Kentucky Statutes 224.43-610 – Legislative findings and purposes
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The General Assembly of the Commonwealth of Kentucky hereby finds, determines, and declares, as follows:
(1) That Congress enacted the Hazardous and Solid Waste Amendments of 1984 establishing a clear bias against the disposal of hazardous waste in or on the land, and prohibits land disposal of a hazardous waste unless the Environmental Protection Agency determines that the prohibition is not necessary to protect human health and the environment and further recognized the environmental hazards of disposing of limited quantities of hazardous waste into solid waste landfills absent adequate design considerations.
(2) That in 1983 the United States Office of Technology Assessment published a comprehensive report which concluded that current land disposal technologies cannot guarantee the containment of hazardous wastes and protection of groundwater supplies.
(3) That a majority of Kentucky is underlaid by geology which is permeable and of little protection to groundwater resources from the contaminates, including hazardous waste, which can leach from a landfill disposal site.
(4) That Congress and the United States EPA have expressed the intention, in regards to environmental protection, that each state should be able to regulate to protect the environment in ways that are specific to the needs of each state and that each state does regulate the disposal of small amounts of hazardous waste differently.
(5) That waste flowing into solid waste landfills contains limited quantities of hazardous waste commingled with nonhazardous waste which produces a waste stream that is impossible to separate the hazardous components from nonhazardous contents.
(6) It is therefore the purpose of KRS § 224.43-614 to require all waste streams disposed in Kentucky to be free of limited quantity hazardous waste components or that such waste streams be regulated by being required to dispose of the waste in a landfill meeting strict design standards for groundwater protection.
Effective: February 26, 1991
History: Amended 1991 (1st Extra. Sess.) Ky. Acts ch. 12, sec. 26, effective February
26, 1991. — Created 1988 Ky. Acts ch. 46, sec. 1, effective July 15, 1988.
Formerly codified as KRS § 224.847.
(1) That Congress enacted the Hazardous and Solid Waste Amendments of 1984 establishing a clear bias against the disposal of hazardous waste in or on the land, and prohibits land disposal of a hazardous waste unless the Environmental Protection Agency determines that the prohibition is not necessary to protect human health and the environment and further recognized the environmental hazards of disposing of limited quantities of hazardous waste into solid waste landfills absent adequate design considerations.
Terms Used In Kentucky Statutes 224.43-610
- 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
- Hazardous waste: means any discarded material or material intended to be discarded or substance or combination of such substances intended to be discarded, in any form which because of its quantity, concentration or physical, chemical or infectious characteristics may cause, or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness or pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, or disposed of, or otherwise managed. See Kentucky Statutes 224.1-010
- Land disposal: includes but is not limited to any placement of hazardous waste in a landfill, surface impoundment, waste pile, injection well, land treatment facility, salt dome formation, salt bed formation, or underground mine or cave. See Kentucky Statutes 224.1-010
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
- 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
(2) That in 1983 the United States Office of Technology Assessment published a comprehensive report which concluded that current land disposal technologies cannot guarantee the containment of hazardous wastes and protection of groundwater supplies.
(3) That a majority of Kentucky is underlaid by geology which is permeable and of little protection to groundwater resources from the contaminates, including hazardous waste, which can leach from a landfill disposal site.
(4) That Congress and the United States EPA have expressed the intention, in regards to environmental protection, that each state should be able to regulate to protect the environment in ways that are specific to the needs of each state and that each state does regulate the disposal of small amounts of hazardous waste differently.
(5) That waste flowing into solid waste landfills contains limited quantities of hazardous waste commingled with nonhazardous waste which produces a waste stream that is impossible to separate the hazardous components from nonhazardous contents.
(6) It is therefore the purpose of KRS § 224.43-614 to require all waste streams disposed in Kentucky to be free of limited quantity hazardous waste components or that such waste streams be regulated by being required to dispose of the waste in a landfill meeting strict design standards for groundwater protection.
Effective: February 26, 1991
History: Amended 1991 (1st Extra. Sess.) Ky. Acts ch. 12, sec. 26, effective February
26, 1991. — Created 1988 Ky. Acts ch. 46, sec. 1, effective July 15, 1988.
Formerly codified as KRS § 224.847.