401 KAR 47:070.
Operator certification.
RELATES TO: KRS
224.01, 224.10, 224.40, 224.43, 224.46, 224.70, 224.99
STATUTORY
AUTHORITY: KRS 224.10-100, 224.40-605
NECESSITY,
FUNCTION, AND CONFORMITY: KRS Chapter 224 requires the cabinet to adopt rules
and administrative regulations for the management, processing or disposal of
wastes. KRS 224.40-605 requires the cabinet to promulgate administrative
regulations that establish standards and a certification program for operators
of waste sites or facilities. This chapter establishes the permitting standards
for solid waste sites or facilities, the standards applicable to all solid
waste sites or facilities, and the standards for certification of operators. An
overview of the permit program is found in Section 1 of 401 KAR 47:080. This
administrative regulation establishes the program for education, testing, and
certification of facility operators of solid waste sites or facilities.
Section 1.
Definitions. The following are definitions as used in this administrative
regulation:
(1)
"Category of solid waste site or facility" means inert, residual,
construction demolition debris, residential or contained landfill and includes
landfarming facilities receiving Class I, II and III sludges or wastes.
(2)
"Certificate" means a written document issued by the cabinet stating
that the operator has met all requirements for certification.
(3)
"Certified operator" means a solid waste site or facility operator
who holds a valid certificate. The following are categories of certified
operators:
(a)
"Landfarming operator" means a certified operator who is the
individual responsible for ensuring compliance with all permit conditions at a
landfarming facility in accordance with 401 KAR 48:200, and who is reasonably
available to the site;
(b)
"Landfill operator" means a certified operator who is the individual
responsible for the daily operating requirements identified in 401 KAR 47:120,
48,060, 48:090, or 48:170;
(c)
"Landfill manager" means a certified operator who is the individual
with primary responsibility for management and operation of the residential or
contained or construction/demolition debris sanitary landfill to assure
compliance with all permit conditions including direct responsibility for
providing guidance to the landfill operator, or the permittee and the authority
to commit financial resources allocated for proper operation; or
(d)
"Interim operator" means the individual identified by the permittee
as the replacement landfarming operator, landfill operator, or landfill manager
in accordance with Section 12 of this administrative regulation.
Section 2.
Applicability. (1) The requirements in this administrative regulation apply to
all solid waste sites or facilities except as subsection (2) of this section
provides otherwise. Each solid waste site or facility shall have at least one
(1) operator certified in accordance with Section 3 (sanitary landfills) or
Section 4 (landfarming facilities) of this administrative regulation, as
appropriate to the category of solid waste site or facility.
(2) Residual
landfills and facilities operating under a registered permit-by-rule or a
permit-by-rule are excluded from the requirements of this administrative
regulation, unless the cabinet requires operator certification as a condition
of the permit. In deciding whether to require operator certification at a
residual landfill, a site or facility with a registered permit-by-rule or a
permit-by-rule, the cabinet shall consider:
(a) The
characteristics of the waste stream;
(b) The
characteristics of the site, including geology and hydrology; and
(c) The
experience and qualifications of the operator.
(3) It shall be
the responsibility of the permittee to ensure that the solid waste site or
facility complies with the requirements of this administrative regulation.
Section 3.
General Provisions for Landfills. (1) Each construction/demolition debris,
residential and contained landfill shall have a certified operator who is a
landfill operator and a landfill manager. The requirements of this subsection
may be fulfilled by:
(a) One (1)
individual who has been certified in accordance with Section 6 of this
administrative regulation for both categories of certified operator (provided
this individual meets the qualifications in Sections 1(3) and 11 of this
administrative regulation); or
(b) Two (2)
individuals who have been certified in accordance with Section 6 of this
administrative regulation in each category of operator such that one (1)
individual is certified as a landfill operator and one (1) individual is
certified as a landfill manager.
(2) As provided
in Section 2 of this administrative regulation, the cabinet may require as a
permit condition that a residual landfill or a site or facility with a
permit-by-rule or registered permit-by-rule shall have a certified operator who
is a landfill operator or a landfill manager or both. The permit condition
imposed shall reference all applicable operating administrative regulations and
requirements for the specific category of sanitary landfill.
(3) In the event
the certified operator who is the landfill operator is not physically at the
facility during operating hours, either the landfill manager or an interim
operator shall be designated responsible for daily site operation and shall be
physically located on site. If an interim operator assumes responsibility for
daily operation of the landfill, the requirements in Section 12 of this
administrative regulation shall be met.
(4) In carrying
out its responsibilities, the cabinet shall examine the qualifications of
applicants for certification and maintain records of certification and a
register of certified operators.
(5)(a) Except as
provided in Section 2 of this administrative regulation, no landfill shall
continue operation in the absence of a landfill operator on site for more than
ten (10) consecutive operating days without appointment of a qualified interim
operator in accordance with Section 12 of this administrative regulation or
written approval from the cabinet.
(b) Except as
provided in Section 2 of this administrative regulation, no landfill shall
continue operation in the absence of a landfill manager for a period longer
than thirty (30) consecutive operating days without appointment of a qualified
interim operator in accordance with Section 12 of this administrative
regulation or written approval from the cabinet.
Section 4.
General Provisions for Landfarming Facilities. (1) Each landfarming facility
shall have a landfarming operator certified in accordance with Section 6 of
this administrative regulation.
(2) No
landfarming facility shall continue operation in the absence of a landfarming
operator for a period longer than five (5) consecutive working days without
appointment of a qualified interim operator in accordance with Section 12 of
this administrative regulation or written approval from the cabinet.
Section 5.
Application for Certification. (1) An individual desiring to be certified shall
file an application on a form provided by the cabinet at least thirty (30) days
before beginning training for a scheduled examination.
(2) The
applicant shall submit all information needed to determine eligibility of the
applicant for examination and certification.
(3) The cabinet
shall review applications and supporting documents, determine the eligibility
of the applicant for examination and notify the applicant of the determination.
(4) No person
shall be eligible for examination for certification unless that person
completes the appropriate training class or classes provided by the cabinet,
unless an alternative training program or certification program is accepted by
the cabinet in accordance with Section 7(6) of this administrative regulation.
Section 6.
Training Classes and Examinations. (1) The cabinet will provide training
classes for the certified operator.
(2) Training
sessions will be held at least annually at places and times set by the cabinet.
The last day of each training session will be set aside for the purpose of
examinations to determine the knowledge and ability of the applicant.
(3)
Certification shall be conditioned on successful passage of a written
examination, unless an alternative examination process is accepted by the
cabinet.
(4) Separate
examinations will be prepared to cover basic differences in the duties and
responsibilities for the operation of each category of solid waste site or
facility and each category of certified operator.
(5) Applicants
who fail to pass an examination may reapply for the examination at a regularly
scheduled examination or by appointment with the cabinet. The cabinet shall
require the applicant to attend the training session again if the applicant
fails to pass the examination in three (3) attempts.
(6) In the event
an applicant fails to meet the requirements for certification, he may petition
the cabinet for a one (1) time only "temporary hardship
certification." The cabinet will then conduct an informal hearing at which
evidence shall be presented by the applicant to support his hardship request.
Each temporary hardship certification request shall be considered on a
case-by-case basis under the following guidelines:
(a) Failure of
the applicant to receive certification would leave a significant area of the
state without adequate waste disposal service.
(b) The applicant
has shown a good faith effort by attending all required training sessions and
met all requirements except the applicant has failed in three (3) attempts to
pass the examination.
(c) The
applicant has shown, through cabinet inspections, a capability for satisfactory
operation of the solid waste site or facility.
Section 7.
Training Course Requirements. (1) All applicants for certification shall be
required to attend a training course provided by the cabinet in accordance with
KRS 224.844.
(2) The training
course provided by the cabinet shall be designed to provide information as
appropriate to the category of certified operator. At a minimum, the training
course shall provide information which enables the certified operator to
perform his duties in a knowledgeable and competent manner.
(3) Landfill
managers shall be trained on:
(a) The
requirements for permit application for the applicable category of sanitary
landfill including ownership, zoning, chapter 109 district boards, geologic and
hydrologic information and specific design details;
(b)
Characteristics of the waste stream; the physical, chemical and biological
reactions including the hydrogeologic interactions of a landfill; and measures
that shall be employed to meet the environmental performance standards in 401
KAR 47:030 and all other regulatory requirements; and
(c) Specific
duties expected to be performed by individuals who are wholly responsible for
the requirements associated with the operation of the applicable category of
sanitary landfill permitted by the cabinet. These actions include at a minimum,
the commitment of resources, oversight of operating personnel, and verification
that site operation is in accordance with all provisions of the permit
including technical documents.
(4) Landfill
operators shall be trained on the requirements contained in the solid waste
administrative regulations as they apply to daily site operation duties. These
duties include judging indicators regarding a site's ability to receive wastes;
judging waste characteristics for disposal acceptability; employing site
equipment to maintain waste compaction, cover, and surface water management on
a daily basis; maintaining equipment; maintaining site safety; and generally
assuring compliance with the administrative regulations.
(5) Landfarming
operators shall be trained on the Kentucky waste management program as it
applies to landfarming; wastewater treatment processes; the nature and
characteristics of sludges; the physical and chemical properties of sludges;
landfarming design and management; environmental considerations; and the
Kentucky waste management permit process. The permit process includes
requirements for application, conditions for maintaining a permit in compliance
with the application and administrative regulations, and amendments to the
landfarming activity and associated permit.
(6) The cabinet
shall provide the training course to applicants for certification. However, the
cabinet may consider alternate training courses or certification programs
provided they are equivalent to the content prescribed by the cabinet's
training course. It shall be the applicant's responsibility to submit such
documentation as the cabinet requires for an equivalency judgment of the
alternate training course. This information shall contain at a minimum the
following specifics: the course name; sponsoring agency; the date, location and
the beginning and ending times of the course; a summary of the course content
of sufficient detail to determine relevance and quality of the course; and a
copy of the certificate received.
Section 8.
Issuance of Certificates. (1) Upon passage of the examination the cabinet will
issue a certificate to the applicant which will indicate the category of solid
waste site or facility and the category of certified operator for which the
operator is certified.
(2) Certified
operators shall be recertified every five (5) years.
(3) Certificates
will be issued to holders of certificates of another state if the training
requirements of the issuing state are deemed comparable as specified in Section
7(6) of this administrative regulation and if the operator passes the cabinet's
examination.
(4) The
certificates of operators who terminate their employment at a solid waste site
or facility will remain valid until expiration or revocation of the
certificate.
(5) Certificates
shall be carried on the person of each certified operator during working hours
at the facility or prominently displayed on site.
Section 9.
Compliance Dates. (1) An operator who is not an appropriately certified
operator and who assumes the responsibility of a certified operator shall
immediately comply with the requirements in Section 12 of this administrative
regulation; and
(2) Comply with
the requirements in Section 6 of this administrative regulation within fifteen
(15) months of assuming the responsibility.
Section 10.
Revocation of Certificate. (1) The cabinet may revoke the certificate of an
operator, following a cabinet hearing, when it determines that the operator has
practiced fraud or deception, or that the operator has failed to perform an
operator's duties including, but not limited to, failure to comply with permit
conditions.
(2) The cabinet
may revoke a certificate whenever the holder fails to use reasonable care and
judgment in the performance of an operator's duties. No certificate shall be
valid if obtained through fraud, deceit, or the submission of inaccurate data
on qualifications.
(3) Individuals
who have had their certificate revoked by the cabinet shall be ineligible for
future recertification.
Section 11.
Operator Qualifications: Education and Equivalencies. (1) All applicants shall
be evaluated by the cabinet as to education, and experience as related to the
appropriate category of solid waste site or facility.
(2)(a)
Applicants for landfill operator shall have completed high school (by
graduation or by obtaining an equivalency certificate) and shall have a minimum
of one (1) year of experience at a landfill similar to the category of landfill
for which certification is sought.
(b) If an
applicant for landfill operator does not meet the requirements of paragraph (a)
of this subsection, the cabinet may consider the number of years of experience
in operating a landfill or experience in a related field (i.e., heavy equipment
operator, road construction, surface mining, etc.) in determining eligibility
for examination on a year-for-year basis.
(3)(a)
Applicants for landfill manager shall have completed high school (by graduation
or by obtaining an equivalency certificate) and shall have:
1. A minimum of
two (2) years administrative experience in a related field (i.e., waste
management, wastewater treatment, etc.); or
2. A minimum of
two (2) years of postsecondary education; or
3. A minimum of
two (2) years of a combination of experience in a related field and
postsecondary education.
(b) If an
applicant for landfill manager does not meet the requirements of paragraph (a)
of this subsection, the cabinet may consider the qualifications of the
applicant on a case-by-case basis.
(4)(a)
Applicants for landfarming operator shall have completed high school (by
graduation or by obtaining an equivalency certificate) and shall have a minimum
of one (1) year of experience at a landfarming facility.
(b) If an applicant
for landfarming operator does not meet the requirements of paragraph (a) of
this subsection, the cabinet may consider the number of years of experience in
operating a landfarming facility or experience in a related field (i.e., waste
water treatment, water treatment, etc.) in determining eligibility for
examination on a year for year basis.
Section 12.
Interim Operators. (1) In accordance with the requirements in subsection (2) of
this section, the permittee shall notify the cabinet in writing of the extended
absence of a certified operator ten (10) days prior to an anticipated absence
and immediately upon discovery of an extended absence due to an emergency or
unanticipated circumstances. The notice from the permittee shall provide the
cabinet with the following information:
(a) Name and
qualifications of the individual intended to replace the certified operator;
and
(b) The length
of time for which the permittee seeks to have the interim operator fulfill the
obligations of the certified operator.
(2) The
permittee shall notify the cabinet of the extended absence when the operator or
manager shall be absent for:
(a) More than
ten (10) consecutive operating days for a landfill operator;
(b) More than
thirty (30) consecutive operating days for a landfill manager; and
(c) More than
five (5) consecutive operating days for a landfarming operator.
(3) Consecutive
operating days as used in subsection (2) of this section shall be determined as
any days:
(a) When the
solid waste site or facility accepts waste, operates equipment or otherwise
performs the business of solid waste management; and
(b) Which days
occur in sequence regardless of whether nonoperating days such as weekends or
holidays fall in between.
(4) The cabinet
shall evaluate the qualifications of the designated interim operator and shall
notify the permittee of the cabinet's determination in writing within thirty
(30) days of receipt of the permittee's notice. The determination shall:
(a) Approve or
deny the permittee's request for designation of the interim operator;
(b) Identify the
length of time the interim operator may operate the solid waste site or
facility; and
(c) Specify
conditions as appropriate to the site and the interim operator's
qualifications.
Section 13.
Permit Condition. As specified in Section 2 of this administrative regulation,
every solid waste site or facility requiring a permit shall be operated by the
operator certified pursuant to this administrative regulation. Pursuant to
Sections 2 and 3 of this administrative regulation, maintaining the certified
operator(s) shall be considered a permit condition, and the permit may be
revoked, or penalties for permit violations sought as appropriate, upon
violation of the requirements and duties established by this administrative
regulation.
Section 14.
Fees. (1) Fees for application for certification shall be:
(a) $125 for
application for certification as a landfill operator;
(b) $125 for
application for certification as a landfill manager;
(c) $150 for
application for certification as both a landfill operator and a landfill
manager when the application is made for certification for both categories at
the same training session;
(d) $125 for
application for certification as a landfarming operator; and
(e) Fifty (50)
dollars for certification by reciprocity for all categories of operator.
(2) Fees shall
accompany applications and will not be returned to those who do not qualify for
a certificate. (Recodified from 401 KAR 2:111, 3-1-83; Am. 10 Ky.R. 172; eff.
12-2-83; 13 Ky.R. 913; 1228; eff. 1-13-87; 16 Ky.R. 1642; 2174; eff. 5-8-90.)
