ENERGY AND ENVIRONMENT CABINET
Department for Environmental Protection
Division of Waste Management
401 KAR 48:005. Definitions related to 401 KAR Chapter 48.
RELATES TO: KRS 224.1[
224.01], 224.10, 224.40,
224.43, 224.50, 224.99, 40 C.F.R. Part 258
STATUTORY AUTHORITY: KRS 224.10-100, 224.40-110, 224.40-305, 224.43-340, 224.50-824, 224.50-832
NECESSITY, FUNCTION, AND CONFORMITY: KRS 224.10-100 and the waste management provisions of KRS Chapter 224 require the cabinet to promulgate administrative regulations for the management of solid, special, and hazardous wastes. This chapter establishes technical requirements applicable to the management of solid waste. This administrative regulation defines terms used in the administrative regulations of this chapter.
Section 1. Definitions. Unless otherwise specifically defined in KRS Chapter 224 or otherwise specifically indicated by context, terms in 401 KAR Chapter 48 shall have the meanings given in this section. (1) "100-year floodplain" means any land area which is subject to a one (1) percent or greater chance of flooding in any given year from any source.
"100-year flood" means a flood that has a
one (1) percent chance of being equaled or exceeded in any given year. (3)] "Above ground[ Aboveground]
tank" means a device meeting the definition of "tank" and that
is situated in the[ such a] way that the entire surface area of
the tank is completely above the plane of the adjacent surrounding surface and
the entire surface area of the tank (including the tank bottom) is able to be
(4) "Active fault" means a land area
which, according to the weight of geological evidence, has a reasonable
probability of being affected by movement along a fault to the extent that a
waste site or facility would be damaged and thereby pose a threat to human
health and the environment. (5)] "Active life" of a facility means the period from the
initial receipt of waste at a waste site or facility until the cabinet receives
certification of final closure.
(4) "Acute hazardous waste" is defined by 401 KAR 39:005.
(6) "Active portion" means any area
of a facility where treatment, storage, or disposal operations are being or
have been conducted and which have not been closed. It includes the treated
area of a landfarm and the active face of a landfill. Covered, closed, or
inactive portions of landfills, building roofs, and roads are excluded unless
designated as "active portions" by the cabinet. (7) "Administrative application" means the
standard forms and format used for applying for a solid waste site or facility
permit as specified in 401 KAR 47:160 and 401 KAR 47:180. (8) "Admixed liner" means a liner made from a
mixture of any of a multitude of materials, often asphalt or cement, with widely
varying physical and chemical properties. Admixed liners shall be demonstrated
to be structurally sound and chemically resistant to the waste placed in it so
as to be capable of supporting the waste without cracking or disintegrating or
allowing waste or leachate to escape. (9) "Agricultural waste" means any nonhazardous
waste resulting from the production and processing of on-the-farm agricultural
products, including manures, prunings and crop residues. (10)] "Airport" means public-use airport
open to the public without prior permission and without restrictions within the
physical capacities of available facilities.
(11)] "Application" means the
form approved by the cabinet for applying for a permit, including any
additions, revisions or modifications and any narrative and drawings required
by 401 KAR Chapters 47 or 48.
(12)] "Aquifer" means a geologic
formation, group of formations, or part of a formation capable of yielding a
significant amount of groundwater to wells or springs.
(13) "Attenuation" means any
decrease in the maximum concentration or total quantity of an applied chemical
or biological constituent in a fixed time or distance traveled resulting from a
physical, chemical, or biological reaction or transformation occurring in the
zone of aeration or zone of saturation. (14)] "Authorized representative" means the
person responsible for the overall operation of a facility or an operational
unit or part of a facility, including[ such as] the plant manager,
superintendent, or person of equivalent responsibility.
(15) "Base flood" means a flood that
has a one (1) percent or greater chance of recurring in any year, or a flood of
a magnitude equaled or exceeded once in 100 years on the average over a
significantly long period. (16) "Battery" means a device consisting of one
or more electrically connected electrochemical cells which is designed to
receive, store, and deliver electric energy. An electrochemical cell is a
system consisting of an anode, cathode, and an electrolyte, plus such
connections (electrical and mechanical) as may be needed to allow the cell to
deliver or receive electrical energy. The term battery also includes an intact,
unbroken battery from which the electrolyte has been removed. (17)] "Bird hazard" means an increase in
the likelihood of bird or aircraft collisions that may cause damage to the
aircraft or injury to its occupants.
(18)] "Cabinet" is defined
by KRS 224.1-010(8)[ shall have the meaning specified in KRS 224.01-010].
(19)] "Cation exchange
capacity" means the sum of exchangeable cations a soil can absorb
expressed in milliequivalents per 100 grams of soil as determined by sampling
the soil to the depth of cultivation or solid waste placement, whichever is
greater, and analyzing by the summation method for distinctly acid soils or the
sodium acetate method for neutral, calcareous, or saline soils.
(20)] "Cell" means a portion of
any landfill which is isolated, usually by means of an approved barrier.
(21)] "Certification" means a
statement of professional opinion based upon knowledge and belief.
(22) "Closed portion" means that
portion of a facility which an owner or operator has closed in accordance with
the approved facility closure plan and all applicable closure requirements. (23) "Closed unit" means any solid waste unit
that no longer receives waste as of May 8, 1990 and has received all required
final layers of cover material. (24)] "Closure" is defined by KRS
(15)"Closure care" means the routine care, maintenance, monitoring, and any required corrective action of a solid waste disposal site or facility following certification of closure until the applicable requirements are met.
(25) "Closure" shall have the
meaning specified in KRS 224.01-010.
26) "Coal mining solid waste" means solid
waste, as defined by KRS 224.01-010, that is generated at, and is incidental
to, a coal exploration operation or surface mining and reclamation operation
regulated under KRS Chapter 350, and shall not include wastes generated by
households, communities, cities, counties, or any person or business other than
those regulated under KRS Chapter 350. (27) "Coal mining waste" means earth materials
which are combustible, physically unstable, or acid-forming or toxic-forming,
that are generated during and incidental to the mining and extraction of coal
and to the washing and crushing of coal. The term does not include used oil,
paints or flammable liquids. The term includes the following: (a) Refuse which is that waste material in the raw coal
which it is the object of cleaning to remove; (b) Overburden which includes all of the earth and other
geologic materials, excluding topsoil, which lie above a natural deposit of
coal and also means such earth and other material after removal from their
natural state in the process of mining; and (c) Coal mining by-products which include any material
that is not one (1) of the primary products of a particular coal mining
operation, is a secondary and incidental product of the particular operation
and would not be solely and separately mined by the particular operation. The
term does not include an intermediate mining product which results from one (1)
of the steps in a mining process and is processed through the next step of the
process within a short time. An example of a coal mining by-product is that
part of the ore deposit that is too low in grade to be of economic value at the
time, but which is stored separately in the hope that it can be profitably
treated later. (28) "Collection box" shall have the meaning
specified in KRS 224.01-010. (29) "Commercial solid waste" shall have the
meaning specified in KRS 224.01-010. (30) "Component" means either the tank or
ancillary equipment of a tank system. (31) "Compost" shall have the meaning specified
in KRS 224.01-010. (32) "Composting" shall have the meaning
specified in KRS 224.01-010. (33)] "Conditionally exempt small quantity
generator" means "very small quantity generator" as defined
by 40 C.F.R. 260.10.
: (a) A generator who generates no more than 100 kilograms
of hazardous waste in a calendar month; and (b) A generator who generates acutely hazardous waste
listed in Sections 2, 3, and 4(5) of 401 KAR 31:040 in a calendar month in
quantities greater than one (1) kilogram. All quantities of that acutely
hazardous waste are subject to administrative regulation under 401 KAR Chapters
32 through 39, and the notification and permitting requirements of KRS
224.01-400, 224.40-310, 224.46-510, 224.46-580, and 224.50-130 to 224.50-413. (34) "Confined aquifer" means an aquifer
bounded above and below by impermeable beds or by beds of distinctly lower
permeability than that of the aquifer itself; an aquifer containing confined
groundwater. (35)] "Construction/demolition debris landfill"
means a solid waste site or facility for the disposal of
construction/demolition waste. The technical requirements for
construction/demolition debris landfills are found in 401 KAR 47:080, 401 KAR
48:050, and 401 KAR 48:060.
waste" means waste resulting from the construction, remodeling, repair,
and demolition of structures and roads, and for the disposal of uncontaminated
solid waste consisting of vegetation resulting from land clearing and grubbing,
utility line maintenance, and seasonal and storm related cleanup.
(37) "Construction materials" means
nonhazardous nonsoluble material, including but not limited to steel, concrete,
brick, asphalt roofing material, or lumber from a construction or demolition project.
Mixture of construction and demolition debris with any amount of other types of
waste may cause it to be classified as other than construction materials. (38)] "Contained landfill" means a solid
waste site or facility that accepts solid waste for disposal that is
located, designated, constructed, operated, maintained, and closed in
accordance with[ . The technical requirements for contained landfills are
found in] 401 KAR 47:080, 401 KAR 48:050, and 401 KAR 48:070 to 401 KAR
(39)] "Contaminate" means
introduce a substance that would cause:
(a) The concentration of that substance in the groundwater
to exceed the maximum contaminant level established[
401 KAR 30:031,[ Sections 5 and 6 of] 401 KAR 47:030, Sections 5 and
6, or[ Section 8 of ]401 KAR 39:090, Section 8[ 34:060];
(b) An increase in the concentration of that substance in
the groundwater if[
where] the existing concentration of that
substance exceeds the maximum contaminant level specified in 401 KAR 30:031,
401 KAR 47:030, or[ Section 8 of] 401 KAR 39:090, Section 8[ 34:060];
(c) A significant increase above established background levels, for substances that do not have an established maximum contamination level.
(40)] "Contamination" means the
degradation of naturally occurring water, air, or soil quality either directly
or indirectly as a result of human activities.
(41)] "Contingency plan" means
a document setting out an organized, planned, and coordinated course of action
to be followed in the event of a fire, explosion, or release of waste or waste
constituents into the environment that[ which] has the potential
for endangering human health and the environment. Financial planning to
identify resources for initiation of the[ such] action is a part of contingency
(42) "Convenience center" shall
have the meaning specified in KRS 224.01-010. (43)] "Cover material" means soil or other
suitable material that is spread and compacted on the top and side slopes of
disposed waste in order to control disease vectors, gases, erosion, fires, and
infiltration of precipitation or run-on; support vegetation; provide
trafficability; or assure an aesthetic appearance.
(44)] "Demonstration" is
defined by KRS 224.1-010(7)[ shall have the meaning specified in KRS 224.01-010].
(45) "Destruction or adverse
modification" means an alteration of critical habitat which appreciably
diminishes the likelihood of the survival and recovery of threatened or
endangered species using that habitat. (46) "Dike" means an embankment or ridge of
either natural or manmade materials used to prevent the movement of liquids,
sludges, solids, or other materials. (47)] "Disease vector" means all insects,
birds, or gnawing animals, including[ such as] rats,
mice, or ground squirrels, which are capable of transmitting pathogens.
(48)] "Disposal facility" means
a facility or part of a facility at which solid waste is intentionally placed
into or on any land or water and at which waste will remain after closure.
(49)"Disposal" shall have the
meaning specified in KRS 224.01-010. (50) "Domestic sewage" means untreated sanitary
wastes that pass through a sewer system. (51) "Draft permit" shall have the same meaning
as "proposed permit". (52) "Effluent limitations" shall have the same
meaning as KRS 224.01-010. (53) "Emergency permit" means a permit issued
by the cabinet to temporarily store, treat or dispose of hazardous waste in
accordance with the provisions of Section 2 of 401 KAR 38:060, to temporarily manage,
process, or dispose of a solid waste in accordance with the provisions of
Section 2 of 401 KAR 47:150 or to temporarily store, treat, or dispose of
special waste in accordance with the provisions of Section 1 of 401 KAR 45:135. (54) "Endangered or threatened species" means
any species listed as such pursuant to Section 4 of the Endangered Species Act,
as amended, 16 U.S.C. 1536. (55)] "Engineer" shall have the meaning
specified in KRS 322.010.
An independent, professional engineer shall
be registered in Kentucky pursuant to KRS 322.040 and shall be qualified to
engage in waste management engineering practices. (56)] "Ephemeral stream" means a stream that[ which]
flows only in direct response to precipitation in the immediate watershed or in
response to the melting of a cover of snow and ice and that[ which]
has a channel bottom that is always above the local water table.
(57) "Equivalent method" means any
testing or analytical method, approved jointly by the administrator and the
secretary under 401 KAR Chapter 31, or methods in 401 KAR Chapters 47 and 48,
approved by the secretary of the cabinet. (58) "Existing unit" means any solid waste
disposal unit that was receiving solid waste as of May 8, 1990 and has not
received the final layers of cover material. (59)] "Explosive gas" means methane (CH4).
(60) "Facility structures" means
any buildings and sheds or utility or drainage lines on the solid waste site or
facility. (61)] "Facility" means all contiguous land,
and structures, other appurtenances, and improvements on the land, used for
treating, storing, or disposing of waste. A facility consists[ may
consist] of several treatment, storage, or disposal operational units, including[ such
as] one (1) or more landfills, surface impoundments, or combination of
(31) "Facility structures" means any buildings, and sheds, or utility or drainage lines on the solid waste site or facility.
(62) "Federal agency" means any
department, agency, or other instrumentality of the federal government, any
independent agency or establishment of the federal government including any
government corporation, and the United States Government Printing Office. (63)] "Final closure" of a solid waste site
or facility means the approved closure of a solid waste site or facility in
accordance with 401 KAR 30:031, 401 KAR 47:030 and the applicable requirements
of 401 KAR 48:060, 401 KAR 48:090, 401 KAR 48:170, or 401 KAR 48:200.
(64)] "Flood plain" means areas
adjoining inland waters that[ which] are inundated by the base
flood, unless otherwise established[ specified] in 401 KAR 30:031
or 401 KAR 47:030, and includes[ :] 100-year floodplain and floodway.
(65) "Floodway" means the channel
of the waterway, stream or river and that portion of the adjoining floodplain
which provides for passage of the 100-year flood flow without increasing the
floodwater depth across the 100-year floodplain by more than one (1) foot. (66)] "Food chain crops" means tobacco,
crops grown for human consumption, and crops grown for feed for animals whose
products are consumed by humans.
(67)] "Free liquids" means
liquids that[ which] readily separate from the solid portion of a
waste under ambient temperature and pressure.
(68)] "Freeboard" means the
vertical distance between the top of a tank or surface impoundment dike and the
surface of the waste contained therein.
(69)] "Groundwater table" means
the upper boundary of the saturated zone in which the hydrostatic pressure of
the groundwater is equal to the atmospheric pressure.
(70)] "Groundwater" means the
subsurface water occurring in the zone of saturation beneath the water table,
and perched water zones below the B-soil horizon, including water circulating
through fractures, bedding planes, and solution conduits.
(39) "Hazardous waste" is defined by 401 KAR 39:005.
(71)] "Holocene" means the most
recent epoch of the quaternary period, extending from the end of the Pleistocene
to the present.
(72) "Household solid waste" shall
have the meaning specified in KRS 224.01-010. (73) "Hydric soils" means soils that, in their
undrained condition, are saturated, flooded, or ponded long enough during a
growing season to develop an anaerobic condition that supports the growth and
regeneration of hydrophytic vegetation. (74) "Hydrophytic vegetation" means a plant
growing either in water, or in a substrate that is at least periodically
deficient of oxygen during a growing season as a result of excessive water
content. (75) "Incinerator" means any enclosed device
using controlled flame combustion for burning solid waste. (76)]"Industrial solid waste" is defined
by KRS 224.1-010(30)(a)(3) shall have the meaning specified in KRS 224.01-010].
(77) "Inert landfill" means a
facility for the proper disposal of inert, nonsoluble and nonputrescible solid
waste, including construction materials, certain industrial or special wastes,
and other waste material with specific approval from the cabinet. Certain
putrescible wood product wastes (such as cardboard, paper, sawdust, wood chips,
and tree trimmings) may be considered by the cabinet for disposal at inert
landfills. (78) "Infectious waste" means those wastes
which may cause disease or reasonably be suspected of harboring pathogenic
organisms; included are wastes resulting from the operation of medical clinics,
hospitals, and other facilities producing wastes which may consist of, but are
not limited to, diseased human and animal parts, contaminated bandages,
pathological specimens, hypodermic needles, contaminated clothing, and surgical
gloves. (79)] "In-ground[ Inground]
tank" means a device meeting the definition of "tank" in this
section and if[ that whereby] a portion of the tank is situated to
any degree within the ground, thereby preventing visual inspection of that
external surface area of the tank that is in the ground.
(80)] "Intermittent stream"
means a stream or reach of stream that drains a watershed of one (1) square
mile or more but does not flow continuously during the calendar year.
(81)] "Karst terrain" means a
type of topography if[ where] limestone, dolomite or gypsum is
present and is characterized by naturally occurring closed topographic
depressions or sinkholes, caves, disrupted surface drainage, and well developed
underground solution channels formed by dissolution of these rocks by water
(82) "Key personnel" shall have the
meaning specified in KRS 224.01-010. (83)] "Landfarming facility" means a facility for land
application of sludges or other solid waste by any method for purposes of
disposal. It can be on any piece or pieces of land and can[ 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
(84)] "Landfill" means a solid
waste site or facility for the disposal of specific wastes that is located,
designated, constructed, operated, maintained, and closed in conformance with
401 KAR Chapters[ Chapter] 47 and 48, and 401 KAR 30:031[ , and
receives a case-by-case design review by the cabinet].
(85)] "Lateral expansion" means
a horizontal expansion of the waste boundaries of an existing solid waste
(86)] "Leachate" means any
liquid, including any suspended components in the liquid, that has
percolated through or drained from waste.
(87)] "Liner" means a
continuous layer of natural or manmade material, beneath or on the sides of a
waste site or facility, that might include[ including but not limited
to] a waste pile, surface impoundment, landfill, or landfill cell, or
beneath or on the sides of a waste site or facility that[ which]
restricts the movement of the wastes, waste constituents, or leachate.
(88)] "Lower explosive limit"
means the lowest percent by volume of a mixture of explosive gases that[ which]
will propagate a flame in air at twenty-five (25) degrees Celsius and
(51)"Monitoring" means the act of systematically inspecting and collecting data on operational parameters or on the quality of the air, soil, groundwater, or surface water.
(89) "Major modification" means for
solid waste sites and facilities, a change meeting the criteria in Section 3 of
401 KAR 47:130. (90) "Management facility" means a facility or
part of a facility at which solid waste is held for a temporary period, at the
end of which solid waste is processed, disposed or managed elsewhere. (91) "Materials recovery facility" shall have
the meaning specified in KRS 224.01-010. (92) "Mining overburden returned to the mine
site" means any material overlying an economic mineral deposit which is
removed to gain access to that deposit and is then used for reclamation of a
surface mine. (93) "Miscellaneous unit" means a solid waste
management unit where waste is disposed and that is not a container, tank,
surface impoundment, pile, landfarming unit, landfill, incinerator, underground
injection well with appropriate technical standards under 40 C.F.R. Part 146,
or unit eligible for a research, development, and demonstration permit under
section 3 of 401 KAR 47:150. (94)] "Monitoring well" means a well used
to obtain water samples for water quality and quantity analysis and groundwater
(53) "Nonputrescible" means not susceptible to rapid decomposition by bacteria, fungi, or oxidation sufficient to cause nuisances including odors, gases, or other offensive conditions.
(95) "Monitoring" means the act of
systematically inspecting and collecting data on operational parameters or on
the quality of the air, soil, groundwater, or surface water. (96) "Municipal solid waste disposal facility"
shall have the meaning specified in KRS 224.01-010. (97) "Municipal solid waste reduction" shall
have the meaning specified in KRS 224.01-010. (98) "Municipal solid waste" shall have the
meaning specified in KRS 224.01-010. (99) "Newsprint" shall have the meaning
specified in KRS 224.01-010. (100)] "Notice of intent" means the
standard forms for applying for a solid waste site or facility permit as
required by 401 KAR 47:160, 401 KAR 47:170, and 401 KAR 48:200.
(101)] "Off-site" means
properties noncontiguous to the site.
(102)] "On-site" means on the
same or geographically contiguous property that can[ which may] be
divided by public or private right-of-way, provided the entrance and exit
between the properties is at a crossroads intersection, and access is by
crossing, as opposed to going along the right-of-way. Noncontiguous properties
owned by the same person but connected by a right-of-way that the person[ which
he] controls and to which the public does not have access is also
considered on-site property.
(103)] "Open burning" means the
combustion of any material or solid waste without:
(a) Control of combustion air to maintain adequate temperature for efficient combustion;
(b) Containment of the combustion reaction in an enclosed device to provide sufficient residence time and mixing for complete combustion; and
(c) Control of emission of the gaseous combustion products.
(104)] "Open dump" is defined by
KRS 224.1-010(37) shall have the meaning specified in KRS 224.01-010.
(105) "Onground tank" means a
device meeting the definition of "tank" in this section and that is
situated in such a way that the bottom of the tank is on the same level as the
adjacent surrounding surface so that the external bottom of the tank cannot be
visually inspected. (106)] "Operational plan" means the
approved plan of operations filed with the cabinet that[ which]
describes the method of operation that the permittee will use in the treatment,
storage, or disposal of wastes.
(107)] "Operator" means any
person responsible for overall operation of an on-site or off-site waste facility,
including any private contractor conducting operational activities at a federal
(108)] "Owner" means any person
who owns an on-site or off-site waste facility, or any part of a facility.
(109)] "Perennial stream" means
a stream or that part of a stream that flows continuously during all of the
calendar year as a result of groundwater discharge or surface run-off. The term
does not include "intermittent stream" or "ephemeral
(110) "Periodic application of cover
material" means the application and compaction of soil or other suitable
material over disposed waste at a solid waste site or facility at the end of
each operating day or at such frequencies and in such a manner as to reduce the
risks of fire and to impede disease vector's access to the waste. (111) "Permit by rule" means authorization
allowing certain classes of sites or facilities to manage waste consistent with
401 KAR Chapters 30 to 49, without submission of a registration or permit
application to the cabinet. Examples of solid waste sites or facilities which
are permitted by rule include facilities identified in 401 KAR 47:150. (112)] "Permit" means the authorization or
other control document issued by the cabinet to implement the requirements of
the waste management administrative regulations. The term permit includes
permit-by-rule, registered permit-by-rule, research, development, and
demonstration permit, and emergency permit. The[ However, the]
term permit does not include draft permit or proposed permit.
(113)] "Permittee" means any
person holding a valid permit issued by the cabinet to manage, treat, store, or
dispose of waste.
(114)] "Person" is defined
by KRS 224.1-010(16)[ shall have the meaning specified in KRS 224.01-010].
(115)] "Personnel" or
"facility personnel" means all persons who work at or oversee the
operations of a waste facility, and whose actions or failure to act can[ may]
result in noncompliance with the requirements of the waste management
(116) "Pile" or "waste
pile" means any noncontainerized accumulation of nonflowing solid waste
that is used for processing or management. (117)] "Point of compliance" means for
solid waste site and facilities, groundwater monitoring wells located within
250 feet of the waste boundary as approved by the cabinet pursuant to KRS
(118)] "Point source" means any
discernible, confined, and discrete conveyance that might include[ including
but not limited to] any pipe, ditch, channel, tunnel, conduit, well,
discrete fissure, container, rolling stock, concentrated animal feeding
operation, vessel, or other floating craft from which pollutants are or can[ may]
be discharged. This term does not include return flows from irrigated
(119)] "Pollutant" is
defined by KRS 224.1-010(34)[ shall have the same meaning as KRS 224.01-010].
biphenyls" or "PCB" means halogenated organic compounds defined
in accordance with 40 C.F.R. 761.3[ C.F.R. 761.2 as of July 1989].
(121)] "Postclosure" shall have
the same meaning as "closure care."
(122) "Postclosure care" means the
manner in which a facility shall be maintained when it no longer accepts waste
for disposal. (123) "Postclosure monitoring and maintenance"
shall have the meaning specified in KRS 224.01-010. (124) "Postconsumer waste paper" shall have the
meaning specified in KRS 224.01-010. (125) "Processing facility" means a facility or
part of a facility using any method, technique or procedure, including
neutralization, designed to change the physical, chemical, or biological
character or composition of any solid waste so as to neutralize such waste, or
so as to recover energy or material resources from the waste, or so as to
render such waste less hazardous; safer to transport, store, or dispose of; or
amenable for recovery, amenable for handling or reduced in volume. (126) "Proposed permit" means a document
prepared by the cabinet indicating the cabinet's tentative decision to issue or
deny, modify, revoke or terminate a permit. (127)] "Publicly owned treatment works" or
"POTW" is defined by KRS 224.1-010(18)[ shall have the
meaning specified in KRS 224.01-010].
(128) "Publisher" shall have the
meaning specified in KRS 224.01-010. (129) "Putrescible" means susceptible to rapid
decomposition by bacteria, fungi, or oxidation sufficient to cause nuisances
such as odors, gases, or other offensive conditions. (130) "Qualified groundwater scientist" means a
geologist registered in Kentucky who has received a baccalaureate or
postgraduate degree in the natural sciences or engineering, and has sufficient
training and experience in groundwater hydrology and related fields to enable
that individual to make sound professional judgments regarding groundwater
monitoring and contaminant fate and transport. (131) "Recharge zone" means an area supplying
the water which enters an underground drinking water source. (132) "Recovered material processing facility"
shall have the meaning specified in KRS 224.01-010. (133)] "Recovered material" is defined
by KRS 224.1-010(18)[ shall have the meaning specified in KRS 224.01-010].
(134) "Recycled content" shall have
the meaning specified in KRS 224.01-010. (135) "Recycling center" means a facility or a
part of a facility at which solid waste is received and managed in a manner
amenable for the recovery of material or energy. This term does not include
recycling facilities. (136) "Recycling facility" means a facility or
a part of a facility at which solid waste is processed to reclaim material or
energy from the solid waste. (137) "Recycling" shall have the meaning
specified in KRS 224.01-010. (138) "Refuse-derived fuel" shall have the
meaning specified in KRS 224.01-010. (139) "Registered permit by rule" means that
certain classes of solid waste sites or facilities as specified in 401 KAR
47:080 have a permit as provided in 401 KAR 47:110 or 401 KAR 48:200. (140)] "Representative samples[ sample]"
means a sample of a universe or whole, including a[ (for example,]
waste pile, lagoon, or groundwater,[ )] which can be expected to
exhibit the average properties of the universe or whole.
(141) "Research, development, and
demonstration permit" means a solid waste treatment or disposal facility
using innovative and experimental technology as specified in sections of 401
KAR 47:150. (142) "Residential landfill" means a facility
for the proper disposal of solid waste including residential waste, commercial
waste, institutional waste, and those sludges, industrial or special waste with
specific approval from the cabinet.] (143)] "Residual landfill" means a facility
for the disposal of specific solid waste or wastes[ waste(s)],
including special waste, which is located, designed, constructed, operated,
maintained, and closed in compliance[ conformance] with 401 KAR
30:031 and 401 KAR 47:030 and that[ which] receives a case-by-case
design review by the cabinet.
(144) "Resource recovery" means the
recovery of material or energy from waste. (145)] "Run-off" means any rainwater,
leachate, or other liquid that drains overland from any part of a facility.
(146)] "Run-on" means any
rainwater, leachate, or other liquid that drains overland onto any part of a
(147) "Salvaging" means the
controlled removal of waste materials for utilization in a manner approved by
the cabinet. (148) "Sanitary landfill" means a facility for
the disposal of solid waste that complies with 401 KAR 30:031 and 401 KAR
47:030. (149) "Saturated zone" shall have the same meaning
as "zone of saturation". (150)] "Scavenging" means the removal of
waste materials from a waste management site or facility in a manner deemed by
the cabinet to be dangerous to the health and safety of any person.
(151) "Schedule of compliance"
means a schedule of remedial measures included in a permit or cabinet order,
including an enforceable sequence of interim requirements (for example,
actions, operations, or milestone events) leading to compliance with KRS
Chapter 224 and 401 KAR Chapters 30 to 49. (152) "Secretary" shall have the meaning
specified in KRS 224.01-010. (153) "Sewage system" shall have the meaning
specified in KRS 224.01-010. (154)] "Site" means the land or water area
where any facility or activity is physically located or conducted, including
adjacent land used in connection with the waste facility or activity.
(155) "Sludge dryer" means any
enclosed thermal treatment device that is used to dehydrate sludge and that has
a maximum total thermal input, excluding the heating value of the sludge
itself, of 2,500 BTU per pound of sludge treated on a wet-weight basis. (156)] "Sludge" means any solid, semisolid,
or liquid waste generated from a municipal, commercial, or industrial
wastewater treatment plant, water supply treatment plant, or air pollution
control facility exclusive of the treated effluent from a wastewater treatment
plant or any other waste having similar characteristics and effects.
(157) "Small quantity generator"
means a generator who generates more than 100 kilograms but less than 1000
kilograms of hazardous waste in a calendar month. (158)] "Solid waste" is defined by KRS
224.1-010(30)(a)[ shall have the same meaning as KRS 224.01-010].
(159) "Solid waste management area"
or "area" shall have the meaning specified in KRS 224.01-010. (160) "Solid waste management facility" shall
have the meaning specified in KRS 224.01-010. (161)] "Solid waste management" is
defined by KRS 224.1-010(38)[ shall have the meaning specified in KRS
(162)] "Solid waste site or
facility" means any place at which solid waste is managed, processed,
or disposed by landfilling, incineration, landfarming, or any other
method. The term includes: construction/demolition debris landfill; collection
box; contained landfill; convenience center; disposal facility; incinerator;
injection well; landfarming facility; management facility; miscellaneous unit;
municipal solid waste disposal facility; pile or waste pile; processing
facility; recycling center; recycling facility; residual landfill; sanitary
landfill; surface impoundment; tank; transfer facility; unit or solid waste
unit; wastewater treatment unit; inert landfill; or residential landfill.
(163)]"Solid waste unit" means
a contiguous area of land on or in which solid waste is placed, or the largest
area in which there is significant likelihood of mixing waste constituents in
the same area. Examples of solid waste units include a surface impoundment, a
waste pile, a land processing area, a landfill cell, an incinerator, a tank and
its associated piping and underlying containment system, and a container
storage area. A container alone does not constitute a unit; the unit includes
containers and the land or pad upon which they are placed.
(164)] "State" means any of the
fifty (50) states, the District of Columbia, the Commonwealth of Puerto Rico,
the Virgin Islands, American Samoa, the Northern Mariana Islands, or
Guam but does not include any foreign country.
(165)] "Storage" is defined
by KRS 224.1-010(27)[ shall have the meaning specified in KRS 224.01-010].
(166) "Surface impoundment" means a
facility or part of a facility which is a natural topographic depression,
manmade excavation, or diked area formed primarily of earthen materials (although
it may be lined with manmade materials), which is designed to hold an
accumulation of liquid wastes or wastes containing free liquids, and which is
not an injection well. Examples of surface impoundments are holding, storage,
settling, and aeration pits, ponds, and lagoons. (167)] "Tank" means a stationary device
designed to contain an accumulation of leachate or solid waste that is
constructed primarily of nonearthen materials, including[ (for
example,] wood, concrete, steel, or plastic,[ )] which provide
(168)] "Tank system" means a
solid waste tank and its associated piping, ancillary equipment, and
(169) "Technical application" means
the standard format for applying for a solid waste site or facility permit as
specified in 401 KAR 47:160 and 401 KAR 47:190. (170) "Termination" shall have the meaning
specified in KRS 224.01-010. (171) "Transfer facility" shall have the
meaning specified in KRS 224.01-010. (172) "Transport vehicle" means a motor vehicle
or rail car used for the transportation of cargo by any mode. Each
cargo-carrying body is a separate transport vehicle.] "TENORM"
defined by KRS 211.862(13), except as established in KRS 211.863(5).
defined by KRS 224.1-010(28) [ shall have the meaning specified in
(174) "Trenching or burial
operation" means the placement of sewage sludge or septic tank pumpings in
a trench or other natural or manmade depression and the covering with soil or other
suitable material at the end of each operating day such that the waste does not
migrate to the surface. (175) "Underground drinking water source"
means: (a) An aquifer supplying drinking water for human
consumption; or (b) An aquifer in which the groundwater contains less
than 10,000 mg/l total dissolved solids. (176) "Underground tank" means a device meeting
the definition of "tank" in this section whose entire surface area is
totally below the surface of and covered by the ground. (177) "Unfit-for-use tank system" means a tank
system that has been determined through an integrity assessment or other
inspection to be no longer capable of managing or processing solid waste
without posing a threat of release of waste to the environment. (178) "Unit" shall have the same meaning as
"Solid Waste Unit". (179) "Universal collection" shall have the
meaning specified in KRS 224.01-010. (180) "Unsaturated zone" shall have the same
meaning as "Zone of aeration". (181)] "Uppermost aquifer" means the
geologic formation nearest the natural ground surface that is an aquifer, as
well as lower aquifers that are hydraulically interconnected with this aquifer
within the facility's property boundary.
( 182)] "Vessel" means
any watercraft used or capable of being used as a means of transportation on
(183)] "Washout" means the
carrying away of waste by waters as a result of flooding.
(94) "Waste" is defined by KRS 224.1-010(30).
(184) "Waste boundary" means: (a) The outermost perimeter of the waste (projected in
the horizontal plane) as it would exist at completion of the disposal activity;
or (b) An alternative boundary for a solid or special waste
disposal facility which may be used in lieu of paragraph (a) when the cabinet
finds that such a change would not result in the contamination of groundwater
which may be needed or used for human consumption. Such a finding shall be
based on an analysis and consideration of all the factors identified in the
following subparagraphs of this paragraph that are relevant: 1. The hydrogeological characteristics of the facility
and surrounding land including any natural attenuation and dilution
characteristics of the aquifer; 2. The volume and physical and chemical characteristics
of the leachate; 3. The quantity, quality, and direction of flow of
groundwater underlying the facility; 4. The proximity and withdrawal rates of groundwater
users; 5. The availability of alternative drinking water
supplies; 6. The existing quality of the groundwater, including
other sources of contamination and their cumulative impacts on the groundwater;
and 7. Public health, safety, and welfare effects. (185)] "Waste disposal facility" shall have
the same meaning as KRS 224.40-310.
(186) "Waste management district"
shall have the meaning specified in KRS 224.01-010. (187) "Waste pile" shall have the same meaning
as "pile". (188) "Waste site or facility" shall have the
meaning specified in KRS 224.01-010. (189) "Waste"shall have the meaning
specified in KRS 224.01-010. (190)] "Wastewater treatment plant [ unit]"
is defined by 401 KAR 5:002[ means a tank which is part of a
wastewater treatment facility which is subject to administrative regulation
under either Section 402 or Section 307(b) of the Clean Water Act of 1972 and
which receives, treats, stores, generates, or accumulates influent wastewater
or receives, manages, processes, generates or accumulates wastewater treatment
sludge, either of which is a solid waste].
(191) "Water pollution" shall have
the meaning specified in KRS 224.01-010. (192)] "Water" or "waters of the
Commonwealth" is defined by KRS 224.1-010(32)[ shall have the
meaning specified in KRS 224.01-010].
(193)] "Well" means any shaft
or pit dug or bored into the earth, generally of cylindrical form, and often
walled with bricks or tubing to prevent the earth from caving in.
(194) "Wetlands"] means
land that has a predominance of hydric soils and is inundated or saturated by
surface or groundwater at a frequency and duration sufficient to support, and
that under normal circumstances does support, a prevalence of hydrophytic
vegetation typically adapted for life in saturated soil conditions. [ (195)
"Zone of aeration" means that region of the soil or rock between the
land surface and the nearest saturated zone in which the interstices are
occupied partially by air. (196) "Zone of incorporation" means the depth
to which the soil on a landfarm is plowed, tilled, or otherwise designed to
receive waste. (197) "Zone of saturation" means that part of
the earth's crust containing groundwater in which all voids, large and small,
are filled with liquid. Section 2. Acronyms and Abbreviations. Unless otherwise
specifically indicated by context, acronyms and abbreviations used in 401 KAR
Chapter 48 shall have the meaning as identified in Table 1 of this
CHARLES G. SNAVELY, Secretary
APPROVED BY AGENCY: July 12, 2017
FILED WITH LRC: July 13, 2017 at 4 p.m.
PUBLIC HEARING AND PUBLIC COMMENT PERIOD: A public hearing on this administrative regulation shall be held on August 22, 2017, at 6:00 p.m. in Training Room B of the Energy and Environment Cabinet at 300 Sower Boulevard, Frankfort, Kentucky. Individuals interested in being heard at this hearing shall notify this agency in writing by five workdays prior to the hearing, of their intent to attend. If no notification of intent to attend the hearing was received by that date, the hearing may be cancelled. A transcript of the public hearing will not be made unless a written request for a transcript is made. If you do not wish to be heard at the public hearing, you may submit written comments on the proposed administrative regulation. Written comments shall be accepted through August 31, 2017. Send written notification of intent to attend the public hearing or written comments on the proposed administrative regulation to the contact person.
CONTACT PERSON: Louanna Aldridge, Environmental Control Supervisor, Department for Environmental Protection, Division of, Waste Management, 300 Sower Boulevard, Second Floor, Frankfort, Kentucky 40601, phone (502) 782-6538, fax (502) 564-4245, email Louanna.Aldridge@ky.gov.
REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person: Louanna Aldridge
(1) Provide a brief summary of:
(a) What this administrative regulation does: This administrative regulation defines terms used in 401 KAR Chapter 48 to administer standards for solid waste facilities and landfills.
(b) The necessity of this administrative regulation: This administrative regulation is necessary to establish essential terms to administer standards for solid waste facilities and landfills.
(c) How this administrative regulation conforms to the content of the authorizing statutes: This administrative regulation defines terms for 401 KAR Chapter 48 for standards for solid waste facilities and landfills.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes: This administrative regulation assists in the administration of the statutes by providing the procedures for the preparation, submittal, processing and amending of area solid waste management plan updates. This administrative regulation also provides the annual report requirements to solid waste management areas.
(2) If this is an amendment to an existing administrative regulation, provide a brief summary of:
(a) How the amendment will change this existing administrative regulation: This amendment is a clarifying amendment that more specifically defines TENORM as used by the cabinet and eliminates definitions that are unnecessary.
(b) The necessity of the amendment to this administrative regulation: The amendment to this administrative regulation is necessary to ensure that the terms used in 401 KAR Chapter 48 are adequately defined in a clear manner and include all provisions needed for consistency.
(c) How the amendment conforms to the content of the authorizing statutes: This amendment defines essential terms in 401 KAR Chapter 48 regarding standards for solid waste facilities and landfills.
(d) How the amendment will assist in the effective administration of the statutes: This amendment will decrease possible conflict and delay by clarifying definitions to more specifically define TENORM as used by the cabinet and eliminate definitions that are unnecessary.
(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation: This administrative regulation will affect all counties, cities, urban-county governments and solid waste management areas in Kentucky.
(4) Provide an analysis of how the entities identified in question (3) will be impacted by either the implementation of this administrative regulation, if new, or by the change, if it is an amendment, including:
(a) List the actions that each of the regulated entities identified in question (3) will have to take to comply with this administrative regulation or amendment: This amendment is a clarifying amendment that defines essential terms and removes unnecessary terms. As a definitions administrative regulation, no requirements or actions are included in this amendment.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3): As a definitions administrative regulation, no requirements or actions are included in this amendment.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3): As a definitions administrative regulation, no requirements or actions are included in this amendment.
(5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially: There will be no cost associated with the implementation of the amendment to this administrative regulation as this is a definitions administrative regulation.
(b) On a continuing basis: There will be no cost associated with the implementation of the amendment to this administrative regulation as this is a definitions administrative regulation.
(6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation: This administrative regulation will not require a funding source as it only provides definitions of terms.
(7) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new, or by the change if it is an amendment: There will be no increase in fees or funding associated with the implementation of the amendment to this administrative regulation.
(8) State whether or not the administrative regulation established any fees or directly or indirectly increased any fees: This administrative regulation does not establish any fees or directly or indirectly increase any fees.
(9) TIERING: Is tiering applied? Tiering is not applied; this administrative regulation defines terms that are applicable to 401 KAR Chapter 48.
FISCAL NOTE ON STATE OR LOCAL GOVERNMENT
(1) What units, parts, or divisions of state or local government (including cities, counties, fire departments, or school districts) will be impacted by this administrative regulation? This administrative regulation will impact all counties, cities, urban-county governments and solid waste management areas responsible for solid waste management in the Commonwealth of Kentucky by defining TENORM.
(2) Identify each state or federal statute or federal regulation that requires or authorizes the action taken by this administrative regulation. KRS 224.10-100, 224.40-110, 224.40-305, 224.43-340, 224.50-824, 224.50-832, and 40 C.F.R. Part 258.
(3) Estimate the effect of this administrative regulation on the expenditures and revenues of a state or local government agency (including cities, counties, fire departments, or school districts) for the first full year the administrative regulation is to be in effect.
(a) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for the first year? This administrative regulation will not generate revenue for the state or for local governments for the first year revenue as it only provides definitions of terms.
(b) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for subsequent years? This administrative regulation will not generate revenue for the state or for local governments in subsequent year’s revenue as it only provides definitions of terms.
(c) How much will it cost to administer this program for the first year? This administrative regulation will not have costs associated with the administration of the program as it only provides definitions of terms.
(d) How much will it cost to administer this program for subsequent years? This administrative regulation will not have costs associated with the administration of the program as it only provides definitions of terms.
Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.
Other Explanation: This administrative regulation will have no fiscal impact as it only provides definitions of terms.