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Kentucky Administrative Regulations › Title 401 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR ENVIRONMENTAL PROTECTION › Chapter 47 - Solid Waste Facilities › Section 401 KAR 47:160 - Application procedures

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 or disposal of solid 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 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 application procedures.
Section
			 1. General Application Requirements.
(1) Permit application. A permit application
			 consists of three (3) parts: notice of intent to apply for a solid waste
			 permit; administrative application; and technical application. Any person who
			 is required to have a permit (including new applicants and permittees with
			 expiring permits) shall complete, sign and submit an application to the cabinet
			 as described in
			 401 KAR
			 47:170 through
			 401
			 KAR 47:190 and 401 KAR Chapter 48.
(2) Completeness. The cabinet shall not issue
			 a permit before receiving a complete application for a permit except for
			 permits-by-rule or emergency permits. An application for a permit is complete
			 when the cabinet receives an application, including any supplemental
			 information, which shall be completed to the satisfaction of the
			 cabinet.
(3) Information
			 requirements. All applicants for permits shall provide the applicable
			 information in compliance with
			 401 KAR
			 47:170 through
			 401
			 KAR 47:190 and 401 KAR Chapter 48 to the cabinet,
			 using the application forms provided by the cabinet.
(4) Number of copies.
(a) For the purpose of reviews, three (3)
			 original copies of the application shall be submitted to the cabinet. The
			 application shall be compiled such that it conforms to an eight and one-half
			 (8.5) by eleven (11) inch document. The applicant shall submit two (2) rolled
			 sets of full scale engineering drawings.
(b) For issuance of the permit, the applicant
			 shall provide one (1) original application and four (4) copies, incorporating
			 all changes, bound such that they conform to an eight and one-half (8.5) by
			 eleven (11) inch document. The applicant shall also submit the following sets
			 of engineering drawings:
1. Two (2) full scale
			 sets folded to eight and one-half (8.5) by eleven (11) inches;
2. Two (2) full scale sets rolled;
3. Two (2) one-half (0.5) scale
			 sets.
Kentucky Administrative Regulations › Title 401 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR ENVIRONMENTAL PROTECTION › Chapter 47 - Solid Waste Facilities › Section 401 KAR 47:205 - Contents of the application for petroleum contaminated soil treatment facilities

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 224.01, 224.10, 224.40, 224.43, 224.99,
				322.010(3),
				322A.010(3),
				322A.080
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				224.10-100 requires the cabinet to promulgate
				rules and administrative regulations for the management, processing, or
				disposal of wastes.
				KRS
				224.40-305 requires that persons engaging in
				the management, processing, or disposal of waste obtain a permit. This
				administrative regulation establishes the application requirements for a
				petroleum-contaminated soil treatment facility.
Section 1. Definitions.
(1) "Certifying engineer" means a
			 "professional engineer," as defined by
			 KRS
			 322.010(3), who implements
			 the petroleum-contaminated soil treatment facility construction quality
			 assurance plan.
(2) "Construction
			 progress report" means the written notice from the applicant to the cabinet
			 that the biopile liner system and the petroleum-contaminated soil treatment
			 facility is completed.
(3)
			 "Petroleum-contaminated soil" means silt, sand, clay, gravel, or other earthen
			 material; or asphalt, concrete, or absorbent materials containing hydrocarbon
			 concentrations above the levels established in
			 401
			 KAR 48:205, Section 6, Table 3, but does not exhibit a
			 hazardous characteristic or is not a listed hazardous waste as defined in 401
			 KAR Chapter 31.
(4)
			 "Petroleum-contaminated soil treatment facility" means a solid waste site or
			 facility where petroleum-contaminated soil is treated to reduce contaminant
			 concentrations to or below the levels established in
			 401
			 KAR 48:205, Section 6, Table 3.
Kentucky Administrative Regulations › Title 401 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR ENVIRONMENTAL PROTECTION › Chapter 47 - Solid Waste Facilities › Section 401 KAR 47:207 - Public information procedures for petroleum contaminated soil treatment facilities

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 224.01, 224.10, 224.40, 224.43, 224.50,
				224.99
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				224.10-100 requires the cabinet to promulgate
				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
				administrative regulation establishes permit issuance and public information
				procedures for petroleum-contaminated soil treatment facilities.
Section 1. Definitions.
(1) "Petroleum-contaminated soil" means silt,
			 sand, clay, gravel, or other earthen material; or asphalt, concrete, or
			 absorbent materials containing hydrocarbon concentrations above the levels
			 established in
			 401
			 KAR 48:205, Section 6, Table 3, but does not exhibit a
			 hazardous characteristic or is not a listed hazardous waste as defined in 401
			 KAR Chapter 31.
(2)
			 "Petroleum-contaminated soil treatment facility" means a solid waste site or
			 facility where petroleum-contaminated soil is treated to reduce contaminant
			 concentrations to or below the levels established in
			 401
			 KAR 48:205, Section 6, Table 3.
Kentucky Administrative Regulations › Title 401 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR ENVIRONMENTAL PROTECTION › Chapter 48 - Standards for Solid Waste Facilities › Section 401 KAR 48:050 - Siting requirements for solid waste landfills

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 promulgate administrative regulations for the management,
				processing or disposal of wastes.
				KRS
				224.40-305 requires that persons engaging in
				the storage, treatment, recycling and disposal of waste obtain a permit. This
				chapter establishes the minimum technical standards for solid waste sites or
				facilities. This administrative regulation sets forth the siting requirements
				for construction/demolition debris, contained, and residual landfills.
Section 1. Buffer Zones. Wastes shall not be
			 placed:
(1) Within 250 feet of an intermittent
			 or perennial stream unless a 401 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 feature of karst terrain;
(4) Within 250 feet of the property
			 line;
(5) Within 250 feet of a
			 residence;
(6) Within fifty (50)
			 feet of a gas, sewer or water line; and
(7) Within 250 feet of a unplugged well
			 except monitoring wells.
Kentucky Administrative Regulations › Title 401 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR ENVIRONMENTAL PROTECTION › Chapter 48 - Standards for Solid Waste Facilities › Section 401 KAR 48:060 - Technical requirements for construction/demolition debris landfill

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 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 minimum technical standards for solid waste sites or
				facilities. An overview of the permit program is found in Section 1 of
				401 KAR
				47:080. This administrative regulation sets forth the
				technical requirements for construction/demolition debris landfills that are
				not already classified under permit-by-rule and granted permit-by-rule.
Section 1. Design Requirements.
(1) A construction/demolition debris landfill
			 shall be designed to keep surface water flows and leachate separate. The design
			 shall include:
(a) Surface contours to
			 minimize surface water running onto or through the operational or completed
			 fill area;
(b) Surface water run-on
			 and run-off diversion ditches and structures designed to pass a 100 year,
			 twenty-four (24) hour storm flow; and
(c) Surface water sediment basins designed to
			 meet the following criteria:
1. The minimum
			 retarding storage volume and the principal spillway discharge shall be such
			 that a discharge through the emergency spillway shall not occur during the
			 twenty-five (25) year, twenty-four (24) hour storm event;
2. The emergency spillway shall be capable of
			 passing a 100 year twenty-four (24) hour storm event with no flow exceeding the
			 design freeboard of the structure;
3. The sediment storage volume and projected
			 operating period shall be stated. The minimum sediment storage volume shall
			 provide for one (1) year of operation. A shorter period may be approved
			 consistent with a maintenance plan for the sediment basin;
4. The sediment clean out elevation shall be
			 specified; and
5. All designs shall
			 be verified by a unit hydrograph method of calculation, or a method approved by
			 the cabinet.
Kentucky Administrative Regulations › Title 401 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR ENVIRONMENTAL PROTECTION › Chapter 48 - Standards for Solid Waste Facilities › Section 401 KAR 48:070 - Design requirements for contained landfills

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 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 minimum technical standards for solid waste sites or
				facilities. This administrative regulation sets forth the design requirements
				for contained landfills.
Section 1.
			 General. The owner or operator of a contained landfill shall ensure a design
			 for disposal of solid wastes meeting the requirements of 401 KAR Chapters 47
			 and 48.
Section 2. Surface Water.
			 Owners or operators shall design landfills to ensure that:
(1) Surface water flows and leachate are
			 separated;
(2) Surface contours
			 minimize surface water running onto or through the operational or completed
			 fill area;
(3) Surface run-on and
			 run-off ditches pass a 100 year twenty-four (24) hour storm flow;
(4) Surface water sediment basins meet the
			 following criteria:
(a) The minimum retarding
			 storage volume and the principal spillway discharge shall be such that
			 emergency spillway discharge shall not occur during the twenty-five (25) year
			 twenty-four (24) hour storm event;
(b) The emergency spillway shall be capable
			 of passing a 100 year twenty-four (24) hour storm event with no flow
			 overtopping the structure; and
(c)
			 The sediment storage volume and project operating period shall be stated. The
			 minimum storage volume shall provide for one (1) year of operation. A shorter
			 period may be approved when a maintenance program is included to restore the
			 sediment storage volume.
(5) All designs shall be verified by the unit
			 hydrograph method of calculation unless another method is approved by the
			 cabinet.
(6) The edge of the
			 downhill toe of the slope of a sediment pond dam is at least fifty (50) feet
			 from the property line.
Kentucky Administrative Regulations › Title 401 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR ENVIRONMENTAL PROTECTION › Chapter 48 - Standards for Solid Waste Facilities › Section 401 KAR 48:080 - Liner and cap design requirements for contained landfills

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 managing,
				processing, or disposal of solid wastes.
				KRS
				224.40-305 requires that persons engaging in
				the managing, processing, or disposal of waste obtain a permit. This chapter
				establishes the minimum technical standards for solid waste sites or
				facilities. This administrative regulation sets forth the liner and cap design
				requirements for contained landfills.
Section
			 1. Liners for Contained Landfills. At a minimum all contained
			 landfills shall have:
(1) A primary composite
			 liner as specified in Sections 2 and 7 of this administrative regulation;
			 and
(2) A secondary composite liner
			 that:
(a) Meets the secondary liner criteria
			 specified in Sections 2 and 7 of this administrative regulation; or
(b) Is a naturally occurring material
			 provided that such natural material:
1. Shall
			 be equivalent to material with a minimum thickness of twenty (20) feet with a
			 maximum permeability of 1 x 10-7 centimeters per
			 second;
2. Shall lie above the
			 uppermost aquifer; and
3. Shall
			 continuously underlie the landfill site or facility and be demonstrated to have
			 sufficient integrity to protect the uppermost aquifer from contamination in the
			 event of a breech of the primary composite liner.
Kentucky Administrative Regulations › Title 401 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR ENVIRONMENTAL PROTECTION › Chapter 48 - Standards for Solid Waste Facilities › Section 401 KAR 48:090 - Operating requirements for contained landfills

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 224.1, 224.10, 224.40, 224.43, 224.99, 40
				C.F.R. Part 761
NECESSITY, FUNCTION, AND CONFORMITY: KRS Chapter 224 requires
				the cabinet to promulgate administrative regulations for the management,
				processing, or disposal of solid wastes.
				KRS
				224.40-305 requires that persons engaging in
				the management, processing, and disposal of solid waste obtain a permit. 401
				KAR Chapter 48 establishes the minimum technical standards for solid waste
				sites or facilities. This administrative regulation establishes the
				requirements for contained landfills.
Section
			 1. General. The owner or operator of a contained landfill shall
			 operate the facility in accordance with the requirements of KRS Chapter 224 and
			 401 KAR Chapters 30 through 49, the conditions of the solid waste permit issued
			 by the cabinet, and the approved application filed with the cabinet.
Section 2. Procedures for Excluding the
			 Receipt of Prohibited Waste.
(1) The owner or
			 operator of a solid waste contained landfill shall implement a program at the
			 facility for detecting and preventing the disposal of regulated hazardous
			 wastes as established in 401 KAR Chapter 39, polychlorinated biphenyls (PCB)
			 wastes as established in 40 C.F.R. Part 761 , and TENORM waste generated from
			 oil and gas development activities containing combined Radium 226 and Radium
			 228 at concentrations exceeding limits established by
			 902
			 KAR 100:180, Section 6(1), except as authorized by
			 902
			 KAR 100:180, Section 6(2). This program shall include,
			 at a minimum:
(a) Random inspections of
			 incoming loads;
(b) Inspection of
			 suspicious loads;
(c) Records of
			 any inspections;
(d) Training of
			 facility personnel to recognize regulated hazardous waste; and
(e) Procedures for notifying the proper
			 authorities if a prohibited waste is disposed or discovered at the facility;
			 and
(f) Employee safety, health,
			 training, and equipment to be used in inspection.
Kentucky Administrative Regulations › Title 401 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR ENVIRONMENTAL PROTECTION › Chapter 48 - Standards for Solid Waste Facilities › Section 401 KAR 48:170 - Technical requirements for residual landfills

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 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 minimum technical standards for solid waste sites or
				facilities. This administrative regulation sets forth the technical
				requirements for residual landfills.
Section
			 1. Design Requirements. The engineering design shall demonstrate
			 compliance with the environmental performance standards in
			 401 KAR
			 47:030 and the siting standards of
			 401 KAR
			 48:050 considering the following:
(1) The physical and chemical characteristics
			 of the waste, including compatibility of the waste with the liner and cover
			 materials 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. The liner, if required, shall assure containment of the waste
			 on site and compliance with the environmental performance standards of
			 401 KAR
			 47:030;
(5) The properties of the soil underlying the
			 facility;
(6) Hydrogeologic
			 characteristics of the facility 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 to
			 surface water and groundwater;
(9)
			 The potential for gas emissions and odors;
(10) Any additional requirements specified by
			 the cabinet.
Kentucky Administrative Regulations › Title 401 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR ENVIRONMENTAL PROTECTION › Chapter 48 - Standards for Solid Waste Facilities › Section 401 KAR 48:206 - Petroleum contaminated soil treatment facility liner soil layer quality assurance and quality control

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 224.01, 224.10, 224.40, 224.43, 224.99,
				322.010(16),
				322.180(16)
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				224.40-100(19)(c), (24) and
				(28) requires the cabinet to promulgate rules
				and administrative regulations for the permitting, 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
				administrative regulation establishes the liner quality assurance and quality
				control testing requirements for petroleum-contaminated soil treatment
				facilities.
Section 1. Definitions.
(1) "Certifying engineer" means "professional
			 engineer," as defined by
			 KRS
			 322.010(3), who implements
			 the petroleum-contaminated soil treatment facility construction quality
			 assurance plan
(2)
			 "Petroleum-contaminated soil" means silt, sand, clay, gravel, or other earthen
			 material; or asphalt, concrete, or absorbent materials containing hydrocarbon
			 concentrations above the levels established in
			 401
			 KAR 48:205, Section 6, Table 3, but does not exhibit a
			 hazardous characteristic or is not a listed hazardous waste as defined in 401
			 KAR Chapter 31.
(3)
			 "Petroleum-contaminated soil treatment facility" means a solid waste site or
			 facility where petroleum-contaminated soil is treated to reduce contaminant
			 concentrations to or below the levels established in
			 401
			 KAR 48:205, Section 6, Table 3.
(4) "Quality assurance" means the procedures
			 implemented by the professional engineer to ensure that the construction of the
			 petroleum-contaminated soil treatment facility meets design specifications and
			 performance requirements.
(5)
			 "Quality control" means the system of control implemented by the manufacturer,
			 fabricator, installer, construction contractor, operator, or other person in
			 order to meet construction specifications for the construction of the
			 petroleum-contaminated soil treatment facility.
Kentucky Administrative Regulations › Title 401 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR ENVIRONMENTAL PROTECTION › Chapter 48 - Standards for Solid Waste Facilities › Section 401 KAR 48:207 - Petroleum contaminated soil treatment facility liner geosynthetic quality assurance and quality control

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 224.01, 224.10, 224.40, 224.43, 224.99,
				322.010(16)
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				224.40-100(19)(c), (24), and
				(28) requires the cabinet to promulgate rules
				and administrative regulations for the permitting, 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
				administrative regulation establishes the biopile liner geosynthetic quality
				assurance and quality control testing requirements for solid waste
				petroleum-contaminated soil treatment facilities.
Section 1. Definitions.
(1) "Certifying engineer" means "professional
			 engineer," as defined by
			 KRS
			 322.010(3), who implements
			 the petroleum-contaminated soil treatment facility construction quality
			 assurance plan.
(2)
			 "Petroleum-contaminated soil" means silt, sand, clay, gravel, or other earthen
			 material; or asphalt, concrete, or absorbent materials containing hydrocarbon
			 concentrations above the levels established in
			 401
			 KAR 48:205, Section 6, Table 3, but does not exhibit a
			 hazardous characteristic or is not a listed hazardous waste as defined in 401
			 KAR Chapter 31.
(3)
			 "Petroleum-contaminated soil treatment facility" means a solid waste site or
			 facility where petroleum-contaminated soil is treated to reduce contaminant
			 concentrations to or below the levels established in
			 401
			 KAR 48:205, Section 6, Table 3.
(4) "Quality assurance" means the procedures
			 that are initiated by the owner or operator and implemented by the professional
			 engineer to ensure that the construction of the petroleum-contaminated soil
			 treatment facility meet design specifications and performance
			 requirements.
(5) "Quality control"
			 means the system of control implemented by the manufacturer, fabricator,
			 installer, construction contractor, operator, or other person in order to meet
			 construction specifications for the construction of the petroleum-contaminated
			 soil treatment facility.
Kentucky Administrative Regulations › Title 401 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR ENVIRONMENTAL PROTECTION › Chapter 48 - Standards for Solid Waste Facilities › Section 401 KAR 48:208 - Petroleum contaminated soil treatment facility liner high-permeability later quality assurance and quality control

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 224.01, 224.10, 224.40, 224.43, 224.99,
				322.010(16)
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				224.40-100(19)(c), (24), and
				(28) requires the cabinet to promulgate rules
				and administrative regulations for the permitting, 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
				administrative regulation establishes the liner quality assurance and quality
				control testing requirements for petroleum-contaminated soil treatment
				facilities.
Section 1. Definitions.
(1) "Certifying engineer" means "professional
			 engineer," as defined by
			 KRS
			 322.010(3), who implements
			 the petroleum-contaminated soil treatment facility construction quality
			 assurance plan.
(2)
			 "Petroleum-contaminated soil" means silt, sand, clay, gravel, or other earthen
			 material; or asphalt, concrete, or absorbent materials containing hydrocarbon
			 concentrations above the levels established in
			 401
			 KAR 48:205, Section 6, Table 3, but does not exhibit a
			 hazardous characteristic or is not a listed hazardous waste as defined in 401
			 KAR Chapter 31.
(3)
			 "Petroleum-contaminated soil treatment facility" means a solid waste site or
			 facility where petroleum-contaminated soil is treated to reduce contaminant
			 concentrations to or below the levels established in
			 401
			 KAR 48:205, Section 6, Table 3.
(4) "Quality assurance" means the procedures
			 that are initiated by the owner or operator and implemented by the professional
			 engineer to ensure that the construction of the petroleum-contaminated soil
			 treatment facility meet design specifications and performance
			 requirements.
(5) "Quality control"
			 means the system of control implemented by the manufacturer, fabricator,
			 installer, construction contractor, operator, or other person in order to meet
			 construction specifications for the construction of the petroleum-contaminated
			 soil treatment facility.
Kentucky Administrative Regulations › Title 401 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR ENVIRONMENTAL PROTECTION › Chapter 48 - Standards for Solid Waste Facilities › Section 401 KAR 48:310 - Financial requirements and bonds

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 224.01-010-224.01-070, 224.40-100-224.43-345,
				224.99-010, Chapter
				355
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				224.40-305 requires the cabinet to promulgate
				administrative regulations for the managing, processing, or disposal of wastes.
				KRS
				224.40-650 requires that persons engaging in
				the management, processing, and disposal of waste obtain a permit. KRS 224.650
				and
				KRS
				224.40-110 require permit applicants to post
				a performance bond with a mechanism of financial assurance. This chapter
				establishes the minimum technical standards for solid waste sites or
				facilities. This administrative regulation sets forth the financial
				requirements for closure, closure care, and corrective action.
Section 1. Financial Assurance Criteria. The
			 financial assurance criteria and bond requirements apply to each owner and
			 operator of any solid waste disposal site or facility. Any owner or operator
			 that is a city, county, urban-county government, 109 district, taxing district,
			 political subdivision of the Commonwealth, the Commonwealth, or any agency
			 thereof, or any entity whose debts and liabilities are the debts and
			 liabilities of the above entities, shall be required to comply with Sections 2,
			 3, and 15 of this administrative regulation.
Section 2. Closure Cost Estimate. Except as
			 provided by
			 KRS
			 224.40-120, the owner or operator shall have
			 a detailed written estimate, in current dollars, of the cost of hiring a third
			 party to close the solid waste disposal site or facility in accordance with the
			 closure plan developed to satisfy the closure requirements in Section 4(1) of
			 401
			 KAR 48:060, Section (15) of
			 401 KAR
			 48:070, Section 4 of
			 401 KAR
			 48:170, Section 5 of
			 401 KAR
			 48:200, and KRS 224.40.650.
(1) The estimate shall equal the cost of
			 closing the solid 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 shall adjust the figure for inflation and other factors
			 each year. The owner or operator shall base the cost estimate on the following
			 elements:
(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 48 - Standards for Solid Waste Facilities › Section 401 KAR 48:320 - Operating requirements for less than one (1) acre construction/demolition debris landfills

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS 224.01-010,
				224.10-100,
				224.10-105,
				224.40-100,
				224.40-110,
				224.40-120,
				224.40-305,
				224.40-310,
				224.40-315,
				224.40-320,
				224.40-325,
				224.40-330,
				224.40-340,
				224.40-605,
				224.40-650,
				224.43-010,
				224.43-020,
				224.43-070,
				224.43-310,
				224.43-315,
				224.43-330,
				224.43-340,
				224.43-345,
				224.43-350,
				224.70-100,
				224.70-110,
				224.99-010,
				224.99-020
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				224.10-100(19)(c), (24),
				224.40-120,
				224.40-305,
				224.40-330,
				and
				224.40-605
				authorize the cabinet to promulgate 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
				administrative regulation establishes the technical requirements for less than
				one (1) acre construction/demolition debris landfills.
Section 1. Applicability. This administration
			 regulation applies to owners and operators of less than one (1) acre
			 construction/demolition debris landfills. The owner or operator of a less than
			 one (1) acre construction/demolition debris landfill shall operate the facility
			 in accordance with the requirements of this administrative
			 regulation.
Section 2. Requirement
			 to Obtain a Registered Permit-by-rule. The owner or operator of a less than one
			 (1) acre construction/demolition debris landfill shall not begin construction
			 or accept waste until the registered permit-by-rule for the facility has become
			 effective as specified in
			 401 KAR
			 47:110.
Section
			 3. Construction Requirements. The owner or operator of a less than
			 one (1) acre construction/demolition debris landfill located inside a wellhead
			 protection area, as defined in
			 401 KAR
			 5:002, Section 1, shall construct and maintain a liner
			 and leachate collection system.
(1) The liner
			 shall:
(a) Be constructed of soil:
1. With a minimum thickness of twelve (12)
			 inches; and
2. That includes a low
			 permeability soil component with a minimum of twelve (12) contiguous inches of
			 1 x 10-7 centimeters per second maximum permeable
			 material, or its equivalent; and
Kentucky Administrative Regulations › Title 401 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR ENVIRONMENTAL PROTECTION › Chapter 49 - Solid Waste Planning › Section 401 KAR 49:011 - General provisions relating to area solid waste management plans

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				109.041,
				224.10-105,
				KRS
				224.10-420,
				224.10-440,
				224.43-310(5),
				224.43-315,
				224.43-340,
				224.43-345,
				224.43-505
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				224.43-340(1) authorizes the
				cabinet to promulgate administrative regulations pursuant to KRS Chapter 224
				for the reduction and management of solid waste. This administrative regulation
				establishes general requirements and procedures for submittal, processing, and
				amending of area solid waste management plans.
Section 1. Preparation of an Area Solid Waste
			 Management Plan.
(1) An area solid waste
			 management plan, referred to in this administrative regulation as "the plan,"
			 shall contain the information as established in
			 KRS
			 224.43-345.
(2) The plan shall be prepared and formatted
			 in accordance with the Guidance for Preparing an Area Solid Waste Management
			 Plan 5-Year Update, DEP 6062.
Kentucky Administrative Regulations › Title 401 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR ENVIRONMENTAL PROTECTION › Chapter 50 - Division for Air Quality; General Administrative Procedures › Section 401 KAR 50:012 - General application

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				224.10-100,
				224.20-120,
				40
				C.F.R. 60.14,
				42 U.S.C.
				7401 et seq., 7408, 7410
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				224.10-100 requires the Environmental and
				Public Protection Cabinet to prescribe administrative regulations for the
				prevention, abatement, and control of air pollution.
				42
				USC 7410 likewise requires the state to
				implement standards for national primary and secondary ambient air quality.
				This administrative regulation provides guidelines by which all administrative
				regulations of 401 KAR Chapters 50 to 65, are to be understood.
Section 1. General Application of
			 Administrative Regulations and Standards. Administrative Regulations of the
			 cabinet shall be construed and applied according to subsections (1) through (6)
			 of this section, which shall guide the cabinet in the issuance, modification,
			 and revocation of permits.
(1) All major
			 sources of VOCs located in a county or portion of a county which is designated
			 ozone nonattainment, for any nonattainment classification except marginal,
			 under
			 401 KAR
			 51:010, shall install and use control technology which
			 is reasonable and available.
(a) The
			 determination of reasonably available control technology shall be approved by
			 the cabinet and shall be based upon:
1. A
			 Control Techniques Guidelines Document issued by the U.S. EPA and promulgated
			 in regulatory form by the cabinet; or
2. If no Control Techniques Guidelines
			 Document is appropriate, the lowest emission limit that a particular source is
			 capable of meeting by the application of control technology that is reasonably
			 available considering technological and economic feasibility. The cabinet may
			 require technology that has been applied to similar, but not necessarily
			 identical source categories.
Kentucky Administrative Regulations › Title 401 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR ENVIRONMENTAL PROTECTION › Chapter 50 - Division for Air Quality; General Administrative Procedures › Section 401 KAR 50:015 - Documents incorporated by reference

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				224.20-100,
				224.20-110,
				224.20-120
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				224.10-100 requires the Environmental and
				Public Protection Cabinet to prescribe administrative regulations for the
				prevention, abatement, and control of air pollution. This administrative
				regulation provides for the incorporation by reference of documents referred to
				within these administrative regulations.
Section
			 1. Code of Federal Regulations.
(1) The following documents from the "Code of
			 Federal Regulations" which are in effect as of October 1, 1987, are
			 incorporated herein by reference:
(a)40 C.F.R.
			 50:
1. Appendix A: Reference Method for the
			 Determination of Sulfur Dioxide in the Atmosphere (Pararosaniline
			 Method).
2. Appendix B: Reference
			 Method for the Determination of Suspended Particulate Matter in the Atmosphere
			 (High Volume Method).
3. Appendix
			 C: Measurement Principle and Calibration Procedure for the Measurement of
			 Carbon Monoxide in the Atmosphere (Nondispersive Infrared
			 Photometry).
4. Appendix D:
			 Measurement Principle and Calibration Procedure for the Measurement of Ozone in
			 the Atmosphere.
5. Appendix E:
			 Reference Method for the Determination of Hydrocarbons Corrected for
			 Methane.
6. Appendix F: Measurement
			 Principle and Calibration Procedure for the Measurement of Nitrogen Dioxide in
			 the Atmosphere (Gas Phase Chemiluminescence).
7. Appendix G: Reference Method for the
			 Determination of Lead in Suspended Particulate Matter Collected from Ambient
			 Air.
8. Appendix H: Interpretation
			 of the National Ambient Air Quality Standards for Ozone.
9. Appendix J: Reference Method for the
			 Determination of Particulate Matter as PM10in the
			 Atmosphere.
10. Appendix K:
			 Interpretation of the National Ambient Air Quality Standards for Particulate
			 Matter.
Kentucky Administrative Regulations › Title 401 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR ENVIRONMENTAL PROTECTION › Chapter 50 - Division for Air Quality; General Administrative Procedures › Section 401 KAR 50:025 - Classification of counties

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS Chapter 224
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				224.10-100 requires the Environmental and
				Public Protection Cabinet to prescribe administrative regulations for the
				prevention, abatement, and control of air pollution. This administrative
				regulation provides for the classification of counties with respect to various
				pollutants.
Section 1. Counties in the
			 Commonwealth of Kentucky shall be classified with respect to sulfur dioxide as
			 follows:
(1) Class I: Jefferson
			 County;
(2) Class IA: McCracken
			 County;
(3) Class II: Bell County,
			 Clark County, Woodford County;
(4)
			 Class III: Pulaski County;
(5)
			 Class IV: Webster County, Hancock County;
(6) Class IVA: Muhlenberg County;
(7) Class V: All other counties not
			 specifically listed within this section;
(8) Class VA: Boyd County.
Kentucky Administrative Regulations › Title 401 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR ENVIRONMENTAL PROTECTION › Chapter 50 - Division for Air Quality; General Administrative Procedures › Section 401 KAR 50:040 - Air quality models

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS Chapter 224
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				224.10-100 requires the Environmental and
				Public Protection Cabinet to prescribe administrative regulations for the
				prevention, abatement, and control of air pollution. This administrative
				regulation specifies general provisions for the use of air quality
				models.
Section 1. Air Quality Models.
(1) All estimates of ambient concentrations
			 required under the administrative regulations of the Division for Air Quality
			 shall be based on the applicable air quality models, data bases, and other
			 requirements specified in the "Guidelines on Air Quality Models" (OAQPS
			 1.2-080, U. S. EPA, Office of Air Quality Planning and Standards), filed by
			 reference in
			 401 KAR
			 50:015.
(2) Where an air quality impact model
			 specified in the "Guideline on Air Quality Models" is inappropriate, the model
			 may be modified or another model substituted subject to the approval of the
			 cabinet.
(3) Methods like those
			 outlined in the "Workbook for the Comparison of Air Quality Models" (OAQPS No.
			 1.2-097, U. S. EPA, Office of Air Quality Planning and Standards), filed by
			 reference in
			 401 KAR
			 50:015, shall be used to determine the comparability
			 of air quality models.
Kentucky Administrative Regulations › Title 401 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR ENVIRONMENTAL PROTECTION › Chapter 50 - Division for Air Quality; General Administrative Procedures › Section 401 KAR 50:045 - Performance tests

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS 224.10-100(5),
				(22), (23), (30),
				224.20-110(1)
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				224.10-100(5) requires the
				Environmental and Public Protection Cabinet to provide for the prevention,
				abatement, and control of air pollution, and
				KRS
				224.10-100(3) authorizes the
				cabinet to promulgate administrative regulations not inconsistent with the
				provisions of law administered by the cabinet. This administrative regulation
				establishes requirements for performance tests.
Section 1. The cabinet may require the owner
			 or operator of an affected facility to sample emissions in accordance with
			 methods approved by the cabinet or the U.S. EPA. All tests shall be made under
			 the direction of persons qualified by training or experience in the field of
			 air pollution control.
Section 2.
			 Pretest Requirements.
(1) A source required to
			 conduct a performance test shall submit a completed Compliance Test Protocol
			 form, DEP form 6028, or a test protocol a source has developed for submission
			 to other regulatory agencies, in a format approved by the cabinet, to the
			 cabinet's Division for Air Quality a minimum of sixty (60) days prior to the
			 scheduled test date.
(2) The
			 cabinet shall review the Compliance Test Protocol submittal for approvability
			 and determine the need for a pretest meeting with the source.
(3) If a pretest meeting is held:
(a) The source shall resolve with the
			 division all testing and process issues; and
(b) The division's approval shall be in
			 writing and sent to the source.
(4) The source shall not deviate from the
			 approved pretest protocol without the division's prior approval.
Kentucky Administrative Regulations › Title 401 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR ENVIRONMENTAL PROTECTION › Chapter 50 - Division for Air Quality; General Administrative Procedures › Section 401 KAR 50:047 - Test procedures for capture efficiency

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				224.20-100,
				224.20-110,
				224.20-120,
				42 U.S.C.
				7401 et seq., 7408, 7410
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				224.10-100 requires the Environmental and
				Public Protection Cabinet to prescribe administrative regulations for the
				prevention, abatement, and control of air pollution.
				42
				USC 7410 likewise requires the state to
				implement standards for national primary and secondary ambient air quality.
				This administrative regulation provides capture efficiency test procedures for
				volatile organic compounds.
Section 1.
			 Definitions. As used in this administrative regulation, all terms not defined
			 in this section shall have the meaning given them in
			 401 KAR
			 50:010.
(1) "Capture"
			 means the containment or recovery of emissions from a process for direction
			 into a duct which may be exhausted through a stack or sent to a control
			 device.
(2) "Capture system" means
			 all equipment (including, but not limited to, hoods, ducts, fans, booths,
			 ovens, dryers, etc.) that contains, collects, and transports an air pollutant
			 to a control device.
(3) "Capture
			 efficiency" means the weight per unit time of volatile organic compounds (VOCs)
			 entering a capture system and delivered to a control device divided by the
			 weight per unit time of total VOCs generated by a source of VOCs, expressed as
			 a percentage.
(4) "Capture
			 efficiency protocol" means a method for determining capture
			 efficiency.
(5) "Control device"
			 means equipment such as an incinerator or carbon adsorber used to reduce, by
			 destruction or removal, the amount of air pollutants in an air stream prior to
			 discharge to the ambient air.
(6)
			 "Control system" means a combination of one (1) or more capture systems and
			 control devices working in concert to reduce discharges of pollutants to the
			 ambient air.
(7) "Hood" means a
			 partial enclosure or canopy for capturing and exhausting, by means of a draft,
			 the organic vapors or other fumes rising from a coating process or other
			 source.
Kentucky Administrative Regulations › Title 401 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR ENVIRONMENTAL PROTECTION › Chapter 50 - Division for Air Quality; General Administrative Procedures › Section 401 KAR 50:050 - Monitoring

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS Chapter 224
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				224.10-100 requires the Environmental and
				Public Protection Cabinet to prescribe administrative regulations for the
				prevention, abatement, and control of air pollution. This administrative
				regulation establishes requirements for stack gas monitoring, ambient air
				monitoring, and recording and reporting requirements as related to monitoring
				data.
Section 1. Monitoring, Records,
			 and Reporting. The cabinet may require the owner or operator of any affected
			 facility to install, use, and maintain stack gas and ambient air monitoring
			 equipment in accordance with such methods as the cabinet shall prescribe,
			 establish and maintain records of same and make periodic emission reports at
			 intervals prescribed by the cabinet. Requirements for specific affected
			 facilities are contained in applicable administrative regulations.
Section 2. Ambient Air Monitoring. Persons
			 owning or operating any affected facility for which a standard is prescribed in
			 the administrative regulations of the Division for Air Quality when required by
			 the cabinet shall install, use, and maintain ambient air monitoring equipment
			 in accordance with the provisions of
			 401 KAR
			 53:010, Section 2, and shall make periodic ambient air
			 monitoring reports at intervals prescribed by the cabinet.
STATUTORY AUTHORITY:
				  KRS
				  224.10-100
Kentucky Administrative Regulations › Title 401 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR ENVIRONMENTAL PROTECTION › Chapter 50 - Division for Air Quality; General Administrative Procedures › Section 401 KAR 50:060 - Enforcement

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS 224.10-100(5),
				(18), (19), (22), (23), (26),
				224.10-420,
				224.10-440,
				224.20-110
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				224.10-100 requires the Environmental and
				Public Protection Cabinet to prescribe administrative regulations for the
				prevention, abatement and control of air pollution. This administrative
				regulation provides for enforcement of the terms and conditions of permits and
				compliance schedules.
Section 1.
			 Permits and Compliance Schedules Subject to Conditions. Permits and compliance
			 schedules issued under these administrative regulations shall be subject to
			 such terms and conditions set forth in the permit or compliance schedule as the
			 cabinet may deem necessary to insure compliance with all applicable standards.
			 Such terms and conditions may include, but shall not be limited to, the
			 maintenance and production for inspection of records relating to operation
			 which may cause or contribute to air pollution including periodic source or
			 stack sampling, or periodic ambient air monitoring.
Section 2. Permit Revocation. The cabinet may
			 revoke any permit issued under these administrative regulations if the
			 permittee:
(1) Willfully makes material
			 misstatements in the permit application or any amendments thereto;
(2) Fails to comply with the terms or
			 conditions of the permit;
(3) Fails
			 to comply with any emission standards applicable to an affected facility
			 included in the permit;
(4) Causes
			 emissions from the source which result in violations of, or interfere with the
			 attainment and maintenance of, any ambient air quality standards contained in
			 Title 401, Chapter 53, of these administrative regulations or result in an
			 exceedance of any allowable increase over baseline concentrations contained in
			 Title 401, Chapter 51, of these administrative regulations;
(5) Fails to report construction,
			 modification, alteration, or reconstruction of an affected facility.