UNOFFICIAL COPY 22 RS BR 192 Page 1 of 16 BR019200.100 - 192 - XXXX Jacketed AN ACT relating to resource recovery. 1 Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2 Section 1. KRS 224.1-010 is amended to read as follows: 3 As used in this chapter unless the context clearly indicates otherwise: 4 (1) "Air contaminant" includes smoke, dust, soot, grime, carbon, or any other 5 particulate matter, radioactive matter, noxious acids, fumes, gases, odor, vapor, or 6 any combination thereof; 7 (2) "Air contaminant source" means any and all sources of emission of air 8 contaminants, whether privately or publicly owned or operated. Without limiting 9 the generality of the foregoing, this term includes all types of business, commercial 10 and industrial plants, works, shops, and stores, and heating and power plants and 11 stations, buildings and other structures of all types, including single and multiple 12 family residences, apartments, houses, office buildings, public buildings, hotels, 13 restaurants, schools, hospitals, churches, and other institutional buildings, 14 automobiles, trucks, tractors, buses and other motor vehicles, garages and vending 15 and service locations and stations, railroad locomotives, ships, boats and other 16 waterborne craft, portable fuel-burning equipment, incinerators of all types (indoor 17 and outdoor), refuse dumps and piles, and all stack and other chimney outlets from 18 any of the foregoing; 19 (3) "Air pollution" means the presence in the outdoor atmosphere of one (1) or more air 20 contaminants in sufficient quantities and of such characteristics and duration as is or 21 threatens to be injurious to human, plant, or animal life, or to property, or which 22 unreasonably interferes with the comfortable enjoyment of life or property; 23 (4) "Closure" means the time at which a waste treatment, storage, or disposal facility 24 permanently ceases to accept wastes, and includes those actions taken by the owner 25 or operator of the facility to prepare the site for post-closure monitoring and 26 maintenance or to make it suitable for other uses; 27 UNOFFICIAL COPY 22 RS BR 192 Page 2 of 16 BR019200.100 - 192 - XXXX Jacketed (5) "Compost" means solid waste which has undergone biological decomposition of 1 organic matter, been disinfected using composting or similar technologies, been 2 stabilized to a degree which is potentially beneficial to plant growth and which is 3 approved for use or sale as a soil amendment, artificial topsoil, growing medium 4 amendment, or other similar uses; 5 (6) "Composting" means the process by which biological decomposition of organic 6 solid waste is carried out under controlled aerobic conditions, and which stabilizes 7 the organic fraction into a material which can easily and safely be stored, handled, 8 and used in an environmentally acceptable manner: 9 (a) "Composting" may include a process which creates an anaerobic zone within 10 the composting material; 11 (b) "Composting" does not include simple exposure of solid waste under 12 uncontrolled conditions resulting in natural decay; 13 (7) "Demonstration" means the initial exhibition of a new technology, process or 14 practice or a significantly new combination or use of technologies, processes or 15 practices, subsequent to the development stage, for the purpose of proving 16 technological feasibility and cost effectiveness; 17 (8) "Cabinet" means the Energy and Environment Cabinet; 18 (9) "Disposal" means the discharge, deposit, injection, dumping, spilling, leaking, or 19 placing of any waste into or on any land or water so that such waste or any 20 constituent thereof may enter the environment or be emitted into the air or 21 discharged into any waters, including ground waters, but "disposal" does not 22 include advanced recycling; 23 (10) "District" means an air pollution control district as provided for in KRS Chapter 77; 24 (11) "Effluent limitations" means any restrictions or prohibitions established under state 25 law which include, but are not limited to, effluent limitations, standards of 26 performance for new sources, and toxic effluent standards on quantities, rates, and 27 UNOFFICIAL COPY 22 RS BR 192 Page 3 of 16 BR019200.100 - 192 - XXXX Jacketed concentrations of chemical, physical, biological, and other constituents which are 1 discharged into waters; 2 (12) "Generator" means any person, by site, whose act or process produces waste; 3 (13) "Materials recovery facility" means a solid waste management facility that provides 4 for the extraction from solid waste of recyclable materials, materials suitable for use 5 as a fuel or soil amendment, or any combination of those materials; 6 (14) "Municipal solid waste disposal facility" means any type of waste site or facility 7 where the final deposition of any amount of municipal solid waste occurs, whether 8 or not mixed with or including other waste allowed under Subtitle D of the Federal 9 Resource Conservation and Recovery Act of 1976, as amended, and includes, but is 10 not limited to, incinerators and waste-to-energy facilities that burn municipal solid 11 waste, and contained and residential landfills, but does not include an advanced 12 recycling facility or a waste site or facility which is operated exclusively by a solid 13 waste generator on property owned by the solid waste generator which accepts only 14 industrial solid waste from the solid waste generator or industrial solid waste 15 generated at another facility owned and operated by the generator or wholly-owned 16 subsidiary, or a medical waste incinerator which is owned, operated, and located on 17 the property of a hospital or university which is regulated by the cabinet and used 18 for the purpose of treatment, prior to landfill, of medical waste received from the 19 generator exclusively or in combination with medical waste generated by 20 professionals or facilities licensed or regulated or operated by the Commonwealth; 21 (15) "Municipal solid waste reduction" means source reduction, waste minimization, 22 reuse, recycling, composting, and materials recovery; 23 (16) "Person" means an individual, trust, firm, joint stock company, corporation 24 (including a government corporation), partnership, association, federal agency, state 25 agency, city, commission, political subdivision of the Commonwealth, or any 26 interstate body; 27 UNOFFICIAL COPY 22 RS BR 192 Page 4 of 16 BR019200.100 - 192 - XXXX Jacketed (17) "Post-closure monitoring and maintenance" means the routine care, maintenance, 1 and monitoring of a solid waste or hazardous waste treatment, storage, or disposal 2 facility following closure of the facility; 3 (18) "Publicly owned treatment works" means any device or system used in the treatment 4 (including recycling and recovery) of municipal sewage or industrial wastes of a 5 liquid nature which is owned by the Commonwealth or a political subdivision of the 6 Commonwealth; 7 (19) "Recovered material" means those materials, including but not limited to compost, 8 which have known current use, reuse, or recycling potential, which can be feasibly 9 used, reused, or recycled, and which have been diverted or removed from the solid 10 waste stream for sale, use, reuse, or recycling, whether or not requiring subsequent 11 separation and processing, but does not include materials diverted or removed for 12 purposes of energy recovery or combustion except refuse-derived fuel (RDF), which 13 shall be credited as a recovered material in an amount equal to that percentage of 14 the municipal solid waste received on a daily basis at the processing facility and 15 processed into RDF; but not to exceed fifteen percent (15%) of the total amount of 16 the municipal solid waste received at the processing facility on a daily basis. 17 Notwithstanding any provision of law to the contrary, tire-derived fuel, as defined in 18 subsection (53) of this section, shall be considered a recovered material; 19 (20) "Recovered material processing facility" means a facility engaged solely in the 20 storage, processing, and resale or reuse of recovered material, but does not mean a 21 solid waste management facility if solid waste generated by a recovered material 22 processing facility is managed pursuant to this chapter and administrative 23 regulations adopted by the cabinet; 24 (21) "Recycling" means any process by which materials which would otherwise become 25 solid waste are collected, separated, or processed and reused or returned to use in 26 the form of raw materials or products, including refuse-derived fuel when processed 27 UNOFFICIAL COPY 22 RS BR 192 Page 5 of 16 BR019200.100 - 192 - XXXX Jacketed in accordance with administrative regulations established by the cabinet, but does 1 not include the incineration or combustion of materials for the recovery of energy; 2 (22) "Refuse-derived fuel" means a sized, processed fuel product derived from the 3 extensive separation of municipal solid waste, which includes the extraction of 4 recoverable materials for recycling and the removal of nonprocessables such as dirt 5 and gravel prior to processing the balance of the municipal solid waste into the 6 refuse-derived fuel product; 7 (23) "Secretary" means the secretary of the Energy and Environment Cabinet; 8 (24) "Sewage system" means individually or collectively those constructions or devices 9 used for collecting, pumping, treating, and disposing of liquid or waterborne 10 sewage, industrial wastes, or other wastes; 11 (25) "Termination" means the final actions taken by the cabinet as to a solid waste or 12 hazardous waste treatment, storage, or disposal facility when formal responsibilities 13 for post-closure monitoring and maintenance cease; 14 (26) "Waste site or facility" means any place where waste is managed, processed, or 15 disposed of by incineration, landfilling, or any other method, but does not include a 16 container located on property where solid waste is generated and which is used 17 solely for the purpose of collection and temporary storage of that solid waste prior 18 to off-site disposal, or a recovered material processing facility, or an advanced 19 recycling facility, or the combustion of processed waste in a utility boiler; 20 (27) "Storage" means the containment of wastes, either on a temporary basis or for a 21 period of years, in such a manner as not to constitute disposal of such wastes; 22 (28) "Transportation" means any off-site movement of waste by any mode, and any 23 loading, unloading, or storage incidental thereto; 24 (29) "Treatment" means any method, technique, or process, including neutralization, 25 designed to change the physical, chemical, or biological character or composition of 26 any waste so as to neutralize such waste or so as to render such waste 27 UNOFFICIAL COPY 22 RS BR 192 Page 6 of 16 BR019200.100 - 192 - XXXX Jacketed nonhazardous, safer for transport, amenable for recovery, amenable for storage, or 1 reduced in volume. Such term includes any activity or processing designed to 2 change the physical form or chemical composition of hazardous waste so as to 3 render it nonhazardous; 4 (30) "Waste" means: 5 (a) "Solid waste" means any garbage, refuse, sludge, and other discarded material, 6 including solid, liquid, semi-solid, or contained gaseous material resulting 7 from industrial, commercial, mining (excluding coal mining wastes, coal 8 mining by-products, refuse, and overburden), agricultural operations, and from 9 community activities, but does not include those materials including, but not 10 limited to, sand, soil, rock, gravel, or bridge debris extracted as part of a 11 public road construction project funded wholly or in part with state funds, 12 recovered material, post-use polymers or recovered feedstocks, tire-derived 13 fuel, special wastes as designated by KRS 224.50-760, solid or dissolved 14 material in domestic sewage, manure, crops, crop residue, or a combination 15 thereof which are placed on the soil for return to the soil as fertilizers or soil 16 conditioners, or solid or dissolved material in irrigation return flows or 17 industrial discharges which are point sources subject to permits under Section 18 402 of the Federal Water Pollution Control Act, as amended (86 Stat. 880), or 19 source, special nuclear, or by-product material as defined by the Atomic 20 Energy Act of 1954, as amended (68 Stat. 923): 21 1. "Household solid waste" means solid waste, including garbage and trash 22 generated by single and multiple family residences, hotels, motels, 23 bunkhouses, ranger stations, crew quarters, and recreational areas such 24 as picnic areas, parks, and campgrounds, but it does not include tire-25 derived fuel; 26 2. "Commercial solid waste" means all types of solid waste generated by 27 UNOFFICIAL COPY 22 RS BR 192 Page 7 of 16 BR019200.100 - 192 - XXXX Jacketed stores, offices, restaurants, warehouses, and other service and 1 nonmanufacturing activities, excluding tire-derived fuel and household 2 and industrial solid waste; 3 3. "Industrial solid waste" means solid waste generated by manufacturing 4 or industrial processes that is not a hazardous waste or a special waste as 5 designated by KRS 224.50-760, including, but not limited to, waste 6 resulting from the following manufacturing processes: electric power 7 generation; fertilizer or agricultural chemicals; food and related products 8 or by-products; inorganic chemicals; iron and steel manufacturing; 9 leather and leather products; nonferrous metals manufacturing/foundries; 10 organic chemicals; plastics and resins manufacturing; pulp and paper 11 industry; rubber and miscellaneous plastic products, except tire-derived 12 fuel; stone, glass, clay, and concrete products; textile manufacturing; 13 transportation equipment; and water treatment; and 14 4. "Municipal solid waste" means household solid waste and commercial 15 solid waste; and 16 (b) "Hazardous waste" means any discarded material or material intended to be 17 discarded or substance or combination of such substances intended to be 18 discarded, in any form which because of its quantity, concentration or 19 physical, chemical or infectious characteristics may cause, or significantly 20 contribute to an increase in mortality or an increase in serious irreversible, or 21 incapacitating reversible, illness or pose a substantial present or potential 22 hazard to human health or the environment when improperly treated, stored, 23 transported, or disposed of, or otherwise managed; 24 (31) "Waste management district" means any county or group of counties electing to 25 form under the provisions of KRS Chapter 109 and operate in conformance with the 26 provisions of KRS Chapter 109 and with Section 4006, Resource Conservation and 27 UNOFFICIAL COPY 22 RS BR 192 Page 8 of 16 BR019200.100 - 192 - XXXX Jacketed Recovery Act of 1976, as amended (Public Law 94-580); 1 (32) "Water" or "waters of the Commonwealth" means and includes any and all rivers, 2 streams, creeks, lakes, ponds, impounding reservoirs, springs, wells, marshes, and 3 all other bodies of surface or underground water, natural or artificial, situated 4 wholly or partly within or bordering upon the Commonwealth or within its 5 jurisdiction; 6 (33) "Water pollution" means the alteration of the physical, thermal, chemical, 7 biological, or radioactive properties of the waters of the Commonwealth in such a 8 manner, condition, or quantity that will be detrimental to the public health or 9 welfare, to animal or aquatic life or marine life, to the use of such waters as present 10 or future sources of public water supply or to the use of such waters for recreational, 11 commercial, industrial, agricultural, or other legitimate purposes; 12 (34) "Pollutant" means and includes dredged spoil, solid waste, incinerator residue, 13 sewage, sewage sludge, garbage, chemical, biological or radioactive materials, heat, 14 wrecked or discarded equipment, rock, sand, soil, industrial, municipal or 15 agricultural waste, and any substance resulting from the development, processing, 16 or recovery of any natural resource which may be discharged into water; 17 (35) "NPDES" means National Pollutant Discharge Elimination System; 18 (36) "Manifest" means the form used for identifying the quantity, composition, and the 19 origin, routing, and destination of waste during its transportation from the point of 20 generation to the point of disposal, treatment, or storage; 21 (37) "Open dump" means any facility or site for the disposal of solid waste which does 22 not have a valid permit issued by the cabinet or does not meet the environmental 23 performance standards established under regulations promulgated by the cabinet; 24 (38) "Solid waste management" means the administration of solid waste activities: 25 collection, storage, transportation, transfer, processing, treatment, and disposal, 26 which shall be in accordance with a cabinet-approved county or multicounty solid 27 UNOFFICIAL COPY 22 RS BR 192 Page 9 of 16 BR019200.100 - 192 - XXXX Jacketed waste management plan; 1 (39) "Solid waste management area" or "area" means any geographical area established 2 or designated by the cabinet in accordance with the provisions of this chapter; 3 (40) "Solid waste management facility" means any facility for collection, storage, 4 transportation, transfer, processing, treatment, or disposal of solid waste, whether 5 such facility is associated with facilities generating such wastes or otherwise, but 6 does not include a container located on property where solid waste is generated and 7 which is used solely for the purpose of collection and temporary storage of that 8 solid waste prior to off-site disposal, or a recovered material processing facility 9 which is subject to regulation pursuant to this[the] chapter for control of 10 environmental impacts and to prevent any public nuisance, or an advanced 11 recycling facility; 12 (41) "Hazardous constituent" shall conform to the requirements of the Resource 13 Conservation and Recovery Act (RCRA), as amended; 14 (42) "Land disposal" includes but is not limited to any placement of hazardous waste in a 15 landfill, surface impoundment, waste pile, injection well, land treatment facility, 16 salt dome formation, salt bed formation, or underground mine or cave; 17 (43) "Key personnel" means an officer, partner, director, manager, or shareholder of five 18 percent (5%) or more of stock or financial interest in a corporation, partnership, or 19 association or parent, subsidiary, or affiliate corporation and its officers, directors, 20 or shareholders of five percent (5%) or more of stock or financial interest; 21 (44) "Universal collection" means a municipal solid waste collection system which is 22 established by ordinance and approved by the cabinet and requires access for each 23 household or solid waste generator in a county. A commercial or industrial entity 24 which transports or contracts for the transport of the municipal solid waste it 25 generates or which operates a solid waste management facility for its exclusive use 26 may be excluded from participation; 27 UNOFFICIAL COPY 22 RS BR 192 Page 10 of 16 BR019200.100 - 192 - XXXX Jacketed (45) "Governing body" means a county, a waste management district, an entity created 1 pursuant to the Interlocal Cooperation Act, a taxing district created pursuant to the 2 provisions of KRS 65.180 to 65.192, a special district created pursuant to the 3 provisions of KRS 65.160 to 65.176, or counties acting under contract pursuant to 4 KRS 109.082; 5 (46) "Convenience center" means a facility that is manned during operating hours for the 6 collection and subsequent transportation of municipal solid wastes; 7 (47) "Transfer facility" means any transportation related facility including loading docks, 8 parking areas, and other similar areas where shipments of solid waste are held or 9 transferred during the normal course of transportation; 10 (48) "Collection box" means an unmanned receptacle utilized to collect municipal solid 11 waste; 12 (49) "Newsprint" means that class or kind of paper chiefly used for printing newspapers 13 and weighing more than twenty-four and one-half (24 1/2) pounds, but less than 14 thirty-five (35) pounds for five hundred (500) sheets of paper two (2) feet by three 15 (3) feet in size, on rolls that are not less than thirteen (13) inches wide and twenty-16 eight (28) inches in diameter and having a brightness of less than sixty (60); 17 (50) "Postconsumer waste paper" means discarded paper after it has served its intended 18 use by a publisher; 19 (51) "Publisher" means a person engaged in the business of publishing newspapers, 20 advertisement flyers, telephone books, and other printed material; 21 (52) "Recycled content" means the proportion of fiber in newsprint that is derived from 22 postconsumer waste paper; 23 (53) "Tire-derived fuel" or "TDF" means a product made from waste tires to the exact 24 specifications of a system designed to accept tire-derived fuel as a primary or 25 supplemental fuel source, that have been reduced to particle sizes not greater than 26 two (2) inches by two (2) inches and that is destined for transportation from the 27 UNOFFICIAL COPY 22 RS BR 192 Page 11 of 16 BR019200.100 - 192 - XXXX Jacketed waste tire processor for use as a fuel. "Tire-derived fuel" shall not mean refuse-1 derived fuel;[ and] 2 (54) "Industrial energy facility" means a facility that produces transportation fuels, 3 synthetic natural gas, chemicals, or electricity through a gasification process using 4 coal, coal waste, or biomass resources, and costing in excess of seven hundred fifty 5 million dollars ($750,000,000) at the time of construction; 6 (55) "Advanced recycling" means a manufacturing process for the conversion of 7 post-use polymers and recovered feedstocks into basic hydrocarbon raw 8 materials, feedstocks, chemicals, and other products through processes that 9 include pyrolysis, gasification, depolymerization, catalytic cracking, reforming, 10 hydrogenation, solvolysis, and other similar technologies; 11 (56) "Advanced recycling facility" means a manufacturing facility, which is subject to 12 inspections by the cabinet, that receives, stores, and converts post-use polymers 13 and recovered feedstocks it receives using advanced recycling; 14 (57) "Depolymerization" means a manufacturing process where post-use polymers 15 are broken into smaller molecules such as monomers and oligomers or raw, 16 intermediate, or final products, plastics and chemical feedstocks, basic and 17 unfinished chemicals, crude oil, naphtha, liquid transportation fuels, waxes, 18 lubricants, coatings, and other basic hydrocarbons; 19 (58) "Gasification" means a process through which post-use polymers and recovered 20 feedstocks are heated and converted into a fuel and gas mixture in an oxygen-21 deficient atmosphere, and then converted into raw, intermediate, and final 22 products; 23 (59) "Post-use polymer" means a plastic polymer that: 24 (a) Is derived from any industrial, commercial, agricultural, or domestic 25 activities; 26 (b) Is not mixed with solid waste or hazardous waste onsite or during 27 UNOFFICIAL COPY 22 RS BR 192 Page 12 of 16 BR019200.100 - 192 - XXXX Jacketed processing at the advanced recycling facility; 1 (c) Has a use or intended use as a feedstock for the manufacturing of other 2 feedstocks, blendstocks, raw materials, intermediate products, or final 3 products using advanced recycling; 4 (d) Has been sorted from solid waste and other regulated waste, but may 5 contain residual amounts of solid waste and incidental contaminants or 6 impurities; and 7 (e) Is processed at an advanced recycling facility or held at such facility prior to 8 processing; 9 (60) "Pyrolysis" means a manufacturing process through which post-use polymers 10 are heated in the absence of oxygen until melted and thermally decomposed, and 11 are then cooled, condensed, and converted into raw materials, intermediate 12 products, or final products; 13 (61) (a) "Recovered feedstock" means one (1) or more of the following materials 14 that has been processed so that it may be used as feedstock in an advanced 15 recycling facility: 16 1. Post-use polymers; and 17 2. Materials for which the United States Environmental Protection 18 Agency has made a nonwaste determination pursuant to applicable 19 federal requirements or has otherwise determined are feedstocks and 20 not solid waste; 21 (b) "Recovered feedstock" does not include: 22 1. Unprocessed municipal solid waste; or 23 2. Material that is mixed with solid waste or hazardous waste onsite or 24 during processing at an advanced recycling facility; and 25 (62) "Solvolysis" means a manufacturing process through which post-use polymers 26 are reacted with the aid of solvents while heated at low temperatures or 27 UNOFFICIAL COPY 22 RS BR 192 Page 13 of 16 BR019200.100 - 192 - XXXX Jacketed pressurized to make raw materials, intermediate products, or final products, while 1 allowing additives and contaminants to be separated. 2 Section 2. KRS 109.012 is amended to read as follows: 3 As used in this chapter, unless the context requires otherwise: 4 (1) "Board of directors" or "board" means the governing body of a solid waste 5 management district; 6 (2) "City" means an existing city of any class; 7 (3) "County" means the governing body of a county, including urban-county 8 governments; 9 (4) "Cabinet" means the Energy and Environment Cabinet; 10 (5) "Franchise" means a franchise, contract, right, authorization, or privilege granted by 11 a local government for provision of solid waste management services; 12 (6) "Local government" means a city, county, urban-county government, charter county 13 government, consolidated local government, or unified local government or a solid 14 waste management district created pursuant to KRS Chapter 109; 15 (7) "Long-term contract" means a contract of sufficient duration to assure the viability 16 of a resource recovery facility to the extent that such viability depends upon solid 17 waste supply; 18 (8) "Recovered material" means those materials which have known current use, reuse, 19 or recycling potential, which can be feasibly used, reused, or recycled, and which 20 have been diverted or removed from the solid waste stream for sale, use, reuse, or 21 recycling, whether or not requiring subsequent separation and processing, but does 22 not include materials diverted or removed for purposes of energy recovery or 23 combustion except refuse-derived fuel (RDF), which shall be credited as a 24 recovered material in an amount equal to that percentage of the municipal solid 25 waste received on a daily basis at the processing facility and processed into RDF; 26 but not to exceed fifteen percent (15%) of the total amount of the municipal solid 27 UNOFFICIAL COPY 22 RS BR 192 Page 14 of 16 BR019200.100 - 192 - XXXX Jacketed waste received at the processing facility on a daily basis; 1 (9) "Recovered material processing facility" means a facility engaged solely in the 2 storage, processing, and resale or reuse of recovered material but does not mean a 3 solid waste management facility if solid waste generated by a recovered material 4 processing facility is managed pursuant to KRS Chapter 224 and administrative 5 regulations adopted by the cabinet; 6 (10) "Person" means an individual, trust, firm, joint stock company, corporation 7 (including a government corporation), partnership, association, federal agency, state 8 agency, city, commission, political subdivision of the Commonwealth, or any 9 interstate body; 10 (11) "Service company" means any person or entity duly authorized by an agency of the 11 Commonwealth of Kentucky pursuant to the Kentucky Revised Statutes, or 12 administrative regulations promulgated thereunder, for the provision of solid waste 13 management services; 14 (12) "Solid waste" means any garbage, refuse, sludge, and other discarded material, 15 including solid, liquid, semisolid, or contained gaseous material resulting from 16 industrial, commercial, mining (excluding coal mining waste, coal mining by-17 products, refuse and overburden), agricultural operations, and from community 18 activities, but does not include those materials including but not limited to sand, 19 soil, rock, gravel, or bridge debris extracted as part of a public road construction 20 project funded wholly or in part with state funds, recovered material, post-use 21 polymers or recovered feedstocks as those terms are defined in Section 1 of this 22 Act, special wastes as designated by KRS 224.50-760, solid or dissolved material in 23 domestic sewage, manure, crops, crop residue, or a combination thereof which are 24 placed on the soil for return to the soil as fertilizers or soil conditions, or solid or 25 dissolved materials in irrigation return flows or industrial discharges which are 26 point sources subject to permits under Section 402 of the Federal Water Pollution 27 UNOFFICIAL COPY 22 RS BR 192 Page 15 of 16 BR019200.100 - 192 - XXXX Jacketed Control Act, as amended (86 Stat. 880), or source, special nuclear, or by-product 1 material as defined by the Atomic Energy Act of 1954, as amended (68 Stat. 923). 2 (a) "Household solid waste" means solid waste, including garbage and trash 3 generated by single and multiple family residences, hotels, motels, bunk 4 houses, ranger stations, crew quarters, and recreational areas such as picnic 5 areas, parks, and camp grounds; 6 (b) "Commercial solid waste" means all types of solid waste generated by stores, 7 offices, restaurants, warehouses, and other service and nonmanufacturing 8 activities, excluding household and industrial solid waste; 9 (c) "Industrial solid waste" means solid waste generated by manufacturing or 10 industrial processes that is not a hazardous waste or a special waste as 11 designated by KRS 224.50-760, including but not limited to waste resulting 12 from the following manufacturing processes: electric power generation; 13 fertilizer or agricultural chemicals; food and related products or by-products; 14 inorganic chemicals; iron and steel manufacturing; leather and leather 15 products; nonferrous metals manufacturing/foundries; organic chemicals; 16 plastics and resins manufacturing; pulp and paper industry; rubber and 17 miscellaneous plastic products; stone, glass, clay, and concrete products; 18 textile manufacturing; transportation equipment; and water treatment; and 19 (d) "Municipal solid waste" means household solid waste and commercial solid 20 waste; 21 (13) "Solid waste management" or "solid waste management services" means the 22 administration of solid waste activities: collection, storage, transportation, transfer, 23 processing, treatment, and disposal, which shall be in accordance with a cabinet 24 approved county or multicounty solid waste management plan of the cabinet. For 25 the purposes of subsection (5) of this section and KRS 109.0417, "solid waste 26 management services" additionally includes collection, storage, transportation, 27 UNOFFICIAL COPY 22 RS BR 192 Page 16 of 16 BR019200.100 - 192 - XXXX Jacketed transfer, processing, treatment, and disposal of special wastes, as designated by 1 KRS 224.50-760, and recovered material, but does not include advanced recycling 2 as defined in Section 1 of this Act; 3 (14) "Solid waste management area" or "area" means any geographical area established 4 or, designated by the cabinet in accordance with the provisions of KRS Chapter 5 224; 6 (15) "Solid waste management facility" means any facility for collection, storage, 7 transportation, transfer, processing, treatment, or disposal of solid waste, whether 8 such facility is associated with facilities generating such wastes or otherwise, but 9 does not include a container located on property where solid waste is generated and 10 which is used solely for the purpose of collection and temporary storage of that 11 solid waste prior to off-site disposal, or a recovered material processing facility 12 which is subject to regulation pursuant to the chapter for control of environmental 13 impacts and to prevent any public nuisance, or an advanced recycling facility as 14 defined in Section 1 of this Act; and 15 (16) "Waste management district" means any county or group of counties electing to 16 form under the provisions of KRS 109.115 and operate in conformance with the 17 provisions of this chapter and with Section 4006 of the Resource Conservation and 18 Recovery Act of 1976, as amended (P.L. 94-580). 19