{"data":{"id":"us-ky/krs-224.46-530","jurisdiction":"us-ky","citation":"KRS 224.46-530","heading":"Specific authority of cabinet over management of hazardous wastes.","body":"(1) In addition to any other authority or power, the cabinet shall have the authority and\npower:\n(a) To prohibit the placement of bulk or noncontainerized liquid hazardous\nwastes or free liquids contained in hazardous wastes (whether or not\nabsorbents have been added) in any landfill;\n(b) To minimize the disposal of containerized liquid hazardous wastes in landfills\nand minimize the presence of free liquids in containerized hazardous wastes to\nbe disposed in landfills;\n(c) To prohibit the disposal in landfills of any liquids including those that have\nbeen absorbed in materials that biodegrade or that release liquids when\ncompressed as might occur during routine landfill operations;\n(d) To regulate the production, burning and transporting of any fuel derived from\nany hazardous waste, any mixture of a material and hazardous waste or from\nused oil and any other material; and the distribution and marketing of any fuel\nproduced from hazardous wastes, a mixture of hazardous waste and any\nmaterial or from used oil or an y other material or which otherwise contains\nused oil or any hazardous waste. In regulating any persons and facilities\npursuant to this paragraph the cabinet may include but not be limited to\nestablishing requirements for notification, labeling, record kee ping,\nincineration, and any other requirement deemed necessary by the cabinet to\nprotect human health and the environment;\n(e) To require corrective action prior to issuing, renewing, or amending a permit\nfor all releases of hazardous wastes or constituent s from any waste\nmanagement unit at a treatment, storage or disposal facility, regardless of\nwhen the wastes were placed in such unit. Permits issued, renewed, or\namended shall contain schedules of compliance for corrective action and\nassurances of financi al responsibility for completing the corrective action\nwhenever the corrective action cannot be completed prior to a final decision\non the permit;\n(f) To require or order, at facilities for the treatment, storage or disposal of\nhazardous wastes, that corrective action be taken beyond the facility boundary\nwhere necessary to protect human health and the environment unless the\nowner or operator of the facility demonstrates that after using best efforts the\nnecessary permission to undertake such action could n ot be obtained. This\nrequirement applies to all facilities operating under permits issued pursuant to\nKRS 224.40 -310 to 224.40 -330, 224.43 -020, 224.46 -505 to 224.46 -530,\n224.50-130, and 224.50 -760 and all landfills, surface impoundments, and\nwaste pile uni ts (including any new units, replacement of existing units or\nlateral expansions of existing units) which receive hazardous wastes after July\n26, 1982;\n(g) To condition and issue permits that contain terms and conditions that are\nnecessary to protect human health and the environment;\n(h) To require any landfill, surface impoundment, land treatment unit or waste\npile unit permitted to operate which receives hazardous waste after July 26,\n1982, to comply with the standards concerning groundwater monitoring,\nunsaturated zone monitoring, and corrective action which are applicable to\nnew landfills, surface impoundments, land treatment units, and waste pile\nunits required to be permitted under this chapter;\n(i) To impose such requirements as may be necessary to pr otect human health\nand the environment at any existing landfills, surface impoundments or class\nof surface impoundments from which the cabinet determines hazardous\nconstituents are likely to migrate into groundwater. Such requirements may\ninclude those which would apply if such facility was new;\n(j) To regulate the generation, transportation, and use of used oil which is\nrecycled as necessary to protect human health and the environment;\n(k) To regulate hazardous waste that is radioactive except to the exten t that such\nwaste is source, special nuclear or by -product material as defined by the\nAtomic Energy Act of 1954, as amended, (68 Stat. 923);\n(l) To prohibit the use of waste or used oil or other material which is\ncontaminated or mixed with dioxin or any ot her hazardous waste, other than a\nwaste identified solely on the basis of ignitability, for dust suppression or road\ntreatment;\n(m) To regulate, monitor, and control air emissions at hazardous waste treatment,\nstorage, and disposal facilities including but not limited to open tanks, surface\nimpoundments, and landfills as may be necessary to protect human health and\nthe environment; and\n(n) To exclude a waste generated at a particular facility from being regulated as a\nhazardous waste.\n(2) The cabinet shall have the authority to promulgate any regulations necessary to\ncarry out the provisions of this section.","path":[],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=10449","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:52:41Z","sha256":"110c59685eef52c793413f08143ae6fa4dfcbbee843aeeca291f3ccda4a5a85d","source_id":"us-ky","stale":false,"prev":"us-ky/krs-224.46-525","next":"us-ky/krs-224.46-540"},"notice":"GroundRules: Original legal text. Not legal advice."}