224.46-530 Specific authority of cabinet over management of hazardous wastes.
(1)
In addition to any other authority or power, the cabinet shall have the authority and
power:
(a) To prohibit the placement of bulk or noncontainerized liquid hazardous
wastes or free liquids contained in hazardous wastes (whether or not
absorbents have been added) in any landfill;
(b) To minimize the disposal of containerized liquid hazardous wastes in landfills
and minimize the presence of free liquids in containerized hazardous wastes to
be disposed in landfills;
(c) To prohibit the disposal in landfills of any liquids including those that have
been absorbed in materials that biodegrade or that release liquids when
compressed as might occur during routine landfill operations;
(d) To regulate the production, burning and transporting of any fuel derived from
any hazardous waste, any mixture of a material and hazardous waste or from
used oil and any other material; and the distribution and marketing of any fuel
produced from hazardous wastes, a mixture of hazardous waste and any
material or from used oil or any other material or which otherwise contains
used oil or any hazardous waste. In regulating any persons and facilities
pursuant to this paragraph the cabinet may include but not be limited to
establishing requirements for notification, labeling, record keeping,
incineration, and any other requirement deemed necessary by the cabinet to
protect human health and the environment;
(e) To require corrective action prior to issuing, renewing, or amending a permit
for all releases of hazardous wastes or constituents from any waste
management unit at a treatment, storage or disposal facility, regardless of
when the wastes were placed in such unit. Permits issued, renewed, or
amended shall contain schedules of compliance for corrective action and
assurances of financial responsibility for completing the corrective action
whenever the corrective action cannot be completed prior to a final decision
on the permit;
(f) To require or order, at facilities for the treatment, storage or disposal of
hazardous wastes, that corrective action be taken beyond the facility boundary
where necessary to protect human health and the environment unless the
owner or operator of the facility demonstrates that after using best efforts the
necessary permission to undertake such action could not be obtained. This
requirement applies to all facilities operating under permits issued pursuant to
KRS 224.40-310 to 224.40-330, 224.43-020, 224.46-505 to 224.46-530,
224.50-130, and 224.50-760 and all landfills, surface impoundments, and
waste pile units (including any new units, replacement of existing units or
lateral expansions of existing units) which receive hazardous wastes after July
26, 1982;
(g) To condition and issue permits that contain terms and conditions that are
necessary to protect human health and the environment;
(h)
(2)
To require any landfill, surface impoundment, land treatment unit or waste
pile unit permitted to operate which receives hazardous waste after July 26,
1982, to comply with the standards concerning groundwater monitoring,
unsaturated zone monitoring, and corrective action which are applicable to
new landfills, surface impoundments, land treatment units, and waste pile
units required to be permitted under this chapter;
(i) To impose such requirements as may be necessary to protect human health
and the environment at any existing landfills, surface impoundments or class
of surface impoundments from which the cabinet determines hazardous
constituents are likely to migrate into groundwater. Such requirements may
include those which would apply if such facility was new;
(j) To regulate the generation, transportation, and use of used oil which is
recycled as necessary to protect human health and the environment;
(k) To regulate hazardous waste that is radioactive except to the extent that such
waste is source, special nuclear or by-product material as defined by the
Atomic Energy Act of 1954, as amended, (68 Stat. 923);
(l) To prohibit the use of waste or used oil or other material which is
contaminated or mixed with dioxin or any other hazardous waste, other than a
waste identified solely on the basis of ignitability, for dust suppression or road
treatment;
(m) To regulate, monitor, and control air emissions at hazardous waste treatment,
storage, and disposal facilities including but not limited to open tanks, surface
impoundments, and landfills as may be necessary to protect human health and
the environment; and
(n) To exclude a waste generated at a particular facility from being regulated as a
hazardous waste.
The cabinet shall have the authority to promulgate any regulations necessary to
carry out the provisions of this section.
Effective: July 15, 1986
History: Created 1986 Ky. Acts ch. 237, sec. 5, effective July 15, 1986.
Formerly codified as KRS 224.867.
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