Kentucky Statutes 224.46-510 – Generation of hazardous waste, standards — Report by cabinet to county government — Criteria for determining whether waste is hazardous and list of hazardous wastes to be set by regulation
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(1) The cabinet shall promulgate regulations which establish standards for the generators of hazardous waste by amount of waste generated requiring such generators to do any or all of the following:
(a) Compile and maintain such information and record keeping regarding the quantities of hazardous waste generated, characteristics and composition of such waste and disposition of hazardous waste generated;
(b) Utilize proper labeling and containerization of hazardous waste as required by the cabinet;
(c) Utilize a manifest for each shipment of hazardous waste and assure that the facility to which the waste is designated is a permitted facility;
(d) Provide information on the general chemical composition of the hazardous waste to persons transporting, treating, storing or disposing of hazardous waste;
(e) Keep all records and copies of manifest readily available for review and inspection by the designated representative of the cabinet;
(f) Retain all records and manifest copies for a minimum of three (3) years or as required by the cabinet;
(g) Compile a periodic report of hazardous waste generated, stored, transferred, treated, disposed or transported for treatment, storage, or disposal as required by the cabinet;
(h) Provide the report required in paragraph (g) of this subsection to the county judge/executive of the county or chief executive officer of an urban-county government within which the waste site or facility which will receive waste from the generator is located and to the county judge/executive of the county or chief executive officer of an urban-county government within which the generator is located in order that the county judge/executive or chief executive officer may make the report available to the county law enforcement and emergency services for emergency planning purposes.
(2) Any person who generates waste in this state shall make a determination as to whether or not such waste is hazardous pursuant to criteria promulgated by the cabinet, and any generator of hazardous waste shall certify that all information required in notices or reports to the cabinet or information provided on the manifest document is factual.
(3) The cabinet shall promulgate regulations specifying the criteria by which wastes may be determined to be hazardous and based on use of these criteria maintain and update a list of wastes identified as hazardous wastes which shall be subject to the hazardous waste management provisions of KRS § 224.46-505 to KRS § 224.46-570. The criteria and lists promulgated by the cabinet shall be identical to any such criteria and lists proposed or promulgated by the United States Environmental Protection Agency pursuant to the Resource Conservation and Recovery Act of 1976, as
amended (Public Law 94-580). In providing for the management of hazardous waste, the cabinet shall establish classes or categories of hazardous waste reflecting the relative degree of hazard consistent with the Resource Conservation and Recovery Act of 1976, as amended (Public Law 94-580), and regulations issued pursuant thereto. Any person generating any substance which either meets the criteria or is identified as hazardous waste shall within ninety (90) days of promulgation of the regulation so notify the cabinet.
Effective: July 15, 1986
History: Amended 1986 Ky. Acts ch. 237, sec. 2, effective July 15, 1986; and ch. 298, sec. 3, effective July 15, 1986. — Amended 1984 Ky. Acts ch. 111, sec. 190, effective July 13, 1984. — Created 1980 Ky. Acts ch. 264, sec. 4, effective July 15, 1980.
Formerly codified as KRS § 224.864.
Legislative Research Commission Note. Acts 1986, ch. 237, § 9, provides: “The regulations promulgated under the introductory paragraph of subsection (1) of KRS
224.864 and under KRS § 224.873, pursuant to the authority granted by sections 2 and
4 of this Act shall be no more stringent than the federal requirements.”
Legislative Research Commission Note. This section was amended by two 1986 Acts which do not appear to be in conflict and have been compiled together.
(a) Compile and maintain such information and record keeping regarding the quantities of hazardous waste generated, characteristics and composition of such waste and disposition of hazardous waste generated;
Terms Used In Kentucky Statutes 224.46-510
- 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
- Federal: refers to the United States. See Kentucky Statutes 446.010
- Generator: means any person, by site, whose act or process produces waste. 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
- Manifest: means the form used for identifying the quantity, composition, and the origin, routing, and destination of waste during its transportation from the point of generation to the point of disposal, treatment, or storage. See Kentucky Statutes 224.1-010
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. 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
- 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 - Waste site or facility: means any place where waste is managed, processed, or disposed of by incineration, landfilling, or any other method, but does not include a container located on property where solid waste is generated and which is used solely for the purpose of collection and temporary storage of that solid waste prior to off-site disposal, or a recovered material processing facility, or an advanced recycling facility, or the combustion of processed waste in a utility boiler. See Kentucky Statutes 224.1-010
(b) Utilize proper labeling and containerization of hazardous waste as required by the cabinet;
(c) Utilize a manifest for each shipment of hazardous waste and assure that the facility to which the waste is designated is a permitted facility;
(d) Provide information on the general chemical composition of the hazardous waste to persons transporting, treating, storing or disposing of hazardous waste;
(e) Keep all records and copies of manifest readily available for review and inspection by the designated representative of the cabinet;
(f) Retain all records and manifest copies for a minimum of three (3) years or as required by the cabinet;
(g) Compile a periodic report of hazardous waste generated, stored, transferred, treated, disposed or transported for treatment, storage, or disposal as required by the cabinet;
(h) Provide the report required in paragraph (g) of this subsection to the county judge/executive of the county or chief executive officer of an urban-county government within which the waste site or facility which will receive waste from the generator is located and to the county judge/executive of the county or chief executive officer of an urban-county government within which the generator is located in order that the county judge/executive or chief executive officer may make the report available to the county law enforcement and emergency services for emergency planning purposes.
(2) Any person who generates waste in this state shall make a determination as to whether or not such waste is hazardous pursuant to criteria promulgated by the cabinet, and any generator of hazardous waste shall certify that all information required in notices or reports to the cabinet or information provided on the manifest document is factual.
(3) The cabinet shall promulgate regulations specifying the criteria by which wastes may be determined to be hazardous and based on use of these criteria maintain and update a list of wastes identified as hazardous wastes which shall be subject to the hazardous waste management provisions of KRS § 224.46-505 to KRS § 224.46-570. The criteria and lists promulgated by the cabinet shall be identical to any such criteria and lists proposed or promulgated by the United States Environmental Protection Agency pursuant to the Resource Conservation and Recovery Act of 1976, as
amended (Public Law 94-580). In providing for the management of hazardous waste, the cabinet shall establish classes or categories of hazardous waste reflecting the relative degree of hazard consistent with the Resource Conservation and Recovery Act of 1976, as amended (Public Law 94-580), and regulations issued pursuant thereto. Any person generating any substance which either meets the criteria or is identified as hazardous waste shall within ninety (90) days of promulgation of the regulation so notify the cabinet.
Effective: July 15, 1986
History: Amended 1986 Ky. Acts ch. 237, sec. 2, effective July 15, 1986; and ch. 298, sec. 3, effective July 15, 1986. — Amended 1984 Ky. Acts ch. 111, sec. 190, effective July 13, 1984. — Created 1980 Ky. Acts ch. 264, sec. 4, effective July 15, 1980.
Formerly codified as KRS § 224.864.
Legislative Research Commission Note. Acts 1986, ch. 237, § 9, provides: “The regulations promulgated under the introductory paragraph of subsection (1) of KRS
224.864 and under KRS § 224.873, pursuant to the authority granted by sections 2 and
4 of this Act shall be no more stringent than the federal requirements.”
Legislative Research Commission Note. This section was amended by two 1986 Acts which do not appear to be in conflict and have been compiled together.