Kentucky Administrative Regulations › Title 401 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR ENVIRONMENTAL PROTECTION › Chapter 30 - Waste Management; General Administrative Procedures › Section 401 KAR 30:005 - Definitions for 401 KAR Chapter 30

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS Subchapters 224.01, 224.10, 224.40, 224.43,
				224.46, 224.50, 224.60, 224.99,
				40
				C.F.R. 260.10
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				224.10-100 and the waste management
				provisions of KRS Chapter 224 require the cabinet to promulgate administrative
				regulations for the management of solid, special, and hazardous wastes. This
				administrative regulation defines essential terms, acronyms, and abbreviations
				used in connection with 401 KAR Chapter 30. Some federal terms have been
				modified to conform to Kentucky statutory mandates. 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 30.
Section 1. Definitions. Except as provided in
			 this section, the definitions established in
			 40
			 C.F.R. 260.10, effective September 9, 2005,
			 shall apply.
(1) "100-year flood" means a
			 flood that has a one (1) percent chance of being equaled or exceeded in any
			 given year.
(2) "Administrator",
			 "agency", "assistant administrator", "regional administrator", "director", or
			 "regional director" means cabinet as defined in
			 KRS
			 224.01-010(9).
(3) "Cabinet" is defined by
			 KRS
			 224.01-010(9).
(4) "Coal mining by-products" means any
			 material that:
(a) Is not one (1) of the
			 primary products of a particular coal mining operation;
(b) Is a secondary and incidental product of
			 the particular operation;
(c) Would
			 not be solely and separately mined by the particular operation;
(d) 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;
			 and
(e) May be stored separately in
			 the hope that it can be profitably treated later, such as ore deposit that is
			 too low in grade to be of economic value at the time of
			 mining.
(5) "Coal mining
			 waste" means earth materials which:
(a) Are
			 combustible, physically unstable, acid-forming or toxic-forming;
(b) Are generated during and incidental to
			 the mining and extraction of coal and to the washing and crushing of
			 coal;
(c) Does not include used
			 oil, paints, or flammable liquids; and
(d) Shall include refuse, overburden, and
			 coal mining by-products.
(6) "Contaminate" means the introduction of 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,
			 401 KAR
			 47:030, Sections 5 and 6, or
			 401
			 KAR 34:060, Section 5;
(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
			 401
			 KAR 34:060, Section 5; or
(c) A significant increase above established
			 background levels, for substances that do not have an established maximum
			 contamination level.
(7)
			 "Contamination" means the degradation of naturally occurring water, air, or
			 soil quality either directly or indirectly as a result of human
			 activities.
(8) "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.
(9) "Disposal" is defined by
			 KRS
			 224.01-010(10).
(10) "Endangered or threatened species" means
			 any species listed as endangered or threatened pursuant to Section 4 of the
			 Endangered Species Act, as amended,
			 16
			 U.S.C. 1533.
(11) "Environmental Protection Agency" or
			 "EPA" means the Kentucky Department for Environmental Protection except if used
			 in the phrases "EPA hazardous waste number", "EPA identification number", "EPA
			 Region", "EPA Acknowledgment of Consent", "EPA Test Methods", or "EPA
			 publications".
(12) "Equivalent
			 method" means any testing or analytical method authorized under 401 KAR Chapter
			 31, or methods in 401 KAR Chapters 47 and 48.
(13) "Federal Register" means the
			 Administrative Register of Kentucky as described in
			 KRS
			 13A.050.
(14) "Generator" is defined by
			 KRS
			 224.01-010(13).
(15) "Hazardous waste" is defined by
			 KRS
			 224.01-010(31)(b).
(16) "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.
(17) "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.
(18) "Manifest" is defined by
			 KRS
			 224.01-010(37).
(19) "Overburden" means:
(a) All of the earth and other geologic
			 materials, excluding topsoil, which lie above a natural deposit of coal;
			 and
(b) The earth and other
			 material after removal from their natural state in the process of
			 mining.
(20) "Permit"
			 means the authorization or other control document that:
(a) Is issued by the cabinet to implement the
			 requirements of the waste management administrative regulations;
(b) Includes permit-by-rule, registered
			 permit-by-rule, research, development, and demonstration permit, and emergency
			 permit; and
(c) Does not include
			 draft permit or proposed permit.
(21) "Person" is defined by
			 KRS
			 224.01-010(17).
(22) "Publicly owned treatment works" is
			 defined by
			 KRS
			 224.01-010(19).
(23) "RCRA" means the Resource Conservation
			 and Recovery Act (42 U.S.C.
			 6901 et seq).
(24) "Recycling" is defined by
			 KRS
			 224.01-010(22).
(25) "Refuse" means waste material in the raw
			 coal which it is the object of cleaning to remove.
(26) "Solid waste" is defined in
			 KRS
			 224.01-010(31)(a).
(27) "State" means the Commonwealth of
			 Kentucky.
(28) "Storage" is defined
			 by
			 KRS
			 224.01-010(28).
(29) "Termination" is defined by
			 KRS
			 224.01-010(26).
(30) "Transfer facility" is defined by
			 KRS
			 224.01-010(48).
(31) "Transportation" is defined by
			 KRS
			 224.01-010(29).
(32) "Treatment" is defined by
			 KRS
			 224.01-010(30).
(33) "United States" means the Commonwealth
			 of Kentucky.
(34) "Used oil" is
			 defined by
			 KRS
			 224.50-545(2)(a).
(35) "Washout" means the carrying away of
			 waste by waters as a result of flooding.
(36) "Waste" is defined by
			 KRS
			 224.01-010(31).
(37) "Water" or "Waters of the Commonwealth"
			 is defined by
			 KRS
			 224.01-010(33).
(38) "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.