Kentucky Statutes 224.50-760 – Special wastes — Exemptions from KRS 224.46-510 and 224.46-520 — Permit — Notice — Hearing
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(1) (a) For purposes of this section and KRS § 224.46-580(7), special wastes are those wastes of high volume and low hazard which include but are not limited to mining wastes, utility wastes (fly ash, bottom ash, scrubber sludge), wastes from coal gasification facilities (vitrified coarse solid residues, prilled or blocked sulfur) approved by the cabinet based on submittal of appropriate testing demonstrating that the wastes are of low hazard, sludge from water treatment facilities and wastewater treatment facilities, cement kiln dust, gas and oil drilling muds, and oil production brines. Other wastes may be designated special wastes by the cabinet;
(b) Disposal sites or facilities for special wastes shall be exempt from the provisions of KRS § 224.46-520 and the provisions of KRS § 224.43-810 and
224.43-815 but may be regulated by the cabinet consistent with the
Resource Conservation and Recovery Act of 1976, as amended (Pub. L.
94-580), and regulations issued pursuant thereto, unless the special waste received is listed or meets the criteria of a hazardous waste in regulations pursuant to KRS § 224.46-510(3). If the special waste is a hazardous waste as specified in regulations pursuant to KRS
224.46-510(3), the site or facility shall be required by the cabinet to comply with the provisions of KRS § 224.46-520 but shall not be subject to the requirements of KRS § 224.40-310(6);
(c) Generators of special wastes shall register with the cabinet and be subject to the provisions of KRS § 224.46-510, except for generators of coal mining wastes which shall be regulated pursuant to the provisions of KRS Chapter 350;
(d) The cabinet shall, when promulgating regulations affecting special waste, recognize special waste as a separate and distinct indivisible category and shall recognize the distinct differences between the category of special wastes and other hazardous wastes and solid wastes as defined in KRS § 224.1-010(30)(a) and 109.012(12) due to the fact that special wastes have large volume but low hazardousness. The cabinet’s regulations for the generation, transport, recordkeeping, reporting, treatment, storage, and disposal shall reflect those distinct differences. The cabinet’s regulations shall recognize and incorporate, where appropriate, and if consistent with the policies of KRS § 224.46-510 to
224.46-570, any deadline extensions, studies, and specialized requirements for specific kinds of special wastes that are or may be undertaken at the federal or other levels of government; and
(e) It is the intent of the General Assembly that the processing of sludge from water treatment facilities and wastewater treatment facilities by composting shall be considered an industrial process. The cabinet shall, when promulgating administrative regulations affecting sludge from water treatment facilities and wastewater treatment facilities, consider the treatment of this sludge by composting as an industrial process. The provisions of this paragraph and subsection (3) of this section shall not apply to a city, county, urban-county government, charter county
government, or special district as defined in KRS Chapter 65, or to a public or private college or university that processes its own water treatment or wastewater treatment sludge by composting on property owned or leased by the city, county, urban-county government, charter county government, special district, or public or private college or university.
(2) Generators of waste oil shall be exempt from the provisions of KRS
224.46-510 and 224.46-520 so long as waste oil is not specified as a hazardous waste in regulations pursuant to KRS § 224.46-510(3) but may be regulated by the cabinet consistent with the Resource Conservation and Recovery Act of 1976, as amended (Pub. L. 94-580), and regulations issued pursuant thereto.
(3) A permit application to establish, operate, or modify a composting site or composting facility for the processing of water treatment sludge or wastewater treatment sludge, shall require immediately the general public notice provided for in KRS § 224.40-310(4) and (5). If a hearing is requested, no permit to establish, operate, or modify a composting site or facility shall be issued prior to the public hearing. The hearing shall be held within the county where the composting site or facility is located or proposed. Composting of this sludge shall be considered an industrial process.
Effective:June 29, 2017
History: Amended 2017 Ky. Acts ch. 48, sec. 5, effective June 29, 2017; and ch.
117, sec. 23, effective June 29, 2017. — Amended 2008 Ky. Acts ch. 57, sec. 1, effective July 15, 2008. — Amended 2000 Ky. Acts ch. 499, sec. 1, effective July
14, 2000. — Amended 1998 Ky. Acts ch. 570, sec. 3, effective July 15, 1998. — Amended 1991 (1st Extra. Sess.) Ky. Acts ch. 12, sec. 40, effective February
26, 1991. — Amended 1990 Ky. Acts ch. 283, sec. 1, effective July 13, 1990. — Amended 1988 Ky. Acts ch. 44, sec. 4, effective July 15, 1988. — Amended
1986 Ky. Acts ch. 298, sec. 4, effective July 15, 1986. — Amended 1984 Ky. Acts ch. 111, sec. 191, effective July 13, 1984. — Amended 1982 Ky. Acts ch.
74, sec. 26, effective July 15, 1982; and ch. 279, sec. 14, effective July 15,
1982. — Created 1980 Ky. Acts ch. 263, sec. 3, effective July 15, 1980; and ch.
264, sec. 8, effective July 15, 1980.
Legislative Research Commission Note (6/29/2017). This statute was amended by 2017 Ky. Acts chs. 48 and 117, which do not appear to be in conflict and have been codified together.
Formerly codified as KRS § 224.868.
(b) Disposal sites or facilities for special wastes shall be exempt from the provisions of KRS § 224.46-520 and the provisions of KRS § 224.43-810 and
Terms Used In Kentucky Statutes 224.50-760
- Cabinet: means the Energy and Environment Cabinet. See Kentucky Statutes 224.1-010
- City: includes town. See Kentucky Statutes 446.010
- Composting: means the process by which biological decomposition of organic solid waste is carried out under controlled aerobic conditions, and which stabilizes the organic fraction into a material which can easily and safely be stored, handled, and used in an environmentally acceptable manner:
(a) "Composting" may include a process which creates an anaerobic zone within the composting material. 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
- District: means an air pollution control district as provided for in KRS Chapter 77. See Kentucky Statutes 224.1-010
- Federal: refers to the United States. See Kentucky Statutes 446.010
- Gasification: means a process through which post-use polymers and recovered feedstocks are heated and converted into a fuel and gas mixture in an oxygen- deficient atmosphere, and then converted into raw, intermediate, and final products. 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
- Statute: A law passed by a legislature.
- 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
224.43-815 but may be regulated by the cabinet consistent with the
Resource Conservation and Recovery Act of 1976, as amended (Pub. L.
94-580), and regulations issued pursuant thereto, unless the special waste received is listed or meets the criteria of a hazardous waste in regulations pursuant to KRS § 224.46-510(3). If the special waste is a hazardous waste as specified in regulations pursuant to KRS
224.46-510(3), the site or facility shall be required by the cabinet to comply with the provisions of KRS § 224.46-520 but shall not be subject to the requirements of KRS § 224.40-310(6);
(c) Generators of special wastes shall register with the cabinet and be subject to the provisions of KRS § 224.46-510, except for generators of coal mining wastes which shall be regulated pursuant to the provisions of KRS Chapter 350;
(d) The cabinet shall, when promulgating regulations affecting special waste, recognize special waste as a separate and distinct indivisible category and shall recognize the distinct differences between the category of special wastes and other hazardous wastes and solid wastes as defined in KRS § 224.1-010(30)(a) and 109.012(12) due to the fact that special wastes have large volume but low hazardousness. The cabinet’s regulations for the generation, transport, recordkeeping, reporting, treatment, storage, and disposal shall reflect those distinct differences. The cabinet’s regulations shall recognize and incorporate, where appropriate, and if consistent with the policies of KRS § 224.46-510 to
224.46-570, any deadline extensions, studies, and specialized requirements for specific kinds of special wastes that are or may be undertaken at the federal or other levels of government; and
(e) It is the intent of the General Assembly that the processing of sludge from water treatment facilities and wastewater treatment facilities by composting shall be considered an industrial process. The cabinet shall, when promulgating administrative regulations affecting sludge from water treatment facilities and wastewater treatment facilities, consider the treatment of this sludge by composting as an industrial process. The provisions of this paragraph and subsection (3) of this section shall not apply to a city, county, urban-county government, charter county
government, or special district as defined in KRS Chapter 65, or to a public or private college or university that processes its own water treatment or wastewater treatment sludge by composting on property owned or leased by the city, county, urban-county government, charter county government, special district, or public or private college or university.
(2) Generators of waste oil shall be exempt from the provisions of KRS
224.46-510 and 224.46-520 so long as waste oil is not specified as a hazardous waste in regulations pursuant to KRS § 224.46-510(3) but may be regulated by the cabinet consistent with the Resource Conservation and Recovery Act of 1976, as amended (Pub. L. 94-580), and regulations issued pursuant thereto.
(3) A permit application to establish, operate, or modify a composting site or composting facility for the processing of water treatment sludge or wastewater treatment sludge, shall require immediately the general public notice provided for in KRS § 224.40-310(4) and (5). If a hearing is requested, no permit to establish, operate, or modify a composting site or facility shall be issued prior to the public hearing. The hearing shall be held within the county where the composting site or facility is located or proposed. Composting of this sludge shall be considered an industrial process.
Effective:June 29, 2017
History: Amended 2017 Ky. Acts ch. 48, sec. 5, effective June 29, 2017; and ch.
117, sec. 23, effective June 29, 2017. — Amended 2008 Ky. Acts ch. 57, sec. 1, effective July 15, 2008. — Amended 2000 Ky. Acts ch. 499, sec. 1, effective July
14, 2000. — Amended 1998 Ky. Acts ch. 570, sec. 3, effective July 15, 1998. — Amended 1991 (1st Extra. Sess.) Ky. Acts ch. 12, sec. 40, effective February
26, 1991. — Amended 1990 Ky. Acts ch. 283, sec. 1, effective July 13, 1990. — Amended 1988 Ky. Acts ch. 44, sec. 4, effective July 15, 1988. — Amended
1986 Ky. Acts ch. 298, sec. 4, effective July 15, 1986. — Amended 1984 Ky. Acts ch. 111, sec. 191, effective July 13, 1984. — Amended 1982 Ky. Acts ch.
74, sec. 26, effective July 15, 1982; and ch. 279, sec. 14, effective July 15,
1982. — Created 1980 Ky. Acts ch. 263, sec. 3, effective July 15, 1980; and ch.
264, sec. 8, effective July 15, 1980.
Legislative Research Commission Note (6/29/2017). This statute was amended by 2017 Ky. Acts chs. 48 and 117, which do not appear to be in conflict and have been codified together.
Formerly codified as KRS § 224.868.