401 KAR 45:010. Definitions for 401 KAR Chapter 45.

 

      RELATES TO: KRS 224.01-010, 224.50-760

      STATUTORY AUTHORITY: KRS 224.10-100(30), 224.40-305, 224.50-760(1)(d)

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 224.10-100(30) authorizes the cabinet to promulgate administrative regulations not inconsistent with the provisions of law administered by the cabinet. KRS 224.40-305 requires persons who establish, construct, operate, maintain or permit the use of a waste site or facility to obtain a permit, pursuant to administrative regulations adopted by the cabinet. KRS 224.50-760(1)(d) authorizes the cabinet to promulgate administrative regulations for the management of special wastes. This administrative regulation establishes definitions for 401 KAR Chapter 45, concerning the management of special wastes and the training and certification of operators of special waste sites or facilities.

 

      Section 1. Definitions. (1) "Beneficial reuse" means the use or reuse of special wastes, other than solids, residues and precipitate separated from or created in sewage from humans, households, or commercial establishments by the processes of a wastewater treatment plant which are subject to the provisions of 401 KAR 45:100, in a manner that complies with the environmental performance standards of 401 KAR 30:031 and all other applicable requirements of 401 KAR Chapter 45.

      (2) "Certified operator" means a special waste site or facility operator who holds a valid certificate upon the successful completion of an approved training course and examination. The categories of certified operator shall be: composting operator, interim operator, landfarming operator, and landfill operator.

      (3) "Closure" is defined by KRS 224.01-010(4).

      (4) "Coal combustion by-products" means special waste including fly ash, bottom ash, and scrubber sludge residues produced by coal-fired electrical generating units. This waste does not include residues of refuse derived fuels such as municipal waste, tires, and solvents.

      (5) "Composting" means the process by which biological decomposition of organic special waste is carried out under controlled aerobic conditions, and which stabilizes the organic fraction into a material that can easily and safely be stored, handled, and used in an environmentally acceptable manner. Composting may include a process that creates an anaerobic zone within the composting material. Composting does not include simple exposure of special waste under uncontrolled conditions resulting in natural decay.

      (6) "Composting operator" means a certified operator who is the individual responsible for ensuring compliance with all permit conditions at a composting facility and who is reasonably available to the facility during operations.

      (7) "Construction permit" means a formal permit issued by the cabinet to an owner or operator of a special waste site or facility that authorizes the owner or operator to commence site preparation prior to the disposal or management of special waste.

      (8) "Construction/operation permit" means a formal permit issued by the cabinet to an owner or operator of a special waste site or facility that authorizes the owner or operator to accept special waste for disposal or management. This permit is issued only after the construction of the site or facility has been certified as complete by the cabinet and the necessary financial assurance has been executed.

      (9) "Formal permit" means a permit for special waste landfills, landfarming operations, and composting operations issued by the cabinet after review of the designated application form and completion by the applicant of the requirements of this chapter.

      (10) "Horizontal expansion" means any increase in the capacity of a special waste landfill that expands the waste boundary of the landfill beyond the original waste boundaries contained in the approved permit application.

      (11) "Interim operator" means a person who assumes the position of a special waste site or facility operator in the absence of a designated certified operator. An interim operator may be a person who has not completed training that is required for a certified operator.

      (12) "Landfarming facility" means a special waste site or facility for land application of sludges or other special waste by any method for purposes of disposal. It can be on any piece or pieces of land, subject to approval, and may improve the physical and chemical qualities of the land for agricultural purposes, but does not alter the topography of the application area as revealed by contours and will not disturb the soil below three (3) feet from the surface.

      (13) "Landfarming operator" means a certified operator who is the individual responsible for ensuring compliance with all permit conditions at a landfarming site or facility and who is reasonably available to the site or facility during operations.

      (14) "Landfill operator" means a certified operator who is the individual with primary responsibility for management and operation of a special waste landfill to assure compliance with all permit conditions and is reasonably available to the site or facility during operations.

      (15) "Postclosure" means the routine care, maintenance, and monitoring of a special waste site or facility following closure of the facility.

      (16) "Special waste" is defined by KRS 224.50-760(1)(a).

      (17) "Special waste site or facility" means any land, real property, appurtenance, building, structure, or installation where special waste is managed, processed, beneficially reused, or disposed.

 

      Section 2. Acronyms and Abbreviations. The acronyms and abbreviations used in this chapter are listed in Table 1.

Table 1. Acronyms and Abbreviations

C.F.R.

Code of Federal Regulations

EPA

Environmental Protection Agency

FDIC

Federal Deposit Insurance Corporation

FSLIC

Federal Savings and Loan Insurance Corporation

KAR

Kentucky Administrative Regulations

KPDES

Kentucky Pollutant Discharge Elimination System

KRS

Kentucky Revised Statutes

NCUA

National Credit Union Administration

NPDES

National Pollutant Discharge Elimination System

PCB

Polychlorinated Biphenyls

POTW

Publicly Owned Treatment Works

U.S.C.

United States Code

USDA

United States Department of Agriculture

USGS

United States Geological Survey

      (18 Ky.R. 3076; Am. 3432; 19 Ky.R. 22; eff. 6-24-92; 32 Ky.R. 1472; 1885; eff. 5-5-2006.)