HB 45 — AN ACT relating to resource recovery.

UNOFFICIALCHAPTER COPY67 221 RSCHAPTER 67 ( HB 45/EN45 ) AN ACT relating to resource recovery.

Without limiting the generality of the foregoing, this term includes all types of business, commercial and industrial plants, works, shops, and stores, and heating and power plants and stations, buildings and other structures of all types, including single and multiple family residences, apartments, houses, office buildings, public buildings, hotels, restaurants, schools, hospitals, churches, and other institutional buildings, automobiles, trucks, tractors, buses and other motor vehicles, garages and vending and service locations and stations, railroad locomotives, ships, boats and other waterborne craft, portable fuel-burningfuel- burning equipment, incinerators of all types (indoor and outdoor), refuse dumps and piles, and all stack and other chimney outlets from any of the foregoing;

(4) "Closure" means the time at which a waste treatment, storage, or disposal facility permanently ceases to accept wastes, and includes those actions taken by the owner or operator of the facility to prepare the site for post-closurepost- closure monitoring and maintenance or to make it suitable for other uses;

Page 1 of 16 HB004520.100 - 192 - XXXX Engrossed UNOFFICIAL COPY 22 RS HB 45/EN (5) "Compost" means solid waste which has undergone biological decomposition of organic matter, been disinfected using composting or similar technologies, been stabilized to a degree which is potentially beneficial to plant growth and which is approved for use or sale as a soil amendment, artificial topsoil, growing medium amendment, or other similar uses;

(11) "Effluent limitations" means any restrictions or prohibitions established under state law which include, but are not limited to, effluent limitations, standards of performance for new sources, and toxic effluent standards on quantities, rates, and concentrations of chemical, physical, biological, and other constituents which are Page 2 of 16 HB004520.100 - 192 - XXXX Engrossed UNOFFICIAL COPY 22 RS HB 45/EN discharged into waters;

Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (13) "Materials recovery facility" means a solid waste management facility that provides for the extraction from solid waste of recyclable materials, materials suitable for use as a fuel or soil amendment, or any combination of those materials;

(17) "Post-closure monitoring and maintenance" means the routine care, maintenance, Page 3 of 16 HB004520.100 - 192 - XXXX Engrossed UNOFFICIAL COPY 22 RS HB 45/EN and monitoring of a solid waste or hazardous waste treatment, storage, or disposal facility following closure of the facility;

(21) "Recycling" means any process by which materials which would otherwise become solid waste are collected, separated, or processed and reused or returned to use in the form of raw materials or products, including refuse-derived fuel when processed in accordance with administrative regulations established by the cabinet, but does Page 4 of 16 HB004520.100 - 192 - XXXX Engrossed UNOFFICIAL COPY 22 RS HB 45/EN not include the incineration or combustion of materials for the recovery of energy;

CHAPTER 67 3 (26) "Waste site or facility" means any place where waste is managed, processed, or disposed of by incineration, landfilling, or any other method, but does not include a container located on property where solid waste is generated and which is used solely for the purpose of collection and temporary storage of that solid waste prior to off-site disposal, or a recovered material processing facility, or an advanced recycling facility, or the combustion of processed waste in a utility boiler;

(29) "Treatment" means any method, technique, or process, including neutralization, designed to change the physical, chemical, or biological character or composition of any waste so as to neutralize such waste or so as to render such waste nonhazardous, safer for transport, amenable for recovery, amenable for storage, or Page 5 of 16 HB004520.100 - 192 - XXXX Engrossed UNOFFICIAL COPY 22 RS HB 45/EN reduced in volume.

"Commercial solid waste" means all types of solid waste generated by stores, offices, restaurants, warehouses, and other service and Page 6 of 16 HB004520.100 - 192 - XXXX Engrossed UNOFFICIAL COPY 22 RS HB 45/EN nonmanufacturing activities, excluding tire-derived fuel and household and industrial solid waste;

Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (31) "Waste management district" means any county or group of counties electing to form under the provisions of KRS Chapter 109 and operate in conformance with the provisions of KRS Chapter 109 and with Section 4006, Resource Conservation and Recovery Act of 1976, as amended (Public Law 94-580);

Page 7 of 16 HB004520.100 - 192 - XXXX Engrossed UNOFFICIAL COPY 22 RS HB 45/EN (32) "Water" or "waters of the Commonwealth" means and includes any and all rivers, streams, creeks, lakes, ponds, impounding reservoirs, springs, wells, marshes, and all other bodies of surface or underground water, natural or artificial, situated wholly or partly within or bordering upon the Commonwealth or within its jurisdiction;

collection, storage, transportation, transfer, processing, treatment, and disposal, which shall be in accordance with a cabinet-approvedcabinet- approved county or multicounty solid waste management plan;

Page 8 of 16 HB004520.100 - 192 - XXXX Engrossed UNOFFICIAL COPY 22 RS HB 45/EN (39) "Solid waste management area" or "area" means any geographical area established or designated by the cabinet in accordance with the provisions of this chapter;

(45) "Governing body" means a county, a waste management district, an entity created Page 9 of 16 HB004520.100 - 192 - XXXX Engrossed UNOFFICIAL COPY 22 RS HB 45/EN pursuant to the Interlocal Cooperation Act, a taxing district created pursuant to the provisions of KRS 65.180 to 65.192, a special district CHAPTER 67 5 created pursuant to the provisions of KRS 65.160 to 65.176, or counties acting under contract pursuant to KRS 109.082;

"Tire-derived fuel" shall not mean refuse-refuse-derived Page 10 of 16 HB004520.100 - 192 - XXXX Engrossed UNOFFICIAL COPY 22 RS HB 45/EN derived fuel;[ and] (54) "Industrial energy facility" means a facility that produces transportation fuels, synthetic natural gas, chemicals, or electricity through a gasification process using coal, coal waste, or biomass resources, and costing in excess of seven hundred fifty million dollars ($750,000,000) at the time of construction;

(58) "Gasification" means a process through which post-use polymers and recovered feedstocks are heated and converted into a fuel and gas mixture in an oxygen-oxygen-deficient deficient atmosphere, and then converted into raw, intermediate, and final products;

(b) Is not mixed with solid waste or hazardous waste onsite or during Page 11 of 16 HB004520.100 - 192 - XXXX Engrossed UNOFFICIAL COPY 22 RS HB 45/EN processing at the advanced recycling facility;

Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (61) (a) "Recovered feedstock" means one (1) or more of the following materials that has been processed so that it may be used as feedstock in an advanced recycling facility:

Materials for which the United States Environmental Protection Agency has made a nonwaste determination pursuant to applicable federal requirements or has otherwise determined are feedstocks and not solid waste;waste.

and (62) "Solvolysis" means a manufacturing process through which post-use polymers are purified with the aid of solvents while heated at low temperatures or Page 12 of 16 HB004520.100 - 192 - XXXX Engrossed UNOFFICIAL COPY 22 RS HB 45/EN pressurized to make raw materials, intermediate products, or final products, while allowing additives and contaminants to be removed.

Page 13 of 16 HB004520.100 - 192 - XXXX Engrossed UNOFFICIAL COPY 22 RS HB 45/EN but not to exceed fifteen percent (15%) of the total amount of the municipal solid waste received at the processing facility on a daily basis;

(12) "Solid waste" means any garbage, refuse, sludge, and other discarded material, including solid, liquid, semisolid, or contained gaseous material resulting from industrial, commercial, mining (excluding coal mining waste, coal mining by-by-products, products, refuse and overburden), agricultural operations, and from community activities, but does not include those materials including but not limited to sand, soil, rock, gravel, or bridge CHAPTER 67 7 debris extracted as part of a public road construction project funded wholly or in part with state funds, recovered material, post-use polymers or recovered feedstocks as those terms are defined in Section 1 of this Act, special wastes as designated by KRS 224.50-760, solid or dissolved material in domestic sewage, manure, crops, crop residue, or a combination thereof which are placed on the soil for return to the soil as fertilizers or soil conditions, or solid or dissolved materials in irrigation return flows or industrial discharges which are Page 14 of 16 HB004520.100 - 192 - XXXX Engrossed UNOFFICIAL COPY 22 RS HB 45/EN point sources subject to permits under Section 402 of the Federal Water Pollution Control Act, as amended (86 Stat.

For the purposes of subsection (5) of this section and KRS 109.0417, "solid waste Page 15 of 16 HB004520.100 - 192 - XXXX Engrossed UNOFFICIAL COPY 22 RS HB 45/EN management services" additionally includes collection, storage, transportation, transfer, processing, treatment, and disposal of special wastes, as designated by KRS 224.50-760, and curbside collection of recovered material, but does not include advanced recycling as defined in Section 1 of this Act;

PageSigned 16by ofGovernor 16March HB004520.10031, -2022. 192 - XXXX Engrossed

Legislative Research Commission PDF Version