401 KAR 30:031. Environmental performance standards

Link to law: http://www.lrc.ky.gov/kar/401/030/031.htm
Published: 2015

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      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