KRS 224.46-530: Specific authority of cabinet over management of hazardous wastes.

(1) In addition to any other authority or power, the cabinet shall have the authority and

power:

(a) To prohibit the placement of bulk or noncontainerized liquid hazardous

wastes or free liquids contained in hazardous wastes (whether or not

absorbents have been added) in any landfill;

(b) To minimize the disposal of containerized liquid hazardous wastes in landfills

and minimize the presence of free liquids in containerized hazardous wastes to

be disposed in landfills;

(c) To prohibit the disposal in landfills of any liquids including those that have

been absorbed in materials that biodegrade or that release liquids when

compressed as might occur during routine landfill operations;

(d) To regulate the production, burning and transporting of any fuel derived from

any hazardous waste, any mixture of a material and hazardous waste or from

used oil and any other material; and the distribution and marketing of any fuel

produced from hazardous wastes, a mixture of hazardous waste and any

material or from used oil or an y other material or which otherwise contains

used oil or any hazardous waste. In regulating any persons and facilities

pursuant to this paragraph the cabinet may include but not be limited to

establishing requirements for notification, labeling, record kee ping,

incineration, and any other requirement deemed necessary by the cabinet to

protect human health and the environment;

(e) To require corrective action prior to issuing, renewing, or amending a permit

for all releases of hazardous wastes or constituent s from any waste

management unit at a treatment, storage or disposal facility, regardless of

when the wastes were placed in such unit. Permits issued, renewed, or

amended shall contain schedules of compliance for corrective action and

assurances of financi al responsibility for completing the corrective action

whenever the corrective action cannot be completed prior to a final decision

on the permit;

(f) To require or order, at facilities for the treatment, storage or disposal of

hazardous wastes, that corrective action be taken beyond the facility boundary

where necessary to protect human health and the environment unless the

owner or operator of the facility demonstrates that after using best efforts the

necessary permission to undertake such action could n ot be obtained. This

requirement applies to all facilities operating under permits issued pursuant to

KRS 224.40 -310 to 224.40 -330, 224.43 -020, 224.46 -505 to 224.46 -530,

224.50-130, and 224.50 -760 and all landfills, surface impoundments, and

waste pile uni ts (including any new units, replacement of existing units or

lateral expansions of existing units) which receive hazardous wastes after July

26, 1982;

(g) To condition and issue permits that contain terms and conditions that are

necessary to protect human health and the environment;

(h) To require any landfill, surface impoundment, land treatment unit or waste

pile unit permitted to operate which receives hazardous waste after July 26,

1982, to comply with the standards concerning groundwater monitoring,

unsaturated zone monitoring, and corrective action which are applicable to

new landfills, surface impoundments, land treatment units, and waste pile

units required to be permitted under this chapter;

(i) To impose such requirements as may be necessary to pr otect human health

and the environment at any existing landfills, surface impoundments or class

of surface impoundments from which the cabinet determines hazardous

constituents are likely to migrate into groundwater. Such requirements may

include those which would apply if such facility was new;

(j) To regulate the generation, transportation, and use of used oil which is

recycled as necessary to protect human health and the environment;

(k) To regulate hazardous waste that is radioactive except to the exten t that such

waste is source, special nuclear or by -product material as defined by the

Atomic Energy Act of 1954, as amended, (68 Stat. 923);

(l) To prohibit the use of waste or used oil or other material which is

contaminated or mixed with dioxin or any ot her hazardous waste, other than a

waste identified solely on the basis of ignitability, for dust suppression or road

treatment;

(m) To regulate, monitor, and control air emissions at hazardous waste treatment,

storage, and disposal facilities including but not limited to open tanks, surface

impoundments, and landfills as may be necessary to protect human health and

the environment; and

(n) To exclude a waste generated at a particular facility from being regulated as a

hazardous waste.

(2) The cabinet shall have the authority to promulgate any regulations necessary to

carry out the provisions of this section.