KRS 224.43-610: Legislative findings and purposes.

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 t he 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 techno logies

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, includin g

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 q uantity 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.