Kentucky Administrative Regulations › Title 401 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR ENVIRONMENTAL PROTECTION › Chapter 48 - Standards for Solid Waste Facilities › Section 401 KAR 48:005 - Definitions related to 401 KAR Chapter 48

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 224.1, 224.10, 224.40, 224.43, 224.50, 224.99,
				40 C.F.R. Part 258
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
				chapter establishes technical requirements applicable to the management of
				solid waste. This administrative regulation establishes definitions for terms
				used in the administrative regulations of 401 KAR Chapter 48.
Section 1. Definitions. Unless otherwise
			 specifically defined in KRS Chapter 224 or otherwise specifically indicated by
			 context, terms in 401 KAR Chapter 48 shall have the meanings given in this
			 section.
(1) "100-year floodplain" means any
			 land area that is subject to a one (1) percent or greater chance of flooding in
			 any given year from any source.
(2)
			 "Above ground tank" means a device meeting the definition of "tank" and that is
			 situated so 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.
(3) "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.
(4) "Acute hazardous waste" is defined by
			 401 KAR
			 39:005.
(5) "Airport" means public-use airport open
			 to the public without prior permission and without restrictions within the
			 physical capacities of available facilities.
(6) "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.
(7) "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.
(8) "Authorized representative" means the
			 person responsible for the overall operation of a facility or an operational
			 unit or part of a facility, including the plant manager, superintendent, or
			 person of equivalent responsibility.
(9) "Bird hazard" means an increase in the
			 likelihood of bird and aircraft collisions that could cause damage to the
			 aircraft or injury to its occupants.
(10) "Cabinet" is defined by
			 KRS
			 224.1-010(8).
(11) "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.
(12)
			 "Cell" means a portion of any landfill that is isolated, usually by means of an
			 approved barrier.
(13)
			 "Certification" means a statement of professional opinion based upon knowledge
			 and belief.
(14) "Closure" is
			 defined by
			 KRS
			 224.1-010(4).
(15)"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.
(16) "Conditionally exempt small quantity
			 generator" means "very small quantity generator" as defined by
			 40
			 C.F.R. 260.10.
(17) "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 established in
			 401 KAR
			 47:080,
			 401 KAR
			 48:050, and
			 401
			 KAR 48:060.
(18) "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.
(19) "Contained landfill" means a solid waste
			 site or facility that accepts solid waste for disposal that is located,
			 designated, constructed, operated, maintained, and closed in accordance with
			 401 KAR
			 47:080,
			 401 KAR
			 48:050, and
			 401 KAR
			 48:070 through
			 401 KAR
			 48:090.
(20) "Contaminate" means introduce a
			 substance that would cause:
(a) The
			 concentration of that substance in the groundwater to exceed the maximum
			 contaminant level established in
			 401 KAR
			 30:031,
			 401 KAR
			 47:030, Sections 5 and 6, or
			 401 KAR
			 39:090, Section 8;
(b) An increase in the concentration of that
			 substance in the groundwater if the existing concentration of that substance
			 exceeds the maximum contaminant level established in
			 401 KAR
			 30:031,
			 401 KAR
			 47:030, or
			 401 KAR
			 39:090, Section 8; or
(c) A significant increase above established
			 background levels, for substances that do not have an established maximum
			 contamination level.
(21)
			 "Contamination" means the degradation of naturally occurring water, air, or
			 soil quality either directly or indirectly as a result of human
			 activities.
(22) "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 that has the potential for endangering
			 human health or the environment. Financial planning to identify resources for
			 initiation of the action is a part of contingency plan development.
(23) "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.
(24) "Demonstration" is defined by
			 KRS
			 224.1-010(7).
(25) "Disease vector" means all insects,
			 birds, or gnawing animals, including rats, mice, or ground squirrels, which are
			 capable of transmitting pathogens.
(26) "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.
(27) "Engineer" shall have the meaning
			 specified in
			 KRS
			 322.010.
(28) "Ephemeral stream" means a stream that
			 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 that has a channel
			 bottom that is always above the local water table.
(29) "Explosive gas" means methane
			 (CH4).
(30) "Facility" means all
			 contiguous land, and structures, other appurtenances, and improvements on the
			 land, used for treating, storing, or disposing of waste. A facility consists of
			 several treatment, storage, or disposal operational units, including one (1) or
			 more landfills, surface impoundments, or combination of them.
(31) "Facility structures" means any
			 buildings, sheds, or utility or drainage lines on the solid waste site or
			 facility.
(32) "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.
(33) "Flood plain" means areas adjoining
			 inland waters that are inundated by the base flood, unless otherwise
			 established in
			 401 KAR
			 30:031 or
			 401 KAR
			 47:030, and includes 100-year floodplain and
			 floodway.
(34) "Food chain crops"
			 means tobacco, crops grown for human consumption, and crops grown for feed for
			 animals whose products are consumed by humans.
(35) "Free liquids" means liquids that
			 readily separate from the solid portion of a waste under ambient temperature
			 and pressure.
(36) "Freeboard"
			 means the vertical distance between the top of a tank or surface impoundment
			 dike and the surface of the waste contained therein.
(37) "Groundwater table" means the upper
			 boundary of the saturated zone in which the hydrostatic pressure of the
			 groundwater is equal to the atmospheric pressure.
(38) "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.
(39) "Hazardous waste" is defined by
			 401 KAR
			 39:005.
(40) "Holocene" means the most recent epoch
			 of the quaternary period, extending from the end of the Pleistocene to the
			 present.
(41)"Industrial solid
			 waste" is defined by
			 KRS
			 224.1-010(30)(a)(3).
(42) "In-ground tank" means a device meeting
			 the definition of "tank" in this section and if 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.
(43) "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.
(44) "Karst terrain" means a type of
			 topography if 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.
(45) "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 can 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.
(46) "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
			 Chapters 47 and 48, and
			 401 KAR
			 30:031.
(47) "Lateral expansion" means a horizontal
			 expansion of the waste boundaries of an existing solid waste landfill
			 unit.
(48) "Leachate" means any
			 liquid, including any suspended components in the liquid, that has percolated
			 through or drained from waste.
(49)
			 "Liner" means a continuous layer of natural or manmade material, beneath or on
			 the sides of a waste site or facility, that might include a waste pile, surface
			 impoundment, landfill, or landfill cell, or beneath or on the sides of a waste
			 site or facility that restricts the movement of the wastes, waste constituents,
			 or leachate.
(50) "Lower explosive
			 limit" means the lowest percent by volume of a mixture of explosive gases that
			 will propagate a flame in air at twenty-five (25) degrees Celsius and
			 atmospheric pressure.
(51)"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.
(52) "Monitoring well" means a well used to
			 obtain water samples for water quality and quantity analysis and groundwater
			 levels.
(53) "Nonputrescible" means
			 not susceptible to rapid decomposition by bacteria, fungi, or oxidation
			 sufficient to cause nuisances including odors, gases, or other offensive
			 conditions.
(54) "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.
(55) "Off-site" means properties
			 noncontiguous to the site.
(56)
			 "On-site" means on the same or geographically contiguous property that can 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 that the person
			 controls and to which the public does not have access are also considered
			 on-site property.
(57) "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.
(58) "Open dump" is defined by
			 KRS
			 224.1-010(37).
(59) "Operational plan" means the approved
			 plan of operations filed with the cabinet that describes the method of
			 operation that the permittee will use in the treatment, storage, or disposal of
			 wastes.
(60) "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.
(61) "Owner"
			 means any person who owns an on-site or off-site waste facility, or any part of
			 a facility.
(62) "Perennial
			 stream":
(a) 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; and
(b) Does not mean "intermittent stream" or
			 "ephemeral stream".
(63)
			 "Permit":
(a) Means the authorization or other
			 control document issued by the cabinet to implement the requirements of the
			 waste management administrative regulations and the term includes
			 permit-by-rule, registered permit-by-rule, research, development, and
			 demonstration permit, and emergency permit: and
(b) Does not mean a draft permit or proposed
			 permit.
(64) "Permittee"
			 means any person holding a valid permit issued by the cabinet to manage, treat,
			 store, or dispose of waste.
(65)
			 "Person" is defined by
			 KRS
			 224.1-010(16).
(66) "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 can result in noncompliance with the
			 requirements of the waste management administrative regulations.
(67) "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 pursuant to
			 KRS
			 224.10-100.
(68) "Point source":
(a) Means any discernible, confined, and
			 discrete conveyance that might include 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
			 can be discharged; and
(b) Does not
			 mean return flows from irrigated agriculture.
(69) "Pollutant" is defined by
			 KRS
			 224.1-010(34).
(70) "Polychlorinated biphenyls" or "PCB"
			 means halogenated organic compounds defined in accordance with
			 40
			 C.F.R. 761.3.
(71) "Postclosure" shall have the same
			 meaning as "closure care."
(72)
			 "Publicly owned treatment works" or "POTW" is defined by
			 KRS
			 224.1-010(18).
(73) "Recovered material" is defined by
			 KRS
			 224.1-010(18).
(74) "Representative samples" means a sample
			 of a universe or whole, including a waste pile, lagoon, or groundwater, which
			 can be expected to exhibit the average properties of the universe or
			 whole.
(75) "Residual landfill"
			 means a facility for the disposal of specific solid waste or wastes, including
			 special waste, which is located, designed, constructed, operated, maintained,
			 and closed in compliance with
			 401 KAR
			 30:031 and
			 401 KAR
			 47:030 and that receives a case-by-case design review
			 by the cabinet.
(76) "Run-off"
			 means any rainwater, leachate, or other liquid that drains overland from any
			 part of a facility.
(77) "Run-on"
			 means any rainwater, leachate, or other liquid that drains overland onto any
			 part of a facility.
(78)
			 "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.
(79) "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.
(80) "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.
(81) "Solid waste" is
			 defined by
			 KRS
			 224.1-010(30)(a).
(82) "Solid waste management" is defined by
			 KRS
			 224.1-010(38).
(83) "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.
(84)"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.
(85) "State":
(a) 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; and
(b) Any foreign country.
(86) "Storage" is defined by
			 KRS
			 224.1-010(27).
(87) "Tank" means a stationary device
			 designed to contain an accumulation of leachate or solid waste that is
			 constructed primarily of nonearthen materials, including wood, concrete, steel,
			 or plastic, which provide structural support.
(88) "Tank system" means a solid waste tank
			 and its associated piping, ancillary equipment, and containment
			 system.
(89) "TENORM" is defined by
			 KRS
			 211.862(13), except as
			 established in
			 KRS
			 211.863(5).
(90)  "Transportation" is defined by
			 KRS
			 224.1-010(28).
(91) "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.
(92) "Vessel" means any watercraft used or
			 capable of being used as a means of transportation on the water.
(93) "Washout" means the carrying away of
			 waste by waters as a result of flooding.
(94) "Waste" is defined by
			 KRS
			 224.1-010(30).
(95) "Waste disposal facility" shall have the
			 same meaning as
			 KRS
			 224.40-310.
(96) "Wastewater treatment plant" is defined
			 by
			 401 KAR
			 5:002.
(97) "Water" or "waters of the Commonwealth"
			 is defined by
			 KRS
			 224.1-010(32).
(98) "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.
(99) Wetland 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.