Kentucky Administrative Regulations › Title 401 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR ENVIRONMENTAL PROTECTION › Chapter 47 - Solid Waste Facilities › Section 401 KAR 47:100 - General provisions for obtaining a solid waste permit

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 224.40-305
				requires that persons who engage in the management, processing, and disposal of
				waste first obtain a waste facility permit from the cabinet. 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 certified operators. This administrative regulation establishes the
				procedures for obtaining a permit for a solid waste facility.
Section 1. Overview of the Solid Waste Site
			 or Facility Permit Program. This administrative regulation sets forth the
			 specific requirements for the solid waste site or facility permitting program.
			 KRS
			 224.40-305 requires acquisition of a permit
			 to establish, construct, operate and maintain a waste site or facility. The
			 term waste site or facility is defined in
			 KRS 224.01-010. Owners
			 or operators of solid waste sites or facilities shall have permits during the
			 active life (including the closure period) of the facility and, for any
			 facility that closes after July 1, 1992, during any closure care period
			 required under 401 KAR Chapter 48.
Section
			 2. Scope of the Permit Requirements.
(1) The permit process is specified in
			 401 KAR
			 47:160. A permit application consists of three (3)
			 parts: notice of intent to apply for a solid waste permit (see
			 401 KAR
			 47:170 or
			 401 KAR
			 48:200) , an administrative application (see
			 401
			 KAR 47:180) , and a technical application (see
			 401
			 KAR 47:190) . The permit program has separate
			 additional administrative regulations that contain technical requirements.
			 These separate administrative regulations are used by the cabinet to determine
			 whether permits shall be issued and what conditions to those permits are
			 required. These separate administrative regulations are located in this chapter
			 and 401 KAR Chapter 48.
(2)
			 Specific exclusions. The following persons are among those who are not required
			 to obtain a solid waste site or facility permit:
(a) Disposers of agricultural waste,
			 including manures and crop residues returned to the soil as fertilizers or soil
			 conditioners by practices common to soil conditioning, provided the wastes are
			 used on the same farm on which they are generated;
(b) Disposers of mining over-burden, coal
			 mining wastes, refuse, and coal mining by-products returned to the mine site on
			 the site of generation, including any nonhazardous solid waste generated
			 directly as a result of the mining operation on site;
(c) Owners or operators of injection wells
			 that dispose of solid waste with an underground injection control permit issued
			 by the U.S. EPA, providing they comply with the conditions of that
			 permit;
(d) Users of septic tanks
			 in compliance with
			 KRS
			 211.972 through
			 211.982;
(e) Owners or operators of mining surface
			 impoundments and other surface impoundments with Kentucky Pollution Discharge
			 and Elimination System (KPDES) permits, providing they comply with the
			 conditions of their permit;
(f)
			 Persons managing solid waste during immediate response to any of the following
			 situations:
1. A spill of a solid
			 waste;
2. An imminent and
			 substantial threat of a spill of solid waste; or
3. A spill of a material which, when spilled,
			 becomes a solid waste; and
(g) Owners or operators of surface
			 impoundments receiving solid waste that treat domestic sewage that does not
			 contain any industrial wastewater, or are publicly owned treatment works (POTW)
			 for the treatment of domestic sewage, if the facility complies with the
			 conditions of its KPDES or NPDES permit.
(3) Specific inclusions. Owners and operators
			 of certain facilities with permits under other programs for certain aspects of
			 the facility operation shall also obtain solid waste site or facility permits.
			 The following types of facilities are required to have solid waste site or
			 facility permits:
(a) Solid waste sites or
			 facilities which have or have had a surface mining permit and dispose of wastes
			 other than mine spoils or coal mining solid wastes; and
(b) Any person who initiates or continues
			 solid waste containment or disposal activities after an immediate response
			 deadline is passed is subject to all applicable requirements of this chapter
			 and 401 KAR Chapter 48 for those activities.
(4) Permits for less than an entire facility.
			 The cabinet may issue or deny a permit for one (1) or more units at a facility
			 without simultaneously issuing or denying a permit to all of the units at the
			 facility. A granted permit-by-rule for any unit for which a permit has not been
			 issued or denied is not affected by the issuance or denial of a permit to any
			 other unit at the facility.