{"data":{"id":"us-ky/krs-224.50-760","jurisdiction":"us-ky","citation":"KRS 224.50-760","heading":"Special wastes  -- Exemptions  from  KRS  224.46-510 and","body":"224.46-520 -- Permit -- Notice -- Hearing.\n(1) (a) For purposes of this section and KRS  224.46-580(7), special wastes are\nthose wastes of high volume and low hazard which include but are not\nlimited to mining wastes, utility wastes (fly ash, bottom ash, scrubber\nsludge), wastes from coal gasification facilities (vitrified coarse solid\nresidues, prilled or blocked sulfur) approved by the cabinet based on\nsubmittal of appropriate testing demonstrating that the wastes are of low\nhazard, sludge from water treatment facilities and wastewater treatment\nfacilities, cement kiln dust, gas and oil drilling muds, and oil production\nbrines. Other wastes may be designated special wastes by the cabinet;\n(b) Disposal sites or facilities for special wastes shall be exempt from the\nprovisions of KRS  224.46-520 and the provisions of KRS  224.43-810 and\n224.43-815 but may  be regulated by the cabinet consistent with the\nResource Conservation and Recovery Act of 1976, as amended  (Pub. L.\n94-580), and regulations issued pursuant thereto, unless the special\nwaste received is listed or meets the criteria of a hazardous waste in\nregulations pursuant to KRS  224.46-510(3). If the special waste is a\nhazardous  waste  as  specified in regulations pursuant to  KRS\n224.46-510(3), the site or facility shall be required by the cabinet to\ncomply with the provisions of KRS  224.46-520 but shall not be subject to\nthe requirements of KRS 224.40-310(6);\n(c) Generators of special wastes shall register with the cabinet and be\nsubject to the provisions of KRS 224.46-510, except for generators of coal\nmining wastes which shall be regulated pursuant to the provisions of KRS\nChapter 350;\n(d) The cabinet shall, when promulgating regulations affecting special waste,\nrecognize special waste as a separate and distinct indivisible category\nand  shall recognize the distinct differences between the category of\nspecial wastes and other hazardous wastes and solid wastes as defined\nin KRS  224.1-010(30)(a) and 109.012(12) due to the fact that special\nwastes  have  large volume  but low hazardousness. The  cabinet's\nregulations for the generation, transport, recordkeeping, reporting,\ntreatment, storage, and disposal shall reflect those distinct differences.\nThe  cabinet's regulations shall recognize and  incorporate, where\nappropriate, and if consistent with the policies of KRS  224.46-510 to\n224.46-570,  any  deadline extensions, studies, and  specialized\nrequirements for specific kinds of special wastes that are or may  be\nundertaken at the federal or other levels of government; and\n(e) It is the intent of the General Assembly that the processing of sludge from\nwater  treatment facilities and  wastewater  treatment facilities by\ncomposting shall be considered an industrial process. The cabinet shall,\nwhen  promulgating administrative regulations affecting sludge from water\ntreatment facilities and  wastewater treatment facilities, consider the\ntreatment of this sludge by composting as an industrial process. The\nprovisions of this paragraph and subsection (3) of this section shall not\napply  to a  city, county, urban-county government, charter county\ngovernment, or special district as defined in KRS  Chapter 65, or to a\npublic or private college or university that processes its own  water\ntreatment or wastewater treatment sludge by composting on property\nowned  or leased by the city, county, urban-county government, charter\ncounty  government, special district, or public or private college or\nuniversity.\n(2) Generators  of waste oil shall be  exempt  from the provisions of KRS\n224.46-510 and 224.46-520 so long as waste oil is not specified as a\nhazardous waste in regulations pursuant to KRS  224.46-510(3) but may  be\nregulated by the cabinet consistent with the Resource Conservation and\nRecovery Act of 1976, as amended  (Pub. L. 94-580), and regulations issued\npursuant thereto.\n(3) A  permit application to establish, operate, or modify a composting site or\ncomposting facility for the processing of water treatment sludge or wastewater\ntreatment sludge, shall require immediately the general public notice provided\nfor in KRS  224.40-310(4) and (5). If a hearing is requested, no permit to\nestablish, operate, or modify a composting site or facility shall be issued prior to\nthe public hearing. The hearing shall be held within the county where the\ncomposting site or facility is located or proposed. Composting of this sludge\nshall be considered an industrial process.","path":[],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=46538","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:52:41Z","sha256":"c1e1e4b8ab2db9819c4b1776cfd359f1623bf162779886c3d3858c4cd3ae5c3d","source_id":"us-ky","stale":false,"prev":"us-ky/krs-224.50-585","next":"us-ky/krs-224.50-765"},"notice":"GroundRules: Original legal text. Not legal advice."}