401 KAR 30:031 - Environmental performance standards
RELATES TO: KRS 224.01, 224.10, 224.40, 224.43, 224.46, 224.50, 224.70, 224.99, 16 U.S.C. 1531 et. seq., 33 U.S.C. 1251 et. seq.
NECESSITY, FUNCTION, AND CONFORMITY: KRS Chapter 224 requires
the cabinet to adopt administrative regulations for the treatment, storage,
recycling and disposal of wastes.
KRS
224.40-305 requires that persons engaging in
the treatment, storage, recycling and disposal of waste obtain a
Section 1.
Purpose, Scope and Applicability. The standards in this administrative
regulation are for use under the waste management provisions of KRS Chapter 224
in determining which waste sites or facilities pose a reasonable probability of
adverse effects on human health or the environment. Waste sites or facilities
failing to satisfy the requirements of this administrative regulation shall be
considered open dumps, which are prohibited by
KRS
224.40-100. No owner or operator shall cause,
suffer, or allow a waste site or facility or any unit of a waste site or
facility to violate any provision of this administrative regulation.
Section 2. Floodplains. No waste site or
facility shall restrict the flow of the 100-year flood , reduce the temporary
water storage capacity of the floodplain, or be placed in a manner likely to
result in washout of waste, so as to pose a hazard to human health, wildlife,
or land or water resources.
Section
3. Endangered Species. No waste site or facility shall:
(1) Cause or contribute to the taking of any
endangered or threatened species or candidate species listed pursuant to
16
USC 1531 et seq. (the Endangered Species Act
of 1983 as amended); or
(2) Result
in the destruction or adverse modification of the critical habitat of an
endangered or threatened species or candidate species listed pursuant to
16
USC 1531 et seq. (the Endangered Species Act
of 1983 as amended).
Section
4. Surface Waters. No waste site or facility shall:
(1) Cause a discharge of pollutants into
waters of the Commonwealth, including wetlands , that violate any requirements
of KRS Chapter 224, or the surface water standards of 401 KAR Chapter 10 or 8;
or
(2) Cause a discharge of dredged
material or fill material to waters of the Commonwealth that is in violation of
the requirements under
33 USC
1251 et. seq. (Section 404 of the Clean Water
Act of 1977 as amended).
Section
5. Groundwater. No waste site or facility shall contaminate an
underground drinking water source beyond the point of compliance in excess of
the maximum contaminant levels specified in 401 KAR Chapter 8.
Section 6. Application to Land Use for the
Production of Food Chain Crops. No waste site or facility shall exist or occur
that applies waste within three (3) feet of the surface of land used for the
production of food chain crops unless in compliance with all the requirements
of subsection (1) or (2) of this section:
(1)
(a) The pH of the waste and soil mixture is
six and five-tenths (6.5) or greater at the time of each waste application,
except for waste containing cadmium at concentrations of two (2) mg/kg (dry
weight) or less;
(b) The annual
application of cadmium from waste does not exceed 0.44 pounds per acre on land
used for production of tobacco or food chain crops. The annual cadmium
application rate does not exceed 0.44 pounds per acre; and
(c) The maximum cumulative application of
cadmium from the waste does not exceed the levels in Table 1 of this paragraph.
|
Table 1 - Maximum cumulative application |
||
|
Soil Cation Exchange Capacity (meq/100g) |
Background Pounds/per/Acre Soil pH |
|
|
<5 |
>6.5 |
4.46 |
|
5-15 |
>6.5 |
8.92 |
|
>15 |
>6.5 |
17.84 |
|
>15 |
<6.5* |
4.46 |
*For soils with a background pH of less than six and five-tenths (6.5), the maximum cumulative cadmium applications rate for soils with a background pH equal to or greater than six and five-tenths (6.5) may be used if the pH of the sludge-soil mixture is adjusted to and maintained at six and five-tenths (6.5) or greater whenever food chain crops are grown.
(2) If animal feed is
the only food chain crop produced, there is no limit to the cadmium application
rate, as long as the pH of sludge and soil mixture is six and five-tenths (6.5)
or greater at the time of sludge application or at the time the crop is
planted, whichever occurs later, and this pH level is maintained whenever food
chain crops are grown. A plan shall also be developed that demonstrates how the
animal feed shall be distributed to preclude human ingestion, and the measures
to be taken to safeguard against possible health hazards from cadmium entering
the food chain, which may result from alternative land uses. Future property
owners shall also be notified by a stipulation in the land record or property
deed that states that the property received sludge at high cadmium application
rates and that food chain crops, except for animal feed, shall not be grown due
to possible health hazards.
Section
7. Polychlorinated Biphenyls. No waste site or facility shall
exist or occur that places waste containing concentrations of polychlorinated
biphenyls (PCBs) equal to or greater than one (1) mg/kg (dry weight) on the
land. However, residual landfills may dispose of PCBs in accordance with their
permit , and special waste and contained landfills may dispose of wastes
containing PCBs equal to forty-nine (49) mg/kg (dry weight) or less.
Section 8. Disease.
(1) Disease vectors. No waste site or
facility shall exist or occur unless the on-site population of disease vectors
is prevented or controlled through the periodic application of cover material
or other techniques as appropriate to protect human health and the
environment.
(2) Sewage sludge and
septic tank pumpings. No waste site or facility shall exist or occur that
applies sewage sludge or septic tank pumpings within three (3) feet of the
surface of the land unless a process to significantly reduce pathogens has been
utilized.
Section 9. Air.
(1) No waste site or facility shall engage in
open burning of wastes. This requirement does not apply to infrequent burning
of agricultural wastes in the field, silvicultural wastes for forest management
purposes, land-clearing debris, diseased trees, debris from emergency cleanup
operations, or ordinance.
(2) No
waste site or facility shall violate applicable air pollution requirements
contained in KRS Chapter 224 or 401 KAR Chapters 50 to 63.
Section 10. Safety.
(1) Explosive gases. No waste site or
facility shall allow the concentration of explosive gases generated by the
facility to exceed:
(a) Twenty-five (25)
percent of the lower explosive limit for the gases in facility structures,
excluding gas control or recovery system components; and
(b) The lower explosive limit for the gases
at the facility property boundary.
(2) Fires. No waste site or facility shall
pose a hazard to the safety of persons or property from fires. This may be
accomplished through compliance with Section 9 of this administrative
regulation and this section, through the periodic application of cover material
or other techniques as appropriate.
(3) Access. No waste site or facility shall
allow uncontrolled public access, unauthorized vehicular traffic, or illegal
dumping of wastes. This requirement to ensure protection of human health and
the environment may be met by using artificial barriers, natural barriers, or
other methods as appropriate.
Section
11. Public Nuisance. No waste site or facility shall result in a
public nuisance because of blowing litter, debris, or other waste or
material.
Section 12. Wetlands . No
new or expanded waste site or facility shall be located in wetlands .
Section 13. Karst. No waste site or facility
shall allow contamination of karst terrain .
Section 14. Compliance. No waste site or
facility shall violate any requirement of KRS Chapter 224 or administrative
regulations promulgated pursuant thereto.
Notes
STATUTORY AUTHORITY: KRS 224.10-100, 224.40-305
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