Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO: KRS 224.01, 224.10, 224.40, 224.46, 224.50, 224.70,
224.99
NECESSITY, FUNCTION, AND CONFORMITY: KRS Chapter 224 requires
the cabinet to adopt administrative regulations for the management, processing,
and disposal of special wastes.
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. This chapter establishes the permitting standards for special
waste sites or facilities, and the standards applicable to all special waste
sites or facilities. This administrative regulation sets forth the
classification of special waste sites or facilities for permitting
purposes.
Section 1. Overview. This
administrative regulation sets forth the type of permit a person is required to
obtain prior to engaging in the disposal or management of special waste. The
transition period for complying with requirements of this chapter is contained
in Section 4 of this administrative regulation.
Section 2. Permit Types. This section
establishes the following types of special waste site or facility permits:
(1) Formal permit. A formal permitting
process is established that includes the submittal of a complete application,
review of the application, and permit issuance or denial by the cabinet. A
formal permit shall be obtained by persons engaged in the following activities:
(a) Special waste landfill. This is a
category of waste site or facility designed and operated to accept for disposal
a limited number of special wastes that are characterizable. The administrative
and technical requirements for a special waste landfill are found in
401 KAR
45:030 and
401
KAR 45:110.
(b) Landfarming and composting. This is a
category of special waste site or facility that landfarms or composts special
waste.
1. A special waste landfarming or
composting site or facility that manages municipal wastewater treatment sludge
is classified as a Type A or Type B facility according to the metal
concentrations of the sludge and volume of sludge accepted at the site as
specified in Section 2 of
401 KAR
45:100. A Type B facility may be exempt from some of
the requirements of a formal permit as specified in Section 2 of
401 KAR
45:100.
2.
Other special waste landfarming or composting is the category of site or
facility that manages special waste, other than municipal wastewater treatment
sludge, which is classified using parameters set forth in this administrative
regulation and additional parameters based upon the source, chemical and
physical characteristics of the waste, volume of waste, and its potential for
adverse impact on human health or the environment. Other special waste
landfarming or composting facilities shall be classified as either a Type A or
Type B facility in accordance with Section 2 of
401 KAR
45:100.
(2) Permit-by-rule. This is a category of
waste site or facility permit for certain special waste management practices
listed in
401 KAR
45:060 that are deemed to have a permit without the
owner or operator having made application or registration with the
cabinet.
(3) Registered
permit-by-rule. This is a category of waste site or facility permit for certain
special waste management practices listed in
401 KAR
45:070 that are deemed to have a permit without
further action by the cabinet upon acknowledgement by the cabinet of a complete
registration by the owner or operator.
(4) Emergency permit. This is a category of
special waste site or facility permit for the short-term storage or disposal of
special waste generated during certain emergency situations, issued in
accordance with
401
KAR 45:135.
(5) Research, development, and demonstration
permit. This is a category of special waste or facility permit to demonstrate
unproven technology, issued in accordance with
401
KAR 45:135.
Section 3. Special Waste Formal Permit
Phases. The application process to obtain a formal permit shall consist of two
(2) phases as follows:
(1) Upon approval of a
permit application, the cabinet shall issue a construction permit that
authorizes the owner or operator to commence construction of a site or facility
in accordance with the terms and conditions of the construction permit;
and
(2) Upon completion of the
construction phase the owner or operator shall notify the cabinet, in
accordance with Section 1(11) of
401 KAR
45:140, that construction of the site or facility is
complete. The cabinet shall inspect the site or facility to ensure compliance
with all construction permit requirements, and, upon execution of financial
assurance and the submission of a fee specified in Section 2(1)(d) of
401 KAR
45:250, the cabinet shall issue a
construction/operation permit.
Section
4. Transition from Solid Waste Site or Facility Permits to Special
Waste Site or Facility Permits.
(1) Within
six (6) months of June 24, 1992, any person that possesses a solid waste
landfill or landfarming permit that disposes of special waste as defined in
KRS
224.50-760 issued before the effective date
of this administrative regulation shall file a notice with the cabinet that
states the operator's intent to meet the requirements of this chapter by July
1, 1993.
(2) After July 1, 1993, no
person shall operate a special waste landfill or special waste landfarming
facility unless one (1) of the paragraphs of this subsection is satisfied and
the owner or operator has complied with subsection (1) of this section:
(a) The facility owner or operator possesses
a permit issued or continued under 401 KAR Chapters 47 and 48;
(b) The facility owner or operator possesses
a permit issued or modified to meet the technical standards of this
chapter;
(c) An application for a
permit modification for closure or conversion to a different classification
under this chapter has been filed with the cabinet within twelve (12) months of
June 24, 1992, and the cabinet has not yet rendered a decision with respect to
the complete application; or
(3) An owner or operator of a site or
facility that was previously regulated as a solid waste registered
permit-by-rule, but is now regulated as a special waste registered
permit-by-rule under
401 KAR
45:070, shall be deemed to have a special waste
registered permit-by-rule without having to resubmit a registration.
(4) An owner or operator of a site or
facility that was previously regulated as a solid waste permit-by-rule, but is
now regulated as a special waste registered permit-by-rule, shall register with
the cabinet in accordance with
401 KAR
45:070 by December 31, 1992.
Section 5. Solid Waste Facility Applications
Pending on the Effective Date of this Administrative Regulation. Applications
pending on June 24, 1992, shall be revised to meet all requirements of this
chapter prior to being determined technically complete.
Section 6. Closure Criteria for Sites or
Facilities Not Applying for a Special Waste Permit. Any person disposing of
special waste under a solid waste landfill or landfarming permit issued before
June 24, 1992, who elects to cease operation at the facility by July 1, 1993,
shall comply with the closure requirements of the solid waste permit and 401
KAR Chapters 47 and 48.
STATUTORY AUTHORITY:
KRS
224.10-100,
224.40-305,
224.50-760