Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO: KRS 224.1, 224.10, 224.40, 224.46, 224.50,
224.99
NECESSITY, FUNCTION, AND CONFORMITY: KRS Chapter 224 requires
the cabinet to promulgate administrative regulations for the management,
processing, and disposal of wastes.
KRS
224.40-305 requires persons who establish,
conduct, operate, maintain, or permit the use of a waste site or facility to
obtain a permit. This administrative regulation establishes the requirements
for a special waste permit-by-rule.
Section
1. Permit-by-rule. Notwithstanding any other provision of this
chapter, the following special waste sites or facilities shall be deemed to
have a permit without the owner or operator having made application or
registration with the cabinet, if the operation is a practice common to the
industry, if the site or facility is not in violation of
401 KAR
30:031, and if the operation does not present a threat
or potential threat to human health or the environment:
(1) Pits subject to
401
KAR 5:090;
(2) Temporary storage of special waste in
piles;
(3) Injection wells:
(a) Used for disposal of special waste
subject to
805 KAR
1:110; or
(b) In compliance with an underground
injection control permit issued by the U.S. EPA;
(4) Special waste surface impoundments with a
KPDES permit;
(5) If the facility
is in compliance with the KPDES or NPDES permit, surface impoundments that:
(a) Treat domestic sewage and that do not
contain any industrial wastewater; or
(b) Are publicly owned treatment works for
the treatment of domestic sewage; and
(6) Beneficial reuse of coal combustion
by-products for placement at active or abandoned underground or surface coal
mines, including structural fill, backfill, material for contouring, mine
stabilization, and reclamation material, if:
(a) The utilization of coal combustion
by-products does not result in the creation of a nuisance condition;
(b) Erosion and sediment control measures
consistent with sound engineering practices shall be undertaken;
(c) Unless permission has been obtained from
the appropriate regulatory agency, the use is not within 100 feet of existing
streams or 300 feet of existing drinking water wells, floodplains, or
wetlands;
(d) The generator
characterizes the nonhazardous nature of the coal combustion byproducts;
and
(e) The generator submits to
the cabinet an annual report that identifies the:
1. Type and amount of coal combustion
by-products released for reuse;
2.
Name and address of each recipient of coal combustion by-products;
and
3. Specific use, if known, of
each recipient made of the coal combustion by-products.
Section 2.
Noncompliances.
(1) A special waste
permit-by-rule site or facility that is not operating in compliance with
Section 1 of this administrative regulation shall be subject to appropriate
enforcement action, including corrective action or revocation.
(2) The cabinet may require the owner or
operator of a special waste permit-by-rule site or facility to upgrade the
permit to a registered permit-by-rule if doing so will ensure that the
requirements of this chapter and the environmental performance standards of
401 KAR
30:031 are met.
STATUTORY AUTHORITY:
KRS
224.10-100,
224.40-305,
224.50-760
