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.
STATUTORY AUTHORITY: KRS 224.10-100,
224.40-305
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 permit. This chapter establishes the general administrative
procedures that are applicable to 401 KAR Chapters 31 to 49. This
administrative regulation sets forth the minimum environmental performance
standards with which all waste sites or facilities shall comply.
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
6.5
4.46
5-15
>6.5
8.92
>15
>6.5
17.84
>15
