Kentucky Statutes 224.50-856 – Disposal of waste tires — Exceptions — Use of tire-derived fuel — Accumulation of waste tires — Transportation
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(1) No person shall engage in disposal of waste tires in Kentucky except by transfer to a permitted solid waste disposal facility and except as follows:
(a) 1. If transferred to a contained landfill, the waste tires shall be processed to prevent the entrapment of air or water;
2. If transferred to a residual landfill, the waste tires shall be rendered suitable for disposal in a landfill and the landfill shall accept only waste tires for disposal; or
3. If transferred to an incinerator or to any facility for use as a fuel, the incinerator or other facility shall be permitted in accordance with KRS § 224.20-110 and KRS § 224.40-310 to allow the burning of waste tires and shall have received a local determination related to the waste tires in accordance with KRS § 224.40-315(1); and
(b) Facilities proposing to use tire-derived fuel, as that term is defined in KRS
224.1-010(53), as a fuel or for other energy recovery, shall not be required to receive a local determination related to the tire-derived fuel use under KRS § 224.40-315(1). The Division of Air Quality shall provide for public notice and an opportunity for comment on any application seeking approval for use of tire-derived fuel.
(2) No person shall accumulate more than twenty-five (25) waste tires in Kentucky at a time for processing, by baling, chopping, recycling, shredding, or other means of changing their shape, size, or chemical content without meeting the requirements of the waste tire program. For processing which had been approved by the cabinet before July 15, 1998, the person who had received the approval shall register within forty-five (45) days of July 15, 1998.
(3) No person shall transport more than fifty (50) waste tires in Kentucky at a time, either in one (1) vehicle or more than one (1) vehicle managed by or operated under contract with that person, without meeting the requirements of the waste tire program, unless transported in accordance with subsection (5) of this section.
(4) No person shall accumulate more than one hundred (100) waste tires in Kentucky at a time without meeting the requirements of the waste tire program, unless exempted by KRS § 224.50-854 or accumulated in accordance with subsection (5) or (6) of this section. For accumulations of more than one hundred (100) tires not accumulated in accordance with subsection (5) or (6) of this section and existing on July 15, 1998, the person who has accumulated the tires shall register within forty-five (45) days of July 15, 1998.
(5) A person making retail sales of new motor vehicle tires in Kentucky may accumulate up to one thousand (1,000) waste tires at the place where retail sales are made without registering as an accumulator as required by KRS
224.50-858, if the waste tires are stored in accordance with the requirements of KRS § 224.50-860(3), (5), (6), (7), and (8), and stored on-site in a building, in an adjacent covered area, or closed container where public access is prohibited after business hours. The retailer may transport the waste tires it accumulates at the place where retail sales are made without registering as a transporter as
required by KRS § 224.50-858 if the waste tires will remain in the retailer’s possession until they reach their destination.
(6) An automotive recycling dealer in Kentucky who is licensed by the Transportation Cabinet pursuant to KRS § 190.010 to KRS § 190.080 may accumulate up to one thousand (1,000) waste tires at the place where automotive recycling is done without registering as an accumulator as required by KRS § 224.50-858 if the waste tires are stored in accordance with KRS § 224.50-860(2) to (11) and stored on-site in a building, in an adjacent covered area, or closed container where public access is prohibited after business hours.
Effective:June 29, 2017
History: Amended 2017 Ky. Acts ch. 117, sec. 24, effective June 29, 2017. — Amended 2007 Ky. Acts ch. 30, sec. 2, effective June 26, 2007. — Created 1998
Ky. Acts ch. 529, sec. 4, effective July 15, 1998.
(a) 1. If transferred to a contained landfill, the waste tires shall be processed to prevent the entrapment of air or water;
Terms Used In Kentucky Statutes 224.50-856
- area: means any geographical area established or designated by the cabinet in accordance with the provisions of this chapter. See Kentucky Statutes 224.1-010
- Cabinet: means the Energy and Environment Cabinet. See Kentucky Statutes 224.1-010
- Contract: A legal written agreement that becomes binding when signed.
- 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
- Recycling: means any process by which materials which would otherwise become solid waste are collected, separated, or processed and reused or returned to use in the form of raw materials or products, including refuse-derived fuel when processed in accordance with administrative regulations established by the cabinet, but does not include the incineration or combustion of materials for the recovery of energy. 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
- 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
2. If transferred to a residual landfill, the waste tires shall be rendered suitable for disposal in a landfill and the landfill shall accept only waste tires for disposal; or
3. If transferred to an incinerator or to any facility for use as a fuel, the incinerator or other facility shall be permitted in accordance with KRS § 224.20-110 and KRS § 224.40-310 to allow the burning of waste tires and shall have received a local determination related to the waste tires in accordance with KRS § 224.40-315(1); and
(b) Facilities proposing to use tire-derived fuel, as that term is defined in KRS
224.1-010(53), as a fuel or for other energy recovery, shall not be required to receive a local determination related to the tire-derived fuel use under KRS § 224.40-315(1). The Division of Air Quality shall provide for public notice and an opportunity for comment on any application seeking approval for use of tire-derived fuel.
(2) No person shall accumulate more than twenty-five (25) waste tires in Kentucky at a time for processing, by baling, chopping, recycling, shredding, or other means of changing their shape, size, or chemical content without meeting the requirements of the waste tire program. For processing which had been approved by the cabinet before July 15, 1998, the person who had received the approval shall register within forty-five (45) days of July 15, 1998.
(3) No person shall transport more than fifty (50) waste tires in Kentucky at a time, either in one (1) vehicle or more than one (1) vehicle managed by or operated under contract with that person, without meeting the requirements of the waste tire program, unless transported in accordance with subsection (5) of this section.
(4) No person shall accumulate more than one hundred (100) waste tires in Kentucky at a time without meeting the requirements of the waste tire program, unless exempted by KRS § 224.50-854 or accumulated in accordance with subsection (5) or (6) of this section. For accumulations of more than one hundred (100) tires not accumulated in accordance with subsection (5) or (6) of this section and existing on July 15, 1998, the person who has accumulated the tires shall register within forty-five (45) days of July 15, 1998.
(5) A person making retail sales of new motor vehicle tires in Kentucky may accumulate up to one thousand (1,000) waste tires at the place where retail sales are made without registering as an accumulator as required by KRS
224.50-858, if the waste tires are stored in accordance with the requirements of KRS § 224.50-860(3), (5), (6), (7), and (8), and stored on-site in a building, in an adjacent covered area, or closed container where public access is prohibited after business hours. The retailer may transport the waste tires it accumulates at the place where retail sales are made without registering as a transporter as
required by KRS § 224.50-858 if the waste tires will remain in the retailer’s possession until they reach their destination.
(6) An automotive recycling dealer in Kentucky who is licensed by the Transportation Cabinet pursuant to KRS § 190.010 to KRS § 190.080 may accumulate up to one thousand (1,000) waste tires at the place where automotive recycling is done without registering as an accumulator as required by KRS § 224.50-858 if the waste tires are stored in accordance with KRS § 224.50-860(2) to (11) and stored on-site in a building, in an adjacent covered area, or closed container where public access is prohibited after business hours.
Effective:June 29, 2017
History: Amended 2017 Ky. Acts ch. 117, sec. 24, effective June 29, 2017. — Amended 2007 Ky. Acts ch. 30, sec. 2, effective June 26, 2007. — Created 1998
Ky. Acts ch. 529, sec. 4, effective July 15, 1998.