Kentucky Administrative Regulations › Title 401 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR ENVIRONMENTAL PROTECTION › Chapter 47 - Solid Waste Facilities › Section 401 KAR 47:005 - Definitions related to 401 KAR Chapter 47

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 224.10, 224.40, 224.43,
				40
				C.F.R. 257.2,
				258.2
NECESSITY, FUNCTION, AND CONFORMITY: KRS Chapter 224 requires
				the cabinet to adopt administrative regulations for the management, processing,
				and disposal of solid wastes. This chapter establishes standards applicable to
				all solid wastes or facilities. This administrative regulation defines
				essential terms that are used in this chapter.
Section 1. Definitions. Unless otherwise
			 specifically defined in KRS Chapter 224 or otherwise specifically indicated by
			 context, terms in 401 KAR Chapter 47 shall have the meanings given in this
			 Section.
(1) "100-year floodplain" means any
			 land area which is subject to a one (1) percent or greater chance of flooding
			 in any given year from any source.
(2) "100-year flood" means a flood that has a
			 one (1) percent chance of being equaled or exceeded in any given
			 year.
(3) "Aboveground tank" means
			 a device meeting the definition of "tank" and that is situated in such a way
			 that the entire surface area of the tank is completely above the plane of the
			 adjacent surrounding surface and the entire surface area of the tank (including
			 the tank bottom) is able to be visually inspected.
(4) "Active fault" means a land area which,
			 according to the weight of geological evidence, has a reasonable probability of
			 being affected by movement along a fault to the extent that a waste site or
			 facility would be damaged and thereby pose a threat to human health and the
			 environment.
(5) "Active life" of a
			 facility means the period from the initial receipt of waste at a waste site or
			 facility until the cabinet receives certification of final closure.
(6) "Active portion" means any area of a
			 facility where treatment, storage, or disposal operations are being or have
			 been conducted and which have not been closed. It includes the treated area of
			 a landfarm and the active face of a landfill. Covered, closed, or inactive
			 portions of landfills, building roofs, and roads are excluded unless designated
			 as "active portions" by the cabinet.
(7) "Administrative application" means the
			 standard forms and format used for applying for a solid waste site or facility
			 permit as specified in
			 401 KAR
			 47:160 and
			 401
			 KAR 47:180.
(8) "Admixed liner" means a liner made from a
			 mixture of any of a multitude of materials, often asphalt or cement, with
			 widely varying physical and chemical properties. Admixed liners shall be
			 demonstrated to be structurally sound and chemically resistant to the waste
			 placed in it so as to be capable of supporting the waste without cracking or
			 disintegrating or allowing waste or leachate to escape.
(9) "Agricultural waste" means any
			 nonhazardous waste resulting from the production and processing of on-the-farm
			 agricultural products, including manures, prunings and crop residues.
(10) "Airport" means public-use airport open
			 to the public without prior permission and without restrictions within the
			 physical capacities of available facilities.
(11) "Application" means the form approved by
			 the cabinet for applying for a permit, including any additions, revisions or
			 modifications and any narrative and drawings required by 401 KAR Chapters 47 or
			 48.
(12) "Aquifer" means a geologic
			 formation, group of formations, or part of a formation capable of yielding a
			 significant amount of groundwater to wells or springs.
(13) "Attenuation" means any decrease in the
			 maximum concentration or total quantity of an applied chemical or biological
			 constituent in a fixed time or distance traveled resulting from a physical,
			 chemical, or biological reaction or transformation occurring in the zone of
			 aeration or zone of saturation.
(14) "Authorized representative" means the
			 person responsible for the overall operation of a facility or an operational
			 unit or part of a facility, such as the plant manager, superintendent, or
			 person of equivalent responsibility.
(15) "Base flood" means a flood that has a
			 one (1) percent or greater chance of recurring in any year, or a flood of a
			 magnitude equaled or exceeded once in 100 years on the average over a
			 significantly long period.
(16)
			 "Battery" means a device consisting of one or more electrically connected
			 electrochemical cells which is designed to receive, store, and deliver electric
			 energy. An electrochemical cell is a system consisting of an anode, cathode,
			 and an electrolyte, plus such connections (electrical and mechanical) as may be
			 needed to allow the cell to deliver or receive electrical energy. The term
			 battery also includes an intact, unbroken battery from which the electrolyte
			 has been removed.
(17) "Bird
			 hazard" means an increase in the likelihood of bird or aircraft collisions that
			 may cause damage to the aircraft or injury to its occupants.
(18) "Cabinet" shall have the meaning
			 specified in
			 KRS
			 224.01-010.
(19) "Cation exchange capacity" means the sum
			 of exchangeable cations a soil can absorb expressed in milliequivalents per 100
			 grams of soil as determined by sampling the soil to the depth of cultivation or
			 solid waste placement, whichever is greater, and analyzing by the summation
			 method for distinctly acid soils or the sodium acetate method for neutral,
			 calcareous, or saline soils.
(20)
			 "Cell" means a portion of any landfill which is isolated, usually by means of
			 an approved barrier.
(21)
			 "Certification" means a statement of professional opinion based upon knowledge
			 and belief.
(22) "Closed portion"
			 means that portion of a facility which an owner or operator has closed in
			 accordance with the approved facility closure plan and all applicable closure
			 requirements.
(23) "Closed unit"
			 means any solid waste unit that no longer receives waste as of May 8, 1990 and
			 has received all required final layers of cover material.
(24) "Closure care" means the routine care,
			 maintenance, monitoring, and any required corrective action of a solid waste
			 disposal site or facility following certification of closure until the
			 applicable requirements are met.
(25) "Closure" shall have the meaning
			 specified in
			 KRS
			 224.01-010.
(26) "Coal mining solid waste" means solid
			 waste, as defined by
			 KRS 224.01-010, that
			 is generated at, and is incidental to, a coal exploration operation or surface
			 mining and reclamation operation regulated under KRS Chapter 350, and shall not
			 include wastes generated by households, communities, cities, counties, or any
			 person or business other than those regulated under KRS Chapter 350.
(27) "Coal mining waste" means earth
			 materials which are combustible, physically unstable, or acid-forming or
			 toxic-forming, that are generated during and incidental to the mining and
			 extraction of coal and to the washing and crushing of coal. The term does not
			 include used oil, paints or flammable liquids. The term includes the following:
(a) Refuse which is that waste material in
			 the raw coal which it is the object of cleaning to remove;
(b) Overburden which includes all of the
			 earth and other geologic materials, excluding topsoil, which lie above a
			 natural deposit of coal and also means such earth and other material after
			 removal from their natural state in the process of mining; and
(c) Coal mining by-products which include any
			 material that is not one (1) of the primary products of a particular coal
			 mining operation, is a secondary and incidental product of the particular
			 operation and would not be solely and separately mined by the particular
			 operation. The term does not include an intermediate mining product which
			 results from one (1) of the steps in a mining process and is processed through
			 the next step of the process within a short time. An example of a coal mining
			 by-product is that part of the ore deposit that is too low in grade to be of
			 economic value at the time, but which is stored separately in the hope that it
			 can be profitably treated later.
(28) "Collection box" shall have the meaning
			 specified in
			 KRS
			 224.01-010.
(29) "Commercial solid waste" shall have the
			 meaning specified in
			 KRS
			 224.01-010.
(30) "Component" means either the tank or
			 ancillary equipment of a tank system.
(31) "Compost" shall have the meaning
			 specified in
			 KRS
			 224.01-010.
(32) "Composting" shall have the meaning
			 specified in
			 KRS
			 224.01-010.
(33) "Conditionally exempt small quantity
			 generator" means:
(a) A generator who
			 generates no more than 100 kilograms of hazardous waste in a calendar month;
			 and
(b) A generator who generates
			 acutely hazardous waste listed in Sections 2, 3, and 4(5) of
			 401 KAR
			 31:040 in a calendar month in quantities greater than
			 one (1) kilogram. All quantities of that acutely hazardous waste are subject to
			 administrative regulation under 401 KAR Chapters 32 through 39, and the
			 notification and permitting requirements of
			 KRS 224.01-400,
			 224.40-310,
			 224.46-510,
			 224.46-580,
			 and
			 224.50-130
			 to
			 224.50-413.
(34) "Confined aquifer" means an aquifer
			 bounded above and below by impermeable beds or by beds of distinctly lower
			 permeability than that of the aquifer itself; an aquifer containing confined
			 groundwater.
(35)
			 "Construction/demolition debris landfill" means a solid waste site or facility
			 for the disposal of construction/demolition waste. The technical requirements
			 for construction/demolition debris landfills are found in
			 401 KAR
			 47:080,
			 401 KAR
			 48:050, and
			 401
			 KAR 48:060.
(36) "Construction/demolition waste" means
			 waste resulting from the construction, remodeling, repair, and demolition of
			 structures and roads, and for the disposal of uncontaminated solid waste
			 consisting of vegetation resulting from land clearing and grubbing, utility
			 line maintenance, and seasonal and storm related cleanup.
(37) "Construction materials" means
			 nonhazardous nonsoluble material, including but not limited to steel, concrete,
			 brick, asphalt roofing material, or lumber from a construction or demolition
			 project. Mixture of construction and demolition debris with any amount of other
			 types of waste may cause it to be classified as other than construction
			 materials.
(38) "Contained
			 landfill" means a solid waste site or facility that accepts solid waste for
			 disposal. The technical requirements for contained landfills are found in
			 401 KAR
			 47:080,
			 401 KAR
			 48:050, and
			 401 KAR
			 48:070 to
			 401 KAR
			 48:090.
(39) "Contaminate" means introduce a
			 substance that would cause:
(a) The
			 concentration of that substance in the groundwater to exceed the maximum
			 contaminant level specified in
			 401 KAR
			 30:031, Sections 5 and 6 of
			 401 KAR
			 47:030, or Section 8 of
			 401
			 KAR 34:060;
(b) An increase in the concentration of that
			 substance in the groundwater where the existing concentration of that substance
			 exceeds the maximum contaminant level specified in
			 401 KAR
			 30:031,
			 401 KAR
			 47:030, or Section 8 of
			 401
			 KAR 34:060; or
(c) A significant increase above established
			 background levels, for substances that do not have an established maximum
			 contamination level.
(40)
			 "Contamination" means the degradation of naturally occurring water, air, or
			 soil quality either directly or indirectly as a result of human
			 activities.
(41) "Contingency plan"
			 means a document setting out an organized, planned, and coordinated course of
			 action to be followed in the event of a fire, explosion, or release of waste or
			 waste constituents into the environment which has the potential for endangering
			 human health and the environment. Financial planning to identify resources for
			 initiation of such action is a part of contingency plan development.
(42) "Convenience center" shall have the
			 meaning specified in
			 KRS
			 224.01-010.
(43) "Cover material" means soil or other
			 suitable material that is spread and compacted on the top and side slopes of
			 disposed waste in order to control disease vectors, gases, erosion, fires, and
			 infiltration of precipitation or run-on; support vegetation; provide
			 trafficability; or assure an aesthetic appearance.
(44) "Demonstration" shall have the meaning
			 specified in
			 KRS
			 224.01-010.
(45) "Destruction or adverse modification"
			 means an alteration of critical habitat which appreciably diminishes the
			 likelihood of the survival and recovery of threatened or endangered species
			 using that habitat.
(46) "Dike"
			 means an embankment or ridge of either natural or manmade materials used to
			 prevent the movement of liquids, sludges, solids, or other materials.
(47) "Disease vector" means all insects,
			 birds or gnawing animals such as rats, mice or ground squirrels, which are
			 capable of transmitting pathogens.
(48) "Disposal facility" means a facility or
			 part of a facility at which solid waste is intentionally placed into or on any
			 land or water and at which waste will remain after closure.
(49) "Disposal" shall have the meaning
			 specified in
			 KRS
			 224.01-010.
(50) "Domestic sewage" means untreated
			 sanitary wastes that pass through a sewer system.
(51) "Draft permit" shall have the same
			 meaning as "proposed permit".
(52)
			 "Effluent limitations" shall have the same meaning as
			 KRS
			 224.01-010.
(53) "Emergency permit" means a permit issued
			 by the cabinet to temporarily store, treat or dispose of hazardous waste in
			 accordance with the provisions of Section 2 of
			 401 KAR
			 38:060, to temporarily manage, process, or dispose of
			 a solid waste in accordance with the provisions of Section 2 of
			 401 KAR
			 47:150 or to temporarily store, treat, or dispose of
			 special waste in accordance with the provisions of Section 1 of
			 401
			 KAR 45:135.
(54) "Endangered or threatened species" means
			 any species listed as such pursuant to Section 4 of the Endangered Species Act,
			 as amended,
			 16 USC
			 1536.
(55) "Engineer" shall have the meaning
			 specified in
			 KRS
			 322.010. An independent, professional
			 engineer shall be registered in Kentucky pursuant to
			 KRS
			 322.040 and shall be qualified to engage in
			 waste management engineering practices.
(56) "Ephemeral stream" means a stream which
			 flows only in direct response to precipitation in the immediate watershed or in
			 response to the melting of a cover of snow and ice and which has a channel
			 bottom that is always above the local water table.
(57) "Equivalent method" means any testing or
			 analytical method, approved jointly by the administrator and the secretary
			 under 401 KAR Chapter 31, or methods in 401 KAR Chapters 47 and 48, approved by
			 the secretary of the cabinet.
(58)
			 "Existing unit" means any solid waste disposal unit that was receiving solid
			 waste as of May 8, 1990 and has not received the final layers of cover
			 material.
(59) "Explosive gas"
			 means methane (CH4).
(60) "Facility
			 structures" means any buildings and sheds or utility or drainage lines on the
			 solid waste site or facility.
(61)
			 "Facility" means all contiguous land, and structures, other appurtenances, and
			 improvements on the land, used for treating, storing, or disposing of waste. A
			 facility may consist of several treatment, storage, or disposal operational
			 units, such as one (1) or more landfills, surface impoundments, or combination
			 of them.
(62) "Federal agency"
			 means any department, agency, or other instrumentality of the federal
			 government, any independent agency or establishment of the federal government
			 including any government corporation, and the United States Government Printing
			 Office.
(63) "Final closure" of a
			 solid waste site or facility means the approved closure of a solid waste site
			 or facility in accordance with
			 401 KAR
			 30:031,
			 401 KAR
			 47:030 and the applicable requirements of
			 401
			 KAR 48:060,
			 401 KAR
			 48:090,
			 401 KAR
			 48:170, or
			 401 KAR
			 48:200.
(64) "Flood plain" means areas adjoining
			 inland waters which are inundated by the base flood, unless otherwise specified
			 in
			 401 KAR
			 30:031 or
			 401 KAR
			 47:030, and includes: 100-year floodplain and
			 floodway.
(65) "Floodway" means the
			 channel of the waterway, stream or river and that portion of the adjoining
			 floodplain which provides for passage of the 100-year flood flow without
			 increasing the flood-water depth across the 100-year floodplain by more than
			 one (1) foot.
(66) "Food chain
			 crops" means tobacco, crops grown for human consumption, and crops grown for
			 feed for animals whose products are consumed by humans.
(67) "Free liquids" means liquids which
			 readily separate from the solid portion of a waste under ambient temperature
			 and pressure.
(68) "Freeboard"
			 means the vertical distance between the top of a tank or surface impoundment
			 dike and the surface of the waste contained therein.
(69) "Groundwater table" means the upper
			 boundary of the saturated zone in which the hydrostatic pressure of the
			 groundwater is equal to the atmospheric pressure.
(70) "Groundwater" means the subsurface water
			 occurring in the zone of saturation beneath the water table, and perched water
			 zones below the B-soil horizon, including water circulating through fractures,
			 bedding planes, and solution conduits.
(71) "Holocene" means the most recent epoch
			 of the quaternary period, extending from the end of the pleistocene to the
			 present.
(72) "Household solid
			 waste" shall have the meaning specified in
			 KRS
			 224.01-010.
(73) "Hydric soils" means soils that, in
			 their undrained condition, are saturated, flooded, or ponded long enough during
			 a growing season to develop an anaerobic condition that supports the growth and
			 regeneration of hydrophytic vegetation.
(74) "Hydrophytic vegetation" means a plant
			 growing either in water, or in a substrate that is at least periodically
			 deficient of oxygen during a growing season as a result of excessive water
			 content.
(75) "Incinerator" means
			 any enclosed device using controlled flame combustion for burning solid
			 waste.
(76) "Industrial solid
			 waste" shall have the meaning specified in
			 KRS
			 224.01-010.
(77) "Inert landfill" means a facility for
			 the proper disposal of inert, nonsoluble and nonputrescible solid waste,
			 including construction materials, certain industrial or special wastes, and
			 other waste material with specific approval from the cabinet. Certain
			 putrescible wood product wastes (such as cardboard, paper, sawdust, wood chips,
			 and tree trimmings) may be considered by the cabinet for disposal at inert
			 landfills.
(78) "Infectious waste"
			 means those wastes which may cause disease or reasonably be suspected of
			 harboring pathogenic organisms; included are wastes resulting from the
			 operation of medical clinics, hospitals, and other facilities producing wastes
			 which may consist of, but are not limited to, diseased human and animal parts,
			 contaminated bandages, pathological specimens, hypodermic needles, contaminated
			 clothing, and surgical gloves.
(79)
			 "Inground tank" means a device meeting the definition of "tank" in this section
			 and that whereby a portion of the tank is situated to any degree within the
			 ground, thereby preventing visual inspection of that external surface area of
			 the tank that is in the ground.
(80) "Intermittent stream" means a stream or
			 reach of stream that drains a watershed of one (1) square mile or more but does
			 not flow continuously during the calendar year.
(81) "Karst terrain" means a type of
			 topography where limestone, dolomite or gypsum is present and is characterized
			 by naturally occurring closed topographic depressions or sinkholes, caves,
			 disrupted surface drainage, and well developed underground solution channels
			 formed by dissolution of these rocks by water moving underground.
(82) "Key personnel" shall have the meaning
			 specified in
			 KRS
			 224.01-010.
(83) "Landfarming facility" means a facility
			 for land application of sludges or other solid waste by any method for purposes
			 of disposal. It can be on any piece or pieces of land and may improve the
			 physical and chemical qualities of the land for agricultural purposes, but does
			 not alter the topography of the application area as revealed by contours and
			 will not disturb the soil below three (3) feet from the surface.
(84) "Landfill" means a solid waste site or
			 facility for the disposal of specific wastes that is located, designated,
			 constructed, operated, maintained, and closed in conformance with 401 KAR
			 Chapter 47 and 48, and
			 401 KAR
			 30:031, and receives a case-by-case design review by
			 the cabinet.
(85) "Lateral
			 expansion" means a horizontal expansion of the waste boundaries of an existing
			 solid waste landfill unit.
(86)
			 "Leachate" means any liquid including any suspended components in the liquid,
			 that has percolated through or drained from waste.
(87) "Liner" means a continuous layer of
			 natural or manmade material, beneath or on the sides of a waste site or
			 facility, including but not limited to a waste pile, surface impoundment,
			 landfill, or landfill cell, or beneath or on the sides of a waste site or
			 facility which restricts the movement of the wastes, waste constituents, or
			 leachate.
(88) "Lower explosive
			 limit" means the lowest percent by volume of a mixture of explosive gases which
			 will propagate a flame in air at twenty-five (25) degrees Celsius and
			 atmospheric pressure.
(89) "Major
			 modification" means for solid waste sites and facilities, a change meeting the
			 criteria in Section 3 of
			 401
			 KAR 47:130.
(90) "Management facility" means a facility
			 or part of a facility at which solid waste is held for a temporary period, at
			 the end of which solid waste is processed, disposed or managed
			 elsewhere.
(91) "Materials recovery
			 facility" shall have the meaning specified in
			 KRS
			 224.01-010.
(92) "Mining overburden returned to the mine
			 site" means any material overlying an economic mineral deposit which is removed
			 to gain access to that deposit and is then used for reclamation of a surface
			 mine.
(93) "Miscellaneous unit"
			 means a solid waste management unit where waste is disposed and that is not a
			 container, tank, surface impoundment, pile, landfarming unit, landfill,
			 incinerator, underground injection well with appropriate technical standards
			 under 40 CFR Part 146 , or unit eligible for a research, development, and
			 demonstration permit under section 3 of
			 401 KAR
			 47:150.
(94) "Monitoring well" means a well used to
			 obtain water samples for water quality and quantity analysis and groundwater
			 levels.
(95) "Monitoring" means the
			 act of systematically inspecting and collecting data on operational parameters
			 or on the quality of the air, soil, groundwater, or surface water.
(96) "Municipal solid waste disposal
			 facility" shall have the meaning specified in
			 KRS
			 224.01-010.
(97) "Municipal solid waste reduction" shall
			 have the meaning specified in
			 KRS
			 224.01-010.
(98) "Municipal solid waste" shall have the
			 meaning specified in
			 KRS
			 224.01-010.
(99) "Newsprint" shall have the meaning
			 specified in
			 KRS
			 224.01-010.
(100) "Notice of intent" means the standard
			 forms for applying for a solid waste site or facility permit as required by
			 401 KAR
			 47:160,
			 401 KAR
			 47:170 and
			 401 KAR
			 48:200.
(101) "Off-site" means properties
			 noncontiguous to the site.
(102)
			 "On-site" means on the same or geographically contiguous property which may be
			 divided by public or private right-of-way, provided the entrance and exit
			 between the properties is at a crossroads intersection, and access is by
			 crossing, as opposed to going along the right-of-way. Noncontiguous properties
			 owned by the same person but connected by a right-of-way which he controls and
			 to which the public does not have access is also considered on-site
			 property.
(103) "Open burning"
			 means the combustion of any material or solid waste without:
(a) Control of combustion air to maintain
			 adequate temperature for efficient combustion;
(b) Containment of the combustion reaction in
			 an enclosed device to provide sufficient residence time and mixing for complete
			 combustion; and
(c) Control of
			 emission of the gaseous combustion products.
(104) "Open dump" shall have the meaning
			 specified in
			 KRS
			 224.01-010.
(105) "Onground tank" means a device meeting
			 the definition of "tank" in this section and that is situated in such a way
			 that the bottom of the tank is on the same level as the adjacent surrounding
			 surface so that the external bottom of the tank cannot be visually
			 inspected.
(106) "Operational plan"
			 means the approved plan of operations filed with the cabinet which describes
			 the method of operation that the permittee will use in the treatment, storage,
			 or disposal of wastes.
(107)
			 "Operator" means any person responsible for overall operation of an on-site or
			 off-site waste facility, including any private contractor conducting
			 operational activities at a federal facility.
(108) "Owner" means any person who owns an
			 on-site or off-site waste facility, or any part of a facility.
(109) "Perennial stream" means a stream or
			 that part of a stream that flows continuously during all of the calendar year
			 as a result of groundwater discharge or surface run-off. The term does not
			 include "intermittent stream" or "ephemeral stream".
(110) "Periodic application of cover
			 material" means the application and compaction of soil or other suitable
			 material over disposed waste at a solid waste site or facility at the end of
			 each operating day or at such frequencies and in such a manner as to reduce the
			 risks of fire and to impede disease vector's access to the waste.
(111) "Permit by rule" means authorization
			 allowing certain classes of sites or facilities to manage waste consistent with
			 401 KAR Chapters 30 to 49, without submission of a registration or permit
			 application to the cabinet. Examples of solid waste sites or facilities which
			 are permitted by rule include facilities identified in
			 401 KAR
			 47:150.
(112) "Permit" means the authorization or
			 other control document issued by the cabinet to implement the requirements of
			 the waste management administrative regulations. The term permit includes
			 permit-by-rule, registered permit-by-rule, research, development, and
			 demonstration permit, and emergency permit. However, the term permit does not
			 include draft permit or proposed permit.
(113) "Permittee" means any person holding a
			 valid permit issued by the cabinet to manage, treat, store, or dispose of
			 waste.
(114) "Person" shall have
			 the meaning specified in
			 KRS
			 224.01-010.
(115) "Personnel" or "facility personnel"
			 means all persons who work at or oversee the operations of a waste facility,
			 and whose actions or failure to act may result in noncompliance with the
			 requirements of the waste management administrative regulations.
(116) "Pile" or "waste pile" means any
			 noncontainerized accumulation of nonflowing solid waste that is used for
			 processing or management.
(117)
			 "Point of compliance" means for solid waste site and facilities, groundwater
			 monitoring wells located within 250 feet of the waste boundary as approved by
			 the cabinet.
(118) "Point source"
			 means any discernible, confined, and discrete conveyance including but not
			 limited to any pipe, ditch, channel, tunnel, conduit, well, discrete fissure,
			 container, rolling stock, concentrated animal feeding operation, vessel or
			 other floating craft from which pollutants are or may be discharged. This term
			 does not include return flows from irrigated agriculture.
(119) "Pollutant" shall have the same meaning
			 as
			 KRS
			 224.01-010.
(120) "Polychlorinated biphenyls" or "PCB"
			 means halogenated organic compounds defined in accordance with
			 40 CFR
			 761.2 as of July 1989.
(121) "Postclosure" shall have the same
			 meaning as "closure care."
(122)
			 "Postclosure care" means the manner in which a facility shall be maintained
			 when it no longer accepts waste for disposal.
(123) "Postclosure monitoring and
			 maintenance" shall have the meaning specified in
			 KRS
			 224.01-010.
(124) "Postconsumer waste paper" shall have
			 the meaning specified in
			 KRS
			 224.01-010.
(125) "Processing facility" means a facility
			 or part of a facility using any method, technique or procedure, including
			 neutralization, designed to change the physical, chemical, or biological
			 character or composition of any solid waste so as to neutralize such waste, or
			 so as to recover energy or material resources from the waste, or so as to
			 render such waste less hazardous; safer to transport, store, or dispose of; or
			 amenable for recovery, amenable for handling or reduced in volume.
(126) "Proposed permit" means a document
			 prepared by the cabinet indicating the cabinet's tentative decision to issue or
			 deny, modify, revoke or terminate a permit.
(127) "Publicly owned treatment works" or
			 "POTW" shall have the meaning specified in
			 KRS
			 224.01-010.
(128) "Publisher" shall have the meaning
			 specified in
			 KRS
			 224.01-010.
(129) "Putrescible" means susceptible to
			 rapid decomposition by bacteria, fungi, or oxidation sufficient to cause
			 nuisances such as odors, gases, or other offensive conditions.
(130) "Qualified groundwater scientist" means
			 a geologist registered in Kentucky who has received a baccalaureate or
			 postgraduate degree in the natural sciences or engineering, and has sufficient
			 training and experience in groundwater hydrology and related fields to enable
			 that individual to make sound professional judgments regarding groundwater
			 monitoring and contaminant fate and transport.
(131) "Recharge zone" means an area supplying
			 the water which enters an underground drinking water source.
(132) "Recovered material processing
			 facility" shall have the meaning specified in
			 KRS
			 224.01-010.
(133) "Recovered material" shall have the
			 meaning specified in
			 KRS
			 224.01-010.
(134) "Recycled content" shall have the
			 meaning specified in
			 KRS
			 224.01-010.
(135) "Recycling center" means a facility or
			 a part of a facility at which solid waste is received and managed in a manner
			 amenable for the recovery of material or energy. This term does not include
			 recycling facilities.
(136)
			 "Recycling facility" means a facility or a part of a facility at which solid
			 waste is processed to reclaim material or energy from the solid
			 waste.
(137) "Recycling" shall have
			 the meaning specified in
			 KRS
			 224.01-010.
(138) "Refuse-derived fuel" shall have the
			 meaning specified in
			 KRS
			 224.01-010.
(139) "Registered permit by rule" means that
			 certain classes of solid waste sites or facilities as specified in
			 401 KAR
			 47:080 have a permit as provided in
			 401 KAR
			 47:110 or
			 401 KAR
			 48:200.
(140) "Representative sample" means a sample
			 of a universe or whole (for example, waste pile, lagoon, or groundwater) which
			 can be expected to exhibit the average properties of the universe or
			 whole.
(141) "Research,
			 development, and demonstration permit" means a solid waste treatment or
			 disposal facility using innovative and experimental technology as specified in
			 sections of
			 401 KAR
			 47:150.
(142) "Residential landfill" means a facility
			 for the proper disposal of solid waste including residential waste, commercial
			 waste, institutional waste, and those sludges, industrial or special waste with
			 specific approval from the cabinet.
(143) "Residual landfill" means a facility
			 for the disposal of specific solid waste(s), including special waste, which is
			 located, designed, constructed, operated, maintained, and closed in conformance
			 with
			 401 KAR
			 30:031 and
			 401 KAR
			 47:030 and which receives a case-by-case design review
			 by the cabinet.
(144) "Resource
			 recovery" means the recovery of material or energy from waste.
(145) "Run-off" means any rainwater,
			 leachate, or other liquid that drains overland from any part of a
			 facility.
(146) "Run-on" means any
			 rainwater, leachate, or other liquid that drains overland onto any part of a
			 facility.
(147) "Salvaging" means
			 the controlled removal of waste materials for utilization in a manner approved
			 by the cabinet.
(148) "Sanitary
			 landfill" means a facility for the disposal of solid waste that complies with
			 401 KAR
			 30:031 and
			 401 KAR
			 47:030.
(149) "Saturated zone" shall have the same
			 meaning as "zone of saturation".
(150) "Scavenging" means the removal of waste
			 materials from a waste management site or facility in a manner deemed by the
			 cabinet to be dangerous to the health and safety of any person.
(151) "Schedule of compliance" means a
			 schedule of remedial measures included in a permit or cabinet order, including
			 an enforceable sequence of interim requirements (for example, actions,
			 operations, or milestone events) leading to compliance with KRS Chapter 224 and
			 401 KAR Chapters 30 to 49.
(152)
			 "Secretary" shall have the meaning specified in
			 KRS
			 224.01-010.
(153) "Sewage system" shall have the meaning
			 specified in
			 KRS
			 224.01-010.
(154) "Site" means the land or water area
			 where any facility or activity is physically located or conducted, including
			 adjacent land used in connection with the waste facility or activity.
(155) "Sludge dryer" means any enclosed
			 thermal treatment device that is used to dehydrate sludge and that has a
			 maximum total thermal input, excluding the heating value of the sludge itself,
			 of 2,500 BTU per pound of sludge treated on a wet-weight basis.
(156) "Sludge" means any solid, semisolid, or
			 liquid waste generated from a municipal, commercial, or industrial wastewater
			 treatment plant, water supply treatment plant, or air pollution control
			 facility exclusive of the treated effluent from a wastewater treatment plant or
			 any other waste having similar characteristics and effects.
(157) "Small quantity generator" means a
			 generator who generates more than 100 kilograms but less than 1000 kilograms of
			 hazardous waste in a calendar month.
(158) "Solid waste" shall have the same
			 meaning as
			 KRS
			 224.01-010.
(159) "Solid waste management area" or "area"
			 shall have the meaning specified in
			 KRS
			 224.01-010.
(160) "Solid waste management facility" shall
			 have the meaning specified in
			 KRS
			 224.01-010.
(161) "Solid waste management" shall have the
			 meaning specified in
			 KRS
			 224.01-010.
(162) "Solid waste site or facility" means
			 any place at which solid waste is managed, processed or disposed by
			 landfilling, incineration, landfarming or any other method. The term includes:
			 construction/demolition debris landfill; collection box; contained landfill;
			 convenience center; disposal facility; incinerator; injection well; landfarming
			 facility; management facility; miscellaneous unit; municipal solid waste
			 disposal facility; pile or waste pile; processing facility; recycling center;
			 recycling facility; residual landfill; sanitary landfill; surface impoundment;
			 tank; transfer facility; unit or solid waste unit; wastewater treatment unit;
			 inert landfill; or residential landfill.
(163) "Solid waste unit" means a contiguous
			 area of land on or in which solid waste is placed, or the largest area in which
			 there is significant likelihood of mixing waste constituents in the same area.
			 Examples of solid waste units include a surface impoundment, a waste pile, a
			 land processing area, a landfill cell, an incinerator, a tank and its
			 associated piping and underlying containment system, and a container storage
			 area. A container alone does not constitute a unit; the unit includes
			 containers and the land or pad upon which they are placed.
(164) "State" means any of the fifty (50)
			 states, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin
			 Islands, American Samoa, the Northern Mariana Islands or Guam but does not
			 include any foreign country.
(165)
			 "Storage" shall have the meaning specified in
			 KRS
			 224.01-010.
(166) "Surface impoundment" means a facility
			 or part of a facility which is a natural topographic depression, manmade
			 excavation, or diked area formed primarily of earthen materials (although it
			 may be lined with manmade materials), which is designed to hold an accumulation
			 of liquid wastes or wastes containing free liquids, and which is not an
			 injection well. Examples of surface impoundments are holding, storage,
			 settling, and aeration pits, ponds, and lagoons.
(167) "Tank" means a stationary device
			 designed to contain an accumulation of leachate or solid waste that is
			 constructed primarily of nonearthen materials (for example, wood, concrete,
			 steel, or plastic) which provide structural support.
(168) "Tank system" means a solid waste tank
			 and its associated piping, ancillary equipment and containment
			 system.
(169) "Technical
			 application" means the standard format for applying for a solid waste site or
			 facility permit as specified in
			 401 KAR
			 47:160 and
			 401
			 KAR 47:190.
(170) "Termination" shall have the meaning
			 specified in
			 KRS
			 224.01-010.
(171) "Transfer facility" shall have the
			 meaning specified in
			 KRS
			 224.01-010.
(172) "Transport vehicle" means a motor
			 vehicle or rail car used for the transportation of cargo by any mode. Each
			 cargo-carrying body is a separate transport vehicle.
(173) "Transportation" shall have the meaning
			 specified in
			 KRS
			 224.01-010.
(174) "Trenching or burial operation" means
			 the placement of sewage sludge or septic tank pumpings in a trench or other
			 natural or manmade depression and the covering with soil or other suitable
			 material at the end of each operating day such that the waste does not migrate
			 to the surface.
(175) "Underground
			 drinking water source" means:
(a) An aquifer
			 supplying drinking water for human consumption; or
(b) An aquifer in which the groundwater
			 contains less than 10,000 mg/l total dissolved solids.
(176) "Underground tank" means a device
			 meeting the definition of "tank" in this section whose entire surface area is
			 totally below the surface of and covered by the ground.
(177) "Unfit-for-use tank system" means a
			 tank system that has been determined through an integrity assessment or other
			 inspection to be no longer capable of managing or processing solid waste
			 without posing a threat of release of waste to the environment.
(178) "Unit" shall have the same meaning as
			 "solid waste unit".
(179)
			 "Universal collection" shall have the meaning specified in
			 KRS
			 224.01-010.
(180) "Unsaturated zone" shall have the same
			 meaning as "Zone of aeration".
(181) "Uppermost aquifer" means the geologic
			 formation nearest the natural ground surface that is an aquifer, as well as
			 lower aquifers that are hydraulically interconnected with this aquifer within
			 the facility's property boundary.
(182) "Vessel" means any watercraft used or
			 capable of being used as a means of transportation on the water.
(183) "Washout" means the carrying away of
			 waste by waters as a result of flooding.
(184) "Waste boundary" means:
(a) The outermost perimeter of the waste
			 (projected in the horizontal plane) as it would exist at completion of the
			 disposal activity; or
(b) An
			 alternative boundary for a solid or special waste disposal facility which may
			 be used in lieu of paragraph (a) when the cabinet finds that such a change
			 would not result in the contamination of groundwater which may be needed or
			 used for human consumption. Such a finding shall be based on an analysis and
			 consideration of all the factors identified in the following subparagraphs of
			 this paragraph that are relevant:
1. The
			 hydrogeological characteristics of the facility and surrounding land including
			 any natural attenuation and dilution characteristics of the aquifer;
2. The volume and physical and chemical
			 characteristics of the leachate;
3.
			 The quantity, quality, and direction of flow of groundwater underlying the
			 facility;
4. The proximity and
			 withdrawal rates of groundwater users;
5. The availability of alternative drinking
			 water supplies;
6. The existing
			 quality of the groundwater, including other sources of contamination and their
			 cumulative impacts on the groundwater; and
7. Public health, safety, and welfare
			 effects.
(185)
			 "Waste disposal facility" shall have the same meaning as
			 KRS
			 224.40-310.
(186) "Waste management district" shall have
			 the meaning specified in
			 KRS
			 224.01-010.
(187) "Waste pile" shall have the same
			 meaning as "pile".
(188) "Waste
			 site or facility" shall have the meaning specified in
			 KRS
			 224.01-010.
(189) "Waste" shall have the meaning
			 specified in
			 KRS
			 224.01-010.
(190) "Wastewater treatment unit" means a
			 tank which is part of a wastewater treatment facility which is subject to
			 administrative regulation under either Section 402 or Section 307(b) of the
			 Clean Water Act of 1972 and which receives, treats, stores, generates, or
			 accumulates influent wastewater or receives, manages, processes, generates or
			 accumulates wastewater treatment sludge, either of which is a solid
			 waste.
(191) "Water pollution"
			 shall have the meaning specified in
			 KRS
			 224.01-010.
(192) "Water" or "waters of the Commonwealth"
			 shall have the meaning specified in
			 KRS
			 224.01-010.
(193) "Well" means any shaft or pit dug or
			 bored into the earth, generally of cylindrical form, and often walled with
			 bricks or tubing to prevent the earth from caving in.
(194) "Wetlands" means land that has a
			 predominance of hydric soils and is inundated or saturated by surface or
			 groundwater at a frequency and duration sufficient to support, and that under
			 normal circumstances does support, a prevalence of hydrophytic vegetation
			 typically adapted for life in saturated soil conditions.
(195) "Zone of aeration" means that region of
			 the soil or rock between the land surface and the nearest saturated zone in
			 which the interstices are occupied partially by air.
(196) "Zone of incorporation" means the depth
			 to which the soil on a landfarm is plowed, tilled, or otherwise designed to
			 receive waste.
(197) "Zone of
			 saturation" means that part of the earth's crust containing groundwater in
			 which all voids, large and small, are filled with liquid.