Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO: KRS 224.01, 224.10, 224.40, 224.50
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,
conduct, 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 establishes the program for
education, testing, and certification of operators of special landfarming sites
or facilities in accordance with
KRS
224.40-605.
Section 1. Applicability.
(1) The requirements of this administrative
regulation apply to all special waste landfills, landfarms, and composting
facilities operating under formal permits, as identified in
401 KAR
45:020, Section 2(1)(a) and (b).
(2) The owner or operator shall ensure that
all technical operations at the special waste site or facility are conducted by
or under the direction of an individual with a valid certification under this
administrative regulation. The landfill, landfarming, or composting operator
shall be reasonably available at the site or facility during
operation.
(3) The certified
operator shall ensure that all operations are conducted in compliance with this
chapter.
(4) A special waste site
or facility permit may be revoked or subject to other enforcement actions upon
violation of the requirements of this administrative
regulation.
Section 2.
Transition of Certification.
(1) Persons
holding a valid certification for landfill manager, landfill operator, and
landfarming operator under
401 KAR
47:070 shall be deemed to hold a valid certification
under this chapter until the certification expires. At the time a certification
expires, the certificate holder shall obtain special waste certification under
this administrative regulation.
(2)
Persons operating a special waste landfill who were not previously certified to
operate a residual landfill under 401 KAR Chapter 47 shall obtain certification
under this chapter within one (1) year of June 24, 1992.
(3) Persons operating a special waste
composting or landfarming site or facility shall obtain certification within
one (1) year of June 24, 1992.
Section
3. General Provisions for Landfills.
(1) Each special waste landfill shall have a
landfill operator certified in accordance with this administrative
regulation.
(2) No special waste
landfill shall operate in the absence of a certified operator without the
appointment of an interim operator in accordance with Section 11 of this
administrative regulation.
Section
4. General Provisions for Landfarming and Composting Facilities.
(1) Each landfarming or composting facility
shall have an operator certified in accordance with this administrative
regulation.
(2) No landfarming or
composting facility shall operate in the absence of a certified operator
without the appointment of an interim operator in accordance with Section 11 of
this administrative regulation.
Section 5. Application for Certification.
(1) Persons desiring to be certified shall
submit an application at least thirty (30) days prior to the scheduled training
class. Applicants for training and examination shall use form DEP 6031 entitled
"Application for Certification" (November 2016). The requirements contained in
the application for certification are incorporated in this administrative
regulation by reference. The application may be obtained from the Division of
Waste Management, 300 Sower Boulevard, Frankfort, Kentucky 40601, (502)
564-6716, between the hours of 8 a.m. to 4:30 p.m., Eastern Time, Monday
through Friday, or from the Web site at
eec.ky.gov/environmental-protection/waste.
(2) The cabinet shall review applications and
supporting documents, determine the eligibility of the applicant for
examination, and notify the applicant of the determination.
(3) No person shall be eligible for
examination for certification unless that person completes the appropriate
training course provided by the cabinet, unless an alternative training program
is accepted by the cabinet in accordance with Section 6 of this administrative
regulation.
Section 6.
Training Course Requirements.
(1) The cabinet
shall provide training courses for individuals desiring to become certified.
All applicants for certification shall be required to attend a training course
provided by the cabinet, unless alternate training is accepted under subsection
(3) of this section.
(2) The
training course shall address the technical and legal aspects of the facility
type for which operator certification is sought.
(a) The training course for landfill
operators shall include:
1. Permit application
requirements for special waste landfills, including technical and
administrative requirements;
2.
Waste characterization;
3. Chemical
and biologic reactions associated with the waste;
4. Hydrogeologic and engineering factors
associated with the facility;
5.
Operational requirements and achieving compliance with
401 KAR
30:031;
6.
Duties and responsibilities associated with landfill management;
7. Requirements of this chapter as they apply
to facility operation, including environmental monitoring, operations
requirements, and maintaining compliance with
401 KAR
30:031;
8.
Evaluating site suitability to receive wastes;
9. Environmental considerations in preventing
violations of this chapter;
10.
Maintaining equipment; and
11.
Facility safety.
(b) The
training course for landfarm and composting operators shall include:
1. Requirements of this chapter as they apply
to facility operation and management;
2. Wastewater treatment processes;
3. Waste characterization;
4. Chemical and biological reactions
associated with the waste;
5.
Landfarming design and management;
6. Permit application requirements for
special waste landfarms;
7.
Environmental considerations in preventing violations of this
chapter;
8. Achieving and
maintaining compliance with
401 KAR
30:031;
9.
Evaluating site suitability to receive waste;
10. Maintaining equipment;
11. Facility safety; and
12. Duties and responsibilities associated
with operating a landfarm.
(3) The cabinet may accept alternate training
courses, provided they result in a level of competence equivalent to that of
participation in the cabinet's training course. It shall be the applicant's
responsibility to submit documentation as the cabinet requires for an
equivalency judgement of the alternate training course. This information shall
contain at a minimum the following specifics: the course name; sponsoring
agency; the date, location, and beginning and ending times of the course; a
summary of the course content of sufficient detail to determine relevance and
quality of the course; and a copy of the certificate received.
Section 7. Training and
Examinations.
(1) After training is complete,
time shall be set aside for the purpose of examinations to determine the
knowledge and ability of the applicant.
(2) Separate examinations shall be prepared
to cover basic differences in the duties and responsibilities for the operation
of each category of special waste site or facility.
(3) Applicants who fail to pass an
examination may reapply for the examination at a regularly scheduled
examination or by appointment with the cabinet. The cabinet shall require the
applicant to attend the training session again if the applicant fails to pass
the examination in three (3) attempts.
Section 8. Education and Equivalencies.
(1) All applicants shall be evaluated by the
cabinet as to education and experience as related to the appropriate category
of special waste site or facility.
(2)
(a)
Applicants for landfill operator shall have completed high school, by
graduation or by obtaining an equivalency certificate, and shall have a minimum
of one (1) year of experience at a landfill facility.
(b) If an applicant for landfill operator
does not meet the requirements of paragraph (a) of this subsection, the cabinet
may consider the number of years of experience in operating a landfill or
experience in a related field such as heavy equipment operator, road
construction, surface mining.
(3)
(a)
Applicants for landfarming or composting operator shall have completed high
school, by graduation or by obtaining an equivalency certificate, and shall
have a minimum of one (1) year of experience at a landfarming or composting
facility.
(b) If an applicant for
landfarming or composting operator does not meet the requirements of paragraph
(a) of this subsection, the cabinet may consider the number of years of
experience in operating a landfarming facility or experience in a related field
such as wastewater treatment or water treatment in determining eligibility for
examination on a year-for-year basis.
Section 9. Issuance of a Certificate.
(1) Certification may be issued to
individuals upon meeting the minimum education requirements, work experience,
and the course work requirements of this administrative regulation and passing
the examination in accordance with Section 5 of this administrative
regulation.
(2) Certification shall
not be valid if obtained through fraud, deceit, or the submission of inaccurate
data.
Section 10.
Issuance of Certificate.
(1) A certification
shall be issued for a period of five (5) years, at the end of which the
certification shall expire, unless renewed. Renewal procedures and requirements
shall be the same as those for a new certification.
(2) The certification of an operator whose
employment at a special waste site or facility terminates shall remain valid
until expiration or revocation of certification.
(3) Certificates shall be carried on the
person of the certified operator during working hours at the facility, or shall
be prominently displayed at the facility office.
(4)
(a) The
cabinet may revoke the certification of an operator if the operator:
1. Has practiced fraud or
deception;
2. Has failed to perform
his duties under this chapter;
3.
Has failed to use reasonable care and judgement in performance of his duties
under this chapter; or
4. Has
knowingly or willfully violated the requirements of this chapter.
(b) Individuals who have had their
certification revoked shall be ineligible for future recertification.
Section 11. Interim
Operators.
(1) The permittee shall be
responsible for actions of an interim operator. The permittee shall notify the
cabinet in writing if the special waste site or facility will not have a
certified operator for more than fourteen (14) consecutive operating
days.
(2) Consecutive operating
days, as used in subsection (1) of this section, shall be determined as any
days:
(a) When the special waste site or
facility accepts waste, operates equipment, or otherwise performs the business
of special waste management; and
(b) That occur in sequence, regardless of
whether nonoperating days such as weekends or holidays fall in
between.
(3) The
notification required by subsection (1) of this section shall be provided at
least ten (10) days prior to an anticipated absence, and immediately upon
discovery of an unanticipated absence. The notification shall contain:
(a) The name, address, and qualifications of
the interim operator;
(b) The
length of time for which the permittee seeks to have an interim operator rather
than a certified operator; and
(c)
Reasons for replacement of the certified operator with an interim
operator.
(4) The cabinet
shall evaluate the qualifications of the designated interim operator and shall
notify the permittee of the cabinet's determination in writing within thirty
(30) days of receipt of the permittee's notice. The determination shall:
(a) Approve, conditionally approve, or deny
the permittee's request for designation of the interim operator;
(b) Identify the length of time an interim
operator may operate the special waste site or facility; and
(c) Specify conditions as appropriate to the
site and the interim operator's qualifications.
(5) An interim operator shall obtain
certification under this administrative regulation within fifteen (15) months
of becoming an interim operator.
(6) The cabinet may revoke the appointment of
an interim operator in accordance with Section 10(4)(a) of this administrative
regulation. Revocation shall render the person ineligible for operator
certification under Section 10(4)(b) of this administrative
regulation.
Section 12.
Fees.
(1) Fees for application for
certification shall be:
(a) $125 for
application for certification as a landfill operator;
(b) $125 for certification as a landfarming
or composting operator;
(c) Fifty
(50) dollars for certification by reciprocity for all categories of operator;
and
(d) $100 dollars for attendance
at the certification training without taking the examination.
(2) Fees shall accompany
applications and shall not be returned to those who do not qualify for a
certificate.
STATUTORY AUTHORITY:
KRS
224.10-100,
224.40-100,
224.40-305,
224.40-605,
224.50-760