401 KAR 45:090. Special waste operator certification.
RELATES TO: KRS 224.01, 224.10, 224.40, 224.50
STATUTORY AUTHORITY: KRS 224.10-100, 224.40-100, 224.40-305, 224.40-605, 224.50-760
NECESSITY, FUNCTION, AND CONFORMITY: KRS Chapter 224 requires the cabinet to adopt administrative regulations for the management, processing, and disposal of special wastes. KRS 224.40-305 requires persons who establish, conduct, operate, maintain or permit the use of a waste site or facility to obtain a permit. This chapter establishes the permitting standards for special waste sites or facilities, and the standards applicable to all special waste sites or facilities. This administrative regulation establishes the program for education, testing, and certification of operators of special landfarming sites or facilities in accordance with KRS 224.40-605.
Section 1. Applicability. (1) The requirements of this administrative regulation apply to all special waste landfills, landfarms, and composting facilities operating under formal permits, as identified in 401 KAR 45:020, Section 2(1)(a) and (b).
(2) The owner or operator shall ensure that all technical operations at the special waste site or facility are conducted by or under the direction of an individual with a valid certification under this administrative regulation. The landfill, landfarming, or composting operator shall be reasonably available at the site or facility during operation.
(3) The certified operator shall ensure that all operations are conducted in compliance with this chapter.
(4) A special waste site or facility permit may be revoked or subject to other enforcement actions upon violation of the requirements of this administrative regulation.
Section 2. Transition of Certification. (1) Persons holding a valid certification for landfill manager, landfill operator, and landfarming operator under 401 KAR 47:070 shall be deemed to hold a valid certification under this chapter until the certification expires. At the time a certification expires, the certificate holder shall obtain special waste certification under this administrative regulation.
(2) Persons operating a special waste landfill who were not previously certified to operate a residual landfill under 401 KAR Chapter 47 shall obtain certification under this chapter within one (1) year of the effective date of this administrative regulation.
(3) Persons operating a special waste composting or landfarming site or facility shall obtain certification within one (1) year of the effective date of this administrative regulation.
Section 3. General Provisions for Landfills. (1) Each special waste landfill shall have a landfill operator certified in accordance with this administrative regulation.
(2) No special waste landfill shall operate in the absence of a certified operator without the appointment of an interim operator in accordance with Section 11 of this administrative regulation.
Section 4. General Provisions for Landfarming and Composting Facilities. (1) Each landfarming or composting facility shall have an operator certified in accordance with this administrative regulation.
(2) No landfarming or composting facility shall operate in the absence of a certified operator without the appointment of an interim operator in accordance with Section 11 of this administrative regulation.
Section 5. Application for Certification. (1) Persons desiring to be certified shall submit an application at least thirty (30) days prior to the scheduled training class. Applicants for training and examination shall use form DEP 6031 entitled "Application for Certification" (November 2016). The requirements contained in the application for certification are incorporated in this administrative regulation by reference. The application may be obtained from the Division of Waste Management, 300 Sower Boulevard, Frankfort, Kentucky 40601, (502) 564-6716, between the hours of 8 a.m. to 4:30 p.m., Eastern Time, Monday through Friday.
(2) The cabinet shall review applications and supporting documents, determine the eligibility of the applicant for examination, and notify the applicant of the determination.
(3) No person shall be eligible for examination for certification unless that person completes the appropriate training course provided by the cabinet, unless an alternative training program is accepted by the cabinet in accordance with Section 6 of this administrative regulation.
Section 6. Training Course Requirements. (1) The cabinet shall provide training courses for individuals desiring to become certified. All applicants for certification shall be required to attend a training course provided by the cabinet, unless alternate training is accepted under subsection (3) of this section.
(2) The training course shall address the technical and legal aspects of the facility type for which operator certification is sought.
(a) The training course for landfill operators shall include:
1. Permit application requirements for special waste landfills, including technical and administrative requirements;
2. Waste characterization;
3. Chemical and biologic reactions associated with the waste;
4. Hydrogeologic and engineering factors associated with the facility;
5. Operational requirements and achieving compliance with 401 KAR 30:031;
6. Duties and responsibilities associated with landfill management;
7. Requirements of this chapter as they apply to facility operation, including environmental monitoring, operations requirements, and maintaining compliance with 401 KAR 30:031;
8. Evaluating site suitability to receive wastes;
9. Environmental considerations in preventing violations of this chapter;
10. Maintaining equipment; and
11. Facility safety.
(b) The training course for landfarm and composting operators shall include:
1. Requirements of this chapter as they apply to facility operation and management;
2. Wastewater treatment processes;
3. Waste characterization;
4. Chemical and biological reactions associated with the waste;
5. Landfarming design and management;
6. Permit application requirements for special waste landfarms;
7. Environmental considerations in preventing violations of this chapter;
8. Achieving and maintaining compliance with 401 KAR 30:031;
9. Evaluating site suitability to receive waste;
10. Maintaining equipment;
11. Facility safety; and
12. Duties and responsibilities associated with operating a landfarm.
(3) The cabinet may accept alternate training courses, provided they result in a level of competence equivalent to that of participation in the cabinet's training course. It shall be the applicant's responsibility to submit documentation as the cabinet requires for an equivalency judgement of the alternate training course. This information shall contain at a minimum the following specifics: the course name; sponsoring agency; the date, location, and beginning and ending times of the course; a summary of the course content of sufficient detail to determine relevance and quality of the course; and a copy of the certificate received.
Section 7. Training and Examinations. (1) After training is complete, time shall be set aside for the purpose of examinations to determine the knowledge and ability of the applicant.
(2) Separate examinations shall be prepared to cover basic differences in the duties and responsibilities for the operation of each category of special waste site or facility.
(3) Applicants who fail to pass an examination may reapply for the examination at a regularly scheduled examination or by appointment with the cabinet. The cabinet shall require the applicant to attend the training session again if the applicant fails to pass the examination in three (3) attempts.
Section 8. Education and Equivalencies. (1) All applicants shall be evaluated by the cabinet as to education and experience as related to the appropriate category of special waste site or facility.
(2)(a) Applicants for landfill operator shall have completed high school, by graduation or by obtaining an equivalency certificate, and shall have a minimum of one (1) year of experience at a landfill facility.
(b) If an applicant for landfill operator does not meet the requirements of paragraph (a) of this subsection, the cabinet may consider the number of years of experience in operating a landfill or experience in a related field such as heavy equipment operator, road construction, surface mining.
(3)(a) Applicants for landfarming or composting operator shall have completed high school, by graduation or by obtaining an equivalency certificate, and shall have a minimum of one (1) year of experience at a landfarming or composting facility.
(b) If an applicant for landfarming or composting operator does not meet the requirements of paragraph (a) of this subsection, the cabinet may consider the number of years of experience in operating a landfarming facility or experience in a related field such as wastewater treatment or water treatment in determining eligibility for examination on a year-for-year basis.
Section 9. Issuance of a Certificate. (1) Certification may be issued to individuals upon meeting the minimum education requirements, work experience, and the course work requirements of this administrative regulation and passing the examination in accordance with Section 5 of this administrative regulation.
(2) Certification shall not be valid if obtained through fraud, deceit, or the submission of inaccurate data.
Section 10. Issuance of Certificate. (1) A certification shall be issued for a period of five (5) years, at the end of which the certification shall expire, unless renewed. Renewal procedures and requirements shall be the same as those for a new certification.
(2) The certification of an operator whose employment at a special waste site or facility terminates shall remain valid until expiration or revocation of certification.
(3) Certificates shall be carried on the person of the certified operator during working hours at the facility, or shall be prominently displayed at the facility office.
(4)(a) The cabinet may revoke the certification of an operator if the operator:
1. Has practiced fraud or deception;
2. Has failed to perform his duties under this chapter;
3. Has failed to use reasonable care and judgement in performance of his duties under this chapter; or
4. Has knowingly or willfully violated the requirements of this chapter.
(b) Individuals who have had their certification revoked shall be ineligible for future recertification.
Section 11. Interim Operators. (1) The permittee shall be responsible for actions of an interim operator. The permittee shall notify the cabinet in writing if the special waste site or facility will not have a certified operator for more than fourteen (14) consecutive operating days.
(2) Consecutive operating days, as used in subsection (1) of this section, shall be determined as any days:
(a) When the special waste site or facility accepts waste, operates equipment, or otherwise performs the business of special waste management; and
(b) That occur in sequence, regardless of whether nonoperating days such as weekends or holidays fall in between.
(3) The notification required by subsection (1) of this section shall be provided at least ten (10) days prior to an anticipated absence, and immediately upon discovery of an unanticipated absence. The notification shall contain:
(a) The name, address, and qualifications of the interim operator;
(b) The length of time for which the permittee seeks to have an interim operator rather than a certified operator; and
(c) Reasons for replacement of the certified operator with an interim operator.
(4) The cabinet shall evaluate the qualifications of the designated interim operator and shall notify the permittee of the cabinet's determination in writing within thirty (30) days of receipt of the permittee's notice. The determination shall:
(a) Approve, conditionally approve, or deny the permittee's request for designation of the interim operator;
(b) Identify the length of time an interim operator may operate the special waste site or facility; and
(c) Specify conditions as appropriate to the site and the interim operator's qualifications.
(5) An interim operator shall obtain certification under this administrative regulation within fifteen (15) months of becoming an interim operator.
(6) The cabinet may revoke the appointment of an interim operator in accordance with Section 10(4)(a) of this administrative regulation. Revocation shall render the person ineligible for operator certification under Section 10(4)(b) of this administrative regulation.
Section 12. Fees. (1) Fees for application for certification shall be:
(a) $125 for application for certification as a landfill operator;
(b) $125 for certification as a landfarming or composting operator;
(c) Fifty (50) dollars for certification by reciprocity for all categories of operator; and
(d) $100 dollars for attendance at the certification training without taking the examination.
(2) Fees shall accompany applications and shall not be returned to those who do not qualify for a certificate. (18 Ky.R. 3094; Am. 3440; eff. 6-24-92; TAm eff. 7-8-2016; TAm eff. 12-21-2016.)