2011 Kentucky Revised Statutes Subchapter 50 Other Specific Types of Waste 224.50.130 Legislative findings -- Chemical munitions waste treatment or disposal -- Requirements for treatment or disposal permits -- Restrictions governing permits.
KY Rev Stat § 224.50.130 (1996 through Reg Sess) What's This?
224.50-130 Legislative findings -- Chemical munitions waste treatment or disposal - Requirements for treatment or disposal permits -- Restrictions governing
permits.
(1)
(2)
(3)
The General Assembly of Kentucky finds that:
(a) The compounds listed in subsection (2) of this section were designed and
configured to be utilized for warfare, with the purpose of incapacitating or
inducing lethality in persons who come in contact with the compounds, and
that the compounds have no legitimate civilian use;
(b) The Commonwealth of Kentucky owes to its residents a duty of utmost care to
assure that no person will be exposed to these compounds or the degradation
by-products of these compounds through purposeful or accidental release of
the compounds into the air, land, or water of the Commonwealth, and also
owes a duty to utilize the police powers of the Commonwealth to guarantee
the safe demilitarization, decommissioning, dismantling, and disposal of
weapons containing these compounds and to eliminate potential risks of
exposure from the treatment and disposal of the compounds;
(c) Section 6929 of Title 42 of the United States Code, specifically recognizes
and reserves to the Commonwealth the authority to impose reasonable
restrictions directly relating to public health and safety with respect to the
management of hazardous wastes beyond the minimum standards established
under federal law; and
(d) There exist substantial gaps in information concerning the acute and chronic
health effects and environmental consequences of exposure to the compounds
and the degradation by-products of the compounds listed in subsection (2) of
this section, which, given the high acute toxicity of the compounds relative to
other regulated hazardous wastes, justify the imposition of standards
correlative to the uncertainties and severity of risks potentially posed by the
treatment or disposal of the compounds.
Notwithstanding any other provision of this chapter, within thirty (30) days after
July 15, 1988, the cabinet shall list the following compounds as hazardous wastes
for the purposes of regulation of the treatment, storage, and disposal of the wastes
under the delegated authority of the Resource Conservation and Recovery Act, 42
U.S.C. 6901 et seq.: GB (isopropyl methyl phosphonoflouridate); VX (O-ethyl-S(2-diisopropylaminoethyl) methyl phosphonothiolate); and H (bis(2-chloroethyl)
sulfide) and related compounds.
In addition to the requirements of KRS 224.46-520(1), the cabinet shall consider the
criteria set forth in this subsection in making a determination to issue, deny, or
condition a permit for any person desiring a permit to construct or operate a
hazardous-waste site or facility for treatment or disposal of any of the compounds
identified in subsection (2) of this section. The applicant shall affirmatively
demonstrate, and the cabinet shall find prior to issuance, conditional issuance, or
denial of the permit or draft permit, that:
(a)
(b)
(c)
The proposed treatment or destruction technology has been fully proven in an
operational facility of scale, configuration, and throughput comparable to the
proposed facility, or has been demonstrated as effective, within the chemical
weapons disposal programs as directed in Pub. L. 104-208 and other
applicable federal laws, sufficient to provide assurance of destruction or
neutralization at an efficiency of ninety-nine and nine thousand, nine hundred,
and ninety-nine ten thousandths percent (99.9999%) for each compound listed
in subsection (2) of this section that is proposed to be treated or destroyed,
with the efficiency to be demonstrated as achievable under all operating
conditions. During the occurrence of malfunctions, upsets, or unplanned
shutdowns, all quantities of any compound listed in subsection (2) of this
section shall be contained, reprocessed or otherwise controlled so as to ensure
that the required efficiency is attained prior to any release to the environment;
Monitoring data from an operational facility or alternative disposal program as
described in paragraph (a) of this subsection reflects that the emissions from
treatment and destruction facilities or fugitive sources, including, but not
limited to, the emissions of the compounds identified in subsection (2) of this
section and products of combustion, incomplete combustion, and other
processes alone or in combination present no more than a minimal risk of
acute or chronic human health effect, as demonstrated by sufficient and
applicable toxicological data, or adverse environmental effect; and
An emergency response plan has been submitted to the cabinet and approved,
after public notice and an opportunity to be heard, providing for sufficient
training, coordination, and equipment for state and local emergency response
personnel, including health, police, fire, and other responders, to assure the
ability of the community to respond to releases from such a facility. The plan
shall demonstrate the capability of evacuating prior to exposure, or otherwise
mitigating exposure for all individuals that might be exposed to releases from
the facility during a credible worst-case release. In determining the population
and area of potential exposure during a worst-case release, all possible
climatic conditions and population distributions shall be assumed for the
largest area where any exposure to the release could induce acute or chronic
health consequences or environmental impact. If such a plan has not been
fully implemented at the time of permit approval, the Division of Emergency
Management shall advise the cabinet of critical shortcomings. Any permit
issued shall include, as conditions, the resolution of critical shortcomings in
the implementation of the plan, and shall not allow actual destruction of any
of the compounds identified in subsection (2) of this section to begin until
those permit conditions have been met to the satisfaction of the Division of
Emergency Management. No later than January 1, 2001, the Division of
Emergency Management shall complete an assessment of a draft plan
previously submitted by the applicant and the respective counties and, after
public notice and an opportunity to be heard, shall approve or reject the draft
plan. The cabinet shall conduct no technical review of a permit application for
(4)
(5)
(6)
(7)
treatment or disposal of these compounds until notified in writing by the
Division of Emergency Management that the draft plan has been approved.
In considering any application for a permit subject to this section, and supporting
information which shall be provided by the applicant on request by the cabinet, the
cabinet shall not issue a permit unless, as part of the alternatives analysis of KRS
224.46-520(1), the cabinet makes an affirmative finding after public notice and an
opportunity to be heard, that no alternative method of treatment or disposal exists in
an operational facility or alternative disposal program as described in subsection
(3)(a) of this section that create less risk of release, or acute or chronic health effect,
or adverse environmental effect.
In addition to the definition of the term as defined in this chapter, the term
"treatment", as used in this section, shall include the manual or mechanical handling
of the chemical compounds listed in subsection (2) of this section and of any
munitions containing the compounds during the processing of munitions to remove
the compounds, to separate munitions components, and to otherwise prepare the
components and compounds for destruction, neutralization, dismantling, or
decommissioning. The term "treatment" shall not include the handling, movement,
or overpacking of containers or munitions containing a compound listed in
subsection (2) of this section within the fenced boundaries of an area used for the
storage of those munitions if:
(a) A plan for the handling, movement, or overpacking is submitted and approved
by the cabinet, after public notice and opportunity to be heard, before the
handling, movement, or overpacking occurs; or
(b) An emergency has occurred and the handling, movement, or overpacking is
necessary to protect human health, safety, or the environment, if a report
describing the handling, movement, or overpacking is submitted to the cabinet
as soon as possible after the emergency is abated.
No site or facility for treatment or disposal of any of the substances identified in
subsection (2) of this section shall be issued a permit to treat or destroy a live
chemical agent as a research, development, or demonstration permit except for a
pilot scale operation.
In addition to other requirements of KRS 224.46-520(1) and subsections (1) to (6)
of this section, the cabinet shall not issue a permit or authorization to construct or
operate a hazardous waste site or facility for treatment or disposal of any of the
compounds identified in subsection (2) of this section unless the applicant provides
written documentation from the host county certifying that:
(a) All infrastructure improvements identified in the final emergency response
plan required in subsection (3)(c) of this section as being reasonably necessary
to assure the ability of the community to effectively respond to releases from
the facility in order to protect public health and the environment under the
emergency response plan, have been or will be completed by the applicant
prior to operation of the facility; and
(b) The applicant has provided to the host county sufficient funding for
reasonable direct and indirect costs of the creation and maintenance of the
position of host community liaison. The host community liaison will be
determined by the host county and will act as the single point of contact for
community relations, emergency planning, and community oversight of the
construction, operation, closure, and emergency response of the facility.
Effective: June 24, 2003
History: Amended 2003 Ky. Acts ch. 149, sec. 1, effective June 24, 2003. -- Amended
2000 Ky. Acts ch. 482, sec. 1, effective July 14, 2000. -- Amended 1992 Ky. Acts
ch. 174, sec. 1, effective July 14, 1992. -- Created 1988 Ky. Acts ch. 86, sec. 1,
effective July 15, 1988.
Formerly codified as KRS 224.865.
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