Regulation of Hazardous Waste Disposal on Agricultural Land

In the Commonwealth of Kentucky, the Division of Waste Management (DWM) of the Department of Natural Resources and Environmental Protection (DNP & EP) has the responsibility of regulating the hazardous waste program. A policy statement from the DWM was issued on June 9, 1981, concerning wastes generated from agricultural operations, i.e., farming. In summary, the statutory definition of a hazardous waste does not apply to animal manures and crop residues that are returned to the soil as a fertilizer or as a soil conditioner. Further, it states a hazardous waste shall not apply to pesticides, herbicides or fertilizers or their respective containers when disposed under label instructions or in accordance with the federal Insecticide, Fungicide, and Rodenticide Act as amended (KRS 224.005(27)). The EPA has questioned whether this state exemption extends to the manufacturing of pesticides. It further says that the disposal of solid wastes, such as sludges from waste treatment facilities, garbage, refuge, or any other discarded material in solid, liquid, semi-solid, or contained gaseous forms is subject to solid waste disposal requirements. It is recommended that a person who plans to land spread a domestic or industrial sludge or sludge material onto a farm seek prior approval of the proposed method of operation from DWM. This will avoid future problems for the opera Lion until the regulations are finalized. A summary of the requirements and a preliminary application form for sludge application to agricultural land are found in Attachments 3 and 4