401 KAR 45:060.
Special waste permit-by-rule.
RELATES TO: KRS
224.01, 224.10, 224.40, 224.46, 224.50, 224.99
STATUTORY
AUTHORITY: KRS 224.10-100, 224.40-305, 224.50-760
NECESSITY,
FUNCTION, AND CONFORMITY: KRS Chapter 224 requires the cabinet to adopt
administrative regulations for the management, processing, and disposal of
wastes. KRS 224.40-305 requires persons who establish, conduct, operate,
maintain or permit the use of a waste site or facility to obtain a permit. This
chapter establishes the permitting standards for special waste sites or
facilities, and the standards applicable to all special waste sites or
facilities. This administrative regulation sets forth the requirements for a
special waste permit-by-rule.
Section 1.
Permit-by-rule. Notwithstanding any other provision of this chapter, the
following special waste sites or facilities shall be deemed to have a permit
without the owner or operator having made application or registration with the
cabinet, provided the operation is a practice common to the industry, is not in
violation of 401 KAR 30:031, and does not present a threat or potential threat
to human health or the environment:
(1) Oil
production brine pits and gas and oil drilling mud pits, during the active life
of the pit, if the pit is subject to 401 KAR 5:090;
(2) Temporary
storage of special waste in piles;
(3) Injection
wells used for disposal of special waste subject to 401 KAR 5:090 or in
compliance with an underground injection control permit issued by the U.S. EPA;
(4) Surface
mining impoundments and other special waste surface impoundments in substantial
compliance with KPDES permits;
(5) Surface
impoundments that treat domestic sewage and that do not contain any industrial
wastewater, or are publicly owned treatment works for the treatment of domestic
sewage, if the facility is in compliance with the KPDES or NPDES permit;
(6) Disposal of
coal combustion fly ash, bottom ash, and scrubber sludge in an active mining
operation, if the owner or operator of the mining operation:
(a) Has a mining
permit issued under KRS Chapter 350 that includes the disposal of special
waste; and
(b) Complies
with the conditions of the mining permit; and
(7) Beneficial
reuse of coal combustion by-products as an ingredient or substitute ingredient
in the manufacturing of products, including but not limited to, cement,
concrete, paint, and plastics; antiskid material; highway base course;
structural fill; blasting grit; roofing granules; and mine stabilization and
reclamation material; provided that:
(a) The
utilization of coal combustion by-products does not result in the creation of a
nuisance condition;
(b) Erosion and
sediment control measures consistent with sound engineering practices are
undertaken;
(c) The use is
not within 100 feet of existing streams, 300 feet of existing drinking water
wells, or floodplains or wetlands, unless permission has been obtained from the
appropriate regulatory agency;
(d) The
generator characterizes the nonhazardous nature of the coal combustion by-products;
and
(e) The
generator submits to the cabinet an annual report that identifies the type and
amount of waste released for reuse; the name and address of each recipient of
waste; and the specific use, if known, each recipient made of the waste.
Section 2.
Noncompliances. (1) The cabinet may take any appropriate enforcement actions,
including corrective action or revocation, if a special waste permit-by-rule
site or facility is not operating in substantial compliance with Section 1 of
this administrative regulation.
(2) The cabinet
may, at its discretion, require the owner or operator of a special waste
permit-by-rule site or facility to upgrade the permit to a registered
permit-by-rule to ensure that the requirements of this chapter and the environmental
performance standards of 401 KAR 30:031 are met. (18 Ky.R. 3089; Am. 3437; eff.
6-24-92.)
