401 KAR 48:005.
Definitions related to 401 KAR Chapter 48.
RELATES TO: KRS
224.01, 224.10, 224.40, 224.43, 224.50, 224.99, 40 C.F.R. Part 258
STATUTORY AUTHORITY:
KRS 224.10-100, 224.40-110, 224.40-305, 224.43-340, 224.50-824, 224.50-832
NECESSITY, FUNCTION,
AND CONFORMITY: KRS 224.10-100 and the waste management provisions of KRS
Chapter 224 require the cabinet to promulgate administrative regulations for
the management of solid, special, and hazardous wastes. This chapter
establishes technical requirements applicable to the management of solid waste.
This administrative regulation defines terms used in the administrative
regulations of this chapter.
Section 1.
Definitions. Unless otherwise specifically defined in KRS Chapter 224 or
otherwise specifically indicated by context, terms in 401 KAR Chapter 48 shall
have the meanings given in this Section.
(1) "100-year
floodplain" means any land area which is subject to a one (1) percent or
greater chance of flooding in any given year from any source.
(2) "100-year
flood" means a flood that has a one (1) percent chance of being equaled or
exceeded in any given year.
(3)
"Aboveground tank" means a device meeting the definition of
"tank" and that is situated in such a way that the entire surface
area of the tank is completely above the plane of the adjacent surrounding
surface and the entire surface area of the tank (including the tank bottom) is
able to be visually inspected.
(4) "Active
fault" means a land area which, according to the weight of geological
evidence, has a reasonable probability of being affected by movement along a
fault to the extent that a waste site or facility would be damaged and thereby
pose a threat to human health and the environment.
(5) "Active
life" of a facility means the period from the initial receipt of waste at
a waste site or facility until the cabinet receives certification of final
closure.
(6) "Active
portion" means any area of a facility where treatment, storage, or
disposal operations are being or have been conducted and which have not been
closed. It includes the treated area of a landfarm and the active face of a
landfill. Covered, closed, or inactive portions of landfills, building roofs,
and roads are excluded unless designated as "active portions" by the
cabinet.
(7)
"Administrative application" means the standard forms and format used
for applying for a solid waste site or facility permit as specified in 401 KAR
47:160 and 401 KAR 47:180.
(8) "Admixed
liner" means a liner made from a mixture of any of a multitude of
materials, often asphalt or cement, with widely varying physical and chemical
properties. Admixed liners shall be demonstrated to be structurally sound and
chemically resistant to the waste placed in it so as to be capable of
supporting the waste without cracking or disintegrating or allowing waste or
leachate to escape.
(9)
"Agricultural waste" means any nonhazardous waste resulting from the
production and processing of on-the-farm agricultural products, including
manures, prunings and crop residues.
(10)
"Airport" means public-use airport open to the public without prior
permission and without restrictions within the physical capacities of available
facilities.
(11)
"Application" means the form approved by the cabinet for applying for
a permit, including any additions, revisions or modifications and any narrative
and drawings required by 401 KAR Chapters 47 or 48.
(12)
"Aquifer" means a geologic formation, group of formations, or part of
a formation capable of yielding a significant amount of groundwater to wells or
springs.
(13)
"Attenuation" means any decrease in the maximum concentration or
total quantity of an applied chemical or biological constituent in a fixed time
or distance traveled resulting from a physical, chemical, or biological reaction
or transformation occurring in the zone of aeration or zone of saturation.
(14)
"Authorized representative" means the person responsible for the
overall operation of a facility or an operational unit or part of a facility,
such as the plant manager, superintendent, or person of equivalent
responsibility.
(15) "Base
flood" means a flood that has a one (1) percent or greater chance of
recurring in any year, or a flood of a magnitude equaled or exceeded once in
100 years on the average over a significantly long period.
(16)
"Battery" means a device consisting of one or more electrically
connected electrochemical cells which is designed to receive, store, and
deliver electric energy. An electrochemical cell is a system consisting of an
anode, cathode, and an electrolyte, plus such connections (electrical and
mechanical) as may be needed to allow the cell to deliver or receive electrical
energy. The term battery also includes an intact, unbroken battery from which
the electrolyte has been removed.
(17) "Bird
hazard" means an increase in the likelihood of bird or aircraft collisions
that may cause damage to the aircraft or injury to its occupants.
(18)
"Cabinet" shall have the meaning specified in KRS 224.01-010.
(19) "Cation
exchange capacity" means the sum of exchangeable cations a soil can absorb
expressed in milliequivalents per 100 grams of soil as determined by sampling
the soil to the depth of cultivation or solid waste placement, whichever is
greater, and analyzing by the summation method for distinctly acid soils or the
sodium acetate method for neutral, calcareous, or saline soils.
(20)
"Cell" means a portion of any landfill which is isolated, usually by
means of an approved barrier.
(21)
"Certification" means a statement of professional opinion based upon
knowledge and belief.
(22) "Closed
portion" means that portion of a facility which an owner or operator has
closed in accordance with the approved facility closure plan and all applicable
closure requirements.
(23) "Closed
unit" means any solid waste unit that no longer receives waste as of May
8, 1990 and has received all required final layers of cover material.
(24) "Closure
care" means the routine care, maintenance, monitoring, and any required
corrective action of a solid waste disposal site or facility following
certification of closure until the applicable requirements are met.
(25)
"Closure" shall have the meaning specified in KRS 224.01-010.
(26) "Coal
mining solid waste" means solid waste, as defined by KRS 224.01-010, that
is generated at, and is incidental to, a coal exploration operation or surface
mining and reclamation operation regulated under KRS Chapter 350, and shall not
include wastes generated by households, communities, cities, counties, or any
person or business other than those regulated under KRS Chapter 350.
(27) "Coal
mining waste" means earth materials which are combustible, physically
unstable, or acid-forming or toxic-forming, that are generated during and
incidental to the mining and extraction of coal and to the washing and crushing
of coal. The term does not include used oil, paints or flammable liquids. The
term includes the following:
(a) Refuse which is
that waste material in the raw coal which it is the object of cleaning to
remove;
(b) Overburden which
includes all of the earth and other geologic materials, excluding topsoil,
which lie above a natural deposit of coal and also means such earth and other
material after removal from their natural state in the process of mining; and
(c) Coal mining
by-products which include any material that is not one (1) of the primary
products of a particular coal mining operation, is a secondary and incidental
product of the particular operation and would not be solely and separately
mined by the particular operation. The term does not include an intermediate
mining product which results from one (1) of the steps in a mining process and
is processed through the next step of the process within a short time. An
example of a coal mining by-product is that part of the ore deposit that is too
low in grade to be of economic value at the time, but which is stored
separately in the hope that it can be profitably treated later.
(28)
"Collection box" shall have the meaning specified in KRS 224.01-010.
(29)
"Commercial solid waste" shall have the meaning specified in KRS
224.01-010.
(30)
"Component" means either the tank or ancillary equipment of a tank
system.
(31)
"Compost" shall have the meaning specified in KRS 224.01-010.
(32)
"Composting" shall have the meaning specified in KRS 224.01-010.
(33)
"Conditionally exempt small quantity generator" means:
(a) A generator who
generates no more than 100 kilograms of hazardous waste in a calendar month;
and
(b) A generator who
generates acutely hazardous waste listed in Sections 2, 3, and 4(5) of 401 KAR
31:040 in a calendar month in quantities greater than one (1) kilogram. All
quantities of that acutely hazardous waste are subject to administrative
regulation under 401 KAR Chapters 32 through 39, and the notification and
permitting requirements of KRS 224.01-400, 224.40-310, 224.46-510, 224.46-580,
and 224.50-130 to 224.50-413.
(34) "Confined
aquifer" means an aquifer bounded above and below by impermeable beds or
by beds of distinctly lower permeability than that of the aquifer itself; an
aquifer containing confined groundwater.
(35)
"Construction/demolition debris landfill" means a solid waste site or
facility for the disposal of construction/demolition waste. The technical
requirements for construction/demolition debris landfills are found in 401 KAR
47:080, 401 KAR 48:050, and 401 KAR 48:060.
(36)
"Construction/demolition waste" means waste resulting 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.
(37)
"Construction materials" means nonhazardous nonsoluble material,
including but not limited to steel, concrete, brick, asphalt roofing material,
or lumber from a construction or demolition project. Mixture of construction
and demolition debris with any amount of other types of waste may cause it to
be classified as other than construction materials.
(38) "Contained
landfill" means a solid waste site or facility that accepts solid waste
for disposal. The technical requirements for contained landfills are found in
401 KAR 47:080, 401 KAR 48:050, and 401 KAR 48:070 to 401 KAR 48:090.
(39)
"Contaminate" means introduce a substance that would cause:
(a) The
concentration of that substance in the groundwater to exceed the maximum
contaminant level specified in 401 KAR 30:031, Sections 5 and 6 of 401 KAR
47:030, or Section 8 of 401 KAR 34:060;
(b) An increase in
the concentration of that substance in the groundwater where the existing
concentration of that substance exceeds the maximum contaminant level specified
in 401 KAR 30:031, 401 KAR 47:030, or Section 8 of 401 KAR 34:060; or
(c) A significant
increase above established background levels, for substances that do not have
an established maximum contamination level.
(40)
"Contamination" means the degradation of naturally occurring water,
air, or soil quality either directly or indirectly as a result of human
activities.
(41)
"Contingency plan" means a document setting out an organized,
planned, and coordinated course of action to be followed in the event of a
fire, explosion, or release of waste or waste constituents into the environment
which has the potential for endangering human health and the environment.
Financial planning to identify resources for initiation of such action is a
part of contingency plan development.
(42)
"Convenience center" shall have the meaning specified in KRS
224.01-010.
(43) "Cover
material" means soil or other suitable material that is spread and
compacted on the top and side slopes of disposed waste in order to control
disease vectors, gases, erosion, fires, and infiltration of precipitation or
run-on; support vegetation; provide trafficability; or assure an aesthetic
appearance.
(44)
"Demonstration" shall have the meaning specified in KRS 224.01-010.
(45)
"Destruction or adverse modification" means an alteration of critical
habitat which appreciably diminishes the likelihood of the survival and
recovery of threatened or endangered species using that habitat.
(46)
"Dike" means an embankment or ridge of either natural or manmade
materials used to prevent the movement of liquids, sludges, solids, or other
materials.
(47) "Disease
vector" means all insects, birds or gnawing animals such as rats, mice or
ground squirrels, which are capable of transmitting pathogens.
(48) "Disposal
facility" means a facility or part of a facility at which solid waste is
intentionally placed into or on any land or water and at which waste will
remain after closure.
(49)
"Disposal" shall have the meaning specified in KRS 224.01-010.
(50) "Domestic
sewage" means untreated sanitary wastes that pass through a sewer system.
(51) "Draft
permit" shall have the same meaning as "proposed permit".
(52) "Effluent
limitations" shall have the same meaning as KRS 224.01-010.
(53) "Emergency
permit" means a permit issued by the cabinet to temporarily store, treat
or dispose of hazardous waste in accordance with the provisions of Section 2 of
401 KAR 38:060, to temporarily manage, process, or dispose of a solid waste in
accordance with the provisions of Section 2 of 401 KAR 47:150 or to temporarily
store, treat, or dispose of special waste in accordance with the provisions of
Section 1 of 401 KAR 45:135.
(54)
"Endangered or threatened species" means any species listed as such
pursuant to Section 4 of the Endangered Species Act, as amended, 16 USC 1536.
(55)
"Engineer" shall have the meaning specified in KRS 322.010. An independent,
professional engineer shall be registered in Kentucky pursuant to KRS 322.040
and shall be qualified to engage in waste management engineering practices.
(56) "Ephemeral
stream" means a stream which flows only in direct response to precipitation
in the immediate watershed or in response to the melting of a cover of snow and
ice and which has a channel bottom that is always above the local water table.
(57)
"Equivalent method" means any testing or analytical method, approved
jointly by the administrator and the secretary under 401 KAR Chapter 31, or
methods in 401 KAR Chapters 47 and 48, approved by the secretary of the
cabinet.
(58) "Existing
unit" means any solid waste disposal unit that was receiving solid waste
as of May 8, 1990 and has not received the final layers of cover material.
(59) "Explosive
gas" means methane (CH4).
(60) "Facility
structures" means any buildings and sheds or utility or drainage lines on
the solid waste site or facility.
(61)
"Facility" means all contiguous land, and structures, other
appurtenances, and improvements on the land, used for treating, storing, or
disposing of waste. A facility may consist of several treatment, storage, or
disposal operational units, such as one (1) or more landfills, surface impoundments,
or combination of them.
(62) "Federal
agency" means any department, agency, or other instrumentality of the
federal government, any independent agency or establishment of the federal
government including any government corporation, and the United States
Government Printing Office.
(63) "Final
closure" of a solid waste site or facility means the approved closure of a
solid waste site or facility in accordance with 401 KAR 30:031, 401 KAR 47:030
and the applicable requirements of 401 KAR 48:060, 401 KAR 48:090, 401 KAR
48:170, or 401 KAR 48:200.
(64) "Flood
plain" means areas adjoining inland waters which are inundated by the base
flood, unless otherwise specified in 401 KAR 30:031 or 401 KAR 47:030, and
includes: 100-year floodplain and floodway.
(65)
"Floodway" means the channel of the waterway, stream or river and
that portion of the adjoining floodplain which provides for passage of the
100-year flood flow without increasing the floodwater depth across the 100-year
floodplain by more than one (1) foot.
(66) "Food
chain crops" means tobacco, crops grown for human consumption, and crops
grown for feed for animals whose products are consumed by humans.
(67) "Free
liquids" means liquids which readily separate from the solid portion of a
waste under ambient temperature and pressure.
(68)
"Freeboard" means the vertical distance between the top of a tank or
surface impoundment dike and the surface of the waste contained therein.
(69)
"Groundwater table" means the upper boundary of the saturated zone in
which the hydrostatic pressure of the groundwater is equal to the atmospheric
pressure.
(70)
"Groundwater" means the subsurface water occurring in the zone of
saturation beneath the water table, and perched water zones below the B-soil
horizon, including water circulating through fractures, bedding planes, and
solution conduits.
(71)
"Holocene" means the most recent epoch of the quaternary period,
extending from the end of the pleistocene to the present.
(72) "Household
solid waste" shall have the meaning specified in KRS 224.01-010.
(73) "Hydric
soils" means soils that, in their undrained condition, are saturated,
flooded, or ponded long enough during a growing season to develop an anaerobic
condition that supports the growth and regeneration of hydrophytic vegetation.
(74)
"Hydrophytic vegetation" means a plant growing either in water, or in
a substrate that is at least periodically deficient of oxygen during a growing
season as a result of excessive water content.
(75)
"Incinerator" means any enclosed device using controlled flame
combustion for burning solid waste.
(76)
"Industrial solid waste" shall have the meaning specified in KRS
224.01-010.
(77) "Inert
landfill" means a facility for the proper disposal of inert, nonsoluble
and nonputrescible solid waste, including construction materials, certain
industrial or special wastes, and other waste material with specific approval
from the cabinet. Certain putrescible wood product wastes (such as cardboard,
paper, sawdust, wood chips, and tree trimmings) may be considered by the
cabinet for disposal at inert landfills.
(78)
"Infectious waste" means those wastes which may cause disease or
reasonably be suspected of harboring pathogenic organisms; included are wastes
resulting from the operation of medical clinics, hospitals, and other
facilities producing wastes which may consist of, but are not limited to,
diseased human and animal parts, contaminated bandages, pathological specimens,
hypodermic needles, contaminated clothing, and surgical gloves.
(79) "Inground
tank" means a device meeting the definition of "tank" in this
section and that whereby a portion of the tank is situated to any degree within
the ground, thereby preventing visual inspection of that external surface area
of the tank that is in the ground.
(80)
"Intermittent stream" means a stream or reach of stream that drains a
watershed of one (1) square mile or more but does not flow continuously during
the calendar year.
(81) "Karst
terrain" means a type of topography where limestone, dolomite or gypsum is
present and is characterized by naturally occurring closed topographic
depressions or sinkholes, caves, disrupted surface drainage, and well developed
underground solution channels formed by dissolution of these rocks by water
moving underground.
(82) "Key
personnel" shall have the meaning specified in KRS 224.01-010.
(83)
"Landfarming facility" means a facility for land application of
sludges or other solid waste by any method for purposes of disposal. It can be
on any piece or pieces of land and may improve the physical and chemical
qualities of the land for agricultural purposes, but does not alter the
topography of the application area as revealed by contours and will not disturb
the soil below three (3) feet from the surface.
(84) "Landfill"
means a solid waste site or facility for the disposal of specific wastes that
is located, designated, constructed, operated, maintained, and closed in
conformance with 401 KAR Chapter 47 and 48, and 401 KAR 30:031, and receives a
case-by-case design review by the cabinet.
(85) "Lateral
expansion" means a horizontal expansion of the waste boundaries of an
existing solid waste landfill unit.
(86)
"Leachate" means any liquid including any suspended components in the
liquid, that has percolated through or drained from waste.
(87)
"Liner" means a continuous layer of natural or manmade material,
beneath or on the sides of a waste site or facility, including but not limited
to a waste pile, surface impoundment, landfill, or landfill cell, or beneath or
on the sides of a waste site or facility which restricts the movement of the
wastes, waste constituents, or leachate.
(88) "Lower
explosive limit" means the lowest percent by volume of a mixture of
explosive gases which will propagate a flame in air at twenty-five (25) degrees
Celsius and atmospheric pressure.
(89) "Major
modification" means for solid waste sites and facilities, a change meeting
the criteria in Section 3 of 401 KAR 47:130.
(90)
"Management facility" means a facility or part of a facility at which
solid waste is held for a temporary period, at the end of which solid waste is
processed, disposed or managed elsewhere.
(91) "Materials
recovery facility" shall have the meaning specified in KRS 224.01-010.
(92) "Mining
overburden returned to the mine site" means any material overlying an
economic mineral deposit which is removed to gain access to that deposit and is
then used for reclamation of a surface mine.
(93)
"Miscellaneous unit" means a solid waste management unit where waste
is disposed and that is not a container, tank, surface impoundment, pile,
landfarming unit, landfill, incinerator, underground injection well with
appropriate technical standards under 40 CFR Part 146, or unit eligible for a
research, development, and demonstration permit under section 3 of 401 KAR
47:150.
(94)
"Monitoring well" means a well used to obtain water samples for water
quality and quantity analysis and groundwater levels.
(95)
"Monitoring" means the act of systematically inspecting and
collecting data on operational parameters or on the quality of the air, soil,
groundwater, or surface water.
(96) "Municipal
solid waste disposal facility" shall have the meaning specified in KRS
224.01-010.
(97) "Municipal
solid waste reduction" shall have the meaning specified in KRS 224.01-010.
(98) "Municipal
solid waste" shall have the meaning specified in KRS 224.01-010.
(99)
"Newsprint" shall have the meaning specified in KRS 224.01-010.
(100) "Notice
of intent" means the standard forms for applying for a solid waste site or
facility permit as required by 401 KAR 47:160, 401 KAR 47:170 and 401 KAR
48:200.
(101)
"Off-site" means properties noncontiguous to the site.
(102)
"On-site" means on the same or geographically contiguous property
which may be divided by public or private right-of-way, provided the entrance
and exit between the properties is at a crossroads intersection, and access is
by crossing, as opposed to going along the right-of-way. Noncontiguous
properties owned by the same person but connected by a right-of-way which he
controls and to which the public does not have access is also considered
on-site property.
(103) "Open
burning" means the combustion of any material or solid waste without:
(a) Control of
combustion air to maintain adequate temperature for efficient combustion;
(b) Containment of
the combustion reaction in an enclosed device to provide sufficient residence
time and mixing for complete combustion; and
(c) Control of
emission of the gaseous combustion products.
(104) "Open
dump" shall have the meaning specified in KRS 224.01-010.
(105) "Onground
tank" means a device meeting the definition of "tank" in this
section and that is situated in such a way that the bottom of the tank is on
the same level as the adjacent surrounding surface so that the external bottom
of the tank cannot be visually inspected.
(106)
"Operational plan" means the approved plan of operations filed with
the cabinet which describes the method of operation that the permittee will use
in the treatment, storage, or disposal of wastes.
(107)
"Operator" means any person responsible for overall operation of an
on-site or off-site waste facility, including any private contractor conducting
operational activities at a federal facility.
(108)
"Owner" means any person who owns an on-site or off-site waste
facility, or any part of a facility.
(109)
"Perennial stream" means a stream or that part of a stream that flows
continuously during all of the calendar year as a result of groundwater
discharge or surface run-off. The term does not include "intermittent
stream" or "ephemeral stream".
(110) "Periodic
application of cover material" means the application and compaction of
soil or other suitable material over disposed waste at a solid waste site or
facility at the end of each operating day or at such frequencies and in such a
manner as to reduce the risks of fire and to impede disease vector's access to
the waste.
(111) "Permit
by rule" means authorization allowing certain classes of sites or
facilities to manage waste consistent with 401 KAR Chapters 30 to 49, without
submission of a registration or permit application to the cabinet. Examples of
solid waste sites or facilities which are permitted by rule include facilities
identified in 401 KAR 47:150.
(112)
"Permit" means the authorization or other control document issued by
the cabinet to implement the requirements of the waste management
administrative regulations. The term permit includes permit-by-rule, registered
permit-by-rule, research, development, and demonstration permit, and emergency
permit. However, the term permit does not include draft permit or proposed
permit.
(113)
"Permittee" means any person holding a valid permit issued by the
cabinet to manage, treat, store, or dispose of waste.
(114)
"Person" shall have the meaning specified in KRS 224.01-010.
(115)
"Personnel" or "facility personnel" means all persons who
work at or oversee the operations of a waste facility, and whose actions or
failure to act may result in noncompliance with the requirements of the waste
management administrative regulations.
(116)
"Pile" or "waste pile" means any noncontainerized accumulation
of nonflowing solid waste that is used for processing or management.
(117) "Point of
compliance" means for solid waste site and facilities, groundwater
monitoring wells located within 250 feet of the waste boundary as approved by
the cabinet.
(118) "Point
source" means any discernible, confined, and discrete conveyance including
but not limited to any pipe, ditch, channel, tunnel, conduit, well, discrete
fissure, container, rolling stock, concentrated animal feeding operation,
vessel or other floating craft from which pollutants are or may be discharged.
This term does not include return flows from irrigated agriculture.
(119)
"Pollutant" shall have the same meaning as KRS 224.01-010.
(120)
"Polychlorinated biphenyls" or "PCB" means halogenated
organic compounds defined in accordance with 40 CFR 761.2 as of July 1989.
(121)
"Postclosure" shall have the same meaning as "closure
care."
(122)
"Postclosure care" means the manner in which a facility shall be
maintained when it no longer accepts waste for disposal.
(123)
"Postclosure monitoring and maintenance" shall have the meaning
specified in KRS 224.01-010.
(124)
"Postconsumer waste paper" shall have the meaning specified in KRS
224.01-010.
(125)
"Processing facility" means a facility or part of a facility using
any method, technique or procedure, including neutralization, designed to
change the physical, chemical, or biological character or composition of any
solid waste so as to neutralize such waste, or so as to recover energy or
material resources from the waste, or so as to render such waste less
hazardous; safer to transport, store, or dispose of; or amenable for recovery,
amenable for handling or reduced in volume.
(126) "Proposed
permit" means a document prepared by the cabinet indicating the cabinet's
tentative decision to issue or deny, modify, revoke or terminate a permit.
(127) "Publicly
owned treatment works" or "POTW" shall have the meaning
specified in KRS 224.01-010.
(128)
"Publisher" shall have the meaning specified in KRS 224.01-010.
(129)
"Putrescible" means susceptible to rapid decomposition by bacteria,
fungi, or oxidation sufficient to cause nuisances such as odors, gases, or
other offensive conditions.
(130)
"Qualified groundwater scientist" means a geologist registered in
Kentucky who has received a baccalaureate or postgraduate degree in the natural
sciences or engineering, and has sufficient training and experience in
groundwater hydrology and related fields to enable that individual to make
sound professional judgments regarding groundwater monitoring and contaminant
fate and transport.
(131) "Recharge
zone" means an area supplying the water which enters an underground
drinking water source.
(132)
"Recovered material processing facility" shall have the meaning
specified in KRS 224.01-010.
(133)
"Recovered material" shall have the meaning specified in KRS
224.01-010.
(134) "Recycled
content" shall have the meaning specified in KRS 224.01-010.
(135)
"Recycling center" means a facility or a part of a facility at which
solid waste is received and managed in a manner amenable for the recovery of
material or energy. This term does not include recycling facilities.
(136)
"Recycling facility" means a facility or a part of a facility at
which solid waste is processed to reclaim material or energy from the solid
waste.
(137)
"Recycling" shall have the meaning specified in KRS 224.01-010.
(138)
"Refuse-derived fuel" shall have the meaning specified in KRS
224.01-010.
(139)
"Registered permit by rule" means that certain classes of solid waste
sites or facilities as specified in 401 KAR 47:080 have a permit as provided in
401 KAR 47:110 or 401 KAR 48:200.
(140) "Representative
sample" means a sample of a universe or whole (for example, waste pile,
lagoon, or groundwater) which can be expected to exhibit the average properties
of the universe or whole.
(141)
"Research, development, and demonstration permit" means a solid waste
treatment or disposal facility using innovative and experimental technology as
specified in sections of 401 KAR 47:150.
(142)
"Residential landfill" means a facility for the proper disposal of
solid waste including residential waste, commercial waste, institutional waste,
and those sludges, industrial or special waste with specific approval from the
cabinet.
(143) "Residual
landfill" means a facility for the disposal of specific solid waste(s),
including special waste, which is located, designed, constructed, operated,
maintained, and closed in conformance with 401 KAR 30:031 and 401 KAR 47:030
and which receives a case-by-case design review by the cabinet.
(144) "Resource
recovery" means the recovery of material or energy from waste.
(145) "Run-off"
means any rainwater, leachate, or other liquid that drains overland from any
part of a facility.
(146)
"Run-on" means any rainwater, leachate, or other liquid that drains
overland onto any part of a facility.
(147)
"Salvaging" means the controlled removal of waste materials for
utilization in a manner approved by the cabinet.
(148) "Sanitary
landfill" means a facility for the disposal of solid waste that complies
with 401 KAR 30:031 and 401 KAR 47:030.
(149)
"Saturated zone" shall have the same meaning as "zone of
saturation".
(150)
"Scavenging" means the removal of waste materials from a waste
management site or facility in a manner deemed by the cabinet to be dangerous
to the health and safety of any person.
(151) "Schedule
of compliance" means a schedule of remedial measures included in a permit
or cabinet order, including an enforceable sequence of interim requirements
(for example, actions, operations, or milestone events) leading to compliance
with KRS Chapter 224 and 401 KAR Chapters 30 to 49.
(152)
"Secretary" shall have the meaning specified in KRS 224.01-010.
(153) "Sewage
system" shall have the meaning specified in KRS 224.01-010.
(154)
"Site" means the land or water area where any facility or activity is
physically located or conducted, including adjacent land used in connection
with the waste facility or activity.
(155) "Sludge
dryer" means any enclosed thermal treatment device that is used to
dehydrate sludge and that has a maximum total thermal input, excluding the
heating value of the sludge itself, of 2,500 BTU per pound of sludge treated on
a wet-weight basis.
(156)
"Sludge" means any solid, semisolid, or liquid waste generated from a
municipal, commercial, or industrial wastewater treatment plant, water supply
treatment plant, or air pollution control facility exclusive of the treated
effluent from a wastewater treatment plant or any other waste having similar
characteristics and effects.
(157) "Small
quantity generator" means a generator who generates more than 100
kilograms but less than 1000 kilograms of hazardous waste in a calendar month.
(158) "Solid
waste" shall have the same meaning as KRS 224.01-010.
(159) "Solid
waste management area" or "area" shall have the meaning
specified in KRS 224.01-010.
(160) "Solid
waste management facility" shall have the meaning specified in KRS
224.01-010.
(161) "Solid
waste management" shall have the meaning specified in KRS 224.01-010.
(162) "Solid
waste site or facility" means any place at which solid waste is managed,
processed or disposed by landfilling, incineration, landfarming or any other
method. The term includes: construction/demolition debris landfill; collection
box; contained landfill; convenience center; disposal facility; incinerator;
injection well; landfarming facility; management facility; miscellaneous unit;
municipal solid waste disposal facility; pile or waste pile; processing
facility; recycling center; recycling facility; residual landfill; sanitary
landfill; surface impoundment; tank; transfer facility; unit or solid waste
unit; wastewater treatment unit; inert landfill; or residential landfill.
(163) "Solid
waste unit" means a contiguous area of land on or in which solid waste is
placed, or the largest area in which there is significant likelihood of mixing
waste constituents in the same area. Examples of solid waste units include a
surface impoundment, a waste pile, a land processing area, a landfill cell, an
incinerator, a tank and its associated piping and underlying containment
system, and a container storage area. A container alone does not constitute a
unit; the unit includes containers and the land or pad upon which they are
placed.
(164)
"State" means any of the fifty (50) states, the District of Columbia,
the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, the
Northern Mariana Islands or Guam but does not include any foreign country.
(165)
"Storage" shall have the meaning specified in KRS 224.01-010.
(166) "Surface
impoundment" means a facility or part of a facility which is a natural topographic
depression, manmade excavation, or diked area formed primarily of earthen
materials (although it may be lined with manmade materials), which is designed
to hold an accumulation of liquid wastes or wastes containing free liquids, and
which is not an injection well. Examples of surface impoundments are holding,
storage, settling, and aeration pits, ponds, and lagoons.
(167)
"Tank" means a stationary device designed to contain an accumulation
of leachate or solid waste that is constructed primarily of nonearthen
materials (for example, wood, concrete, steel, or plastic) which provide
structural support.
(168) "Tank
system" means a solid waste tank and its associated piping, ancillary
equipment and containment system.
(169)
"Technical application" means the standard format for applying for a
solid waste site or facility permit as specified in 401 KAR 47:160 and 401 KAR
47:190.
(170)
"Termination" shall have the meaning specified in KRS 224.01-010.
(171) "Transfer
facility" shall have the meaning specified in KRS 224.01-010.
(172)
"Transport vehicle" means a motor vehicle or rail car used for the
transportation of cargo by any mode. Each cargo-carrying body is a separate
transport vehicle.
(173)
"Transportation" shall have the meaning specified in KRS 224.01-010.
(174)
"Trenching or burial operation" means the placement of sewage sludge
or septic tank pumpings in a trench or other natural or manmade depression and
the covering with soil or other suitable material at the end of each operating
day such that the waste does not migrate to the surface.
(175)
"Underground drinking water source" means:
(a) An aquifer
supplying drinking water for human consumption; or
(b) An aquifer in
which the groundwater contains less than 10,000 mg/l total dissolved solids.
(176)
"Underground tank" means a device meeting the definition of
"tank" in this section whose entire surface area is totally below the
surface of and covered by the ground.
(177)
"Unfit-for-use tank system" means a tank system that has been determined
through an integrity assessment or other inspection to be no longer capable of
managing or processing solid waste without posing a threat of release of waste
to the environment.
(178)
"Unit" shall have the same meaning as "Solid Waste Unit".
(179)
"Universal collection" shall have the meaning specified in KRS
224.01-010.
(180)
"Unsaturated zone" shall have the same meaning as "Zone of
aeration".
(181)
"Uppermost aquifer" means the geologic formation nearest the natural
ground surface that is an aquifer, as well as lower aquifers that are
hydraulically interconnected with this aquifer within the facility's property
boundary.
(182)
"Vessel" means any watercraft used or capable of being used as a
means of transportation on the water.
(183) "Washout"
means the carrying away of waste by waters as a result of flooding.
(184) "Waste
boundary" means:
(a) The outermost
perimeter of the waste (projected in the horizontal plane) as it would exist at
completion of the disposal activity; or
(b) An alternative
boundary for a solid or special waste disposal facility which may be used in
lieu of paragraph (a) when the cabinet finds that such a change would not
result in the contamination of groundwater which may be needed or used for
human consumption. Such a finding shall be based on an analysis and
consideration of all the factors identified in the following subparagraphs of
this paragraph that are relevant:
1. The
hydrogeological characteristics of the facility and surrounding land including
any natural attenuation and dilution characteristics of the aquifer;
2. The volume and
physical and chemical characteristics of the leachate;
3. The quantity,
quality, and direction of flow of groundwater underlying the facility;
4. The proximity and
withdrawal rates of groundwater users;
5. The availability
of alternative drinking water supplies;
6. The existing
quality of the groundwater, including other sources of contamination and their
cumulative impacts on the groundwater; and
7. Public health,
safety, and welfare effects.
(185) "Waste
disposal facility" shall have the same meaning as KRS 224.40-310.
(186) "Waste
management district" shall have the meaning specified in KRS 224.01-010.
(187) "Waste
pile" shall have the same meaning as "pile".
(188) "Waste site
or facility" shall have the meaning specified in KRS 224.01-010.
(189)
"Waste" shall have the meaning specified in KRS 224.01-010.
(190)
"Wastewater treatment unit" means a tank which is part of a
wastewater treatment facility which is subject to administrative regulation
under either Section 402 or Section 307(b) of the Clean Water Act of 1972 and
which receives, treats, stores, generates, or accumulates influent wastewater
or receives, manages, processes, generates or accumulates wastewater treatment
sludge, either of which is a solid waste.
(191) "Water
pollution" shall have the meaning specified in KRS 224.01-010.
(192)
"Water" or "waters of the Commonwealth" shall have the
meaning specified in KRS 224.01-010.
(193)
"Well" means any shaft or pit dug or bored into the earth, generally
of cylindrical form, and often walled with bricks or tubing to prevent the
earth from caving in.
(194)
"Wetlands" means land that has a predominance of hydric soils and is
inundated or saturated by surface or groundwater at a frequency and duration
sufficient to support, and that under normal circumstances does support, a
prevalence of hydrophytic vegetation typically adapted for life in saturated
soil conditions.
(195) "Zone of
aeration" means that region of the soil or rock between the land surface
and the nearest saturated zone in which the interstices are occupied partially
by air.
(196) "Zone of
incorporation" means the depth to which the soil on a landfarm is plowed,
tilled, or otherwise designed to receive waste.
(197) "Zone of
saturation" means that part of the earth's crust containing groundwater in
which all voids, large and small, are filled with liquid.
Section 2. Acronyms
and Abbreviations. Unless otherwise specifically indicated by context, acronyms
and abbreviations used in 401 KAR Chapter 48 shall have the meaning as
identified in Table 1 of this administrative regulation.
Table
1. Acronyms and Abbreviations
ASTM
American Society for
Testing Materials
CFR
Code of Federal
Regulations
CWA
Clean Water Act, as
amended
CERCLA
Comprehensive
Environmental Response, Compensation, and Liability Act of 1980
DEP
Kentucky Department for
Environmental Protection
EPA
United States
Environmental Protection Agency
KAR
Kentucky Administrative
Regulation
kg
Kilogram
KPDES
Kentucky Pollution
Discharge Elimination System
KRS
Kentucky Revised Statute
l
Liter
MCL
Maximum Contaminant
Level
mg
milligram
NPDES
National Pollutant and
Discharge Elimination System
OSHA
U.S. Occupational Safety
and Health Administration
PCB
Polychlorinated biphenyl
POTW
Publicly owned treatment
works
PSD
Prevention of significant
deterioration
SCS
Soil Conservation
Service
U.S. EPA
United States
Environmental Protection Agency
USDA
United States Department
of Agriculture
(21 Ky.R. 501; eff.
11-7-94; Am. 23 Ky.R. 990; eff. 3-12-97.)
