401 KAR 31:050. General provisions for special wastes.


      RELATES TO: KRS Subchapters 224.46, 224.50

      STATUTORY AUTHORITY: KRS 224.10-100, 224.46-510

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 224.46-510(3) requires the Cabinet to identify the characteristics of and to list hazardous wastes. This administrative regulation identifies certain special waste as being hazardous wastes subject to the requirements of KRS 224.46-520.


      Section 1. Special Waste Identified as a Hazardous Waste. A special waste shall be a hazardous waste if:

      (1) It meets the definition of a hazardous waste established in 401 KAR 31:010, Section 3; and

      (2)(a) It exhibits any of the characteristics of a hazardous waste established in 401 KAR 31:030; or

      (b) It is listed as a hazardous waste in 401 KAR 31:040.


      Section 2. Applicability. Any special waste which is identified as a hazardous waste as specified in Section 1 of this administrative regulation shall be:

      (1) Regulated under the waste management administrative regulations pertaining to hazardous wastes; and

      (2) Exempt from the assessment of the Kentucky hazardous waste management fund as provided by KRS 224.46-580(7). (Recodified from 401 KAR 2:075, Section 3-1-83, 9 Ky.R. 993; eff. 3-1-83; Am. 23 Ky.R. 528; eff. 3-12-97; 33 Ky.R. 1961, 3699; eff. 6-13-2007.)