Kentucky Statutes 224.46-530 – Specific authority of cabinet over management of hazardous wastes
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(1) In addition to any other authority or power, the cabinet shall have the authority and power:
(a) To prohibit the placement of bulk or noncontainerized liquid hazardous wastes or free liquids contained in hazardous wastes (whether or not absorbents have been added) in any landfill;
(b) To minimize the disposal of containerized liquid hazardous wastes in landfills and minimize the presence of free liquids in containerized hazardous wastes to be disposed in landfills;
(c) To prohibit the disposal in landfills of any liquids including those that have been absorbed in materials that biodegrade or that release liquids when compressed as might occur during routine landfill operations;
(d) To regulate the production, burning and transporting of any fuel derived from any hazardous waste, any mixture of a material and hazardous waste or from used oil and any other material; and the distribution and marketing of any fuel produced from hazardous wastes, a mixture of hazardous waste and any material or from used oil or any other material or which otherwise contains used oil or any hazardous waste. In regulating any persons and facilities pursuant to this paragraph the cabinet may include but not be limited to establishing requirements for notification, labeling, record keeping, incineration, and any other requirement deemed necessary by the cabinet to protect human health and the environment;
(e) To require corrective action prior to issuing, renewing, or amending a permit for all releases of hazardous wastes or constituents from any waste management unit at a treatment, storage or disposal facility, regardless of when the wastes were placed in such unit. Permits issued, renewed, or amended shall contain schedules of compliance for corrective action and assurances of financial responsibility for completing the corrective action whenever the corrective action cannot be completed prior to a final decision on the permit;
(f) To require or order, at facilities for the treatment, storage or disposal of hazardous wastes, that corrective action be taken beyond the facility boundary where necessary to protect human health and the environment unless the owner or operator of the facility demonstrates that after using best efforts the necessary permission to undertake such action could not be obtained. This requirement applies to all facilities operating under permits issued pursuant to KRS § 224.40-310 to KRS § 224.40-330, 224.43-020, 224.46-505 to 224.46-530,
224.50-130, and 224.50-760 and all landfills, surface impoundments, and waste pile units (including any new units, replacement of existing units or lateral expansions of existing units) which receive hazardous wastes after July
26, 1982;
(g) To condition and issue permits that contain terms and conditions that are necessary to protect human health and the environment;
(h) To require any landfill, surface impoundment, land treatment unit or waste pile unit permitted to operate which receives hazardous waste after July 26,
1982, to comply with the standards concerning groundwater monitoring,
unsaturated zone monitoring, and corrective action which are applicable to new landfills, surface impoundments, land treatment units, and waste pile units required to be permitted under this chapter;
(i) To impose such requirements as may be necessary to protect human health and the environment at any existing landfills, surface impoundments or class of surface impoundments from which the cabinet determines hazardous constituents are likely to migrate into groundwater. Such requirements may include those which would apply if such facility was new;
(j) To regulate the generation, transportation, and use of used oil which is recycled as necessary to protect human health and the environment;
(k) To regulate hazardous waste that is radioactive except to the extent that such waste is source, special nuclear or by-product material as defined by the Atomic Energy Act of 1954, as amended, (68 Stat. 923);
(l) To prohibit the use of waste or used oil or other material which is contaminated or mixed with dioxin or any other hazardous waste, other than a waste identified solely on the basis of ignitability, for dust suppression or road treatment;
(m) To regulate, monitor, and control air emissions at hazardous waste treatment, storage, and disposal facilities including but not limited to open tanks, surface impoundments, and landfills as may be necessary to protect human health and the environment; and
(n) To exclude a waste generated at a particular facility from being regulated as a hazardous waste.
(2) The cabinet shall have the authority to promulgate any regulations necessary to carry out the provisions of this section.
Effective: July 15, 1986
History: Created 1986 Ky. Acts ch. 237, sec. 5, effective July 15, 1986.
Formerly codified as KRS § 224.867.
(a) To prohibit the placement of bulk or noncontainerized liquid hazardous wastes or free liquids contained in hazardous wastes (whether or not absorbents have been added) in any landfill;
Terms Used In Kentucky Statutes 224.46-530
- Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
- Cabinet: means the Energy and Environment Cabinet. See Kentucky Statutes 224.1-010
- Disposal: means the discharge, deposit, injection, dumping, spilling, leaking, or placing of any waste into or on any land or water so that such waste or any constituent thereof may enter the environment or be emitted into the air or discharged into any waters, including ground waters. See Kentucky Statutes 224.1-010
- Hazardous waste: means any discarded material or material intended to be discarded or substance or combination of such substances intended to be discarded, in any form which because of its quantity, concentration or physical, chemical or infectious characteristics may cause, or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness or pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, or disposed of, or otherwise managed. See Kentucky Statutes 224.1-010
- Owner: when applied to any animal, means any person having a property interest in such animal. See Kentucky Statutes 446.010
- Storage: means the containment of wastes, either on a temporary basis or for a period of years, in such a manner as not to constitute disposal of such wastes. See Kentucky Statutes 224.1-010
- Transportation: means any off-site movement of waste by any mode, and any loading, unloading, or storage incidental thereto. See Kentucky Statutes 224.1-010
- Treatment: means any method, technique, or process, including neutralization, designed to change the physical, chemical, or biological character or composition of any waste so as to neutralize such waste or so as to render such waste nonhazardous, safer for transport, amenable for recovery, amenable for storage, or reduced in volume. See Kentucky Statutes 224.1-010
- Waste: means :
(a) "Solid waste" means any garbage, refuse, sludge, and other discarded material, including solid, liquid, semi-solid, or contained gaseous material resulting from industrial, commercial, mining (excluding coal mining wastes, coal mining by-products, refuse, and overburden), agricultural operations, and from community activities, but does not include those materials including, but not limited to, sand, soil, rock, gravel, or bridge debris extracted as part of a public road construction project funded wholly or in part with state funds, recovered material, post-use polymers or recovered feedstocks, tire-derived fuel, special wastes as designated by KRS §. See Kentucky Statutes 224.1-010
(b) To minimize the disposal of containerized liquid hazardous wastes in landfills and minimize the presence of free liquids in containerized hazardous wastes to be disposed in landfills;
(c) To prohibit the disposal in landfills of any liquids including those that have been absorbed in materials that biodegrade or that release liquids when compressed as might occur during routine landfill operations;
(d) To regulate the production, burning and transporting of any fuel derived from any hazardous waste, any mixture of a material and hazardous waste or from used oil and any other material; and the distribution and marketing of any fuel produced from hazardous wastes, a mixture of hazardous waste and any material or from used oil or any other material or which otherwise contains used oil or any hazardous waste. In regulating any persons and facilities pursuant to this paragraph the cabinet may include but not be limited to establishing requirements for notification, labeling, record keeping, incineration, and any other requirement deemed necessary by the cabinet to protect human health and the environment;
(e) To require corrective action prior to issuing, renewing, or amending a permit for all releases of hazardous wastes or constituents from any waste management unit at a treatment, storage or disposal facility, regardless of when the wastes were placed in such unit. Permits issued, renewed, or amended shall contain schedules of compliance for corrective action and assurances of financial responsibility for completing the corrective action whenever the corrective action cannot be completed prior to a final decision on the permit;
(f) To require or order, at facilities for the treatment, storage or disposal of hazardous wastes, that corrective action be taken beyond the facility boundary where necessary to protect human health and the environment unless the owner or operator of the facility demonstrates that after using best efforts the necessary permission to undertake such action could not be obtained. This requirement applies to all facilities operating under permits issued pursuant to KRS § 224.40-310 to KRS § 224.40-330, 224.43-020, 224.46-505 to 224.46-530,
224.50-130, and 224.50-760 and all landfills, surface impoundments, and waste pile units (including any new units, replacement of existing units or lateral expansions of existing units) which receive hazardous wastes after July
26, 1982;
(g) To condition and issue permits that contain terms and conditions that are necessary to protect human health and the environment;
(h) To require any landfill, surface impoundment, land treatment unit or waste pile unit permitted to operate which receives hazardous waste after July 26,
1982, to comply with the standards concerning groundwater monitoring,
unsaturated zone monitoring, and corrective action which are applicable to new landfills, surface impoundments, land treatment units, and waste pile units required to be permitted under this chapter;
(i) To impose such requirements as may be necessary to protect human health and the environment at any existing landfills, surface impoundments or class of surface impoundments from which the cabinet determines hazardous constituents are likely to migrate into groundwater. Such requirements may include those which would apply if such facility was new;
(j) To regulate the generation, transportation, and use of used oil which is recycled as necessary to protect human health and the environment;
(k) To regulate hazardous waste that is radioactive except to the extent that such waste is source, special nuclear or by-product material as defined by the Atomic Energy Act of 1954, as amended, (68 Stat. 923);
(l) To prohibit the use of waste or used oil or other material which is contaminated or mixed with dioxin or any other hazardous waste, other than a waste identified solely on the basis of ignitability, for dust suppression or road treatment;
(m) To regulate, monitor, and control air emissions at hazardous waste treatment, storage, and disposal facilities including but not limited to open tanks, surface impoundments, and landfills as may be necessary to protect human health and the environment; and
(n) To exclude a waste generated at a particular facility from being regulated as a hazardous waste.
(2) The cabinet shall have the authority to promulgate any regulations necessary to carry out the provisions of this section.
Effective: July 15, 1986
History: Created 1986 Ky. Acts ch. 237, sec. 5, effective July 15, 1986.
Formerly codified as KRS § 224.867.