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AN ACT relating to metal recyclers. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
SECTION 1. A NEW SECTION OF SUBCHAPTER 30 OF KRS CHAPTER 3
224 IS CREATED TO READ AS FOLLOWS: 4
(1) As used in this section: 5
(a) "Metal recycling facility" means a facility that accepts and processes metals 6
to produce a commodity that can be sold or remelted; and 7
(b) "Pre-shredder" means a machine located upstream from the primary 8
shredder that tears apart larger scrap metal or entire end of life products to 9
be able to separate the residuals into their various waste streams for further 10
treatment, final disposal, or recycling. 11
(2) Notwithstanding any provision of law to the contrary, within one hundred twenty 12
(120) days after the effective date of this Act, the cabinet shall promulgate 13
administrative regulations pursuant to KRS Chapter 13A to implement a 14
comprehensive program of explosion and combustion abatement and control for 15
metal recycling facilities located less than two (2) miles from any residence, 16
school, or hospital. The administrative regulations shall set specific standards, 17
establish emission limits, and prescribe protective measures for: 18
(a) Noise; 19
(b) Hazardous emissions in the air, water, and soil; 20
(c) Flying objects, including scrap metal and fly rock, debris, and fugitive dust; 21
(d) Chemical agents and solvents and their resultant by-products used in the 22
industrial processes; 23
(e) Smoke and dust mitigation; and 24
(f) Any other mitigation measures that the cabinet deems necessary to protect 25
the health and safety of the public and the environment. 26
(3) The administrative regulations required by subsection (2) of this section shall 27 UNOFFICIAL COPY 24 RS BR 29
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specifically address the public and environmental hazards from explosions and 1
combustible events at metal recycling facilities, including but not limited to: 2
(a) The fate and consequence of flying metal and other debris from the metal 3
recycling industrial site; 4
(b) Damage to off-site buildings, roads, personal property such as automobiles, 5
and other structures located in and around the metal recycling industrial 6
site; and 7
(c) Reducing the degredation of the air, aquatic environments, and soils 8
situated within two (2) miles of the industrial site. 9
(4) The administrative regulations promulgated under this section may require a 10
metal recycling facility to utilize pre-shredders to detect and remove residues and 11
other materials from the waste stream that should not be sent to the main 12
shredder in order to reduce explosions, combustion, or noise, or to control the 13
release of or provide further treatment of pollutants and contaminants. 14
SECTION 2. A NEW SECTION OF SUBCHAPTER 30 OF KRS CHAPTER 15
224 IS CREATED TO READ AS FOLLOWS: 16
Within seven (7) days of issuing a notice of violation to a metal recycling facility for 17
noncompliance with any standard, limit, or preventative measure imposed by this 18
subchapter or any administrative regulation promulgated thereto, the cabinet shall 19
send a copy of the notice of the violation to the chief executive officer of the local 20
government within which the facility is located. 21
Section 3. KRS 224.30-175 is amended to read as follows: 22
(1) All local governments may develop, adopt, and maintain a comprehensive program 23
of noise regulation. A program may include a study of the noise problems resulting 24
from uses and activities within its jurisdiction and the development and adoption of 25
a noise control plan. 26
(2) The cabinet shall send notice of any violations of noise standards of limits 27 UNOFFICIAL COPY 24 RS BR 29
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imposed by administrative regulations promulgated pursuant to Section 1 of this 1
Act by a metal recycling facility to both the recycling facility and to the local 2
governing body where the facility is situated. As used in this subsection, "metal 3
recycling facility" has the same meaning as in Section 1 of this Act. 4