401 KAR 47:080 - Classification of solid waste sites or facilities
RELATES TO: KRS 224.01, 224.10, 224.40, 224.43, 224.46, 224.70, 224.99
NECESSITY, FUNCTION, AND CONFORMITY: KRS Chapter 224 requires
the
Section 1.
Coverage. The permit administrative regulations of 401 KAR Chapter 47 establish
provisions for the solid waste permit program under KRS Chapter 224. The
administrative regulations of this chapter cover the basic permitting
requirements, including application requirements, standard permit conditions, a
presiting procedure, construction, modification, monitoring and reporting of
any facility that manages solid waste . The administrative regulations of this
chapter are part of a regulatory scheme implementing the solid waste provisions
of KRS Chapter 224. The solid waste permit program relies upon technical
requirements which are contained in 401 KAR Chapter 48. The technical
administrative regulations are used by the cabinet to determine what conditions
are applicable to each permit and to determine compliance with KRS Chapter 224.
Administrative regulations governing solid waste planning are set forth in 401
KAR Chapter 49 and the enforcement and compliance monitoring requirements in
401 KAR Chapter 40.
Section 2.
Permit Types. This chapter provides for several types of solid waste site or
facility permits which are classified based on the waste managed and the
facility type.
(1) Contained landfill permit .
Contained landfill is the category of solid waste site or facility which may
accept for disposal all nonhazardous solid waste including residential,
commercial, institutional, industrial, and municipal waste , shredded tires,
household hazardous waste , limited quantity generator hazardous waste and
nonhazardous spill cleanup residue. The technical requirements for contained
landfills are found in
401 KAR
48:050 and
401 KAR
48:070 through
401 KAR
48:090.
(2) Construction/demolition debris landfill
permit . Construction/demolition debris landfill is the category of solid waste
site or facility for the disposal of solid waste which results from the
construction, remodeling, repair and demolition of structures and roads, and
for the disposal of uncontaminated solid waste consisting of vegetation
resulting from land clearing and grubbing, utility line maintenance and
seasonal and storm-related cleanup. Such waste includes, but is not limited to:
bricks, shredded or segmented tires, concrete and other masonry materials,
soil, rock, wood, wall coverings, plaster, drywall, plumbing fixtures, tree
stumps, limbs, saw dust, leaves, yard waste , paper, paper products, metals,
furniture, insulation, roofing shingles, asphaltic pavement, glass, plastics
that are not sealed in a manner that conceals other wastes, electrical wiring
and components containing no liquids or hazardous metals that are incidental to
any of the above and other inert waste as approved by the cabinet .
Asbestos-containing materials may be accepted only if the permit application
includes procedures approved by the cabinet to handle these materials.
Construction/demolition debris landfills shall not be for disposal of garbage,
electrical fixtures containing hazardous liquids such as fluorescent light
ballasts or transformers, PCB -containing waste , hazardous material spill
residues, limited quantity generator hazardous waste , any waste regulated by
401 KAR Chapter 31 and 32, whole tires, liquids, drums, fuel tanks, or other
nonpermitted waste . The technical requirements for construction/demolition
debris landfills are found in
401 KAR
48:050 and
401
KAR 48:060.
(3) Residual landfill permit . Residual
landfill is the category of solid waste site or facility designed and operated
to accept for disposal a limited number of industrial wastes or residues which
are fully characterizable. It also includes residuals from air and water
pollution control devices and energy generation which are codisposed in a
mining operation. In addition, residual landfills may accept sludge , and
special wastes. The technical requirements for residual landfills are found in
401 KAR
48:050 and
401 KAR
48:170.
(4) Landfarming permit . Landfarming is a
category of solid waste site or facility where solid waste is applied to the
soil surface or injected into the upper layer of the soil to improve soil
quality or provide plant nutrients. Solid wastes suitable for this purpose
include, but are not limited to, food processing waste , municipal sewage
treatment plant sludge , and municipal water treatment plant sludge . The
technical requirements for landfarming facilities are found in
401 KAR
48:200.
(5) Permit -by-rule. Permit -by-rule is a
category of solid waste site or facility permit for certain solid waste
management practices listed in
401 KAR
47:150 which are deemed to have a permit without the
owner or operator having made application to the cabinet . The practices and
conditions of the permit -by-rule are specified in Section 1 of
401 KAR
47:150 and include limited tire disposal , on-site
disposal of land clearing wastes, on-site disposal of construction and
demolition wastes, sawdust piles, pumpings, oil production brine pits, gas and
oil drilling, mud pits, and asphalt residues, waste piles, surface impoundments
with a KPDES permit , automobile and truck recycle and salvage yards, beneficial
reuse of solid wastes.
(6)
Registered permit -by-rule.
(a) Registered
permits-by-rule are a category of solid waste site or facility permit providing
for the storage , treatment and disposal of solid waste that includes:
1. Commercial recycling centers;
2. Transfer stations;
3. Construction/demolition debris landfills
of one (1) acre or less, when the wastes are not disposed at the site of
generation;
4. Solid waste
incinerators that have a rated capacity of more than one (1) ton per day
including those using refuse derived fuel;
5. Sludge giveaway programs, composted sludge
and other composted material programs in accordance with
401 KAR
48:200;
6.
Landfarming of class I sludges in accordance with
401 KAR
48:200;
7.
Septic tank pumpings if in compliance with the Cabinet for Human Resources
administrative regulations and the waste is not applied to within three (3)
feet of the surface of the land unless a method to reduce pathogens has been
utilized in accordance with
401 KAR
48:200; and
8. Convenience centers.
(b) Owners and operators of a registered
permit -by-rule site or facility are deemed to have a permit without further
action by the cabinet . Owners and operators of a registered permit -by-rule site
or facility shall prevent adverse effects on human health and the environment
as identified in
401 KAR
47:030 and implement any necessary corrective action
under Section 8 of
401
KAR 48:300.
(c) Operators shall submit a registration on
a form prescribed by the cabinet as specified in Section 3 of this
administrative regulation or
401 KAR
48:200, and shall operate in accordance with the
standards specified in
401 KAR
48:200 or
401 KAR
47:110, and
401 KAR
47:030.
(7) Emergency permit . An emergency permit is
a category of solid waste site or facility permit for the short-term storage or
disposal of solid waste generated from a storm or flood event or other
emergency as specified by the cabinet . The requirements for emergency permits
are found in
401 KAR
47:150.
(8) Research, development and demonstration
permit . A research, development and demonstration permit is a category of solid
waste site or facility permit issued for a short period to demonstrate unproven
technology. The permit procedures for this category can be found in
401 KAR
47:150.
(9) Residential landfill permit . A
residential landfill permit is a category of solid waste site or facility
construction permit which was issued prior to the effective date of this
administrative regulation. Landfills in this category may continue to operate
under the prior issued permit provided they notify the cabinet in accordance
with Section 4 of this administrative regulation and comply with the operating
standards for contained landfills as specified in
401 KAR
48:090, or construction/demolition debris landfills as
specified in
401
KAR 48:060. The facility may close in accordance with
Sections 4 and 5 of this administrative regulation or submit an application in
accordance with the technical standards in 401 KAR Chapter 48.
(10) Inert landfill permit . An inert landfill
permit is a category of solid waste site or facility permit which was issued
prior to the effective date of this administrative regulation. Landfills in
this category may continue to operate under the prior issued permit provided
they notify the cabinet in accordance with Section 4 of this administrative
regulation and comply with the operating standards for construction/demolition
debris landfills as specified in
401
KAR 48:060 or residual landfills specified in
401 KAR
48:170. The facility may close in accordance with
Sections 4 and 5 of this administrative regulation or submit an application in
accordance with the technical standards of 401 KAR Chapter
48.
Section 3.
Notification Procedures for Registered Permit -by-rule Facilities. All solid
waste sites or facilities in existence on the effective date of this
administrative regulation that require registered permits-by-rule as specified
in Section 2(6) of this administrative regulation shall, no later than October
1, 1990, submit a form prescribed by the cabinet .
(1) After submission of the registration
form, the cabinet shall acknowledge receipt in writing. Facility owners or
operators with registered permits-by-rule shall comply with the environmental
performance standards of
401 KAR
47:030 and any condition of the registered
permit -by-rule specified in
401 KAR
47:110.
(2) The operator of such facilities may
continue to operate the facility without further application to the cabinet
subject to the conditions specified in
401 KAR
47:110.
(3) Existing facilities required by this
chapter to register with the cabinet which close prior to October 1, 1990, may
close without submittal of the registration form.
Section 4. Solid Waste Facilities with
Permits Issued Prior to the Effective Date of this Administrative Regulation.
(1) Within six (6) months of the effective
date of this administrative regulation, any person that possesses a solid waste
landfill or landfarming permit issued before the effective date of this
administrative regulation under KRS Chapter 224 shall file a notice with the
cabinet which states the operator 's intent to close or meet the revised
technical requirements by July 1, 1992.
(2) After July 1, 1992, no person shall
operate a solid waste landfill or landfarming facility unless one (1) of the
paragraphs of this subsection is satisfied and the owner or operator has
complied with subsection (1) of this section:
(a) The facility , owner or operator possesses
a permit issued under 401 KAR Chapters 47 and 48;
(b) The facility , owner or operator possesses
a permit modified to meet the technical standards of 401 KAR Chapter
48;
(c) An application for a permit
modification which addresses each of the applicable technical standards for
closure or conversion to a different classification under 401 KAR Chapters 47
and 48 has been filed with the cabinet within twelve (12) months of the
effective date of this administrative regulation and the cabinet has not yet
rendered a decision with respect to the complete application ; or
(d) The facility , owner or operator has
requested and received approval from the cabinet in accordance with subsection
(3) of this section.
(3)
Residential and contained landfills with permits issued prior to the effective
date of this administrative regulation may operate until July 1, 1995, if the
owner or operator complies with:
(a)
Subsections (1), (2), and (5) of this section;
(b) The construction quality control plan
which has been approved by the cabinet or meets the requirements of
401
KAR 48:080, Section 4 to document the existence or
placement of:
1. At least twelve (12) inches
of soil with a maximum permeability of 1 X 10-7
centimeters per second or its equivalent;
2. A leachate collection system installed in
a manner approved by the cabinet ;
(c) The installation of scales and equipment
as specified in
401 KAR
48:070, Sections 6 and 13.
(4) Solid waste sites or facilities with
permits issued prior to the effective date of this administrative regulation
may close prior to July 1, 1992, under the closure requirements specified in
Section 5 of this administrative regulation without complying with the
requirements of 401 KAR Chapter 48 provided:
(a) The permittee has provided the notice as
required in subsection (1) of this section;
(b) A complete closure plan which complies
with the closure requirements of Section 5 of this administrative regulation is
submitted to the cabinet within twelve (12) months of the effective date of
this administrative regulation or one (1) year prior to last intended receipt
of waste whichever occurs first;
(c) The operator maintains a valid operating
permit including the bond required by
KRS
224.40-650 prior to and during closure ;
and
(d) The groundwater monitoring
data for the facility includes the parameters listed in
401
KAR 48:300, Section 11.
(5) Residential and inert landfills permitted
prior to the effective date of this administrative regulation shall comply with
the following operating requirements:
(a)
Residential landfills shall meet the operating requirements for contained
landfills in
401 KAR
48:090 or construction/demolition debris landfills in
401
KAR 48:060.
(b) Inert landfills shall meet the operating
requirements for construction/demolition debris landfills in
401
KAR 48:060 or residual landfills in
401 KAR
48:170.
(6) No placement of the low permeability soil
liner component shall be initiated at any landfill , or portion thereof, unless
it meets the requirements of subsection (7) of this section or 401 KAR Chapters
47 and 48.
(7) Operation may be
authorized for any portion of a landfill in accordance with Section 4(3) of
this administrative regulation for which a low permeability soil liner
component had been approved prior to January 16, 1990. Any soil construction
shall be certified using the requirements of Section 4 of
401
KAR 48:080.
Section 5. Closure Requirements for Sites
Closing under Section 4(1) of this Administrative Regulation.
(1) Residential landfills, contained
landfills and inert landfills permitted prior to the effective date of this
administrative regulation, closing pursuant to the notice in Section 4(1) of
this administrative regulation, shall comply with the following:
(a) All records shall be submitted to the
cabinet ;
(b) A closure plan shall
be submitted to the cabinet that shall contain the following requirements:
1. A description of the access
controls;
2. A description of the
covering activities and procedures including frequency of cover, total volume
and source of borrow material available, and total estimated volume and source
of cover required (final, daily and interim);
3. The proposed revegetation program,
including provisions for liming, fertilization, seed types and seeding
schedule, erosion control during early growth period, and interim cover
vegetation program;
4. A final
cover maintenance program covering the entire site and lasting two (2) years
beyond closure , to include erosion control, reseeding, refertilization and
growth control; and
5. A detailed
plan for closure of the landfill in accordance with
KRS
224.40-650 along with an estimate of closure
costs; and
(c) Closure
requirements.
1. Those areas of a landfill
that shall receive no additional deposits of solid waste within 365 days of the
last placement of waste shall receive final cover. A minimum final cover of two
(2) feet shall be required in addition to any daily and interim cover required.
All contained and residential landfills shall have the lower six (6) inches of
the final cap contain soil with a permeability of 1 X
10-7 centimeters per second;
2. Before earth-moving equipment is removed
from the site , an inspection of the entire site shall be made by an authorized
representative of the cabinet to determine compliance with approved plans and
specifications. The owner or operator shall submit a closure schedule based on
the approved closure plan thirty (30) days prior to the last intended use of a
solid waste facility ;
3. Final
cover shall be graded as provided in the approved closure plan in a manner to
prevent ponding. For a period of two (2) years, the surface of final cover
shall be maintained at the proper elevation as specified in the approved
closure plan;
4. Final cover shall
be revegetated. After grading, final cover shall be fertilized as necessary,
seeded, and/or planted with legumes, perennial grasses or other vegetation
according to the approved closure plan. The owner or operator shall be required
to repeat this process until adequate vegetation is obtained to ensure soil
stabilization as specified in the approved closure plan;
5. Other necessary corrective work required
by the cabinet , if any, shall be performed before the landfill is accepted as
closed and financial responsibility funds released;
6. The owner or operator of a residential or
contained landfill shall record a notice that shall in perpetuity notify any
potential purchaser of the property of the location and time of operation of
the facility , and a statement that future disturbance of this area shall only
occur after an examination of potential gas or leachate migration problems.
Such notice shall be recorded in accordance with state property law prior to
acceptance of final closure of the landfill .
(2) Landfarming facilities permitted prior to
the effective date of this administrative regulation closing under Section 4(1)
of this administrative regulation shall comply with the following:
(a) All records shall be submitted to the
cabinet ; and
(b) Food chain crops
restrictions of
401 KAR
47:030 shall be met including deed notice if
applicable.
(3) Residual
landfills permitted prior to the effective date of this administrative
regulation closing under Section 4(1) of this administrative regulation, shall
comply with the following:
(a) The closure
plan shall specify the function and design of the final cover for the facility .
The closure design shall assure compliance with the applicable environmental
performance standards in
401 KAR
47:030 and shall reflect consideration of:
1. The type and amount of waste in the
facility ;
2. The mobility and
expected rates of migration of the waste ;
3. The site location, topography and
surrounding land use, and final site use;
4. The climatic conditions in the
area ;
5. The characteristics of the
cover material including erodibility, slope, length of run of slope, and type
of vegetation on the cover; and
6.
The geological and soil profiles and surface and subsurface hydrology of the
site .
(b) All records
shall be submitted to the cabinet .
(c) Closure requirements.
1. A residual landfill shall be closed in a
manner that shall assure compliance with the environmental performance
standards in
401 KAR
47:030. The closure shall include the placement of a
final cover over the facility as specified in the approved design of the
site ;
2. Any necessary corrective
work required by the cabinet shall be performed before the residual landfill is
accepted as closed and financial responsibility funds released;
3. The owner or operator of a residual
landfill shall record a notice that shall in perpetuity notify any potential
purchaser of the property of the location and time of the operation of the
facility , nature of the waste placed in the site and a caution against future
disturbance of the area . Such notice shall be recorded in accordance with state
property law prior to acceptance of final closure of the landfill ;
and
4. Closure care maintenance. A
residual landfill shall be maintained for two (2) years following the closure
of the site in a manner that complies with the environmental performance
standards in
401 KAR
47:030 and in accordance with any approved closure
care monitoring and maintenance plan approved by the
cabinet .
Section
6. Solid Waste Facility Applications Pending on the Effective Date
of This Administrative Regulation.
(1) Unless
the provisions of subsection (3) of this section are applicable, applications
pending as of the effective date of this administrative regulation shall be
revised to meet all requirements of 401 KAR Chapters 47 and 48 prior to being
determined technically complete.
(2) Applications that have been determined to
be administratively complete prior to the effective date of this administrative
regulation and have published the notices required by
KRS
224.40-310 shall complete the public
information process commencing with Section 12(3) of
401 KAR
47:140.
(3) Applications for solid waste sites or
facilities upon which a preliminary determination was made and a hearing
pursuant to
KRS
224.10-420 commenced prior to the effective
date of this administrative regulation shall be subject to and reviewed in
accordance with the procedural and substantive requirements in effect at the
time the preliminary determination was made if prior to the effective date of
this administrative regulation the proposed solid waste site or facility had
completed construction pursuant to a permit issued by the cabinet . In the event
an application processed under this subsection results in issuance of a permit ,
the permit shall thereafter be subject to all provisions of these
administrative regulations applicable to permits issued prior to the effective
date of these administrative regulations.
Notes
STATUTORY AUTHORITY: KRS 224.10-100, 224.40-305
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