Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO: KRS 224.01, 224.10, 224.40, 224.46, 224.50,
224.99
NECESSITY, FUNCTION, AND CONFORMITY: KRS Chapter 224 requires
the cabinet to adopt administrative regulations for the management, processing
or disposal of 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 technical
and operating requirements for special waste landfills.
Section 1. Design Requirements. The
engineering design for a special waste landfill shall demonstrate compliance
with
401 KAR
30:031 and the siting standards of
401 KAR
45:130 considering the following:
(1) The physical and chemical characteristics
of the waste, including compatibility of the waste with the liner, if required;
cover materials, if required; and water that may come in contact with the
waste;
(2) Volume of
waste;
(3) The climatic conditions
in the area;
(4) The permeability
of the liner material, if required. The liner shall assure containment of the
waste on site and compliance with
401 KAR
30:031;
(5) The properties of the soil underlying the
facility;
(6) Hydrogeologic
characteristics of the site including quality, quantity, current use, and
direction of groundwater flow;
(7)
The design of the facility leachate control system, run-off control system, and
gas migration control, if required, as it relates to the physical and chemical
characteristics of the waste, the climatic conditions of the specific location,
the volume of leachate and contaminated run-off collected at the
facility;
(8) The proximity of the
facility to surface water and groundwater;
(9) The potential for gas emissions and
odors; and
(10) Any additional
requirements specified by the cabinet.
Section 2. Construction Quality Control Plan.
(1) An applicant for a special waste landfill
permit shall submit a construction quality control plan conforming to Section 4
of this administrative regulation containing the following elements:
(a) The persons responsible for each part of
the quality control plan;
(b)
Frequencies and specifications for inspections and tests;
(c) Forms to be used;
(d) Survey control system of plan views and
cross-sections for such inspections and tests; and
(e) A statement to be used for certifying
that the quality control plan was followed by the owner or operator.
(2)
(a) The construction quality control plan
shall provide assurance that the layers of the homogeneous low permeability
soil liners, if required, are compacted using nonvibratory compactors with full
depth penetrating feet with a minimum of six (6) passes per soil layer. The
compacter ballast shall be varied to prevent reaching the desired proctor
density within less than six (6) passes. The foot length shall be one (1) inch
longer than the loose soil layer thickness.
(b) Smooth rollers may be used at the end of
each work period to seal the surface from rain infiltration.
Section 3. Operating
Requirements.
(1) The owner or operator of a
special waste landfill shall operate the facility in accordance with the
requirements of KRS Chapter 224, the requirements of this chapter, the
conditions of the special waste landfill permit issued by the cabinet, and the
operational plan filed with and approved by the cabinet.
(2) The owner or operator of a special waste
landfill shall operate the facility in such a manner to ensure compliance with
401 KAR
30:031.
(3) The owner or operator of a special waste
landfill shall inspect the site and operation at a sufficient frequency to
ensure compliance with
401 KAR
30:031.
(4) The owner or operator of a special waste
site or facility that is open to the public shall have a sign located at the
entrance that indicates the landfill name, the names of the owner and the
operator, the hours that the landfill is accepting wastes, the permit number,
the contact person, and the emergency telephone number.
(5) One (1) copy of the permit application
shall be returned to the permittee. The permit with all applicable conditions
shall be conspicuously displayed at all special waste sites or facilities with
a formal permit for the duration of the permit period. A copy of the approved
application, including plans, shall be available at the site, or at a location
approved by the cabinet.
(6)
Records and reports shall be maintained and submitted in accordance with the
requirements of Section 4 of this administrative regulation and Section 1(8) of
401 KAR
45:140.
(7) The cabinet may place additional
requirements on the owner or operator of a special waste landfill if necessary
to ensure compliance with
401 KAR
30:031.
Section 4. Special Waste Landfill
Recordkeeping and Reporting. An applicant for a special waste landfill permit
shall submit plans for a recordkeeping and reporting system. The plan shall
meet the following requirements:
(1) Surface
water and groundwater samples shall be collected and analyzed according to
401
KAR 45:160 and the following criteria:
(a) Samples and measurements taken for the
purpose of monitoring shall be representative of the monitored
activity.
(b) The owner or operator
shall retain records of all monitoring information, copies of all reports
required by the permit, and records of all data used to complete the
application for the permit, for a period of at least three (3) years from the
date of the sample, measurement, report, certification, or application. This
period may be extended by request of the cabinet at any time. In addition, the
owner or operator shall maintain records from all groundwater monitoring wells
and associated ground-water surface evaluations, for the active life of the
facility, and for the closure care period as well.
(c) Records of monitoring information shall
include:
1. Date, exact place, and time of
sampling or measurements;
2.
Individual who performed the sampling or measurements;
3. Date analyses were performed;
4. Individual who performed the
analyses;
5. Analytical techniques
or methods used; and
6. Results of
such analyses.
(2) A summary of the monitoring information
shall be submitted to the cabinet semiannually.
(3) If the owner or operator is conducting
surface water and groundwater monitoring that meets the requirements of this
chapter as part of a permit other than the special waste permit, certified
copies of records and reports may be submitted to the cabinet rather than
conducting and maintaining duplicative monitoring requirements.
Section 5. Closure and Postclosure
Requirements.
(1) A special waste landfill
shall be closed in a manner that complies with
401 KAR
30:031. The owner or operator of a special waste
landfill shall submit a closure plan that includes a closure design as
specified in subsection (2) of this section, a closure cost estimate in
accordance with Section 2 of
401
KAR 45:080, a narrative discussing the closure plan's
conformance with
401 KAR
30:031 and a schedule for implementation of the
plan.
(2) A closure plan shall have
a closure design prepared to specify the function and design of the final cover
on the special waste landfill considering:
(a) The type and amount of waste in the
facility;
(b) The mobility and
expected rates of migration of the waste or leachate constituents;
(c) The site location, topography,
surrounding land use, and final site use;
(d) The climatic conditions in the
area;
(e) The characteristics of
the cover material including its chemical and physical composition,
erodibility, slope stability, final surface contours, thickness, porosity,
permeability, slope, length of run of slope, and type of vegetation on the
cover; and
(f) The geology and soil
profiles and surface and subsurface hydrology of the site.
(3) A postclosure plan shall be submitted by
the owner or operator of the special waste landfill that includes a monitoring
and maintenance schedule for the landfill and a postclosure cost estimate in
accordance with Section 3 of
401
KAR 45:080.
(4) Upon cessation of special waste disposal
activities at the landfill, the owner or operator shall implement the approved
closure plan in accordance with its terms and the requirements of this chapter.
An owner or operator may be required to revise a closure plan prior to
implementation.
(5) Upon completion
of the implementation of an approved closure plan, a special waste landfill
shall be maintained under its postclosure plan for a minimum of five (5) years
in a manner that complies with
401 KAR
30:031.
(6) The cabinet may release a portion of the
financial assurance executed in accordance with
401
KAR 45:080 in an amount that exceeds the funds
necessary to maintain the final cover to correct vegetative growth and erosion,
and the cost of postclosure environmental monitoring two (2) years into the
five (5) year period established in subsection (5) of this section. These funds
shall be released upon inspection of the permit records and the site to
determine that it is in compliance with all regulatory requirements, the terms
of its closure plan and it has at least a ninety (90) percent permanent
vegetative cover or other cover as approved by the cabinet. The excess funds
shall be released within 180 days of the cabinet's determination of the
existence of excess financial assurance.
(7) The owner or operator of a special waste
landfill shall record a notice that shall in perpetuity notify any potential
purchaser of the property of the location and time of the operation of the
facility, the nature of the waste placed in the site and a caution against
future disturbance of the area. This notice shall be recorded in accordance
with KRS Chapter 382 and proof of recording shall be submitted to the cabinet
prior to acceptance of certification of closure of the landfill.
(8) At the conclusion of the five (5) year
postclosure monitoring period, the owner or operator of the special waste
landfill shall submit a certification that closure and postclosure of the site
is complete in accordance with the approved closure and postclosure plans, and
that the site is in conformance with the terms of this chapter and
401 KAR
30:031. The cabinet shall review the certification,
conduct a site visit and review the permit records to determine if the site is
closed in accordance with this chapter,
401 KAR
30:031, and KRS Chapter 224. If the certification of
closure is accurate and there is no outstanding environmental violations at the
site, the cabinet shall accept the certification of closure and, within 180
days of accepting the certification, release any remaining financial assurance
executed under
401
KAR 45:080.
(9) Any necessary environmental remediation
steps or corrective action for groundwater contamination required under
401
KAR 45:160 shall be performed before the special waste
landfill post-closure is certified as complete and financial assurance is
released.
STATUTORY AUTHORITY:
KRS
224.10-100,
224.40-305,
224.50-760