtain a permit. This administrative regulation establishes the standards and
				requirements for the application of biosolids, in accordance with 40 C.F.R.
				Part 503 and as required by
				KRS
				224.50-765 from the treatment of domestic
				sewage or sewage sludge from a treatment facility. This administrative
				regulation is no more stringent than the corresponding federal rules but in
				order to comply with KRS
				224.50-765(3), does have
				additional requirements that are not in 40 C.F.R. Part 503 related to a
				permitting program and siting criteria.
Section
			 1. Definitions.
(1) "Karst
			 feature" means sinkholes, sinking streams, cave openings, fensters, and
			 springs.
(2) "Ordinary high-water
			 mark" means the line on the shore of a body of water established by the
			 fluctuations of water and indicated by physical characteristics, such as
			 defined, natural line impressed on the bank, shelving, changes in the character
			 of soil, destruction of terrestrial vegetation, and the presence of litter and
			 debris.
(3) "Seasonal high-water
			 table" means the highest level that groundwater, at atmospheric pressure,
			 reaches in the soil in years with normal rainfall.
(4) "Sinkhole" means a depression in the land
			 surface resulting from the chemical dissolution of the underlying carbonate
			 rocks that create a potential direct conduit from surface water flow into the
			 underlying groundwater system. This includes the immediately adjacent catchment
			 area that could direct surface water flow into the underlying groundwater
			 system.
Kentucky Administrative Regulations › Title 401 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR ENVIRONMENTAL PROTECTION › Chapter 45 - Special Waste › Section 401 KAR 45:110 - Technical and operating requirements for special waste landfills

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 224.01, 224.10, 224.40, 224.46, 224.50,
				224.99
NECESSITY, FUNCTION, AND CONFORMITY: KRS Chapter 224 requires
				the cabinet to adopt administrative regulations for the management, processing
				or disposal of wastes.
				KRS
				224.40-305 requires persons who establish,
				construct, operate, maintain or permit the use of a waste site or facility to
				obtain a permit. This chapter establishes the permitting standards for special
				waste sites or facilities, and the standards applicable to all special waste
				sites or facilities. This administrative regulation sets forth the technical
				and operating requirements for special waste landfills.
Section 1. Design Requirements. The
			 engineering design for a special waste landfill shall demonstrate compliance
			 with
			 401 KAR
			 30:031 and the siting standards of
			 401 KAR
			 45:130 considering the following:
(1) The physical and chemical characteristics
			 of the waste, including compatibility of the waste with the liner, if required;
			 cover materials, if required; and water that may come in contact with the
			 waste;
(2) Volume of
			 waste;
(3) The climatic conditions
			 in the area;
(4) The permeability
			 of the liner material, if required. The liner shall assure containment of the
			 waste on site and compliance with
			 401 KAR
			 30:031;
(5) The properties of the soil underlying the
			 facility;
(6) Hydrogeologic
			 characteristics of the site including quality, quantity, current use, and
			 direction of groundwater flow;
(7)
			 The design of the facility leachate control system, run-off control system, and
			 gas migration control, if required, as it relates to the physical and chemical
			 characteristics of the waste, the climatic conditions of the specific location,
			 the volume of leachate and contaminated run-off collected at the
			 facility;
(8) The proximity of the
			 facility to surface water and groundwater;
(9) The potential for gas emissions and
			 odors; and
(10) Any additional
			 requirements specified by the cabinet.
Kentucky Administrative Regulations › Title 401 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR ENVIRONMENTAL PROTECTION › Chapter 45 - Special Waste › Section 401 KAR 45:130 - Siting requirements for special waste landfills

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 224.01, 224.10, 224.40, 224.46, 224.50,
				224.99
NECESSITY, FUNCTION, AND CONFORMITY: KRS Chapter 224 requires
				the cabinet to adopt administrative regulations for the management, processing,
				or disposal of wastes.
				KRS
				224.40-305 requires persons who establish,
				construct, operate, maintain or permit the use of a waste site or facility to
				obtain a permit. This administrative regulation sets forth the siting
				requirements for new special waste landfills and for horizontal expansions to
				the permitted waste boundaries of special waste landfills permitted prior to
				June 24, 1992.
Section 1. Buffer
			 Zones. Wastes shall not be placed:
(1) Within
			 250 feet of an intermittent or perennial stream unless a water quality
			 certification has been issued pursuant to 401 KAR Chapter 10;
(2) Within the zone of collapse of deep-mine
			 workings or within the critical angle of draw of such workings;
(3) Within 250 feet of a sinkhole, or other
			 karst feature suggesting the rapid transmission of water to the water table;
			 or
(4) Within 100 feet of the
			 property line.
Kentucky Administrative Regulations › Title 401 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR ENVIRONMENTAL PROTECTION › Chapter 45 - Special Waste › Section 401 KAR 45:135 - Requirements for emergency and research, development, and demonstration permits

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 224.01, 224.10, 224.40, 224.46, 224.50,
				224.99
NECESSITY, FUNCTION, AND CONFORMITY: KRS Chapter 224 requires
				the cabinet to adopt administrative regulations for the management, processing,
				and disposal of wastes.
				KRS
				224.40-305 requires persons who establish,
				construct, operate, maintain or permit the use of a waste site or facility to
				obtain a permit. This chapter establishes standards applicable to all special
				waste sites or facilities. This administrative regulation sets forth the
				requirements for an emergency permit and a research, development, and
				demonstration permit.
Section 1.
			 Emergency Permit.
(1) The cabinet may issue an
			 emergency permit that allows for the disposal or temporary storage of special
			 waste in response to a situation that poses an imminent and substantial threat
			 to human health or the environment. However, an emergency permit shall only be
			 issued when the circumstances preclude the processing of a permit of
			 appropriate classification, and the permitted site would not create an
			 endangerment to human health or the environment.
(2) An emergency permit:
(a) Shall be oral or written. If oral, it
			 shall be followed in five (5) days by a written emergency permit
			 request;
(b) Shall not exceed
			 ninety (90) days in duration;
(c)
			 Shall clearly specify the special wastes to be received, and the manner and
			 location of treatment, storage, or disposal;
(d) May be unilaterally terminated by the
			 cabinet at any time if the cabinet determines that termination is appropriate
			 to protect human health or the environment;
(e) Shall incorporate to the extent possible,
			 and not inconsistent with the emergency situation, all applicable requirements
			 of this chapter and
			 401 KAR
			 30:031;
(f) Shall specify that all remaining special
			 waste is to be removed at the end of the term of the emergency permit to a
			 properly permitted special waste site or facility in order to be exempted from
			 closure and financial requirements of this chapter; and
(g) Shall specify that failure to comply with
			 the conditions of the emergency permit shall be grounds for the cabinet to take
			 any appropriate enforcement action including an action to recover the cost of
			 proper closure.
Kentucky Administrative Regulations › Title 401 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR ENVIRONMENTAL PROTECTION › Chapter 45 - Special Waste › Section 401 KAR 45:160 - Surface and groundwater monitoring and corrective action for special waste sites or facilities

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 224.1, 224.10, 224.40, 224.46, 224.50, 224.99,
				Chapter 322A, 40 C.F.R.
				302.4, Appendix A
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				224.50-760(1)(d) authorizes
				the cabinet to promulgate administrative regulations for the treatment,
				management, processing, or disposal of wastes.
				KRS
				224.40-305 requires persons who establish,
				construct, operate, maintain or permit the use of a waste site or facility to
				obtain a permit. This administrative regulation establishes the standards for
				groundwater and surface water monitoring and corrective action at special waste
				sites or facilities. This administrative regulation does not establish
				requirements for surface or groundwater monitoring of special waste sites or
				facilities where biosolids from the treatment of domestic sewage or sewage
				sludge from a treatment facility have been land applied, except as it applies
				to biosolid permit corrective action plans.
Section
			 1. Applicability.
(1) The
			 requirements of this administrative regulation apply to owners and operators of
			 special waste landfills, Type A special waste landfarming or composting sites
			 or facilities, other special waste sites or facilities at which the cabinet
			 determines groundwater and surface water monitoring shall be required pursuant
			 to 401 KAR 45:100, Section 3(3), and
			 special waste sites or facilities required to perform corrective action as a
			 result of documented groundwater contamination.
(2) Designs, reports, and plans constituting
			 the "public practice of geology", as defined by
			 KRS
			 322A.010(3), shall be
			 developed by a person registered pursuant to KRS Chapter 322A, except as
			 established in by KRS 322A.080.
(3)
(a)
			 Landfarming and composting sites or facilities required to monitor surface
			 water shall comply with
			 401 KAR 45:100, Section
			 6(26).
(b) Landfarming and
			 composting sites or facilities required to perform corrective action shall
			 comply with Section 5 of this administrative regulation.
(c) The owner or operator shall satisfy the
			 requirements of this administrative regulation for all wastes and waste
			 constituents contained in the site or facility.
(d) The cabinet may waive baseline
			 groundwater characterization and groundwater monitoring, in accordance with the
			 provisions of
			 401 KAR
			 30:020.
Kentucky Administrative Regulations › Title 401 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR ENVIRONMENTAL PROTECTION › Chapter 45 - Special Waste › Section 401 KAR 45:210 - Designation of waste as special waste

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 224.01, 224.10, 224.40, 224.46, 224.50,
				224.99
NECESSITY, FUNCTION, AND CONFORMITY: KRS Chapter 224 requires
				the cabinet to adopt administrative regulations for the management, processing,
				and disposal of special wastes.
				KRS
				224.40-305 requires persons who establish,
				construct, operate, maintain or permit the use of a waste site or facility to
				obtain a permit. This chapter establishes standards applicable to all special
				waste sites or facilities. This administrative regulation sets forth the
				process for identifying special waste and for listing waste as special
				waste.
Section 1. Coverage. This
			 administrative regulation shall be used by the cabinet to determine those
			 wastes that meet the criteria of special waste and to determine if a waste may
			 be designated as special waste. Wastes not specifically listed as special waste
			 in
			 KRS
			 224.50-760 are regulated as either solid
			 waste, as defined by
			 KRS
			 224.01-010(31)(a), or
			 hazardous waste, as defined by
			 KRS
			 224.01-010(31)(b) and the
			 criteria of 401 KAR Chapter 31, unless the cabinet has made a designation in
			 accordance with the provisions of this administrative regulation.
Section 2. Criteria for Designating Special
			 Waste. The cabinet may list classes or types of waste as special waste if
			 wastes within the class or type of waste meet the characteristics of special
			 waste found in Section 3 of this administrative regulation. The cabinet shall
			 designate a waste as a special waste upon:
(1)
			 Determining that the waste meets the criteria in Section 3 of this
			 administrative regulation; and
(2)
			 Following the procedures in Section 4 of this administrative
			 regulation.
Kentucky Administrative Regulations › Title 401 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR ENVIRONMENTAL PROTECTION › Chapter 45 - Special Waste › Section 401 KAR 45:250 - Special waste permit fees

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 224.40
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				224.10-100(20) authorizes
				the cabinet to promulgate an administrative regulation to establish a
				reasonable schedule of fees for the cost of processing applications for
				permits, exemptions, and partial exemptions. This administrative regulation
				establishes a fee schedule for the issuance and modification of special waste
				site or facility permits.
Section 1.
			 Applicability. The provisions of this administrative regulation shall apply to:
(1) The owner or operator of each special
			 waste site or facility required to apply for a permit, permit renewal, permit
			 modification, or permit transfer, except publicly-owned facilities;
			 and
(2) Special waste site or
			 facility permit applications for the land application of biosolids.
Kentucky Administrative Regulations › Title 401 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR ENVIRONMENTAL PROTECTION › Chapter 46 - Coal Combustion Residuals (CCR) › Section 401 KAR 46:101 - Definitions for 401 Chapter 46

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 224.1, 224.10, 224.50, 224.70, 224.99,
				16
				U.S.C. 1531,
				33 U.S.C.
				1251, 42 U.S.C. 82,
				40
				C.F.R. 257.53
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				224.10-100(28) authorizes
				the cabinet to promulgate administrative regulations not inconsistent with the
				provisions of law administered by the cabinet.
				KRS
				224.50-760(1)(d) authorizes
				the cabinet to promulgate administrative regulations for the management of
				special wastes. This administrative regulation defines terms used in 401 KAR
				Chapter 46. Some federal terms have been replaced with the definitions
				established in KRS Chapter 224. Definitions contained in KRS Chapter 224 have
				been referenced to the appropriate statutory citation. Some terms do not have a
				federal counterpart and have been added to clarify requirements and provisions
				of KRS Chapter 224 and 401 KAR Chapter 46.
Section
			 1. Definitions. Except as provided in this section, the
			 definitions shall be as established in
			 40
			 C.F.R 257.53.
(1) "Cabinet" is defined by
			 KRS
			 224.1-010(9).
(2) "Coal combustion residuals (CCR)
			 permit-by-rule" or "CCR permit-by-rule" means the beneficial use of CCR,
			 consistent with 401 KAR Chapter 46, without the submission of an application to
			 the cabinet by a beneficial use of CCR user.
(3) "Coal combustion residuals registered
			 permit-by-rule" or "CCR registered permit-by-rule" means authorization allowing
			 the management, or disposal, upon notification as established in
			 401 KAR
			 46:120, Section 1(1)(c)1.
(4) "Disposal" is defined by
			 KRS
			 224.1-010(10).
(5) "Person" is defined by
			 KRS
			 224.1-010(17).
(6) "Secretary" is defined by
			 KRS
			 224.1-010(24).
(7) "Solid waste" is defined by
			 KRS
			 224.1-010(31)(a).
(8) "Solid waste management" is defined by
			 KRS
			 224.1-010(39).
(9) "Special waste" is established by
			 KRS
			 224.50-760(1)(a).
(10) "State" means the Commonwealth of
			 Kentucky.
(11) "State director"
			 means the "secretary" as defined by
			 KRS
			 224.1-010(24).
(12) "User" means the person beneficially
			 using CCR in the Commonwealth of Kentucky.
Kentucky Administrative Regulations › Title 401 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR ENVIRONMENTAL PROTECTION › Chapter 46 - Coal Combustion Residuals (CCR) › Section 401 KAR 46:110 - Standards for the disposal of coal combustion residuals (CCR) in CCR units

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 224.1, 224.10, 224.50, 224.70, 224.99,
				16
				U.S.C. 1531,
				33 U.S.C.
				1251, 42 U.S.C. 82,
				40 C.F.R.
				257.50-257.106
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				224.10-100(28) authorizes
				the cabinet to promulgate administrative regulations not inconsistent with the
				provisions of law administered by the cabinet.
				KRS
				224.50-760(1)(d) authorizes
				the cabinet to promulgate administrative regulations for the management of
				special wastes. This administrative regulation establishes the requirements for
				the disposal of CCR in CCR units.
Section
			 1. Scope and Applicability.
(1)
			 Except as provided in this section, the purpose, scope, and applicability of
			 401 KAR Chapter 46 to CCR units and the beneficial use of CCR shall be as
			 established in
			 40 C.F.R.
			 257.50 through
			 257.52.
(2) 401 KAR Chapter 46 shall not apply to a
			 special waste surface impoundment subject to 401 KAR Chapter 45 containing
			 special waste and liquids at a facility that ceased producing electricity prior
			 to October 19, 2015.
Kentucky Administrative Regulations › Title 401 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR ENVIRONMENTAL PROTECTION › Chapter 46 - Coal Combustion Residuals (CCR) › Section 401 KAR 46:120 - Coal combustion residuals (CCR) program

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 224.1, 224.10, 224.50, 224.70, 224.99, Chapter
				322, Chapter 322A,
				16
				U.S.C. 1531,
				33 U.S.C.
				1251, 42 U.S.C. 82,
				40 C.F.R.
				257.50-257.106
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				224.10-100(28) authorizes
				the cabinet to promulgate administrative regulations not inconsistent with the
				provisions of law administered by the cabinet.
				KRS
				224.50-760(1)(d) authorizes
				the cabinet to promulgate administrative regulations for the management of
				special wastes. This administrative regulation establishes the requirements for
				a CCR permit-by-rule and registered permit-by-rule.
Section 1. CCR Permits. Any person engaged in
			 the operation of a CCR unit shall comply with this administrative regulation.
(1)
(a) An
			 owner or operator of a CCR unit shall complete and submit the following to
			 obtain a registered permit-by-rule:
1.
			 Registered Permit-by-Rule for CCR Facility, DWM 4600; and
2. In accordance with Section 7 of this
			 administrative regulation, established financial assurance and proof of
			 publication of a public notice.
Kentucky Administrative Regulations › Title 401 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR ENVIRONMENTAL PROTECTION › Chapter 47 - Solid Waste Facilities › Section 401 KAR 47:025 - Permit review and determination timetables

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 224.01, 224.10, 224.40, 224.50
NECESSITY, FUNCTION, AND CONFORMITY: KRS Chapter 224 requires
				the cabinet to adopt administrative regulations for the management, processing,
				and disposal of solid wastes.
				KRS
				224.40-305 requires persons who establish,
				construct, operate, maintain or permit the use of a waste site or facility to
				obtain a permit. This chapter establishes standards applicable to all solid
				waste sites or facilities.
				KRS
				224.10-220 requires the cabinet to establish
				timetables for the review and determination of permit applications and
				registrations. This administrative regulation sets forth timetables for the
				review and determination of solid waste permit applications and
				registrations.
Section 1. Submittal of
			 Permit Applications and Registrations.
(1) The
			 official date of receipt for documents associated with a solid waste permit
			 application or registration shall be the date the document is stamped received
			 by the Division of Waste Management.
(2) The applicant or registrant shall have
			 the burden of establishing that the application or registration is in
			 compliance with all requirements of KRS Chapter 224 and 401 KAR Chapters 30,
			 47, and 48.
Kentucky Administrative Regulations › Title 401 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR ENVIRONMENTAL PROTECTION › Chapter 47 - Solid Waste Facilities › Section 401 KAR 47:030 - Environmental performance standards

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS 224.01-010,
				224.10-100,
				224.10-105,
				224.10-110,
				224.40-100-224.40-650, 224.43-010-224.43-505,
				224.70-100,
				224.70-110,
				224.99-010-224.99-030, 50 C.F.R. Part 424
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS 224.10-100(19)
				and (24) and
				224.10-105
				require the Natural Resources and Environmental Protection Cabinet to
				promulgate administrative regulations concerning waste management.
				KRS
				224.40-305 and
				224.40-100
				require the cabinet to promulgate administrative regulations establishing
				requirements for obtaining a permit to use a waste site or facility and
				response actions to close and reclaim or upgrade open dumps.
				KRS
				224.43-340 requires the cabinet to promulgate
				administrative regulations establishing requirements for the reduction and
				management of solid waste. This administrative regulation establishes the
				minimum environmental standards with which all solid waste sites or facilities
				shall comply.
Section 1. Purpose,
			 Scope and Applicability. The standards in this administrative regulation shall
			 be for use under the waste management provisions of KRS Chapter 224 in
			 determining which solid waste sites or facilities pose a reasonable probability
			 of adverse effects on human health or the environment. Solid waste sites or
			 facilities failing to satisfy the requirements of this administrative
			 regulation shall be considered open dumps which are prohibited by
			 KRS
			 224.40-100. An owner or operator shall not
			 cause, suffer, or allow a solid waste site or facility or any unit of a solid
			 waste site or facility to violate any provision of this administrative
			 regulation.
Section 2. Flood
			 Plains. A solid waste site or facility shall not restrict the flow of the 100
			 year flood, reduce the temporary water storage capacity of the flood plain, or
			 be placed in a manner likely to result in washout of waste, so as to pose a
			 hazard to human health, wildlife, or land or water resources.
Section 3. Endangered Species. A solid waste
			 site or facility shall not:
(1) Cause or
			 contribute to the taking of any endangered or threatened species or candidate
			 species of the Endangered Species Act of 1973 as amended through January 1984,
			 16
			 U.S.C. 1531 to
			 1544,
			 and 50 C.F.R. Part 424 as of October 1984; or
(2) Result in the destruction or adverse
			 modification of the critical habitat of endangered or threatened species or
			 candidate species as identified in the Endangered Species Act of 1973 as
			 amended through January 1984,
			 16
			 U.S.C. 1531 to
			 1544,
			 and 50 C.F.R. Part 424 as of October 1984.
Kentucky Administrative Regulations › Title 401 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR ENVIRONMENTAL PROTECTION › Chapter 47 - Solid Waste Facilities › Section 401 KAR 47:070 - Operator certification

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 224.01, 224.10, 224.40, 224.43, 224.46, 224.70,
				224.99
NECESSITY, FUNCTION, AND CONFORMITY: KRS Chapter 224 requires
				the cabinet to adopt rules and administrative regulations for the management,
				processing or disposal of wastes.
				KRS
				224.40-605 requires the cabinet to promulgate
				administrative regulations that establish standards and a certification program
				for operators of waste sites or facilities. This chapter establishes the
				permitting standards for solid waste sites or facilities, the standards
				applicable to all solid waste sites or facilities, and the standards for
				certification of operators. An overview of the permit program is found in
				Section 1 of
				401 KAR
				47:080. This administrative regulation establishes the
				program for education, testing, and certification of facility operators of
				solid waste sites or facilities.
Section
			 1. Definitions. The following are definitions as used in this
			 administrative regulation:
(1) "Category of
			 solid waste site or facility" means inert, residual, construction demolition
			 debris, residential or contained landfill and includes landfarming facilities
			 receiving Class I, II and III sludges or wastes.
(2) "Certificate" means a written document
			 issued by the cabinet stating that the operator has met all requirements for
			 certification.
(3) "Certified
			 operator" means a solid waste site or facility operator who holds a valid
			 certificate. The following are categories of certified operators:
(a) "Landfarming operator" means a certified
			 operator who is the individual responsible for ensuring compliance with all
			 permit conditions at a landfarming facility in accordance with
			 401 KAR
			 48:200, and who is reasonably available to the
			 site;
(b) "Landfill operator" means
			 a certified operator who is the individual responsible for the daily operating
			 requirements identified in
			 401 KAR
			 47:120, 48,060, 48:090, or 48:170;
(c) "Landfill manager" means a certified
			 operator who is the individual with primary responsibility for management and
			 operation of the residential or contained or construction/demolition debris
			 sanitary landfill to assure compliance with all permit conditions including
			 direct responsibility for providing guidance to the landfill operator, or the
			 permittee and the authority to commit financial resources allocated for proper
			 operation; or
(d) "Interim
			 operator" means the individual identified by the permittee as the replacement
			 land-farming operator, landfill operator, or landfill manager in accordance
			 with Section 12 of this administrative regulation.
Kentucky Administrative Regulations › Title 401 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR ENVIRONMENTAL PROTECTION › Chapter 47 - Solid Waste Facilities › Section 401 KAR 47:095 - Environmental remediation fee

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS 224.01-010,
				224.43-500,
				224.43-505
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				224.10-100(24) authorizes
				the Natural Resources and Environmental Protection Cabinet to promulgate
				administrative regulations for waste planning and management.
				KRS
				224.43-500(3) requires the
				cabinet to promulgate administrative regulations adopting a conversion formula
				to allow assessment of the environmental remediation fee by transfer stations
				that do not have scales.
				KRS
				224.43-505(2) authorizes the
				cabinet to promulgate administrative regulations to administer the Kentucky
				Pride Fund. This administrative regulation governs the environmental
				remediation fee established by
				KRS
				224.43-500.
Section 1. Remittance of the Environmental
			 Remediation Fee by Municipal Solid Waste Disposal Facilities.
(1) The owner or operator of a municipal
			 solid waste disposal facility shall remit to the Kentucky Pride Fund an
			 environmental remediation fee equivalent to one (1) dollar and seventy-five
			 (75) cents per ton of waste disposed at the facility.
(2) If a less than one (1) acre
			 construction/demolition debris landfill does not have adequate scales necessary
			 to weigh the waste, the environmental remediation fee shall be calculated and
			 assessed using a conversion factor calculated as follows:
(a) For compacted loads, the fee shall be one
			 (1) dollar and seventy-five (75) cents for every three (3) cubic yards of
			 waste.
(b) For all other loads, the
			 fee shall be one (1) dollar and seventy-five (75) cents for every five (5)
			 cubic yards of waste.
(3)
			 The owner or operator of the facility shall remit quarterly payments of the
			 environmental remediation fee, accompanied by a completed and signed document
			 entitled "Environmental Remediation Fee Reporting and Submittal Form" (DEP form
			 5032).
(4) Quarterly payments shall
			 be equivalent to one (1) dollar and seventy-five (75) cents multiplied times
			 the number of tons of waste disposed in the municipal solid waste disposal
			 facility during that quarter. Quarterly payments shall be due on April 30, July
			 31, October 31, and January 30 of each year.
Kentucky Administrative Regulations › Title 401 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR ENVIRONMENTAL PROTECTION › Chapter 47 - Solid Waste Facilities › Section 401 KAR 47:136 - Diversions of waste

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 224.10, 224.40, 224.99
NECESSITY, FUNCTION, AND CONFORMITY: KRS Chapter 224 requires
				the cabinet to adopt administrative regulations for the management, processing,
				and disposal of wastes.
				KRS
				224.40-305 requires that persons engaging in
				the management, processing, or disposal of waste first obtain a permit from the
				cabinet. This chapter establishes the permitting standards for solid waste
				sites and facilities, the standards applicable to all solid waste sites and
				facilities, and the standards for certification of operators. This
				administrative regulation requires waste to be diverted to a permitted solid
				waste disposal facility with adequate capacity if the cabinet revokes, suspends
				or denies a permit or orders a solid waste disposal facility to cease accepting
				waste, or if the facility otherwise ceases to accept waste. That diversion
				shall require a minor modification to the permit of the receiving facility. The
				administrative regulation is necessary to assure that solid waste is disposed
				at permitted solid waste disposal facilities in a manner protective of human
				health and the environment and consistent with Kentucky's long-range planning
				goals for solid waste management.
Section
			 1. If the cabinet revokes, suspends or denies a permit for a solid
			 waste disposal facility, orders the facility to cease accepting waste, or if
			 the facility otherwise ceases to accept waste, the wastes which would have been
			 accepted by the facility shall be diverted to a permitted solid waste facility
			 with adequate disposal capacity. The diversion shall require a minor
			 modification of the permit for the solid waste facility accepting the diverted
			 waste, in accordance with
			 401
			 KAR 47:130.
Section
			 2. The owner or operator of the solid waste disposal facility
			 prohibited from accepting waste shall post and maintain a clearly-legible sign
			 advising the public that waste shall not be disposed at the facility.
STATUTORY AUTHORITY:
				  KRS
				  224.10-100,
				  224.40-305,
				  224.43-340
Kentucky Administrative Regulations › Title 401 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR ENVIRONMENTAL PROTECTION › Chapter 47 - Solid Waste Facilities › Section 401 KAR 47:140 - Public information and permit issuance procedures

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 224.01, 224.10, 224.40, 224.43, 224.46, 224.50,
				224.70, 224.99
NECESSITY, FUNCTION, AND CONFORMITY: KRS Chapter 224 requires
				the cabinet to adopt rules and administrative regulations for the management,
				processing, or disposal of wastes.
				KRS
				224.40-305 requires that persons engaging in
				the management, processing, and disposal of waste obtain a permit. This chapter
				establishes the permitting standards for solid waste sites or facilities, the
				standards applicable to all solid waste sites or facilities, and the standards
				for certification of operators. An overview of the permit program is found in
				Section 1 of
				401 KAR
				47:080. This administrative regulation sets forth
				permit issuance and public information procedures.
Section 1. Application for a Permit.
(1) Any person who is required to have a
			 solid waste site or facility permit under KRS Chapter 224 shall complete, sign
			 and submit an application to the cabinet. Applications are not required for
			 solid waste site or facility permits-by-rule specified in Section 1 of
			 401 KAR
			 47:150.
(2) The cabinet shall not begin the
			 processing of a permit until the applicant has fully complied with the
			 application requirements for that permit.
(3) Permit applications shall comply with the
			 signature and certification requirements of Section 6 of
			 401 KAR
			 47:160.
(4) Upon completing the review, the cabinet
			 shall notify the applicant in writing whether the application is complete or
			 incomplete. If the application is incomplete, the cabinet shall list the
			 information necessary to make the application complete. When the application is
			 for an existing solid waste site or facility, the cabinet shall specify in the
			 notice of deficiency a date for submitting the necessary information. The
			 cabinet shall notify the applicant when the application is complete after
			 receiving this information.
(5) If
			 an applicant fails or refuses to correct deficiencies in the application or
			 submit additional information, the permit shall be denied and, if applicable,
			 enforcement actions taken under the appropriate statutory provision.
(6) If the cabinet decides that a site visit
			 is necessary for any reason in conjunction with the processing of an
			 application, the applicant shall accompany the cabinet representative on a site
			 visit upon request by the cabinet.
(7) The cabinet may require such additional
			 information as it deems necessary for a final determination regarding the
			 application.
Kentucky Administrative Regulations › Title 401 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR ENVIRONMENTAL PROTECTION › Chapter 47 - Solid Waste Facilities › Section 401 KAR 47:150 - Special types of permits

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 224.01, 224.10, 224.40, 224.43, 224.99
NECESSITY, FUNCTION, AND CONFORMITY: KRS Chapter 224 requires
				the cabinet to adopt rules and administrative regulations for the management,
				processing, and disposal of wastes.
				KRS
				224.40-305 requires that persons engaging in
				the management, processing, and disposal of waste obtain a permit. This chapter
				establishes the permitting standards for solid waste sites or facilities, the
				standards applicable to all solid waste sites or facilities, and the standards
				for certification of operators. An overview of the permit program is found in
				Section 1 of
				401 KAR
				47:080. This administrative regulation sets forth the
				requirements for permits-by-rule; emergency permits; and research, development,
				and demonstration permits.
Section 1.
			 Permit-by-rule. Notwithstanding any other provision of this chapter, the
			 following Disposal of certain solid wastes by a practice common to the industry
			 shall be deemed to have a permit-by-rule provided the operation is not in
			 violation of the applicable environmental performance standards of
			 401 KAR
			 47:030, does not present a threat of imminent hazard
			 to human health or substantial environmental impact and the following
			 applicable conditions are met:
(1) Sawdust
			 piles if:
(a) The pile is on the property of
			 the generator; and
(b) The pile
			 does not cause nonpoint pollution of surface water above the water quality
			 standard specified in
			 401 KAR
			 10:031.