2011 Kentucky Revised Statutes Subchapter 50 Other Specific Types of Waste 224.50.760 Special wastes -- Exemptions from KRS 224.46-510 and 224.46-520 -- Permit -- Notice -- Hearing.
KY Rev Stat § 224.50.760 (1996 through Reg Sess) What's This?
224.50-760 Special wastes -- Exemptions from KRS 224.46-510 and 224.46-520 -Permit -- Notice -- Hearing.
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For purposes of this section and KRS 224.46-580(7), special wastes are those
wastes of high volume and low hazard which include but are not limited to
mining wastes, utility wastes (fly ash, bottom ash, scrubber sludge), wastes
from coal gasification facilities (vitrified coarse solid residues, prilled or
blocked sulfur) approved by the cabinet based on submittal of appropriate
testing demonstrating that the wastes are of low hazard, sludge from water
treatment facilities and wastewater treatment facilities, cement kiln dust, gas
and oil drilling muds, and oil production brines. Other wastes may be
designated special wastes by the cabinet;
Disposal sites or facilities for special wastes shall be exempt from the
provisions of KRS 224.46-520 and the provisions of KRS 224.43-810,
224.43-815, and KRS 224.46-820 to 224.46-870 but may be regulated by the
cabinet consistent with the Resource Conservation and Recovery Act of 1976,
as amended (Pub. L. 94-580), and regulations issued pursuant thereto, unless
the special waste received is listed or meets the criteria of a hazardous waste
in regulations pursuant to KRS 224.46-510(3). If the special waste is a
hazardous waste as specified in regulations pursuant to KRS 224.46-510(3),
the site or facility shall be required by the cabinet to comply with the
provisions of KRS 224.46-520 but shall not be subject to the requirements of
KRS 224.40-310(6);
Generators of special wastes shall register with the cabinet and be subject to
the provisions of KRS 224.46-510, except for generators of coal mining
wastes which shall be regulated pursuant to the provisions of KRS Chapter
350;
The cabinet shall, when promulgating regulations affecting special waste,
recognize special waste as a separate and distinct indivisible category and
shall recognize the distinct differences between the category of special wastes
and other hazardous wastes and solid wastes as defined in KRS 224.01010(31)(a) and 109.012(9) due to the fact that special wastes have large
volume but low hazardousness. The cabinet's regulations for the generation,
transport, recordkeeping, reporting, treatment, storage, and disposal shall
reflect those distinct differences. The cabinet's regulations shall recognize and
incorporate, where appropriate, and if consistent with the policies of KRS
224.46-510 to 224.46-570, any deadline extensions, studies, and specialized
requirements for specific kinds of special wastes that are or may be
undertaken at the federal or other levels of government; and
It is the intent of the General Assembly that the processing of sludge from
water treatment facilities and wastewater treatment facilities by composting
shall be considered an industrial process. The cabinet shall, when
promulgating administrative regulations affecting sludge from water treatment
facilities and wastewater treatment facilities, consider the treatment of this
sludge by composting as an industrial process. The provisions of this
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paragraph and subsection (3) of this section shall not apply to a city, county,
urban-county government, charter county government, or special district as
defined in KRS Chapter 65, or to a public or private college or university that
processes its own water treatment or wastewater treatment sludge by
composting on property owned or leased by the city, county, urban-county
government, charter county government, special district, or public or private
college or university.
Generators of waste oil shall be exempt from the provisions of KRS 224.46-510 and
224.46-520 so long as waste oil is not specified as a hazardous waste in regulations
pursuant to KRS 224.46-510(3) but may be regulated by the cabinet consistent with
the Resource Conservation and Recovery Act of 1976, as amended (Pub. L. 94580), and regulations issued pursuant thereto.
A permit application to establish, operate, or modify a composting site or
composting facility for the processing of water treatment sludge or wastewater
treatment sludge, shall require immediately the general public notice provided for in
KRS 224.40-310(4) and (5). If a hearing is requested, no permit to establish,
operate, or modify a composting site or facility shall be issued prior to the public
hearing. The hearing shall be held within the county where the composting site or
facility is located or proposed. Composting of this sludge shall be considered an
industrial process.
Effective: July 15, 2008
History: Amended 2008 Ky. Acts ch. 57, sec. 1, effective July 15, 2008. -- Amended
2000 Ky. Acts ch. 499, sec. 1, effective July 14, 2000. -- Amended 1998 Ky. Acts
ch. 570, sec. 3, effective July 15, 1998. -- Amended 1991 (1st Extra. Sess.) Ky. Acts
ch. 12, sec. 40, effective February 26, 1991. -- Amended 1990 Ky. Acts ch. 283,
sec. 1, effective July 13, 1990. -- Amended 1988 Ky. Acts ch. 44, sec. 4, effective
July 15, 1988. -- Amended 1986 Ky. Acts ch. 298, sec. 4, effective July 15, 1986. -Amended 1984 Ky. Acts ch. 111, sec. 191, effective July 13, 1984. -- Amended 1982
Ky. Acts ch. 74, sec. 26, effective July 15, 1982; and ch. 279, sec. 14, effective July
15, 1982. -- Created 1980 Ky. Acts ch. 263, sec. 3, effective July 15, 1980; and
ch. 264, sec. 8, effective July 15, 1980.
Formerly codified as KRS 224.868.
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