Kentucky Administrative Regulations
Title 401 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR ENVIRONMENTAL PROTECTION
Chapter 30 - Waste Management; General Administrative Procedures
Section 401 KAR 30:031 - Environmental performance standards
Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO: KRS 224.01, 224.10, 224.40, 224.43, 224.46, 224.50, 224.70, 224.99, 16 U.S.C. 1531 et. seq., 33 U.S.C. 1251 et. seq.
NECESSITY, FUNCTION, AND CONFORMITY: KRS Chapter 224 requires the cabinet to adopt administrative regulations for the treatment, storage, recycling and disposal of wastes. KRS 224.40-305 requires that persons engaging in the treatment, storage, recycling and disposal of waste obtain a permit. This chapter establishes the general administrative procedures that are applicable to 401 KAR Chapters 31 to 49. This administrative regulation sets forth the minimum environmental performance standards with which all waste sites or facilities shall comply.
Section 1. Purpose, Scope and Applicability. The standards in this administrative regulation are for use under the waste management provisions of KRS Chapter 224 in determining which waste sites or facilities pose a reasonable probability of adverse effects on human health or the environment. Waste sites or facilities failing to satisfy the requirements of this administrative regulation shall be considered open dumps, which are prohibited by KRS 224.40-100. No owner or operator shall cause, suffer, or allow a waste site or facility or any unit of a waste site or facility to violate any provision of this administrative regulation.
Section 2. Floodplains. No waste site or facility shall restrict the flow of the 100-year flood, reduce the temporary water storage capacity of the floodplain, or be placed in a manner likely to result in washout of waste, so as to pose a hazard to human health, wildlife, or land or water resources.
Section 3. Endangered Species. No waste site or facility shall:
Section 4. Surface Waters. No waste site or facility shall:
Section 5. Groundwater. No waste site or facility shall contaminate an underground drinking water source beyond the point of compliance in excess of the maximum contaminant levels specified in 401 KAR Chapter 8.
Section 6. Application to Land Use for the Production of Food Chain Crops. No waste site or facility shall exist or occur that applies waste within three (3) feet of the surface of land used for the production of food chain crops unless in compliance with all the requirements of subsection (1) or (2) of this section:
Table 1 - Maximum cumulative application |
||
Soil Cation Exchange Capacity (meq/100g) |
Background Pounds/per/Acre Soil pH |
|
<5 |
>6.5 |
4.46 |
5-15 |
>6.5 |
8.92 |
>15 |
>6.5 |
17.84 |
>15 |
<6.5* |
4.46 |
*For soils with a background pH of less than six and five-tenths (6.5), the maximum cumulative cadmium applications rate for soils with a background pH equal to or greater than six and five-tenths (6.5) may be used if the pH of the sludge-soil mixture is adjusted to and maintained at six and five-tenths (6.5) or greater whenever food chain crops are grown.
Section 7. Polychlorinated Biphenyls. No waste site or facility shall exist or occur that places waste containing concentrations of polychlorinated biphenyls (PCBs) equal to or greater than one (1) mg/kg (dry weight) on the land. However, residual landfills may dispose of PCBs in accordance with their permit, and special waste and contained landfills may dispose of wastes containing PCBs equal to forty-nine (49) mg/kg (dry weight) or less.
Section 8. Disease.
Section 9. Air.
Section 10. Safety.
Section 11. Public Nuisance. No waste site or facility shall result in a public nuisance because of blowing litter, debris, or other waste or material.
Section 12. Wetlands. No new or expanded waste site or facility shall be located in wetlands.
Section 13. Karst. No waste site or facility shall allow contamination of karst terrain.
Section 14. Compliance. No waste site or facility shall violate any requirement of KRS Chapter 224 or administrative regulations promulgated pursuant thereto.
STATUTORY AUTHORITY: KRS 224.10-100, 224.40-305