Kentucky Statutes 224.43-360 – Limitation on increases in amount of waste accepted — Exceptions — Revision of limitation by cabinet
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(1) Consistent with requirements of KRS Chapter 224, increases in the amount of waste from any geographic source permitted to be accepted by any municipal solid waste disposal facility shall not exceed more than five percent (5%) of the average volume of waste accepted during the twelve (12) month period January 1990 through December 1990 unless:
(a) The facility has been constructed in accordance with the most stringent containment standards effective January 1, 1991; or
(b) The facility meets a design standard of at least twelve (12) inches of soil with a maximum permeability of one (1) times ten (10) to the minus seven (7) power centimeters per second or its equivalent, has a leachate collection system installed in a manner approved by the cabinet, and has a groundwater monitoring system approved by the cabinet.
A municipal solid waste disposal facility meeting the requirements of subsection (1)(b) of this section shall not accept waste for disposal after July 1, 1995, unless it meets the most stringent containment standards effective January 1, 1991.
(2) The cabinet shall revise upward or downward the limitation contained in subsection (1) of this section if it determines that the revision is necessary to be consistent with the statewide solid waste reduction and management plan or the area solid waste management plan; to assure capacity for disposal of solid waste generated in Kentucky; to assure capacity for disposal of industrial solid waste generated in Kentucky as the result of economic development; to protect against risks to health, welfare, or the environment; or to allow a solid waste disposal facility to accept those wastes it is required to accept by a contract executed before October 1, 1990.
(3) The provisions of this section shall be incorporated in the permits of solid waste disposal facilities to which it applies not designed in accordance with the most stringent containment standards adopted by the cabinet for these facilities.
Effective: February 26, 1991
History: Created 1991 (1st Extra. Sess.) Ky. Acts ch. 12, sec. 18, effective February 26,
1991.
Formerly codified as KRS § 224.8903.
(a) The facility has been constructed in accordance with the most stringent containment standards effective January 1, 1991; or
Terms Used In Kentucky Statutes 224.43-360
- area: means any geographical area established or designated by the cabinet in accordance with the provisions of this chapter. See Kentucky Statutes 224.1-010
- Cabinet: means the Energy and Environment Cabinet. See Kentucky Statutes 224.1-010
- Contract: A legal written agreement that becomes binding when signed.
- Disposal: means the discharge, deposit, injection, dumping, spilling, leaking, or placing of any waste into or on any land or water so that such waste or any constituent thereof may enter the environment or be emitted into the air or discharged into any waters, including ground waters. See Kentucky Statutes 224.1-010
- Industrial solid waste: means solid waste generated by manufacturing or industrial processes that is not a hazardous waste or a special waste as designated by KRS §. See Kentucky Statutes 224.1-010
- Month: means calendar month. See Kentucky Statutes 446.010
- Municipal solid waste: means household solid waste and commercial solid waste. See Kentucky Statutes 224.1-010
- Municipal solid waste disposal facility: means any type of waste site or facility where the final deposition of any amount of municipal solid waste occurs, whether or not mixed with or including other waste allowed under Subtitle D of the Federal Resource Conservation and Recovery Act of 1976, as amended, and includes but is not limited to incinerators and waste-to-energy facilities that burn municipal solid waste and contained and residential landfills, but does not include an advanced recycling facility or a waste site or facility which is operated exclusively by a solid waste generator on property owned by the solid waste generator which accepts only industrial solid waste from the solid waste generator or industrial solid waste generated at another facility owned and operated by the generator or wholly-owned subsidiary, or a medical waste incinerator which is owned, operated, and located on the property of a hospital or university which is regulated by the cabinet and used for the purpose of treatment, prior to landfill, of medical waste received from the generator exclusively or in combination with medical waste generated by professionals or facilities licensed or regulated or operated by the Commonwealth. See Kentucky Statutes 224.1-010
- Solid waste management: means the administration of solid waste activities: collection, storage, transportation, transfer, processing, treatment, and disposal, which shall be in accordance with a cabinet-approved county or multicounty solid waste management plan. See Kentucky Statutes 224.1-010
- Waste: means :
(a) "Solid waste" means any garbage, refuse, sludge, and other discarded material, including solid, liquid, semi-solid, or contained gaseous material resulting from industrial, commercial, mining (excluding coal mining wastes, coal mining by-products, refuse, and overburden), agricultural operations, and from community activities, but does not include those materials including, but not limited to, sand, soil, rock, gravel, or bridge debris extracted as part of a public road construction project funded wholly or in part with state funds, recovered material, post-use polymers or recovered feedstocks, tire-derived fuel, special wastes as designated by KRS §. See Kentucky Statutes 224.1-010
(b) The facility meets a design standard of at least twelve (12) inches of soil with a maximum permeability of one (1) times ten (10) to the minus seven (7) power centimeters per second or its equivalent, has a leachate collection system installed in a manner approved by the cabinet, and has a groundwater monitoring system approved by the cabinet.
A municipal solid waste disposal facility meeting the requirements of subsection (1)(b) of this section shall not accept waste for disposal after July 1, 1995, unless it meets the most stringent containment standards effective January 1, 1991.
(2) The cabinet shall revise upward or downward the limitation contained in subsection (1) of this section if it determines that the revision is necessary to be consistent with the statewide solid waste reduction and management plan or the area solid waste management plan; to assure capacity for disposal of solid waste generated in Kentucky; to assure capacity for disposal of industrial solid waste generated in Kentucky as the result of economic development; to protect against risks to health, welfare, or the environment; or to allow a solid waste disposal facility to accept those wastes it is required to accept by a contract executed before October 1, 1990.
(3) The provisions of this section shall be incorporated in the permits of solid waste disposal facilities to which it applies not designed in accordance with the most stringent containment standards adopted by the cabinet for these facilities.
Effective: February 26, 1991
History: Created 1991 (1st Extra. Sess.) Ky. Acts ch. 12, sec. 18, effective February 26,
1991.
Formerly codified as KRS § 224.8903.