Current through Register Vol. 50, No. 9, March 1, 2024
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
224.10-100(28) authorizes
the cabinet to promulgate administrative regulations not inconsistent with the
provisions of law administered by the cabinet.
KRS
224.40-305 requires persons who establish,
construct, operate, maintain or permit the use of a waste site or facility to
obtain a permit, pursuant to administrative regulations adopted by the cabinet.
KRS
224.50-760(1)(d) authorizes
the cabinet to promulgate administrative regulations for the management of
special wastes. This administrative regulation establishes definitions for 401
KAR Chapter 45, concerning the management of special wastes and the training
and certification of operators of special waste sites or facilities.
Section 1. Definitions.
(1) "Beneficial reuse" means the use or reuse
of special wastes, other than solids, residues, and precipitate separated from
or created in sewage from humans, households, or commercial establishments by
the processes of a wastewater treatment plant that are subject to the
provisions of
401 KAR
45:100, in a manner that complies with the
environmental performance standards of
401 KAR
30:031 and all other applicable requirements of 401
KAR Chapter 45.
(2) "Certified
operator" means a special waste site or facility operator who holds a valid
certificate upon the successful completion of an approved training course and
examination. The categories of certified operator shall be: composting
operator, interim operator, landfarming operator, and landfill
operator.
(3) "Closure" is defined
by
KRS
224.1-010(4).
(4) "Coal combustion by-products":
(a) Means special waste including fly ash,
bottom ash, or scrubber sludge residues produced by coal-fired electrical
generating units: and
(b) Does not
mean residues of refuse derived fuels such as municipal waste, tires, or
solvents.
(5)
"Composting" means the process by which biological decomposition of organic
special waste is carried out under controlled aerobic conditions, and that
stabilizes the organic fraction into a material that can easily and safely be
stored, handled, and used in an environmentally acceptable manner. Composting:
(a) May include a process that creates an
anaerobic zone within the composting material; and
(b) Does not include simple exposure of
special waste under uncontrolled conditions resulting in natural
decay.
(6) "Composting
operator" means a certified operator who is the individual responsible for
ensuring compliance with all permit conditions at a composting facility and who
is reasonably available to the facility during operations.
(7) "Construction permit" means a formal
permit issued by the cabinet to an owner or operator of a special waste site or
facility that authorizes the owner or operator to commence site preparation
prior to the disposal or management of special waste.
(8) "Construction/operation permit" means a
formal permit issued by the cabinet to an owner or operator of a special waste
site or facility that authorizes the owner or operator to accept special waste
for disposal or management. This permit is issued only after the construction
of the site or facility has been certified as complete by the cabinet and the
necessary financial assurance has been executed.
(9) "Formal permit" means a permit for
special waste landfills, landfarming operations, and composting operations
issued by the cabinet after review of the designated application form and
completion by the applicant of the requirements of this chapter.
(10) "Horizontal expansion" means any
increase in the capacity of a special waste landfill that expands the waste
boundary of the landfill beyond the original waste boundaries contained in the
approved permit application.
(11)
"Interim operator" means a person who assumes the position of a special waste
site or facility operator in the absence of a designated certified operator
pursuant to
401 KAR
45:090, Section 11.
(12) "Landfarming facility" means a special
waste site or facility for land application of sludges or other special waste
by any method for purposes of disposal. It can be on any piece or pieces of
land, subject to approval, 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.
(13) "Landfarming operator" means a certified
operator who is the individual responsible for ensuring compliance with all
permit conditions at a landfarming site or facility and who is reasonably
available to the site or facility during operations.
(14) "Landfill operator" means a certified
operator who is the individual with primary responsibility for management and
operation of a special waste landfill to assure compliance with all permit
conditions and is reasonably available to the site or facility during
operations.
(15) "Postclosure"
means the routine care, maintenance, and monitoring of a special waste site or
facility following closure of the facility.
(16) "Special waste":
(a) Is established by
KRS
224.50-760(1)(a);
and
(b) Does not include special
wastes that are coal combustion residuals governed by 401 KAR Chapter
46.
(17) "Special waste
site or facility" means any land, real property, appurtenance, building,
structure, or installation where special waste is managed, processed,
beneficially reused, or disposed.
Section 2. Acronyms and Abbreviations. The
acronyms and abbreviations used in this chapter are listed in Table 1.
Table 1. Acronyms and Abbreviations
|
C.F.R.
|
Code of Federal Regulations
|
EPA
|
Environmental Protection Agency
|
FDIC
|
Federal Deposit Insurance Corporation
|
FSLIC
|
Federal Savings and Loan Insurance Corporation
|
KAR
|
Kentucky Administrative Regulations
|
KPDES
|
Kentucky Pollutant Discharge Elimination
System
|
KRS
|
Kentucky Revised Statutes
|
NCUA
|
National Credit Union Administration
|
NPDES
|
National Pollutant Discharge Elimination
System
|
PCB
|
Polychlorinated Biphenyls
|
POTW |
Publicly Owned Treatment Works |
U.S.C.
|
United States Code
|
USDA
|
United States Department of Agriculture
|
USGS
|
United States Geological Survey
|
STATUTORY AUTHORITY:
KRS
224.10-100(28),
224.40-305,
224.50-760(1)(d)