Section 224.50-760 - Special wastes - Exemptions from KRS 224.46-510 and 224.46-520 - Permit - Notice - Hearing(1)(a) 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;(b) 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 and 224.43-815 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);(c) 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;(d) 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 224.1-010(30)(a) and 109.012(12) 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(e) 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 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.(2) 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. 94-580), and regulations issued pursuant thereto.(3) 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.Amended by 2017 Ky. Acts ch. 117,§ 23, eff. 6/29/2017.Amended by 2017 Ky. Acts ch. 48,§ 5, eff. 6/29/2017.Effective:7/15/2008
Amended 2008, Ky. Acts ch. 57, sec. 1, effective7/15/2008. -- Amended 2000, Ky. Acts ch. 499, sec. 1, effective 7/14/2000. -- Amended 1998, Ky. Acts ch. 570, sec. 3, effective 7/15/1998. -- Amended 1991 (1st Extra. Sess.) Ky. Acts ch. 12, sec. 40, effective 2/26/1991. -- Amended 1990 Ky. Acts ch. 283, sec. 1, effective 7/13/1990. -- Amended 1988 Ky. Acts ch. 44, sec. 4, effective 7/15/1988. -- Amended 1986 Ky. Acts ch. 298, sec. 4, effective 7/15/1986. -- Amended 1984 Ky. Acts ch. 111, sec. 191, effective 7/13/1984. -- Amended 1982 Ky. Acts ch. 74, sec. 26, effective 7/15/1982; and ch. 279, sec. 14, effective 7/15/1982. -- Created 1980 Ky. Acts ch. 263, sec. 3, effective 7/15/1980; and ch. 264, sec. 8, effective 7/15/1980.