{"data":{"id":"us-ky/krs-224.50-130","jurisdiction":"us-ky","citation":"KRS 224.50-130","heading":"Legislative findings -- Chemical  munitions waste treatment or","body":"disposal -- Requirements for treatment or disposal permits -- Restrictions\ngoverning  permits -- Reclassification of residues of demilitarization\nprocess.\n(1) The General Assembly of Kentucky finds that:\n(a) The compounds listed in subsection (2) of this section were designed and\nconfigured to be utilized for warfare, with the purpose of incapacitating or\ninducing lethality in persons who come  in contact with the compounds,\nand that the compounds have no legitimate civilian use;\n(b) The  Commonwealth  of Kentucky owes to its residents a duty of utmost\ncare to assure that no person will be exposed to these compounds  or the\ndegradation by-products of these compounds  through purposeful or\naccidental release of the compounds  into the air, land, or water of the\nCommonwealth,  and also owes a duty to utilize the police powers of the\nCommonwealth  to guarantee the safe demilitarization, decommissioning,\ndismantling, and disposal of weapons containing these compounds and to\neliminate potential risks of exposure from the treatment and disposal of\nthe compounds;\n(c) Section 6929  of Title 42  of the United States Code,  specifically\nrecognizes and reserves to the Commonwealth  the authority to impose\nreasonable restrictions directly relating to public health and safety with\nrespect to the management  of hazardous wastes beyond the minimum\nstandards established under federal law; and\n(d) The acute and chronic health effects and environmental consequences of\nexposure  to the compounds  and the degradation by-products of the\ncompounds  listed in subsection (2) of this section, given the high acute\ntoxicity of the compounds  relative to other regulated hazardous wastes,\njustify the imposition of standards correlative to the uncertainties and\nseverity of risks potentially posed by the treatment or disposal of the\ncompounds.\n(2) Notwithstanding any other provision of this chapter, within thirty (30) days after\nJuly 15, 1988, the cabinet shall list the following compounds  as hazardous\nwastes for the purposes of regulation of the treatment, storage, and disposal of\nthe wastes under the delegated authority of the Resource Conservation and\nRecovery  Act,  42  U.S.C.  6901  et  seq.:  GB  (isopropyl methyl\nphosphonoflouridate); VX  (O-ethyl-S-(2-diisopropylaminoethyl) methyl\nphosphonothiolate); and H (bis(2-chloroethyl) sulfide) and related compounds.\n(3) In addition to the requirements of KRS  224.46-520(1), the cabinet shall\nconsider the criteria set forth in this subsection in making a determination to\nissue, deny, or condition a permit for any person desiring a permit to construct\nor operate a hazardous-waste site or facility for treatment or disposal of any of\nthe compounds  identified in subsection (2) of this section. The applicant shall\naffirmatively demonstrate, and  the cabinet shall find prior to issuance,\nconditional issuance, or denial of the permit or draft permit, that:\n(a) The proposed treatment or destruction technology has been fully proven\nin  an  operational facility of scale, configuration, and  throughput\ncomparable  to the proposed facility, or has been  demonstrated as\neffective, within the chemical weapons disposal programs as directed in\nPub. L. 104-208 and other applicable federal laws, sufficient to provide\nassurance  of destruction or neutralization and removal efficiency of\nninety-nine and  nine thousand, nine hundred, and  ninety-nine ten\nthousandths percent (99.9999%) for each compound  listed in subsection\n(2) of this section that is proposed to be treated or destroyed, with the\nefficiency to be  demonstrated as  achievable under  all operating\nconditions. During the occurrence of malfunctions, upsets, or unplanned\nshutdowns, all quantities of any compound  listed in subsection (2) of this\nsection shall be contained, reprocessed or otherwise controlled so as to\nensure that the required efficiency is attained prior to any release to the\nenvironment;\n(b) Monitoring data from an  operational facility or alternative disposal\nprogram as described in paragraph (a) of this subsection reflects that the\nemissions from treatment and destruction facilities or fugitive sources,\nincluding, but not limited to, the emissions of the compounds  identified in\nsubsection (2) of this section and products of combustion, incomplete\ncombustion, and other processes alone or in combination present no\nmore  than a minimal risk of acute or chronic human  health effect, as\ndemonstrated by sufficient and applicable toxicological data, or adverse\nenvironmental effect; and\n(c) An  emergency response plan has been submitted to the cabinet and\napproved, after public notice and an opportunity to be heard, providing for\nsufficient training, coordination, and  equipment for state and  local\nemergency  response personnel, including health, police, fire, and other\nresponders, to assure the ability of the community to respond to releases\nfrom  such a facility. The  plan shall demonstrate the capability of\nevacuating prior to exposure, or otherwise mitigating exposure for all\nindividuals that might be exposed to releases from the facility during a\ncredible worst-case release. In determining the population and area of\npotential exposure during a worst-case release, all possible climatic\nconditions and population distributions shall be assumed  for the largest\narea where any exposure to the release could induce acute or chronic\nhealth consequences or environmental impact. If such a plan has not\nbeen  fully implemented at the time of permit approval, the Division of\nEmergency  Management  shall advise the cabinet of critical shortcomings.\nAny  permit issued shall include, as conditions, the resolution of critical\nshortcomings in the implementation of the plan, and shall not allow actual\ndestruction of any of the compounds  identified in subsection (2) of this\nsection to begin until those permit conditions have been met to the\nsatisfaction of the Division of Emergency  Management.  No later than\nJanuary 1, 2001, the Division of Emergency Management  shall complete\nan assessment of a draft plan previously submitted by the applicant and\nthe respective counties and, after public notice and an opportunity to be\nheard, shall approve or reject the draft plan. The cabinet shall conduct no\ntechnical review of a permit application for treatment or disposal of these\ncompounds  until notified in writing by  the Division of Emergency\nManagement  that the draft plan has been approved.\n(4) In considering any application for a permit subject to this section, and\nsupporting information which shall be provided by the applicant on request by\nthe cabinet, the cabinet shall not issue a permit unless, as part of the\nalternatives analysis of KRS  224.46-520(1), the cabinet makes an affirmative\nfinding after public notice and an opportunity to be heard, that no alternative\nmethod  of treatment or disposal exists in an operational facility or alternative\ndisposal program as described in subsection (3)(a) of this section that create\nless risk of release, or acute or chronic health effect, or adverse environmental\neffect.\n(5) In addition to the definition of the term as defined in this chapter, the term\n\"treatment,\" as used in this section, shall include the manual or mechanical\nhandling of the chemical compounds  listed in subsection (2) of this section and\nof any munitions containing the compounds  during the processing of munitions\nto  remove  the compounds,  to separate munitions components, and  to\notherwise  prepare  the  components  and  compounds  for destruction,\nneutralization, dismantling, or decommissioning. The term \"treatment\" shall not\ninclude the handling, movement, or overpacking of containers or munitions\ncontaining a compound  listed in subsection (2) of this section within the fenced\nboundaries of an area used for the storage of those munitions if:\n(a) A  plan for the handling, movement,  or overpacking is submitted and\napproved by the cabinet, after public notice and opportunity to be heard,\nbefore the handling, movement, or overpacking occurs; or\n(b) An emergency has occurred and the handling, movement, or overpacking\nis necessary to protect human  health, safety, or the environment, if a\nreport describing the handling, movement, or overpacking is submitted to\nthe cabinet as soon as possible after the emergency is abated.\n(6) No site or facility for treatment or disposal of any of the substances identified in\nsubsection (2) of this section shall be issued a permit to treat or destroy a live\nchemical agent as a research, development, or demonstration permit except\nfor a pilot scale operation.\n(7) After the compounds  listed in subsection (2) of this section have been treated\nto the treatment or destruction values identified in subsection (3)(a) of this\nsection, or to comparable destruction or treatment values established by the\ncabinet where those values identified in subsection (3)(a) of this section are\ninapplicable, the cabinet shall reclassify any residues of the demilitarization\nprocess (secondary wastes) to ensure proper management  and disposal\nconsistent with the toxicity and hazard potential of those residual waste\nstreams.\n(8) In addition to other requirements of KRS  224.46-520(1) and subsections (1) to\n(6) of this section, the cabinet shall not issue a permit or authorization to\nconstruct or operate a hazardous waste site or facility for treatment or disposal\nof any of the compounds  identified in subsection (2) of this section unless the\napplicant provides written documentation from the host county certifying that:\n(a) All infrastructure improvements identified in the final emergency response\nplan required in subsection (3)(c) of this section as being reasonably\nnecessary to assure the ability of the community to effectively respond to\nreleases from the facility in order to protect public health and the\nenvironment under the emergency response plan, have been or will be\ncompleted by the applicant prior to operation of the facility; and\n(b) The  applicant has provided to the host county sufficient funding for\nreasonable direct and indirect costs of the creation and maintenance of\nthe position of host community liaison. The host community liaison will be\ndetermined by the host county and will act as the single point of contact\nfor community relations, emergency planning, and community oversight of\nthe construction, operation, closure, and emergency  response of the\nfacility.","path":[],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=44838","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:52:41Z","sha256":"1559b3a0b01e6fa8920de2afa1791605eeef8d217abc47821562fb3a54d721c0","source_id":"us-ky","stale":false,"prev":"us-ky/krs-224.50-020","next":"us-ky/krs-224.50-135"},"notice":"GroundRules: Original legal text. Not legal advice."}