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AN ACT relating to coal combustion by-products. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
ď˘Section 1. KRS 224.50-760 is amended to read as follows: 3
(1) (a) For purposes of this section and KRS 224.46-580(7), special wastes are those 4
wastes of high volume and low hazard which include but are not limited to 5
mining wastes, utility wastes (fly ash, bottom ash, scrubber sludge), wastes 6
from coal gasification facilities (vitrified coarse solid residues, prilled or 7
blocked sulfur) approved by the cabinet based on submittal of appropriate 8
testing demonstrating that the wastes are of low hazard, sludge from water 9
treatment facilities and wastewater treatment facilities, cement kiln dust, gas 10
and oil drilling muds, and oil production brines. Other wastes may be 11
designated special wastes by the cabinet; 12
(b) 1. Disposal sites or facilities for special wastes shall be exempt from the 13
provisions of KRS 224.46-520 and the provisions of KRS 224.43-810 14
and 224.43-815 but may be regulated by the cabinet consistent with the 15
Resource Conservation and Recovery Act of 1976, as amended (Pub. L. 16
94-580), and regulations issued pursuant thereto, unless the special 17
waste received is listed or meets the criteria of a hazardous waste in 18
regulations pursuant to KRS 224.46-510(3). 19
2. Coal combustion by-products or utility wastes that qualify as special 20
wastes under this section may be beneficially reused at underground 21
or surface coal mines as structural fill, backfill, material for 22
contouring, mine stabilization, or reclamation material in accordance 23
with the requirements of this chapter and the administrative 24
regulations promulgated hereunder. The resulting reclaimed land may 25
be used for any purposes for which it is suitable, including 26
agricultural purposes. 27 UNOFFICIAL COPY 25 RS BR 1720
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3. If the special waste is a hazardous waste as specified in regulations 1
pursuant to KRS 224.46-510(3), the site or facility shall be required by 2
the cabinet to comply with the provisions of KRS 224.46-520 but shall 3
not be subject to the requirements of KRS 224.40-310(6); 4
(c) Generators of special wastes shall register with the cabinet and be subject to 5
the provisions of KRS 224.46-510, except for generators of coal mining 6
wastes which shall be regulated pursuant to the provisions of KRS Chapter 7
350; 8
(d) The cabinet shall, when promulgating regulations affecting special waste, 9
recognize special waste as a separate and distinct indivisible category and 10
shall recognize the distinct differences between the category of special wastes 11
and other hazardous wastes and solid wastes as defined in KRS 224.1-12
010(30)(a) and 109.012(12) due to the fact that special wastes have large 13
volume but low hazardousness. The cabinet's regulations for the generation, 14
transport, recordkeeping, reporting, treatment, storage, and disposal shall 15
reflect those distinct differences. The cabinet's regulations shall recognize and 16
incorporate, where appropriate, and if consistent with the policies of KRS 17
224.46-510 to 224.46-570, any deadline extensions, studies, and specialized 18
requirements for specific kinds of special wastes that are or may be 19
undertaken at the federal or other levels of government; and 20
(e) It is the intent of the General Assembly that the processing of sludge from 21
water treatment facilities and wastewater treatment facilities by composting 22
shall be considered an industrial process. The cabinet shall, when 23
promulgating administrative regulations affecting sludge from water treatment 24
facilities and wastewater treatment facilities, consider the treatment of this 25
sludge by composting as an industrial process. The provisions of this 26
paragraph and subsection (3) of this section shall not apply to a city, county, 27 UNOFFICIAL COPY 25 RS BR 1720
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urban-county government, charter county government, or special district as 1
defined in KRS Chapter 65, or to a public or private college or university that 2
processes its own water treatment or wastewater treatment sludge by 3
composting on property owned or leased by the city, county, urban-county 4
government, charter county government, special district, or public or private 5
college or university. 6
(2) Generators of waste oil shall be exempt from the provisions of KRS 224.46-510 and 7
224.46-520 so long as waste oil is not specified as a hazardous waste in regulations 8
pursuant to KRS 224.46-510(3) but may be regulated by the cabinet consistent with 9
the Resource Conservation and Recovery Act of 1976, as amended (Pub. L. 94-10
580), and regulations issued pursuant thereto. 11
(3) A permit application to establish, operate, or modify a composting site or 12
composting facility for the processing of water treatment sludge or wastewater 13
treatment sludge, shall require immediately the general public notice provided for in 14
KRS 224.40-310(4) and (5). If a hearing is requested, no permit to establish, 15
operate, or modify a composting site or facility shall be issued prior to the public 16
hearing. The hearing shall be held within the county where the composting site or 17
facility is located or proposed. Composting of this sludge shall be considered an 18
industrial process. 19