Landfarm Operator Certification

1. Landfarm Operator Certification Chapter 2: Regulation Overview and Permitting Process

2. General Objective • Understand the regulatory framework associated with landfarming in Kentucky

3. Specific Objectives • Distinguish between solid and special waste • Understand the general permitting processes associated with solid and special waste • Explain the regulations associated with both solid and special waste landfarm facilities

4. Specific Objectives • Understand the type of permit required for the different types of material being accepted • Understand the solid and special waste landfarm permit requirements

6. Waste Types • Special waste includes water and wastewater treatment sludges • Solid waste includes food processing residuals and industrial by-product that are not wastewater residuals

7. Permitting Process • All facilities must have a permit • Special Waste • Landfarm facilities that land apply wastewater treatment sludges require a formal permit • Others require a Registered Permit-by-Rule • Solid Waste • Landfarm facilities that handle food processing residuals and industrial by products will require either a formal permit or a Registered Permit-by-Rule

8. Special Wastes • Formal Permit • a Notice of Intent is submitted to the Cabinet • applicant will be notified as to what type of permit application will be required • After Notice of Intent is reviewed, a formal permit application can be submitted • Type A • greater then 250,000 gallons of liquid waste or 250 tons of dewatered waste per year • Type B • Less than 250,000 gallons of liquid waste or 250 tons of dewatered waste per year

9. Special Wastes

10. Special Wastes • Registered Permit-by-Rule • Some facilities that may require a registered permit-by-rule related to landfarming include • Beneficial re-use of special waste (not to include municipal wastewater treatment solids). • Facilities engaged in the sludge giveaway (public entities only). • Facilities storing and treating special waste not specified in the section on permit-by- rule. • Facilities that store or land apply compost.

11. Special Wastes • Permit-by-Rule • do not have to make application or register with the Cabinet • Example: Temporary storage of waste • Permit-by-rule facilities must also comply with the Environmental Performance Standards.

12. Special Wastes • Emergency Permit • may only be issued when the immediate need to store, process or dispose of the special waste greatly outweighs the time required to process a required permit more directly related to the classification of the waste. • Shall be given orally or in writing but if given orally, a written request must be forwarded to the Cabinet within five days • The duration shall not exceed 90 days. • All operation conducted for the duration of the permit shall be conducted within the limits of the environmental performance standards (401 KAR 30:031).

13. Special Wastes • Research, Development and Demonstration Permit • may be issued by the Cabinet for a special waste or facility that seeks to demonstrate an unproven technology related to either the waste or to handling, treatment or disposal. • Research, development and demonstration permits may be issued for a period of up to 2 years and may be renewed one time for another 2-year period. • All environmental performance standards must be followed.

14. Solid Waste • Class I • Requires a Registered Permit-by-Rule • Register with the Division of Waste Management by completing and submitting an application form (DEP 7059) • No permitting fees for municipal and county government facilities for this type of registration • Operation must comply with any local land use regulations and/or zoning ordinances • Does not relieve the permittee from obtaining other permits • Annual reports are required to be submitted to the Division and must be on a form approved by the Division (DEP 7108 XXX)

15. Solid Waste • Class II and Class III • Requires a Formal Permit • Class II permit is required for any landfarm facility that manages materials with heavy metal concentrations that exceed Class I • Class III permit is required for facilities that exceed Class II metal concentrations

17. Solid Waste • Formal Permit • Notice of Intent to apply • Cabinet determines application completeness • Cabinet issues or denies permit • If recommendation is to issue, applicant publishes public notice in local paper • 30 day waiting period • Administrative hearing held if requested • Cabinet issues or denies permit

18. Solid Waste • Registered Permit-by-Rule • Differs from special waste • Public notice is required • operation may commence 5 business days after application is submitted

19. Permit Renewal • The Division will review conditions of formal permit after 5 years • The Division will modify the permit as necessary • An application to renew permit must be submitted at least 180 prior to expiration date • Special Waste: Application for the Renewal of a Formal Permit (DEP 7095) • Solid Waste: Application for the Renewal of a Formal Permit (DEP XXX)

20. Closure • Must send closure report • Type A facilities has a 2 year post-closure monitoring and maintenance period immediately after closure • Type B facilities are not subject to the post-closure monitoring requirements • After post-closure period, permitee shall submit a certification that post-closure is complete

21. Sludge- Water treatment • solids and associated liquids removed during production of potable water supplied to private or municipal drinking water systems • Water treatment facilities remove suspended and dissolved solids from water taken from rivers, lakes, or underground sources during the production of potable water • Water treatment residuals may also contain trace elements, or micronutrients, beneficial to plant growth and low levels of heavy metals (cadmium, chromium, copper, nickel, lead, and zinc). These solids contain very low levels of nutrients beneficial to crops.

22. Sludge- Wastewater treatment • Wastewater sludge (also known as wastewater solids or biosolids) are solids generated by the treatment of wastewater to reduce or remove biological, physical and chemical contaminants before discharging the treated wastewater • treated either aerobically or anaerobically • . Other methods of achieving the regulatory minimum standards which may include lime stabilization or heat drying

23. Wastewater Treatment: Other Industrial Special Wastes • Industrial wastewater treatment by-products including solids from food processing facilities, distillery wastes, poultry and other animal processing, and other wastewater-derived solids

24. Other Special Wastes • Other types of waste products may be land applied • These include, but are not limited to, fly ash, lime scrubber sludge, fluidized bed combustion waste (FBCW), gas and oil drilling mud, and oil production brines (see Appendix XXX). • These wastes may include contaminants of concern that are not addressed by regulation and must be considered on a case-by-case basis

25. Solid Wastes: Regulatory Overview • Most solid wastes that are land applied are food processing residuals and industrial by-products that are not wastewater residuals. • These wastes include liquid and solid wastes from various food preparation plants including: • whey from cheese making and rejected milk from milk processing; • starch, peels and rejects from potato chips;

26. Solid Waste: Regulatory Overview • trimmings and rejects of vegetables and fruits from restaurants and grocery stores; • pomace from fruit processing; • tomato pulp from sauces and catsup; • wood processing wastes; • hulls and skins from peanut processing; • dust and hulls from coffee grinding and oil seed extraction; and • spent media from drug and food supplement manufacturing.

27. Food Wastes • As most food wastes are relatively unprocessed, there is a concern for the high biochemical oxygen demand (BOD) levels contained in these wastes • In addition to the standard waste analysis required by regulation, additional parameters such as BOD, salts, oil and grease, may be necessary to determine suitability of these products for land application

28. Other Solid Wastes • sawdust, wood chips and leaves, due to their low potential to create nuisance conditions or cause environmental harm, may be land applied under the Permit-by-Rule provisions of Kentucky solid waste regulations

29. General Objective • Understand the regulatory framework associated with landfarming in Kentucky

30. Specific Objectives • Distinguish between solid and special waste • Understand the general permitting processes associated with solid and special waste • Explain the regulations associated with both solid and special waste landfarm facilities

31. Specific Objectives • Understand the type of permit required for the different types of material being accepted • Understand the solid and special waste landfarm permit requirements