RELATES TO:
KRS 224.01-010,
224.10-100,
224.10-105,
224.10-110,
224.40-100-224.40-650, 224.43-010-224.43-505,
224.70-100,
224.70-110,
224.99-010-224.99-030, 50 C.F.R. Part 424
NECESSITY, FUNCTION, AND CONFORMITY:
KRS 224.10-100(19)
and (24) and
224.10-105
require the Natural Resources and Environmental Protection Cabinet to
promulgate administrative regulations concerning waste management.
KRS
224.40-305 and
224.40-100
require the cabinet to promulgate administrative regulations establishing
requirements for obtaining a permit to use a waste site or facility and
response actions to close and reclaim or upgrade open dumps.
KRS
224.43-340 requires the cabinet to promulgate
administrative regulations establishing requirements for the reduction and
management of solid waste. This administrative regulation establishes the
minimum environmental standards with which all solid waste sites or facilities
shall comply.
Section 1. Purpose,
Scope and Applicability. The standards in this administrative regulation shall
be for use under the waste management provisions of KRS Chapter 224 in
determining which solid waste sites or facilities pose a reasonable probability
of adverse effects on human health or the environment. Solid 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. An owner or operator shall not
cause, suffer, or allow a solid waste site or facility or any unit of a solid
waste site or facility to violate any provision of this administrative
regulation.
Section 2. Flood
Plains. A solid waste site or facility shall not restrict the flow of the 100
year flood, reduce the temporary water storage capacity of the flood plain, 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. A
solid waste
site or facility shall not:
(1) Cause or
contribute to the taking of any
endangered or threatened species or candidate
species of the Endangered Species Act of 1973 as amended through January 1984,
16
U.S.C.
1531 to
1544,
and 50 C.F.R. Part
424 as of October 1984; or
(2) Result in the
destruction or adverse
modification of the critical habitat of
endangered or threatened species or
candidate species as identified in the Endangered Species Act of 1973 as
amended through January 1984,
16
U.S.C.
1531 to
1544,
and 50 C.F.R. Part
424 as of October 1984.
Section 4. Surface Waters. A
solid waste site
or facility shall not:
(1) Cause a discharge
of pollutants into waters of the Commonwealth, including wetlands, that
violates any requirements of KRS Chapter 224, including but not limited to the
Kentucky Pollutant Discharge Elimination System;
(2) Cause a discharge of dredged material or
fill material to
waters of the Commonwealth that is in violation of the
requirements under Section 404 of the Clean
Water Act as of February 4, 1987,
33 U.S.C. Section
1344; or
(3) Cause the release of nonpoint source
pollution to waters of the Commonwealth, including wetlands, that violates any
requirements of the Kentucky Nonpoint Source Pollution Program.
Section 5. Groundwater. A solid
waste site or facility shall not contaminate an underground drinking water
source beyond the point of compliance in excess of the maximum contaminant
levels contained in Section 6 of this administrative regulation.
Section 6. Maximum
Groundwater Contaminant
Levels. The maximum contaminant levels of this section shall be used in
determining whether
solid waste site or facility activities comply with the
groundwater criteria of Section 5 of this administrative regulation. Only
analytical methods for these contaminants that are approved by the
cabinet
shall be used. A
solid waste site or facility shall not
contaminate an
underground drinking water source beyond the maximum contaminant levels
established in this section.
(1) Maximum
contaminant levels for inorganic chemicals. A
solid waste site or facility
shall not
contaminate an
underground drinking water source beyond the following
maximum contaminant levels:
|
Contaminant
|
Maximum Level1 (milligrams
per liter)
|
|
Arsenic
|
0.05 mg/l
|
|
Barium
|
2.0 mg/l
|
|
Cadmium
|
0.005 mg/l
|
|
Chromium
|
0.1 mg/l
|
|
Lead
|
0.05 mg/l
|
|
Mercury
|
0.002 mg/l
|
|
Nitrate (as N)
|
10.0 mg/l
|
|
Selenium
|
0.05 mg/l
|
|
Silver
|
0.05 mg/l
|
|
Flouride
|
4.0 mg/L
|
1Metal criteria are total
recoverable metals to be measured in an unfiltered sample.
(2) Maximum contaminant levels for organic
chemicals. The following shall be the maximum contaminant levels for organic
chemicals other than volatile synthetic organic chemicals:
|
(a) Chlorinated hydrocarbons:
|
Maximum Level
|
|
Endrin (1,2,3,4,10,10-Hexachloro-6,7-epoxy
-1,4,4a,5,6,7,8,8a-octahydro-1,4-endo-endo-5,8-dimethano-naphthalene)
|
0.002 mg/l
|
|
Lindane (1,2,3,4,5,6-Hexachlorocyclohex-ane, gamma
isomer)
|
0.0002 mg/l
|
|
Methoxychlor (1,1,1-Trichloro-2,2-bis
(p-methoxy-phenyl)ethane)
|
0.04 mg/l
|
|
Toxaphene (C10H10C18-Technical chlorinated camphene,
67 to 69 percent chlorine)
|
0.003 mg/l
|
|
(b) Chlorophenoxys:
|
|
2,4-D (2,4- Dichlorophenoxyacetic acid)
|
0.07 mg/l
|
|
2,4,5-TP Silvex (2,4,5-Trichlorophenoxy-propionic
acid)
|
0.05 mg/l
|
(3)
Maximum contaminant levels for radioactivity. The following shall be the
maximum contaminant levels for radionuclides:
|
Radionuclides
|
Maximum Level
|
|
Gross alpha particles
|
15 picocuries per liter
|
|
Radium
|
5 picocuries per liter
|
|
Gross beta particles
|
50 picocuries per liter
|
|
Strontium 90
|
8 picocuries per liter
|
|
Tritium
|
20,000 picocuries per liter
|
|
Iodine 131
|
3 picocuries per liter
|
(4)
Maximum contaminant levels for volatile synthetic organic chemicals. The
following shall be the maximum contaminant levels for volatile synthetic
organic chemicals:
|
Chemicals
|
Maximum Level (milligrams per liter)
|
|
Benzene
|
0.005
|
|
Carbon tetrachloride
|
0.005
|
|
1,2-Dichloroethane
|
0.005
|
|
Trichloroethylene
|
0.005
|
|
para-Dichlorobenzene
|
0.075
|
|
1,1-Dichloroethylene
|
0.007
|
|
1,1,1-Trichloroethane
|
0.2
|
|
Vinyl chloride
|
0.002
|
(5)
Maximum microbiological contaminant levels. The maximum contaminant level for
coliform bacteria from any one (1)
well shall be:
(a) Using the membrane filter technique:
1. Four (4) coliform bacteria per 100
milliliters if one (1) sample is taken; or
2. Four (4) coliform bacteria per 100
milliliters in more than one (1) sample of all the samples analyzed in one (1)
month; or
(b) Using the
five (5) tube most probable number procedure (the fermentation tube method) in
accordance with the analytical procedures approved by the
cabinet, and using a
standard sample, each portion being one-fifth (1/5) of the sample:
1. If the standard portion is ten (10)
milliliters, coliform in any five (5) consecutive samples from a well shall not
be present in three (3) or more of the twenty-five (25) portions; or
2. If the standard portion is 100
milliliters, coliform in any five (5) consecutive samples from a well shall not
be present in five (5) portions in any of five (5) samples or in more than
fifteen (15) of the twenty-five (25) portions.
Section 7. Application to Land Use
for the Production of
Food Chain Crops. A
solid waste site or facility shall
not exist or occur which applies solid
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 solid waste and soil mixture shall be six and five-tenths (6.5) or
greater at the time of each solid waste application, except for solid waste
containing cadmium at concentrations of two (2) mg/kg (dry weight) or
less;
(b) The annual application of
cadmium from solid waste shall not exceed 0.44 pounds per acre on land used for
production of tobacco or food chain crops. The annual cadmium application rate
shall not exceed 0.44 pounds per acre; and
(c) The maximum cumulative
application of
cadmium from the
waste shall not exceed the levels in Table 1 of this
paragraph.
|
Table 1
Maximum cumulative application
|
|
Soil Cation
Exchange
Capacity
(meq/100g)
|
Background Soil pH
|
Pounds/per/Acre
|
|
<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 shall not be 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 which
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 which 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 8. Polychlorinated Biphenyls. A solid
waste site or facility shall not exist or occur which places solid 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 contained
landfills may dispose of solid wastes containing PCBs equal to forty-nine (49)
mg/kg (dry weight) or less.
Section
9. Disease.
(1) Disease vectors.
A solid waste site or facility shall not 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. A
solid waste site or facility shall not exist or occur which applies sewage
sludge or septic tank pumpings within three (3) feet of the surface of the land
unless a method to reduce pathogens has been utilized.
Section 10. Air.
(1) A solid waste site or facility shall not
engage in open burning of solid waste or hazardous wastes. This requirement
shall 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
ordnance.
(2) A solid waste site or
facility shall not violate applicable air pollution requirements contained in
KRS Chapter 224 or 401 KAR Chapters 50 through 63.
Section 11. Safety.
(1) Explosive gases. A
solid waste site or
facility shall not 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. A solid waste site or facility
shall not pose a hazard to the safety of persons or property from fires. This
may be accomplished through compliance with Sections 8 and 9 of this
administrative regulation, through the periodic application of daily, interim,
or long-term cover materials or other techniques such as, but not limited to,
isolation, fire breaks, compliance with local fire codes, availability of fire
fighting equipment, and normal fire prevention measures as
appropriate.
(3) Access. A solid
waste site or facility shall not 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 12. Public Nuisance. A
solid waste site or facility shall not result in a public nuisance because of
blowing litter, debris, or other waste or material.
Section 13. Wetlands. A new or expanded solid
waste site or facility shall not be located in wetlands.
Section 14. Compliance. A solid waste site or
facility shall not violate any requirement of KRS Chapter 224.
