On Dec. 1, 2014, the Kentucky Division of Water (DOW) issued a KPDES Draft General Permit for leachate discharges from orphan landfills for public notice and comment. “Orphan landfills” include formerly permitted municipal solid waste disposal facilities or abandoned solid waste disposal facilities that ceased accepting solid waste before July 1, 1992, and were not closed in accordance with the upgraded regulations at 401 KAR Chapters 47 and 48.

DOW notes that such landfills are currently a target for remediation by the Division of Waste Management (DWM). Upon satisfactory completion of remediation of such landfills by DWM, it will seek to transfer responsibility for post-remediation care for the orphan landfills to a municipality or county government.

The KPDES General Permit will apply where remediation does not eliminate the discharges of leachate to waters of the Commonwealth. The Draft KPDES Permit would apply to such remediated sites that have been released to a county or municipality. The Draft Permit would establish numeric effluent limitations on biochemical oxygen demand, total suspended solids, ammonia (as N), turpineol, benzoic acid, p-cresol, phenol, pH and zinc