KRS 224.40-120: Requirements for allowing off -site disposal of construction or

demolition waste at sites initially no larger than one acre -- Requirements for

increase of size of site to no more than two acres.

(1) The cabinet shall permit the off -site disposal of construction or demolition waste at

a site initially no larger than one (1) acre if, as a minimum, the following conditions

are imposed:

(a) The applicant shall provide a written certification that a copy of the

application has been delivered to the governing body of the solid waste

management area and that disposal of construction and demolition waste at

the proposed site will not violate local land use regulations;

(b) Disposal shall only occur during daylight hours in accordance with a posted

schedule that will allow inspection by local or state officials;

(c) The applicant shall erect on the site a sign clearly indicating that the site is

permitted for disposal of construction and demolition debris only, and the

operating hours shall appear on the sign along with the applicant's permit

number;

(d) The cabinet shall establish a schedule for closing and covering the site,

including provisions for intermediate cover when flammable waste is

involved;

(e) Notwithstanding any other provision of law, t he applicant shall not allow the

disposal of tires in a waste disposal facility regulated by this section; and

(f) The cabinet shall require the applicant to post a bond in the amount of ten

thousand dollars ($10,000) to ensure compliance with the conditio ns of the

permit.

(2) Upon request of the applicant, the cabinet may increase the size of a construction or

demolition waste site permitted under subsection (1) of this section to a total of no

more than two (2) acres if the applicant:

(a) Is compliant wit h all permit requirements for the currently permitted

construction or demolition waste disposal site; and

(b) Complies with the requirements of subsection (1) of this section with regard

to the additional permitted waste site area, including posting an add itional

bond with the cabinet in the amount of ten thousand dollars ($10,000) to

ensure compliance with the conditions of the permit for the newly permitted

area.

(3) The cabinet may waive the requirement of subsection (1)(b) of this section, that the

hours of operation shall be posted, and the requirements of subsection (1)(c) and (d)

of this section, if the cabinet determines that the area of land to be affected, the

limited duration of the disposal operation, or the materials to be disposed of do not

require imposition of these standards to assure the safety of the public.

(4) This section shall not apply to beneficial reuse of industrial solid waste.