401 Kar 48:005. Definitions Related To 401 Kar Chapter 48

Link to law: http://www.lrc.ky.gov/kar/401/048/005.htm
Published: 2015

      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.)
Read Entire Law on www.lrc.ky.gov