Kentucky Administrative Regulations › Title 401 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR ENVIRONMENTAL PROTECTION › Chapter 47 - Solid Waste Facilities › Section 401 KAR 47:080 - Classification of solid waste sites or facilities

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 224.01, 224.10, 224.40, 224.43, 224.46, 224.70,
				224.99
NECESSITY, FUNCTION, AND CONFORMITY: KRS Chapter 224 requires
				the cabinet to adopt rules and administrative regulations for the management,
				processing, and disposal of solid wastes.
				KRS
				224.40-305 requires that persons engaging in
				the storage, treatment, recycling, and disposal of solid waste obtain a permit.
				This chapter establishes the permitting standards for solid waste sites or
				facilities, the standards applicable to all solid waste sites or facilities,
				and the standards for certification of operators. This administrative
				regulation sets forth the classification of solid waste sites or facilities for
				permitting purposes.
Section 1.
			 Coverage. The permit administrative regulations of 401 KAR Chapter 47 establish
			 provisions for the solid waste permit program under KRS Chapter 224. The
			 administrative regulations of this chapter cover the basic permitting
			 requirements, including application requirements, standard permit conditions, a
			 presiting procedure, construction, modification, monitoring and reporting of
			 any facility that manages solid waste. The administrative regulations of this
			 chapter are part of a regulatory scheme implementing the solid waste provisions
			 of KRS Chapter 224. The solid waste permit program relies upon technical
			 requirements which are contained in 401 KAR Chapter 48. The technical
			 administrative regulations are used by the cabinet to determine what conditions
			 are applicable to each permit and to determine compliance with KRS Chapter 224.
			 Administrative regulations governing solid waste planning are set forth in 401
			 KAR Chapter 49 and the enforcement and compliance monitoring requirements in
			 401 KAR Chapter 40.
Section 2.
			 Permit Types. This chapter provides for several types of solid waste site or
			 facility permits which are classified based on the waste managed and the
			 facility type.
(1) Contained landfill permit.
			 Contained landfill is the category of solid waste site or facility which may
			 accept for disposal all nonhazardous solid waste including residential,
			 commercial, institutional, industrial, and municipal waste, shredded tires,
			 household hazardous waste, limited quantity generator hazardous waste and
			 nonhazardous spill cleanup residue. The technical requirements for contained
			 landfills are found in
			 401 KAR
			 48:050 and
			 401 KAR
			 48:070 through
			 401 KAR
			 48:090.
(2) Construction/demolition debris landfill
			 permit. Construction/demolition debris landfill is the category of solid waste
			 site or facility for the disposal of solid waste which results 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. Such waste includes, but is not limited to:
			 bricks, shredded or segmented tires, concrete and other masonry materials,
			 soil, rock, wood, wall coverings, plaster, drywall, plumbing fixtures, tree
			 stumps, limbs, saw dust, leaves, yard waste, paper, paper products, metals,
			 furniture, insulation, roofing shingles, asphaltic pavement, glass, plastics
			 that are not sealed in a manner that conceals other wastes, electrical wiring
			 and components containing no liquids or hazardous metals that are incidental to
			 any of the above and other inert waste as approved by the cabinet.
			 Asbestos-containing materials may be accepted only if the permit application
			 includes procedures approved by the cabinet to handle these materials.
			 Construction/demolition debris landfills shall not be for disposal of garbage,
			 electrical fixtures containing hazardous liquids such as fluorescent light
			 ballasts or transformers, PCB-containing waste, hazardous material spill
			 residues, limited quantity generator hazardous waste, any waste regulated by
			 401 KAR Chapter 31 and 32, whole tires, liquids, drums, fuel tanks, or other
			 nonpermitted waste. The technical requirements for construction/demolition
			 debris landfills are found in
			 401 KAR
			 48:050 and
			 401
			 KAR 48:060.
(3) Residual landfill permit. Residual
			 landfill is the category of solid waste site or facility designed and operated
			 to accept for disposal a limited number of industrial wastes or residues which
			 are fully characterizable. It also includes residuals from air and water
			 pollution control devices and energy generation which are codisposed in a
			 mining operation. In addition, residual landfills may accept sludge, and
			 special wastes. The technical requirements for residual landfills are found in
			 401 KAR
			 48:050 and
			 401 KAR
			 48:170.
(4) Landfarming permit. Landfarming is a
			 category of solid waste site or facility where solid waste is applied to the
			 soil surface or injected into the upper layer of the soil to improve soil
			 quality or provide plant nutrients. Solid wastes suitable for this purpose
			 include, but are not limited to, food processing waste, municipal sewage
			 treatment plant sludge, and municipal water treatment plant sludge. The
			 technical requirements for landfarming facilities are found in
			 401 KAR
			 48:200.
(5) Permit-by-rule. Permit-by-rule is a
			 category of solid waste site or facility permit for certain solid waste
			 management practices listed in
			 401 KAR
			 47:150 which are deemed to have a permit without the
			 owner or operator having made application to the cabinet. The practices and
			 conditions of the permit-by-rule are specified in Section 1 of
			 401 KAR
			 47:150 and include limited tire disposal, on-site
			 disposal of land clearing wastes, on-site disposal of construction and
			 demolition wastes, sawdust piles, pumpings, oil production brine pits, gas and
			 oil drilling, mud pits, and asphalt residues, waste piles, surface impoundments
			 with a KPDES permit, automobile and truck recycle and salvage yards, beneficial
			 reuse of solid wastes.
(6)
			 Registered permit-by-rule.
(a) Registered
			 permits-by-rule are a category of solid waste site or facility permit providing
			 for the storage, treatment and disposal of solid waste that includes:
1. Commercial recycling centers;
2. Transfer stations;
3. Construction/demolition debris landfills
			 of one (1) acre or less, when the wastes are not disposed at the site of
			 generation;
4. Solid waste
			 incinerators that have a rated capacity of more than one (1) ton per day
			 including those using refuse derived fuel;
5. Sludge giveaway programs, composted sludge
			 and other composted material programs in accordance with
			 401 KAR
			 48:200;
6.
			 Landfarming of class I sludges in accordance with
			 401 KAR
			 48:200;
7.
			 Septic tank pumpings if in compliance with the Cabinet for Human Resources
			 administrative regulations and the waste is not applied to within three (3)
			 feet of the surface of the land unless a method to reduce pathogens has been
			 utilized in accordance with
			 401 KAR
			 48:200; and
8. Convenience centers.
(b) Owners and operators of a registered
			 permit-by-rule site or facility are deemed to have a permit without further
			 action by the cabinet. Owners and operators of a registered permit-by-rule site
			 or facility shall prevent adverse effects on human health and the environment
			 as identified in
			 401 KAR
			 47:030 and implement any necessary corrective action
			 under Section 8 of
			 401
			 KAR 48:300.
(c) Operators shall submit a registration on
			 a form prescribed by the cabinet as specified in Section 3 of this
			 administrative regulation or
			 401 KAR
			 48:200, and shall operate in accordance with the
			 standards specified in
			 401 KAR
			 48:200 or
			 401 KAR
			 47:110, and
			 401 KAR
			 47:030.
(7) Emergency permit. An emergency permit is
			 a category of solid waste site or facility permit for the short-term storage or
			 disposal of solid waste generated from a storm or flood event or other
			 emergency as specified by the cabinet. The requirements for emergency permits
			 are found in
			 401 KAR
			 47:150.
(8) Research, development and demonstration
			 permit. A research, development and demonstration permit is a category of solid
			 waste site or facility permit issued for a short period to demonstrate unproven
			 technology. The permit procedures for this category can be found in
			 401 KAR
			 47:150.
(9) Residential landfill permit. A
			 residential landfill permit is a category of solid waste site or facility
			 construction permit which was issued prior to the effective date of this
			 administrative regulation. Landfills in this category may continue to operate
			 under the prior issued permit provided they notify the cabinet in accordance
			 with Section 4 of this administrative regulation and comply with the operating
			 standards for contained landfills as specified in
			 401 KAR
			 48:090, or construction/demolition debris landfills as
			 specified in
			 401
			 KAR 48:060. The facility may close in accordance with
			 Sections 4 and 5 of this administrative regulation or submit an application in
			 accordance with the technical standards in 401 KAR Chapter 48.
(10) Inert landfill permit. An inert landfill
			 permit is a category of solid waste site or facility permit which was issued
			 prior to the effective date of this administrative regulation. Landfills in
			 this category may continue to operate under the prior issued permit provided
			 they notify the cabinet in accordance with Section 4 of this administrative
			 regulation and comply with the operating standards for construction/demolition
			 debris landfills as specified in
			 401
			 KAR 48:060 or residual landfills specified in
			 401 KAR
			 48:170. The facility may close in accordance with
			 Sections 4 and 5 of this administrative regulation or submit an application in
			 accordance with the technical standards of 401 KAR Chapter
			 48.