401 KAR 45:060. Special waste permit-by-rule

Link to law: http://www.lrc.ky.gov/kar/401/045/060.htm
Published: 2015

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      401 KAR 45:060.

Special waste permit-by-rule.



224.01, 224.10, 224.40, 224.46, 224.50, 224.99


AUTHORITY: KRS 224.10-100, 224.40-305, 224.50-760


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


      (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;


      (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.