RELATES TO: KRS 224.01, 224.10, 224.40, 224.43, 224.99
NECESSITY, FUNCTION, AND CONFORMITY: KRS Chapter 224 requires
the cabinet to promulgate administrative regulations for the management,
processing or disposal of wastes.
KRS 224.40-305 requires that persons engaging in
the storage, treatment, recycling and disposal of waste obtain a permit. This
chapter establishes the minimum technical standards for solid waste sites or
facilities. This administrative regulation sets forth the siting requirements
for construction/demolition debris, contained, and residual landfills.
Section 1. Buffer Zones. Wastes shall not be
placed:
(1) Within 250 feet of an intermittent
or perennial stream unless a 401 water quality certification has been issued
pursuant to 401 KAR Chapter 10.
(2)
Within the zone of collapse of deep-mine workings or within the critical angle
of draw of such workings;
(3)
Within 250 feet of a feature of karst terrain;
(4) Within 250 feet of the property
line;
(5) Within 250 feet of a
residence;
(6) Within fifty (50)
feet of a gas, sewer or water line; and
(7) Within 250 feet of a unplugged well
except monitoring wells.
Section
2. Seasonal High Groundwater Table.
(1) The lowest component of the bottom liner
of new units of a landfill shall be at least four (4) feet above the seasonal
high groundwater table.
(2) Wastes
that leach heavy metals in concentrations exceeding the primary drinking water
standards when analyzed using the toxicity characteristic leaching procedure
test shall be placed no closer than five (5) feet above the seasonal high
groundwater level.
Section
3. Flood Plains.
(1) No person
shall be issued a permit to construct a new contained landfill in the 100-year
flood plain.
(2) Waste disposed in
residual or construction/demolition debris landfills shall not be placed within
the 100 year flood plain of the waters of the Commonwealth unless the applicant
complies with Section 2 of
401 KAR 47:030 of the Environmental Performance Standards
concerning base flow restriction, temporary water storage capacity reduction,
and waste washout. Where available, empirical data shall be used to determine
the frequency of flood exposure. Where data are not available, the frequency of
flood exposure shall be established by the unit hydrograph
technique.
Section 4.
Airport Location Criteria.
(1) No new
contained landfill shall be located within 10,000 feet of any airport runway
used by turbojet aircraft or within 5,000 feet of any airport runway used by
only piston-type aircraft and no landfill shall pose a bird hazard to
aircraft.
(2) An owner or operator
proposing to site a new contained landfill or proposing to horizontally expand
within a five (5)-mile radius of any airport runway end used by turbojet or
piston-type aircraft shall notify the affected airport and the Federal Aviation
Administration.
Section
5. Fault Areas. Waste cells of a solid waste landfill shall not be
located within 200 feet of a fault that has had displacement in holocene
time.
Section 6. Site Suitability.
Landfills shall not be permitted in any area unless the applicant can
demonstrate to the satisfaction of the cabinet that:
(1) The uppermost aquifer is capable of being
monitored in a manner that detects the presence of any constituent listed in
Section 10 of
401 KAR 48:300; and
(2) Corrective action of the uppermost
aquifer is capable of being performed in accordance with
401 KAR 48:300.
